HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 47031
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PLANNING COMMISSION RESOLUTION NO. 4703
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, APPROVING SITE
FAMILY HOMES WITHIN THE STEINER PROPERTY
SUBDIVISION ON PROPERTY GENERALLY LOCATED
NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL
AND EAST OF FUTURE SKIMMER COURT IN LOCAL
FACILITIES MANAGEMENT ZONE 2 1.
CASE NAME: STEINER PROPERTY
CASE NO.: SDP 99-10
DEVELOPMENT PLAN SDP 99-10 TO CONSTRUCT 9 SINGLE
9 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limil
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Liability Company, “Developer”, has filed a verified application with the City of Carlst
regarding property owned by Joseph and Marian Steiner and Western Pacific Housing
l2 /1 Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as
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Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in
the Office of the County Recorder of San Diego County on
January 10, 1974 as File No. 74-007317 of official records
together with Lot 74 and Portion of Lots 67 and 68 of City of
Carlsbad Tract 97-15, according to map thereof No. 13839, all
in the City of Carlsbad, County of San Diego, State of
California.
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19 (“the Property”); and
20 WHEREAS, said verified application constitutes a request for a Site Developmi
21 Plans shown on Exhibit(s) “A”-‘V’ dated January 5, 2000, on file in the Planning Departme
22 STEINER PROPERTY, SDP 99-10, as provided by Chapter 21.06 of the Carlsbad Munici
23 Code; and
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WHEREAS, the Planning Commission did, on the 5th day of January, 201
hold a duly noticed public hearing as prescribed by law to consider said request; and
27 I/ WHEREAS, at said public hearing, upon hearing and considering all testimc
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1
relating to the Site Development.
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1 (I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
2 I/ 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 Plannir
Commission APPROVES STEINER PROPERTY, SDP 99-10 based on tl
following findings and subject to the following conditions:
7 11 Findinw:
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1. That the requested use is properly related to the site, surroundings and environmer
settings, is consistent with the various elements and objectives of the General Plan, v
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 adjacent single family subdivision is developed at I
same density as proposed for the Steiner property; all necessary public streets a
utilities have been, or will be dedicated and improved, prior to occupancy of a
units; no conflicts with existing easements will result from the development, and
encroachments into sensitive habitat are proposed.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that all of the proposed homes comply with all R-1 development standards and
within the existing lot lines and property boundaries proposed.
3.
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That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjl
the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that the proposed Site Development Plan complies wi
all development standards for single family development and a uniform fencing pl:
is proposed which will match the adjacent subdivision.
That the street systems serving the proposed use is adequate to properly handle all trafl
generated by the proposed use, in that access will be provided by Skimmer Court,
local street, designed to accommodate the 190 ADT proposed by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to 1
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 right
revoke or modify all approvals herein granted; deny or further condition issuance of i
future building permits; deny, revoke or further condition all certificates of occupanl
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. P
vested rights are gained by Developer or a successor in interest by the City’s approval
this Site Development Plan.
PC RES0 NO. 4703 -2-
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2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Site Development Plan documents, as necessary to make th
internally consistent and in conformity with the final action on the project. Developm
shall occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of the Mitigated Negative Declarati
and Mitigation Monitoring and Reporting Program, LCPA 99-05, ZC 99-06, CT !
13, HDP 99-12, and CDP 99-26. SDP 99-10 is subject to all conditions contained
Resolutions 4699,4700,4701,4702,4704, and 4705.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“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 Secti
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 timl
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 feedexactic
~ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
1 zoning, grading or other similar application processing or service fees in connection with t:
project; NOR DOES IT APPLY to any feedexactions of which you have previously been git
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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PC RES0 NO. 4703 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plannl
Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L'Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
PC RES0 NO. 4703 -4-