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HomeMy WebLinkAbout1998-12-02; Planning Commission; Resolution 44330 0 1 // PLANNING COMMISSION RESOLUTION NO. 4433 2 3 4 5 6 7 8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DEVELOPMENT OF AN 11 UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ROMERIA STREET BETWEEN LA COSTA AVENUE AND GIBRALTER STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: MEADOW VIEW TOWNHOMES CASE NO.: CP 98-06 PLANNED DEVELOPMENT PERMIT CP 98-06 TO ALLOW 9 WHEREAS, Shiu-Kuen Fan, “ Developer”, has filed a verified applical 10 the City of Carlsbad regarding property owned by Shiu-Kuen Fan, “Owner”, described 11 12 13 Lots 387 and 388 of La Costa South Unit 5, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6600 filed in the office of the County Recorder of San Diego County, March 10,1970. l4 11 (“the Property”); and 15 11 WHEREAS, said verified application constitutes a request for a Condc 16 17 18 19 the Carlsbad Municipal Code; and Permit as shown on Exhibit(s) “A” - “F” dated December 2, 1998, on file in the 1 Department, MEADOW VIEW TOWNHOMES, CP 98-06, as provided by Chapter 20 WHEREAS, the Planning Commission did, on the 2nd day of Decembc 21 11 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 I1 WHEREAS, at said public hearing, upon hearing and considering all te 23 24 25 26 28 Commission of the City of Carlsbad as follows: 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 and arguments, if any, of persons desiring to be heard, said Commission considered a1 relating to the Condominium Permit. A) That the foregoing recitations are true and correct. 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 a 0 B) That based on the evidence presented at the public hearing, the Co APPROVES MEADOW VIEW TOWNHOMES - CP 98-06, base following findings and subject to the following conditions: Findinps: 1. All findings of Resolution No. 4434 for CT 98-08 are incorporated hl reference. 2. That the granting of this permit will not adversely affect and will be consis Chapter 21.45 of Title 21, the General Plan and all adopted plans of the City ; governmental agencies, in that the multi-family project is consistent 1 Residential High (RH) density land use designation and RD-M zoning compliance with all applicable development standards and design criteria. 3. That the proposed use at the particular location is necessary and desirable to 1 service or facility which will contribute to the long-term general well-bein neighborhood and the community, in that the multi-family project provides density residential land use and is consistent with existing developmen surrounding community. 4. That such use will not be detrimental to the health, safety, or general welfare 0: residing or working in the vicinity, or injurious to property or improvemen vicinity, in that the project is conditioned to conform to all design and deve standards required by the Carlsbad Municipal Code. 5. That the proposed project’s design and density of the developed portion of tl compatible with surrounding development and does not create a disharmo disruptive element to the neighborhood, in that the project design is consistr surrounding multiple family development, and the proposed density of 11 ( unitdacre is within the Residential High (RH) density range and does not ex’ Growth Management control point. 6. That the project’s circulation system is designed to be efficient and well integra the project and does not dominate the project, in that two separate driveways direct access to 11 individual garages and guest parking spaces and pel circulation that is delineated by enhanced paving. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the Condominium Permit document(s), necessary to mi internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve different fi-om this approval, shall require an amendment to this approval.. 2. Approval of CP 98-06 is granted subject to the approval of CT 98-08. CP ! subject to all conditions contained in Resolution No. 4434 for CT 98-08. ~ PC RES0 NO. 4433 -2- 0 * 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 NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convc “fees/exactions.” You have 90 days from December 2, 1998 to protest imposition of these feedexaction protest them, you must follow the protest procedure set forth in Government Cod1 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/( DOES NOT APPLY to water and sewer connection fees and capacity charges, nor ; zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt a NOTICE similar to this, or as to which the statute of limitations has previously ( expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 2nd day of December, 199 following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, K Savary, and Welshons NOES: ABSENT: Commissioner Monroy ABSTAIN: CAIUSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMIL~R Planning Director ]] PC RES0 NO. 4433 -3-