HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 44384
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PLANNING COMMISSION RESOLUTION NO. 4438
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ALLOW THE DEVELOPMENT OF A 90 UNIT AIRSPACE
CONDOMINIUM PROJECT ON PROPERTY LOCATED AT
THE NORTHEAST CORNER OF AMBROSIA LANE AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: BRINDISI
CASE NO.: CP 98-10
APPROVAL OF CONDOMMUM PERMIT, CP 98-10, TO
WHEREAS, Brehm-Aviara I11 Development Associates, L.P., 44Dt
has filed a verified application with the City of Carlsbad regarding property owned by
Aviara I11 Development Associates, L.P., “Owner”, described as
Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase I11 Unit
No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13434, filed in the office
of the County Recorder of San Diego County, on June 23,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conc
Permit as shown on Exhibit(s) “A” - 440”, dated December 16, 1998, on file in the
Department, BRINDISI, CP 98-10, as provided by Chapter 21.45 of the Carlsbad 1
Code; and
WHEREAS, the Planning Commission did on the 16th day of Decemb
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
and arguments, if any, of persons desiring to be heard, said Commission considered i
relating to the Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City 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 COI
RECOMMENDS APPROVAL of CP 98-10, based on the following
and subject to the following conditions:
Findinps:
1. All findings of Planning Commission Resolution No. 4441 for CT 9
incorporated herein by 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, Planned Commun
zoning and in compliance with all applicable development standards an
criteria of the Aviara Master Plan.
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-beir
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 Aviara Master Plan and Carlsbad Municipal Cod
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 consist
surrounding multiple family development, and the proposed density of 11
unitdacre is within the Residential High (RH) density range and does not el
Growth Management control point.
6. That the project’s circulation system is designed to be efficient and well integrz
the project and does not dominate the project, in that the private street providc
access to guest parking, individual garages, interior courtyards with garage
and pedestrian circulation that is delineated by enhanced paving.
I 1 PC RES0 N0.4438 -2-
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Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c
and modifications to the Planned Unit Development document(s), necessary
them internally consistent and in conformity with final action on thr
Development shall occur substantially as shown in the approved Exhibits. Any
development different from this approval, shall require an amendment to this apl
2. Approval of CP 98-10 is granted subject to the approval of CT 97-17. CP
subject to all conditions contained in Planning Commission Resolutions No. 44
4441 and 4439, for the Mitigation Negative Declaration and Mitigation MI
and Reporting Program, MP 177(W), CT 97-17, and CDP 97-46 respectivel:
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
you 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 I
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously beel
NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
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I PC RES0 N0.4438 .3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of December, 19
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, i
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning
PC RES0 N0.4438 -4-