HomeMy WebLinkAbout1999-10-20; Planning Commission; Resolution 4647h 0 0
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PLANNING COMMISSION RESOLUTION NO. 4647
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW TWO SECOND DWELLING UNITS ON SINGLE
FAMILY LOTS ON PROPERTY GENERALLY LOCATED AT
THE CORNER OF PARK DRIVE AND MONROE STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD PARK ESTATES
CASE NO.: SDP 98-05(A)
WHEREAS, Carlsbad Estates, LLC, “Devel~per~~/”Owner”, has filed E
DEVELOPMENT PLAN AMENDMENT SDP 98-05(A) TO
application with the City of Carlsbad regarding property described as
Lots 1 through 14 of Carlsbad Tract Map CT 97-24, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 13784 filed in the office of the
County Recorder of San Diego County, May 20,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Devc
Plan Amendment as shown on Exhibit(s) “A” - “Q” dated October 20, 1999, on fi:
Planning Department, CAlUSBAD PARK ESTATES, SDP 98-05(A), as provided by
21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of Octobe
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan Amendment.
I WHEREAS, on September 8, 1998, the City Council denied the app i
~ upheld Planning Commission approval of SDP 98-05, as described and conditil
I
~ Planning Commission Resolution No. 4328.
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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.
B) That based on the evidence presented at the public hearing, the I
Commission APPROVES CARLSBAD PARK ESTATES, SDP 9t
based on the following findings and subject to the following conditions:
Findinm:
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, surrour
traffic circulation, in that the provision of second dwelling units to satisfy the 1
inclusionary housing requirement is consistent with the Housing Element,
second dwelling units that are affordable to lower income households I
payment of a .47 affordable housing credit is consistent with the approv
Subdivision Affordable Housing Agreement, and the attached second dwelli
conform to all second dwelling unit development standards required by
21.10.015 of the Carlsbad Municipal Code thereby ensuring compatibility 1
surrounding neighborhood.
2. That the site for the intended use is adequate in size and shape to accommodate th
that the attached second dwelling units will be within the buildable portion oj
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 integral
the main structure with separate stairway access and off-street parking.
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 improven
accommodate the lots proposed for second dwelling units have been construc
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 1
permit issuance.
1. This approval is granted subject to the approval of the Mitigated Negative Decl
and Mitigation Monitoring and Reporting Program and CDP 97-58(A) and is
to all conditions contained in Planning Commission Resolution 4646 and 4
those other approvals and Planning Commission Resolution 4327 and 4328 for C
and SDP 98-05 except as modified herein.
PC RES0 NO. 4647 -2-
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I
2. Prior to the issuance of building permits for any unit within the project, the 1
shall apply for and obtain from the Planning Director a Second Dwelling Unit P
Section 21.10.015 of the Carlsbad Municipal Code for each second dwelling unil
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Cod1
66020(a), and file the protest and any other required information with the City Mal
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
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 1
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 c
expired.
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11 PC RES0 NO. 4647 -3-
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a 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 20th day of October, 195
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, and Trigas
NOES: Commissioner Segall
ABSENT: Commissioner Welshons
ABSTAlN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4647 -4-