HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46641
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PLANNING COMMISSION RESOLUTION NO. 4664
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARISBAD, CALIFORNIA, APPROVING SITE
SECOND DWELLING UNITS ON PROPERTY GENERALLY
LOCATED AT THE SOUTHERN TERMINUS OF JAMES
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JAMES CANYON ESTATES
CASE NO.: SDP 99-09
WHEREAS, Hall Investment, Inc., “Developer”, has filed a verified applicatic
DEVELOPMENT PLAN SDP 99-09 TO ALLOW TWO
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9 with the City of Carlsbad regarding property owned by Alex J. Santos, Ltd., “Owner
10 described as
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Lot 16 and 17 and a portion of Lot 18 in Block “G” of
Bellavista, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 2152, recorded March 7,
1929 in the office of the County Recorder.
14 11 I/ (“the Property”); and 15
16 WHEREAS, said verified application constitutes a request for a Site Developme
17 Plan as shown on Exhibit(s) “A” - “N” dated November 17, 1999, on file in the Carlsb
18 Planning Department, JAMES CANYON ESTATES - SDP 99-09, as provided by Chap1
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21.06/Section 21.53.120 ofthe Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November, 199
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hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimol
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all facta
25 relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
27 Commission of the City of Carlsbad as follows:
28 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 Plannil
Commission APPROVES JAMES CANYON ESTATES - SDP 99-09, bas
on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmeI
settings, is consistent with the various elements and objectives of the General Plan, 1
not be detrimental to existing uses or to uses specifically permitted in the area in wh
the proposed use is to be located, and will not adversely impact the site, surroundings
traffic circulation, in that the provision of second dwelling units to satisfy the projec
inclusionary housing requirement is consistent with the Housing Element and 1
attached second dwelling units conform to all second dwelling unit developmc
standards required by Section 21.10.015 of the Carlsbad Municipal Code there
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I ensuring compatibility with the surrounding neighborhood.
10 2. That the site for the intended use is adequate in size and shape to accommodate the use,
11 that the attached second dwelling units will be within the buildable portion of the 1
12 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adj
provided and maintained, in that the second dwelling units would be integrated iI 13 the requested use to existing or permitted future uses in the neighborhood will
14 the main structure with separate stairway access and off-street parking.
15 4. That the street systems serving the proposed use is adequate to properly handle all traf
generated by the proposed use, in that the project is conditioned to construct :
16 necessary public street improvements to accommodate the lots proposed for S~COI
dwelling units. 17
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
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1. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting, CT 98-20, HDP 98-22, and CDP 98-
and is subject to all conditions contained in Planning Commission Resolutions P
4662,4663,4665, and 4666 dated November 17,1999.
2. Prior to the issuance of building permits for any units within the project, tl
Developer shall apply for and obtain from the Planning Director a Second Dwelli~
Unit Permit per Section 21.10.015 of the Carlsbad Municipal Code for each secol
dwelling unit.
NOTICE
27 Please take NOTICE that approval of your project includes the “imposition” of fet
“fees/exactions.” 28 dedications, reservations, or other exactions hereafter collectively referred to for convenience
PC RES0 NO. 4664 -2-
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You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secr
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void:
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactii
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi.
a NOTICE similar to this, or as to which the statute of limitations has previously otherm
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the plann
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the following vote, to wit: l2
Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
13 II AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
14 11 Nielsen, Segall, and Trigas
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NOES: Commissioner Welshons
ABSENT:
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ABSTAIN:
CARLSBAD PLANNING COMMISSION
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PC RES0 NO. 4664 .3 -