HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50751
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PLANNING COMMISSION RESOLUTION NO. 5075
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 00-02 TO ALLOW
THE DEVELOPMENT OF 24 MULTIFAMILY CONDOMINIUMS
ON PROPERTY GENERALLY LOCATED SOUTH OF
POINSETTIA LANE, BETWEEN AVIARA PARKWAY AND
SNAPDRAGON DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: THOMPSON/TABATA
CASE NO.: CP 00-02
WHEREAS, Standard Pacific Homes, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Standard Pacific
Corporation and David B. Thompson and Karen R Thompson, “Owner,” described as
The northeast quarter of the northeast quarter and the southeast
quarter of the northeast quarter of Section 28, Township 12 South,
Range 4 West, San Bernardino Meridian, according to the official
plat thereof; together with that portion of the southeast quarter of
Section 21, Township 12 South, Range 4 West of the San
Bernardino Meridian, according to the official plat thereof, shown
on Parcel B on a Certificate of Compliance recorded November
7,1988 as File No. 88-569475 and on Record of Survey Map No.
12096, filed on March 23, 1989; all lying within the City of
Carlsbad, County of San Diego, State of California; except
therefrom those portions thereof vested with Tabata Brothers
Partnership by documents recorded November 13, 1972 as File No.
303362 and November 4, 1974 as Files No. 74-292547 and 74-
292548; and except therefkom those portions lying within
Poinsettia Lane and Rose Drive as described in Files No. 89-
546752, 89-637695, go-146889 and 91-0036964 of Official
Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “EEEE” dated November 7,2001, on file in the Planning
Department, THOMPSON/TABATA - CP 00-02 as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
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WHEREAS, the Planning Commission did, on the 7th day of November, 2001
and on the 5th day of December 2001 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 testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
RECOMMENDS APPROVAL of THOMPSONKARATA - CP 00-02, based
on the following findings and subject to the following conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the project is
consistent with the Residential Medium (RM) General Plan Land Use designation as
it has a density of 3.88 dwellings per acre; the project complies with the
development standards of the Residential Density-Multiple (RD-M) zoning
designation and the Zone 20 Specific Plan (SP 201).
2. 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 development of 24 multifamily
condominium units in four buildings, and associated recreational facilities and RV
storage, comply with the requirements of the Planned Development Ordinance and
is consistent with the adjacent small-lot single family uses proposed to be developed
in conjunction with this condominium.
3. 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 design conforms to all design and development standards
applicable to the property. Public improvements will be provided concurrent with
the development of the project to meet all City standards. All manufactured slopes
will be landscaped to prevent erosion and visually screen the slopes.
4. 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
PC BESO NO. 5075 -2-
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Guidelines Manual, in that the project provides private and common passive
recreation areas and common RV storage, guest parking is adequately distributed
throughout the project and all vehicular access ways are a minimum of 30 feet wide.
5. 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 general trend of the development follows the existing sloping
topography, grading volumes are limited to an acceptable level of 6,042 cubic yards
per acre, and the existing coastal sage scrub habitat is being preserved.
6. 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 multifamily residential product type and density are consistent with the proposed small-lot single family
development that surrounds it.
7. .l integrated with That the project’s circulation system is designed to be efficient and we1
the project and does not dominate the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building or
grading permit, whichever occurs first.
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
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
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said 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 Condominium Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Condominium Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development
different corn this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
4. If any condition for 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 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 invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. The 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
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
or indirectly, from (a) City’s approval and issuance of this Condominium Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
6. This approval is granted subject to the approval of ZC 98-08, LCPA 98-04, CT 98-14,
PUD 98-05, SDP 99-06, HDP 98-15, and CDP 98-68 and is subject to all conditions
contained in Planning Commission Resolutions No. 5071, 5072, 5073, 5074, 5076,
5077 and 5078 for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
following vote, to wit: i
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
ATTEST:
Planning Director
PC RESO NO. 5075 -5-