HomeMy WebLinkAbout1999-08-18; Planning Commission; Resolution 4610. I
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PLANNING COMMISSION RESOLUTION NO. 4610
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
CONSTRUCTION OF 73 SINGLE FAMILY HOMES WITHIN
THE LOHF SUBDIVISION ON PROPERTY GENERALLY
LOCATED WEST OF EL CAMIN0 REAL, BETWEEN DOVE
LANE AND CASSIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 2 1
CASE NAME: LOHF PROPERTY
CASE NO.: SDP 99-01
DEVELOPMENT PLAN SDP 99-01 TO ALLOW
9 WHEREAS, Lamco Housing, Inc., “Developer”, has filed a verified a
10 with the City of Carlsbad regarding property owned by Lohf Family Trust, “Owner”,
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Parcel 2 of Map No. 2244, filed in the Office of the County
Recorder on January 30, 1974, and the southern half of the
northeast quarter of Section 26, Township 12 South, Range 4
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West, San Bernardino Meridian, all in the City of Carlsbad,
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WHEREAS, said verified application constitutes a request for a Site Dev 17
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Department, LOHF PROPERTY - SDP 99-01 as provided by Chapter 21.06/Section : l9
Plan as shown on Exhibits “A” - “Q” dated August, 18, 1999, on file in the 18
County of San Diego, State of California
(“the Property”); and
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of Augl
23 I/ hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all 1
25 and arguments, if any, of all persons desiring to be heard, said Commission considered :
26 relating to the Site Development Plan
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the
28 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 APPROVES LOHF PROPERTY - SDP 99-01 basec
following findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and envil
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, smou
traffic circulation, in that the adjacent single family subdivision is develop
same density as proposed for the Lohf property; all necessary public st]
utilities have been, or will be dedicated and improved, prior to occupanc
units; no conflicts with existing easements will result from the developmenr
encroachment into the existing native habitat is proposed.
2. That the site for the intended use is adequate in size and shape to accommodate t'
that all of the proposed homes comply with all R-1 development standard
within the existing lot lines and property boundaries approved through CT
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the proposed Site Development Plan comp
all development standards and the improvements match the a
improvements for the Lohf Subdivision (CT 97-15).
4. That the street systems serving the proposed use is adequate to properly handle I
generated by the proposed use, in that the 73-unit project site is served by a lot
(Mimosa Drive) a collector street (Dove Lane) and a major arterial
(Poinsettia Lane), all of which can accommodate the 730 additional da
generated by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to '
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permit.
1. If any of the following conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their viola.
vested rights are gained by Developer or a successor in interest by the City's apl
this Site Development Plan.
I pc RESO No. 4610
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Staff is authorized and directed to make, or require the Developer to make, all cc
and modifications to the Site Development Plan documents, as necessary to m
internally consistent and in conformity with the final action on the project. Dev
shall occur substantially as shown on the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state,
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on th
are challenged, this approval shall be suspended as provided in Government Cod
66020. If any such condition is determined to be invalid this approval shall t
unless the City Council determines that the project without the condition coml
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, dc
hold harmless the City of Carlsbad, its Council members, officers, employees, ai
representatives, from and against any and all liabilities, losses, damages, demanc
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, fkom (a) City’s approval and issuance of this Site Development
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissic
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Director a reproducible 24” x 31
copy of the Site Plan reflecting the conditions approved by the final decisiol
body.
Prior to the issuance of a building permit, the Developer shall provide pro
Director from the School District that this project has satisfied its obligation ti
school facilities.
This project shall comply with all conditions and mitigation measures which art
as part of the Zone 21 Local Facilities Management Plan and any amendmentl
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency
water and sewer services to the project provides written certification to the
adequate water service and sewer facilities, respectively, are available to the pro
time of the application for the building permit, and that water and sewer car
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of CDP 99-01 and is subj
conditions contained in Planning Commission Resolution No. 4611 for 1
approval.
11 PC RES0 NO. 4610 -3 -
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11. The Developer shall submit and obtain Planning Director approval of a Final 1
and Irrigation Plan showing conformance with the approved Preliminary Lands
and the City’s Landscape Manual. The Developer shall construct and
landscaping as shown on the approved Final Plans, and maintain all landsc:
healthy and thnving condition, free from weeds, trash, and debris.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursui
landscape plan check process on file in the Planning Department and accompan
project’s building, improvement, and grading plans.
13. . The Developer shall display a current Zoning and Land Use Map, or an a
suitable to the Planning Director, in the sales office at all times. All sales may
distributed or made available to the public shall include but not be limited to trl
and existing schools, parks and streets.
14. The developer shall post a sign in the sales office in a prominent location that
which special districts and school district provide service to the project. Said
remain posted until ALL of the units are sold.
15. Prior to the issuance of the building permits, Developer shall submit to the Cit;
of Restriction to be filed in the office of the County Recorder, subject to the sz
of the Planning Director, notifying all interested parties and successors in intere;
City of Carlsbad has issued a Site Development Plan and Coastal Developmel
by Resolutions No. 4610 and 4611 on the real property owned by the Develol
Notice of Restriction shall note the property description, location of the file CI
complete project details and all conditions of approval as well as any conc
restrictions specified for inclusion in the Notice of Restriction. The Planning Dir
the authority to execute and record an amendment to the notice which mc
terminates said notice upon a showing of good cause by the Developer or suc
interest.
16. Prior to issuance of building permits, the applicant shall demonstrate COI
with the requirements of the “Noise Analysis for Lohf Property, City of Cr
prepared by Mestre Greve Associates and dated May 11,1998. ~
17. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this Site Development Plan will expire unless ex
18. The applicant shall submit a plan indicating the construction and access pl
the Planning Director for approval prior to issuance of any building permit.
Code Reminders:
19. Approval of this request shall not excuse compliance with all applicable sectiol
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
11 PC RES0 NO. 4610 -4-
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3 dedications, reservations, or other exactions hereafter collectively referred to for conve~
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Codc
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure 1
follow that procedure will bar any subsequent legal action to attack, review, set aside,
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 bee
NOTICE similar to this, or as to which the statute of limitations has previously I
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 18th day of August, 199 I 16 /I following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Segall
NOES: Commissioners Trigas and Welshons
20 I1 ABSENT: Commissioner L’Heureux
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23 4 ” COURTNEY E. HEINEMAN, Chairperson
24 11 CARLSBAD PLANNING COMMISSION
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26 ATTEST:
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Planning Director
PC RES0 NO. 4610 -5-