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HomeMy WebLinkAbout2006-12-06; Planning Commission; Resolution 62111 PLANNING COMMISSION RESOLUTION NO. 6211 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION TO ALLOW 4 TWO PANHANDLE LOTS AS PART OF A THREE-LOT 5 SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 1.1-ACRE VACANT PROPERTY GENERALLY LOCATED 6 ' BETWEEN EUCALYPTUS LANE AND EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: CHEHADE MINOR SUBDIVISION CASE NO: PCD 05-038 9 WHEREAS, Khaled Chehade, Trustee, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Khaled Chehade Family 1! Trust, "Owner," described as 12 A portion of Lot I of Rancho Agua Hedionda, in the City of 13 Carlsbad, County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the County 14 Recorder of San Diego County, November 16,1896. Also being Parcel B of City of Carlsbad Certificate of 16 Compliance for Adjustment Plat No. 03-17, recorded January 21,2005, as Doc. No. 2005-0054768 17 ("the Property"); and 1 o JQ WHEREAS, said verified application constitutes a request for a Planning 20 Commission Determination as shown on Exhibits "A" - "G" dated December 6,2006, on file in 2! the Planning Department, CHEHADE MINOR SUBDIVISION - PCD 05-03; and 22 WHEREAS, the Planning Commission did on the 6th day of December, 2006, 23 consider said request; and 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 26 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Planning Commission Determination. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the hearing, the Commission APPROVES 3 CHEHADE MINOR SUBDIVISION - PCD 05-03, based on the following findings and subject to the following conditions: 4 5 Findings: 6 1. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land 7 development, or lot configuration, in that because of the property's narrow „ configuration, its subdivision into three lots, as the property's General Plan designation allows, is possible only with two panhandle lots. Furthermore, property 9 access to the site is allowed only from Eucalyptus Lane as El Camino Real is a Prime Arterial. 10 2. That the project's panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block, in that the "stem" or 12 driveway portion of each panhandle lot is within the boundaries of the subject property and extends completely to Eucalyptus Lane as required by Section 13 21.08.080 of the Carlsbad Municipal Code. Accordingly, the project does not propose to cross other properties by easement or other means to gain public street 14 access to the buildable portion of each panhandle lot. 3. That the project's panhandle lots comply with all requirements of Section 21.08.080 of the 16 Carlsbad Municipal Code in that the lots, as demonstrated on the project exhibits, meet all development, dimensional, and area standards and have sufficient area to meet 17 requirements regarding adequate parking and vehicle maneuvering space, driveway width, and buildable area. Further, project exhibits acceptably show the locations of required front, side, and rear setbacks. 19 Conditions; 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the parcel map. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 24 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 26 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 27 or a successor in interest by the City's approval of this Planning Commission Determination.28 PCRESONO. 6211 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 c 3. 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 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 9 4. 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 10 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 Planning Commission 12 Determination, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 facility of electromagnetic fields or other energy waves or emissions. This obligation 1. survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 16 5. Developer shall implement, or cause the implementation of, the Chehade Minor 17 Subdivision - SUP 05-12/CDP 05-49/HDP 05-10/PCD 05-03/MS 05-10 Project Mitigation Monitoring and Reporting Program.18 19 6. This approval is granted subject to the approval of SUP 05-12, CDP 05-49 and HDP 05-10, and is subject to all conditions contained in Planning Commission 20 Resolutions No. 6208, 6209, and 6210 for those other approvals incorporated herein by reference and the approval of the Engineering Department for MS 05-10. 7. No fence or wall shall be constructed between the driveways of parcels 2 and 3 as measured from the Eucalyptus Lane right-of-way to the beginning of the buildable 23 area of parcel 2. As an alternative to complying with this requirement, the Developer may choose to combine the separate driveways of parcels 2 and 3 into a 24 single, shared driveway that meets the requirements of Zoning Ordinance Section 21.08.080 D. Should the Developer propose a single, shared driveway, plans shall be 5 revised as necessary and shall be subject to the approval of the City Engineer and 26 the Planning Director prior to approval of the parcel map. 27 28 PCRESONO. 6211 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of December, 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: MARTELL B. MON| CARLSBAD PLANNING CO! ATTEST: DON NEU Assistant Planning Director hairperson ISSION PCRESONO. 6211 -4-