HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59411
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PLANNING COMMISSION RESOLUTION NO. 5941
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PLANNING COMMISSION DETERMINATION TO ALLOW
TWO PANHANDLE LOTS AS PART OF A FOUR LOT MINOR
SUBDIVISION ON 1.1 ACRES LOCATED ON THE NORTH
SIDE OF OAK AVENUE, EAST OF PI0 PIC0 DFWE, IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: 1212 OAK AVENUE
CASE NO.: PCD 05-02
WHEREAS, Gene and Kim Busby, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
All that portion of tract 119 of Carlsbad Lands, 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 and all those
portions of Lot 25 to 32 inclusive in block 86 of the Town of
Carlsbad, according to Map thereof no. 535, filed in the office
of the County Recorder of San Diego County, May 2,1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planning
Commission Determination as shown on Exhibit “A” dated July 20, 2005, on file in the
Planning Department, 1212 OAK AVENUE - PCD 05-02; and
WHEREAS, the Planning Commission did, on the 20th day of July, 2005, 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 persons desiring to be heard, said Commission considered all factors
relating to the Planning Commission Determination.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 Commission
APPROVES 1212 OAK AVENUE - PCD 05-02, based on the following
findings and subject to the following conditions:
Findinm:
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That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the two panhandle lots have been designed to
comply with all applicable zoning ordinances.
The Subdivision with a panhandle lot will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block, in that the two
proposed panhandle lots will take access from a shared 132-foot access driveway.
That the buildable portion of the lots consists of at least 7,500 square feet for non-
panhandle lots and 10,000 square feet for panhandle lots, which meets the
requirements of Section 21.1 O.OSO(c) of the Carlsbad Municipal Code.
That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
subdivision design is consistent with R-1 zoning regulations which permit the
creation of two panhandle lots subject to approval of the Planning Commission.
The project is consistent with the Residential Medium Density General Plan land
use designation (RM), in that the residential subdivision will create four lots on a
1.1-acre site resulting in a development at 3.6 dwelling units per acre.
The proposed project will not result in adverse environmental impacts, and it has been
found to be exempt from the California Environmental Quality Act per Section 15315,
which specifically exempts division of property in urbanized areas zoned for residential.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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, 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; record a notice of violation on the
PC RES0 NO. 5941 -2-
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property title; 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 Planning Commission
Determination.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planning Commission Determination 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, fkom (a) City’s approval and issuance of this Planning Commission
Determination, (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 Director a reproducible 24” x 36” mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
PC RES0 NO. 5941 -3-
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This approval is granted subject to the approval of MS 04-01 and is subject to all
conditions contained in the City Engineer approval letter for those other approvals
incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Planning Commission Determination documents necessary to
make them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifjring all interested parties and successors in interest that the
City of Carlsbad has issued a Planning Commission Determination by Resolution No.
5941 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
PC RES0 NO. 5941 -4-
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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.yy
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 20th day of July 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery,
and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN: 3 JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
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