HomeMy WebLinkAbout2003-12-17; Planning Commission; Resolution 55211
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PLANNING COMMISSION RESOLUTION NO. 5521
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ALLOW AN INCLUSIONARY SECOND DWELLING UNIT ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF CARLSBAD VILLAGE DRIVE AND HIGHLAND
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HIGHLAND DRIVE SUBDIVISION
APPROVAL OF SITE DEVELOPMENT PLAN SDP 03-08 TO
CASE NO.: SDP 03-08
WHEREAS, A & A Development, Inc., “Developer/Owner” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of Tract 121 of Carlsbad Highlands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1661, filed in the Office of the County
Recorder of San Diego County, March 1,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “I” dated December 17, 2003, on file in the Planning
Department, HIGHLAND DRIVE SUBDIVISION - SDP 03-08, as provided by Chapter
2 1.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of December 2003,
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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL OF HIGHLAND DRIVE
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SUBDIVISION - SDP 03-08, based on the following findings and subject to the
following conditions:
Findin PS :
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 project density of 3.2 dwelling unitdacre, including the
second dwelling unit, is in compliance with the density permitted by the RLM
General Plan designation and the single family subdivision is compatible with
surrounding single family development and consistent with the applicable R-1-
10,000 zoning. The project will not adversely impact the site as shown by the
conceptual design for a 3,055 square foot single-story residence with an attached 432
square foot second dwelling unit on a 11,543 square foot lot that complies with
zoning setback and coverage standards. The existing street system operates at
acceptable levels of service and is adequate to accommodate the minimal traffic
generated by the second dwelling unit.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 11,543 square foot lot size is adequate to accommodate the proposed single
family structure and second dwelling unit within the developable building footprint.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted hture uses in the neighborhood will be
provided and maintained, in that the second dwelling unit is attached to the main
residence so that it integrated entirely into the architectural design.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed unit would be adequately served
by a cul-de-sac street that will provide direct and exclusive access to seven lots via
Highland Drive.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of grading permit, whichever occurs first.
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.
PC RES0 NO. 5521 -2-
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2. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and CT 03-04 and is subject to
all conditions contained in Planning Commission Resolutions No. 5519 and 5520 for
those other approvals incorporated herein by reference.
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
“feedexac t ions .”
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 feedexactions
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 17th day of December 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. H~MIL~R
Planning Director
PC RES0 NO. 5521 -3-