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Home My WebLink About1999-12-15; Planning Commission; Resolution 4687Q 1 2 3 4 5 6 7 0 0 PLANNING COMMISSION RESOLUTION NO. 4687 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DWELLING UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 2. CASE NAME: SPYGLASS I1 CASE NO. : SDP 99-04 DEVELOPMENT PLAN SDP 99-04 TO ALLOW THREE SECOND 8 II WHEREAS, Landis Industries, Inc., “Developer”, has filed a verij 9 10 11 12 13 14 15 application with the City of Carlsbad regarding property owned by Horace and Dolph Felkins Trust, “Owner”, described as That certain portion of Lot J, Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof, No. 823 on file in the Office of the County Recorder of said County, and described in Deed to Wayne Willard Connor, recorded June 21, 1957 as Document No. 92974 in Book 6632, page 183 of official records of said County l6 // (“the Property”); and 17 11 WHEREAS, said verified application constitutes a request for a Site Developn- 18 19 Plan as shown on Exhibit(s) “A” - “S” dated December 15, 1999, on file in the Plm 2o I1 Department, SPYGLASS 11, SDP 99-04, as provided by Chapter 21.06/Section 21.53.12( 21 the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 15th day of December, 15 23 /1 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm WHEREAS, at said public hearing, upon hearing and considering all testim and arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating to the Site Development Plan. Commission of the City of Carlsbad as follows: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , I1 0 0 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planni Commission APPROVES SPYGLASS 11, SDP 99-04 based on the followj findings and subject to the following conditions: Findinm: 1. That the requested use is properly related to the site, surroundings and environme settings, is consistent with the various elements and objectives of the General Plan, not be detrimental to existing uses or to uses specifically permitted in the area in wl the proposed use is to be located, and will not adversely impact the site, surrounding traffic circulation, in that the provision of second dwelling units to satisfy the proje inclusionary housing requirement is consistent with the Housing Element and attached second dwelling units conform to all second dwelling unit developn: standards required by Section 21.10.015 of the Carlsbad Municipal Code ther ensuring compatibility with the surrounding neighborhood. 2. That the site for the intended use is adequate in size and shape to accommodate the us< that the attached second dwelling units will be within the buildable portion of the 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to ad the requested use to existing or permitted future uses in the neighborhood will provided and maintained, in that the second dwelling units would be integrated i the main structure with separate entrance and off-street parking. 4. That the street systems serving the proposed use is adequate to properly handle all tra generated by the proposed use, in that the project is conditioned to construct necessary public street improvements to accommodate the lots proposed for secc dwelling units. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 1. If any of the following conditions fail to occur; or if they are, by their terms, tc implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the righ revoke or modify all approvals herein granted; deny or further condition issuance o future building permits; deny, revoke or further condition all certificates of occup; issued under the authority of approvals herein granted; institute and prosecute litigatio compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approv; this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all correct and modifications to the Site Development Plan documents, as necessary to make tl internally consistent and in conformity with the final action on the project. Developn shall occur substantially as shown on the approved Exhibits. Any proposed developn different from this approval, shall require an amendment to this approval. PC RES0 NO. 4687 -2- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. Developer shall comply with all applicable provisions of federal, state, and 1c ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payn of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro are challenged, this approval shall be suspended as provided in Government Code Sec 66020. If any such condition is determined to be invalid this approval shall be inv unless the City Council determines that the project without the condition complies 1 all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and 1 harmless the City of Carlsbad, its Council members, officers, employees, agents, representatives, from and against any and all liabilities, losses, damages, demands, cla and costs, including court costs and attorney’s fees incurred by the City arising, dire or indirectly, from (a) City’s approval and issuance of this Site Development Plan, City’s approval or issuance of any permit or action, whether discretionary or r discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted her( including without limitation, any and all liabilities arising from the emission by facility of electromagnetic fields or other energy waves or emissions. 6. This approval is granted subject to the approval of the Mitigated Negative Declarai and Mitigation Monitoring and Reporting Program, CT 99-08, SUP 99-04, and H 99-07 and is subject to all conditions contained in Planning Commission Resoluti No. 4685,4686,4688, and 4689 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” of f dedications, reservations, or other exactions hereafter collectively referred to for conveniencl “fees/exactions.” 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 Sec 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 tin 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 feedexact DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann zoning, grading or other similar application processing or service fees in connection with project; NOR DOES IT APPLY to any fees/exactions of which you have previously been g: a NOTICE similar to this, or as to which the statute of limitations has previously othen expired. PC RES0 NO. 4687 -3- b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e PASSED, APPROVED AND ADOPTED at a regular meeting of the plann Commission of the City of Carlsbad, California, held on the 15th day of December, 1999, by following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HENEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMI~LER Planning Director PC RES0 NO. 4687 -4-