HomeMy WebLinkAbout1998-07-15; Planning Commission; Resolution 4328-’ - e 0
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PLANNING COMMISSION RESOLUTION NO. 4328
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SUBDIVISION ON PROPERTY LOCATED AT THE CORNER
OF PARK DRIVE AND MONROE STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MAY SUBDIVISION
CASE NO.: SDP 98-05
WHEREAS, James & Patricia May, “Developer”, have filed a
DEVELOPMENT PLAN SDP 98-05 TO ALLOW THE MAY
application with the City of Carlsbad regarding property owned by James & Patric
“Owner”, described as
A portion of Lot “I” of Rancho Agua Hedionda in the County of Sal
State of California, according to the map thereof No. 823, filed in the
the County Recorder of San Diego County November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibits “A” - “G” dated July 1, 1998, on file in the Planning Dep
MAY SUBDIVISION, SDP 98-05 provided by Section 21.53.120 of the Carlsbad M
Code; and
WHEREAS, the Planning Commission did, on the 1st day of July, 1991
the 15th day of July, 1998, hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the E
Commission APPROVES MAY SUBDIVISION SDP 98-05, based
following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General F
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrow
traffic circulation, in that second dwelling units are permitted in the R-1 z
provision of two (2) second dwelling units that are affordable to lower
households plus the payment of .47 times the average subsidy needed 1
affordable to a lower income household one newly constructed typical :
housing unit is consistent with the Housing Element in that they would sa
project’s 2.47 unit inclusionary housing requirement, and the detached
dwelling units conform to all second dwelling unit development standards I
by Section 21.10.015 of the Carlsbad Municipal Code.
2. That the site for the intended use is adequate in size and shape to accommodate tk
that the proposed lots are a minimum of 10,000 square feet in area and the d
603 square foot single story second dwelling units would be located to the re:
main structures within the buildable portion of the lot.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the second dwelling units would be sil.
architecture to the main structure and a separate onsite parking space w
provided.
4. That the street systems serving the proposed use is adequate to properly handle a
generated by the proposed use, in that all necessary public street improvemenl
be installed in accordance with City standards prior to occupancy.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to mz,
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. Prior to the issuance of any future building permit for Lots 7 and 8, the I
owners shall be required to apply for and receive approval of an admin
PC RES0 NO. 4328 -2-
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second dwelling unit in accordance with Section 21.10.015 of the (
Municipal Code.
3. Approval of SDP 98-05 is granted subject to the approval of the Mitigated
Declaration and Mitigation Monitoring and Reporting Program, ZC 97-01
97-12, CT 97-24 and CDP 97-58. SDP 98-05 is subject to all conditions con
Resolutions No. 4330, 4325, 4326, and 4327 for the Mitigated Negative Dec
and Mitigation Monitoring and Reporting Program, ZC 97-08, LCPA 97-12
24, and CDP 97-58.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from the date of final Council approval of related applications tc
imposition of these feedexactions. If you protest them, you must follow the protest p
set forth in Government Code Section 66020(a), and file the protest and any other
information with the City Manager for processing in accordance with Carlsbad MuniciI
Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal
attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection x
project; NOR DOES IT APPLY to any feedexactions of which you have previously bec
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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~ PC RES0 NO. 4328 .3 -
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9 0
I PASSED, APPROVED AND ADOPTED at a regular meeting of the
1
Commission of the City of Carlsbad, California, held on the 15th day of July, 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman,
Monroy, Nielsen, and Welshons
NOES:
ABSENT: Commissioner Savary
ABSTAIN:
<.
BAILEY NOBbG, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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~ Planning Director
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PC RES0 NO. 4328 -4- I