HomeMy WebLinkAbout1999-12-14; City Council; Resolution 99-531w m
1 RESOLUTION NO. 99-531
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT
UNITS ON PROPERTY GENERALLY LOCATED NORTH OF
MAGNOLIA AVENUE AND WEST OF VALLEY STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1
CASE NAME: MAGNOLIA GARDENS
CASE NO.: SDP 98-22
PLAN SDP 98-22 TO CONSTRUCT TWO SECOND DWELLING
7 WHEREAS, Pacific Scene Financial, LLC, “Developer”, has filed a ve
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“Owner”, described as 9
application with the City of Carlsbad regarding property owned by Gloria Aguilera ‘2
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That portion of Tract 245 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of San
Diego County, December 9,1915
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WHEREAS, the City Council did, on the 14th day of December, 1999, hold a 18
21 .OG/Section 21 53.1 20 of the Carlsbad Municipal Code; and l7
Planning Department, MAGNOLIA GARDENS - SDP 98-22 as provided by Ch 16
Development Plan as shown on Exhibits “A’ - “J” dated December 14, 1999, on file iI 15
WHEREAS, said verified application constitutes a request for a 14
(“the Property”); and
noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Council considered all fa
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the City COL
APPROVES MAGNOLIA GARDENS - SDP 98-22 based on the follov
findings and subject to the following conditions:
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Findinqs:
1. That the requested use is properly related to the site, surroundings and environrr
settings, is consistent with the various elements and objectives of the General Plal
not be detrimental to existing uses or to uses specifically permitted in the area in \
the proposed use is to be located, and will not adversely impact the site, surroundir
traffic circulation, in that: a) the proposed lots can easily accommodate the pro1
structures while providing all required front, side, and rear yard setbacks; b) the p
complies with all City standards for lot configuration, street widths, grading and drai
for the development; c) the project is consistent and compatible with the surrout
development in scale and design; and d) the project design preserves the single f'
character of the surrounding neighborhood.
2. That the site for the intended use is adequate in size and shape to accommodatl
use, in that the proposed lots all exceed the minimum lot size requirements for the
and can easily accommodate the proposed structures while providing all required
side and rear yard setbacks, and the project design complies with all City standarc
lot configuration, street width, grading and drainage.
3. That all yards, setbacks, walls, fences, landscaping, and other features necess;
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the project design complies with all applicable se
dwelling unit requirements in addition to regulations for setbacks, parking and I
features of the R-I Zone.
4. That the street systems serving the proposed use is adequate to properly hand
traffic generated by the proposed use, in that the project design includes dedicatior
street improvement requirements necessary to serve the development.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance
building permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the rig'
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of OCCUP~
issued under the authority of approvals herein granted; institute and prosecute litig;
to compel their compliance with said conditions or seek damages for their violatior
vested rights are gained by Developer or a successor in interest by the City's appi
of this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make
corrections and modifications to the Site Development Plan documents, as necessa
make them internally consistent and in conformity with the final action on the pro
Development shall occur substantially as shown on the approved Exhibits.
proposed development different from this approval, shall require an amendment to
approval.
3. The Developer shall comply with all applicable provisions of federal, state, and 1
ordinances in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this PI
are challenged, this approval shall be suspended as provided in Government
Section 66020. If any such condition is determined to be invalid this approval Shi
invalid unless the City Council determines that the project without the condition con
with all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defenc
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
and representatives, from and against any and all liabilities, losses, damages, dem;
claims and costs, including court costs and attorney’s fees incurred by the City ari
directly or indirectly, from (a) City’s approval and issuance of this Site Develop
Plan, (b) City’s approval or issuance of any permit or action, whether discretiona
non-discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted hereby, inch
without limitation, any and all liabilities arising from the emission by the facili
electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Director a reproducible 24 x 36”, mylar
of the Site Plan reflecting the conditions approved by the final decision making bod)
7. Prior to the issuance of a building permit, the Developer shall provide proof tc
Director from the School District that this project has satisfied its obligation to prc
school facilities.
8. This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 1 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits, including, but not limited tt
following:
9. Building permits will not be issued for this project unless the local agency prov
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the proje
the time of the application for the building permit, and that water and sewer capacity
facilities will continue to be available until the time of occupancy.
IO. This approval is granted subject to the approval of CT 98-12 and the Magnolia Gar1
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program a1
subject to all conditions contained in the Resolutions for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedicat
reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexaction:
you protest them, you must follow the protest procedure set forth in Government Code Sec
66020(a), and file the protest and any other required information with the City Manage
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tit
follow that procedure will bar any subsequent legal action to attack, review, set aside, voic
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexacl
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planr I -3- 4
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zoning, grading or other similar application processing or service fees in connection witt
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi1
NOTICE similar to this, or as to which the statute of limitations has previously otherwise exy:
“NOTICE TO APPLICANT
“The time within which judicial review of this decision must be sought is governc
Code of Civil Procedure, Section 1094.6, which has been made applicable in the C
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking jul
review must be filed in the appropriate court no later than the ninetieth day following the da.
which this decision becomes final; however, if within ten days after the decision becomes fi
request for the record of proceedings accompanied by the required deposit in an am
sufficient to cover the estimated cost of preparation of such record, the time within which
petition may be filed in court is extended to not latter than the thirtieth day following the da
which the record is either personally delivered or mailed to the party, or his attorney of recc
he has one. A written request for the preparation of the record of the proceedings shall be
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 9200
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cc
of the City of Carlsbad, California, held on the 14th day of December 1999, by the following
to wit:
AYES: Council Members Hall, Finnila, Kulchin
NOES: None
ABSENT: Council Members Lewis, Nygaard
~-~ CLAUDE A.-EWIS Mk~y&~ r” - ”
ATTEST:
TwUT@J?kANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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