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HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67651 PLANNING COMMISSION RESOLUTION NO. 6765 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION PCD 10-02 TO 4 SUBDIVIDE ONE PARCEL, 0.82 ACRES IN SIZE, INTO 5 THREE SINGLE-FAMILY LOTS, INCLUDING TWO ADJOINING PANHANDLE LOTS, GENERALLY LOCATED 6 ON THE SOUTH SIDE OF MAGNOLIA AVENUE, EAST OF YVETTE WAY AND WEST OF HIGHLAND DRIVE, WITHIN 7 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8 1. 9 CASE NAME: 1369 MAGNOLIA AVENUE PARCEL MAP CASE NO: PCD 10-02 10 WHEREAS, Santa Rita Investment Company, "Developer" and "Owner" has , 2 filed a verified application with the City of Carlsbad regarding property described as 13 That portion of Tract 241 of the Thum lands, in the City of Carlsbad, County of San Diego, State of California, according 14 to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915, 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planning 1 J?Commission Determination as shown on Exhibits "A" - "J" dated March 16, 2011, on file in 19 the Planning Department, 1369 MAGNOLIA AVENUE PARCEL MAP, and Chapter 21.10 of 20 the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did on March 16, 2011, consider said 23 request; and 24 . WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Planning Commission Determination; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 1369 MAGNOLIA AVENUE PARCEL MAP - PCD 10-02 based on the following findings and subject to the following conditions:4 c 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 due to the narrow configuration (120.54' 8 wide) and considerable depth (288.59') of the existing lot and the fact that it is surrounded by existing subdivided and developed properties, the subdivision of the 9 property into three lots, as the General Plan allows, is feasible only if two panhandle lots are proposed. 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 12 "stem" and 20-foot-wide shared driveway/private road easement portion of each lot is within the boundaries of the subject property and extends completely to Magnolia 13 Avenue as required by Section 21.10.100 of the Carlsbad Municipal Code. In addition, the proposed panhandle lots do not include access easements that are 1 located on adjacent properties and all adjacent properties currently have direct , e access to a public street. 16 3. That the buildable portion of each panhandle lot consists of a minimum of 8,000 square feet, which meets the requirements of Section 21.10.100.D (1) of the Carlsbad Municipal 17 Code. 1° 4. That the front, side, and rear property lines of the buildable lot, for purposes of , o determining required yards, are as shown on Exhibit "A." 20 5. That the project's panhandle lots comply with all requirements of Section 21.08.080 of the Carlsbad Municipal Code in that the lots, as demonstrated on the project exhibits, 21 meet all development, dimensional, and area standards, and have sufficient area to meet requirements regarding adequate parking and vehicle maneuvering, drainage, driveway width, and lot frontage. 23 6. That the Planning Director has determined that the project belongs to a class of projects 24 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15315, Minor Land 26 Divisions, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA 27 Guidelines do not apply to this project. 28 7. 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 PC RESO NO. 6765 -2- to mitigate impacts caused by or reasonably related to this project, and the extent and the 2 degree of exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of r the Final Map. 6 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 7 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 9 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 10 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. 12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 13 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. 14 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 17 4. If any conditions for the 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 jg 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 20 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 21 5. 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 23 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 24 or indirectly, from (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 nondiscretionary, in connection with the use contemplated herein, and 25 (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 27 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 2° approval is not validated. PC RESO NO. 6765 -3- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 4 format. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 6 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7 9. 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 9 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 10 facilities will continue to be available until the time of occupancy. 11 10. This approval is granted for PCD 10-02 as shown on Exhibits "A" -"J" dated March 16, 12 2011, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these 13 conditions. 14 11. This approval is granted subject to the approval of CDP 10-28 and is subject to all , 5 conditions contained in Resolution No. 6766 for that other approval incorporated herein by reference and the approval letter for MS 10-04 signed by the City of Carlsbad City 16 Engineer. 17 10. 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. 19 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 20 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 22 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 23 approval will not be consistent with the General Plan and shall become void. 24 12. Prior to recordation of the Final Map, Developer shall submit to the City a Notice of „- Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 26 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planning Commission Determination and Coastal Development 27 Permit by Resolutions No. 6765 and 6766 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 PC RESO NO. 6765 -4- 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 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. 13. Future structures permitted in the access portion of the lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates for mailboxes, the structures shall not be greater than forty-two inches in . Except height if located within twenty feet of the street property line or greater than six feet in height beyond this point. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann NOES: ABSENT: ABSTAIN: /— \ tr^BM^—-^-^ —STEPTrE^sS;AP''l5StJREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: C\ yfkL /L DON NEU Planning Director PC RESO NO. 6765 -5-