HomeMy WebLinkAbout1999-08-04; Planning Commission; Resolution 45970 0
1 PLANNING COMMISSION RESOLUTION NO. 4597
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIAy APPROVING
DEVELOPMENT OF 16 AIRSPACE CONDOMINIUM UNITS
ON PROPERTY GENERALLY LOCATED SOUTH OF
GIBRALTAR STREET NEAR THE INTERSECTION OF JEREZ
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 6
CASE NAME: LA COSTA FAIRWAY VILLAS
CASE NO.: CP 99-09
CONDOMINIUM PERMIT CP 99-09 TO ALLOW THE
8 I/ WHEREAS, Darling Pacific Builders, “Developer”, has filed a
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application with the City of Carlsbad regarding property owned by Stanley P. Millan, “
described as
Lots 399,400, and 401 of La Costa South unit No. 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
(“the Property”); and
16 WHEREAS, said verified application constitutes a request for a Condc
17 Permit as shown on Exhibit(s) “A” - “P” dated August 4, 1999, on file in the 1
18 Department, LA COSTA FAIRWAY VILLAS, CP 99-09, as provided by Chapter 21.1
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Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 4th day of August, 19
a duly noticed public hearing as prescribed by law to consider said request; and
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23 WHEREAS, at said public hearing, upon hearing and considering all te
24 (1 and arguments, if any, of persons desiring to be heard, said Commission considered a1
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 26
relating to the Condominium Permit.
Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA FAIRWAY VILLAS - CP 99-09, based on the
following findings and subject to the following conditions:
Findinps:
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All findings of Resolutions No. 4596 and 4598 for CT 99-07 and HDP 99-05 are
incorporated herein by reference.
That the granting of this permit will not adversely affect and will be consistent with
Chapter 21.45 of Title 21, the General Plan and all adopted plans of the City and other
governmental agencies, in that the 13.5 du/ac multi-family project is consistent with
the Residential High (RH) density land use designation and RD-M zoning and in
compliance with all applicable development standards and design criteria.
That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the multi-family project provides a higher
density residential land use thereby providing a balance of residential land uses and
is compatible with existing development in the surrounding community.
That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that the project is compatible with surrounding residential uses; provides
all necessary public improvements to serve the demand generated by the project; as
designed provides adequate setbacks, landscaping and circulation improvements;
and complies with all City ordinances and standards.
That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the Design
Guidelines Manual, in that the development utilizes a creative site design which is well
integrated, oriented and related to the topographic features of the site and provides
for adequate circulation, off-street parking, usable private and common open space
recreation facilities, and other pertinent amenities.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that the site plan utilizes a split-pad and residential split-level design which is
integrated into the slope and is oriented in an east-west design which is consistent
with the site topography.
That the proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that the project design is consistent with
surrounding multiple family development, and the proposed density of 13.5 dwelling
units/acre is within the Residential High (RH) density range and does not exceed the
Growth Management control point.
PC RESO NO. 4597 -2-
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8. That the project’s circulation system is designed to be efficient and well integr:
the project and does not dominate the project, in that two separate driveways
direct access to 16 individual garages and guest parking spaces.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Condominium Permit document(s), necessary to ma
internally consistent and in conformity with final action on the project. Dew
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
2. The Developer shall submit to the Planning Director a recorded cops.
Condominium Plan which is in conformance with the City approved documc
exhibits.
3. Approval of CP 99-09 is granted subject to the approval of CT 99-07 and HD
CP 99-09 is subject to all conditions contained in Resolution No. 4596 and 459;
99-07 and HDP 99-05.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexact
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
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/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 4th day of August, 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY EXMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4597 -4-