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HomeMy WebLinkAbout2002-10-16; Planning Commission; Resolution 52981 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 PLANNING COMMISSION RESOLUTION NO. 5298 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE ALLOW THE ADDITION OF 14 ACCESSORY STORAGE CLOSETS WITHIN AN APPROVED BUILDING AND A RETAINING WALL ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PIRINEOS WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: PIRINEOS POINTE CASE NO.: SDP 00- 16(A) WHEREAS, Pirineos Pointe, LLC, “Developer”/”Owner” has filed a verified DEVELOPMENT PLAN AMENDMENT, SDP 00-16(A) TO application with the City of Carlsbad regarding property described as Parcel 1 of Parcel Map 4548 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, March 16,1976 as file No. 76- 076420 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibits “A” - “D” dated October 16, 2002, on file in the Planning Department, PIRINEOS POINTE - SDP 00-16(A) as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of October, 2002, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment. WHEREAS, on October 16, 2001, the City Council approved, SDP 00-16, as described and conditioned in City Council Resolution No. 2001-316. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES PIRINEOS POINTE - SDP 00-16(A) based on the following findings and subject to the following conditions: Findinw: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed storage closets are accessory to the apartment units and are entirely enclosed within an approved two-story building. As such, the storage closets would not increase the density or intensity of the approved development. The removal of retaininghestraining walls and addition of a retaining wall will not adversely impact the surrounding property in that the additional wall will only be visible from the interior of the project with the exception of a 42-inch iron safety railing required above the retaining wall. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the storage closets would not increase the density or intensity of the approved development. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the elimination of retainingkestraining foundation walls and addition of a retaining wall along the western property line to enable a sidewalk will improve pedestrian circulation within the project. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the addition of accessory storage closets will not impact the street system. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. PC RES0 NO. 5298 -2- 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 2. 3. 4. 5. 6. 7. 8. 9. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar copy of the Site Plan Amendment reflecting the conditions approved by the final decision making body. This approval is subject to all conditions contained in Planning Commission Resolutions No. 5008 for SDP 00-16. The storage units and/or garages shall be for the exclusive use of residents of Pirineos Pointe and shall not be leased to any person not residing at Pirineos Pointe. A 42-inch safety rail that shall be an open iron rail design shall be installed along the retaining wall adjacent to the Clubhouse building. The safety rail shall be painted to match the adjacent structure and maintained at all times to ensure safety and compatibility with surrounding development. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” PC RES0 NO. 5298 -3- 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 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th, day of October, 2002, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Trigas, White, and Whitton NOES: None ABSENT: None ABSTAIN: None SEENA TFUGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZmLER Planning Director PC RES0 NO. 5298 -4-