HomeMy WebLinkAbout1999-05-19; Planning Commission; Resolution 45501
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PLANNING COMMISSION RESOLUTION NO. 4550
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CONSTRUCT TWO SECOND DWELLING UNITS ON
PROPERTY GENERALLY LOCATED NORTH OF MAGNOLIA
AVENUE AND WEST OF VALLEY STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1
CASE NAME: MAGNOLIA GARDENS
CASE NO.: SDP 98-22
WHEREAS, Pacific Scene Financial, LLC, “Developer”, has filed :
application with the City of Carlsbad regarding property owned by Gloria Aguiler
“Owner”, described as
APPROVAL OF SITE DEVELOPMENT PLAN SDP 98-22 TO
That portion of Tract 245 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County, December 9,1915
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WHEREAS, said verified application constitutes a request for a Site Dev 17
18 Plan as shown on Exhibit(s) “A” - “H” dated May 19,1999, on file in the Planning De:
19 MAGNOLIA GARDENS - SDP 98-22 as provided by Chapter 21.06/Section 21.53.1
20 Carlsbad Municipal Code; and
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(“the Property”); and
WHEREAS, the Planning Commission did, on the 19th day of May, 19!
22 11 duly noticed public hearing as prescribed by law to consider said request; and
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24 WHEREAS, at said public hearing, upon hearing and considerin
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 27
considered all factors relating to the Site Development Plan
testimony and arguments, if any, of all persons desiring to be heard, said Commi
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
Commission RECOMMENDS APPROVAL of MAGNOLIA GAS
SDP 98-22 based on the following findings and subject to the 1
conditions:
Findinys:
1. That the requested use is properly related to the site, surroundings and envi
settings, is consistent with the various elements and objectives of the General
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, surro1:
traffic circulation, in that: a) the proposed lots can easily accommodate the ,
structures while providing all required front, side, and rear yard setback!
project complies with all City standards for lot configuration, street widths
and drainage for the development; c) the project is consistent and compat
the surrounding development in scale and design; and d) the projec
preserves the single family character of the surrounding neighborhood.
2. That the site for the intended use is adequate in size and shape to accommodate t
that the proposed lots all exceed the minimum lot size requirements for the
can easily accommodate the proposed structures while providing all requir
side and rear yard setbacks, and the project design complies with all City SI
for lot configuration, street width, grading and drainage.
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 project design complies with all a1
second dwelling unit requirements in addition to regulations for setbacks,
and other features of the R-1 Zone.
4. That the street systems serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the project design includes dedication ar
improvement requirements necessary to serve the development.
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. Dev(
shall occur substantially as shown in the approved Exhibits. Any proposed devt
different from this approval, shall require an amendment to this approval.
2. Approval of SDP 98-22 is granted subject to the approval of CT 98-12 :
Magnolia Gardens Mitigated Negative Declaration and Mitigation Monitor
Reporting Program. SDP 98-22 is subject to all conditions contained in P
PC RES0 NO. 4450 -2-
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Commission Resolutions No. 4550 and 4548 for CT 98-12 and the Magnolia
Mitigation Monitoring and Reporting Program.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convc
“fees/exactions.”
You have 90 days from the date of City Council approval to protest imposition
feedexactions. If you protest them, you must follow the protest procedure set
Government Code Section 66020(a), and file the protest and any other required inform;
the City Manager for processing in accordance with Carlsbad Municipal Code Section
Failure to timely follow that procedure will bar any subsequent legal action to attack, rz
aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bc
a NOTICE similar to this, or as to which the statute of limitations has previously I
expired.
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1 ”* I I *** I PC RES0 NO. 4450 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 19th day of May 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners L’Heureux, Segal
and Welshons
NOES: Commissioner Nielsen
ABSENT: Commissioner Compas
ABSTAIN:
COURTNEY E. H
CARLSBAD PLANNING COMMISSION
ATTEST:
Ll4.U.h-A
MICHAEL J. HOLZM LER
Planning Director
PC RES0 NO. 4450 -4-