HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4615t 0 0
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PLANNING COMMISSION RESOLUTION NO. 4615
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SECOND DWELLING UNITS ON PROPERTY GENERALLY
LOCATED AT THE NORTH END OF SEAVIEW WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: SEAVIEW 9-LOT SUBDIVISION
CASE NO.: SDP 98-24
DEVELOPMENT PLAN SDP 98-24 TO CONSTRUCT TWO
WHEREAS, MSK Management, Inc., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Hisashi HOI
Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, descn
A portion of Lot “J” of the Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Partition Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County, November 16,
1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Del
Plan as shown on Exhibit(s) “A, W, and X” dated October 20, 1999, on file in the
Department, SEAVIEW 9-LOT SUBDIVISION SDP 98-24 as provided by
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of Septemt
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
l and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the
Commission APPROVING SEAVIEW 9-LOT SUBDIVISION SD
based on the following findings and subject to the following conditions:
FindinPs:
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, surrou
traffic circulation, in that a) the proposed lots can easily accommodate the
second dwelling unit structures while providing all required front, side,
yard setbacks; b) the project complies with all City standards for lot confi
street widths, grading, and drainage for the development; c) the project is c
and compatible with the surrounding development in scale and design; a1
design of the second dwelling units is architecturally compatible with t
family residential structures and therefore, preserves the single family cha
the surrounding neighborhood.
2. That the site for the intended use is adequate in size and shape to accommodate i
that the proposed lots exceed the minimum lot size requirement for the zonc
easily accommodate the proposed second dwelling unit structures and a
parking space while providing all required front, side, and rear yard setb
the project complies with all City standards for lot configuration, stree
grading, and drainage.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessaq
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that the project design complies with all a
second dwelling unit requirements in addition to regulations for setbacks,
and other features of the R-1-10,000 zone.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the project design includes dedication 2
improvement requirements necessary to serve the development.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issu
building permit.
1. If any of the following conditions fail to occur; or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have th
revoke or modifL all approvals herein granted; deny or further condition issu
future building permits; deny, revoke or further condition all certificates of (
issued under the authority of approvals herein granted; institute and prosecute li
compel their compliance with said conditions or seek damages for their vi0
vested rights are gained by Developer or a successor in interest by the City’s a]
this Site Development Plan.
PC RES0 NO. 4615 -2-
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2. Staff is authorized and directed to make, or require the Developer to make, all c
and modifications to the Site Development Plan (SDP 98-24) documents, as
to make them internally consistent and in conformity with the final action on tl
Development shall occur substantially as shown on the approved Exhibits. Anq
development different from this approval, shall require an amendment to this ap
3. This approval is granted subject to the approval of the Mitigated Negative De
Mitigation Monitoring and Reporting Program, CT 98-21, and HDP 98-
subject to all conditions contained in Planning Commission Resolutions No.4.
and 4616 for those other approvals.
4. The Developer shall apply for and obtain from the Planning Director
Dwelling Unit Permit per Section 21.10.015 of the Carlsbad Municipal
each second dwelling unit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convt
“fees/exa~tions.~~
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Coo
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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 fees/exactions of which you have previously b
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
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PC RES0 NO. 4615 -3-
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I
e e
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of October, 19'
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L'Heur
Nielsen, Segall, and Trigas
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
" COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4615 -4-