HomeMy WebLinkAbout2002-09-04; Planning Commission; Resolution 52661
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PLANNING COMMISSION RESOLUTION NO. 5266
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONSTRUCTION OF SIX AIRSPACE CONDOMINIUM
UNITS ON PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF
CARLSBAD BOULEVARD AND JUNIPER AVENUE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PACIFIC VIEW CONDOS
CASE NO.: CP 02-03
WHEREAS, James and Kiki Zathas, “OwnerDeveloper,” has filed a verified
CONDOMINIUM PERMIT CP 02-03 TO ALLOW THE
application with the City of Carlsbad regarding property described as
Lots 1,2 and 3 Block “E” of Palisades, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1747 filed in the Office of the County Recorder of
San Diego County, February 5,1923
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - ‘‘J” dated September 4, 2002, on file in the Planning
Department, PACIFIC VIEW CONDOS - CP 02-03, as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of September, 2002,
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
APPROVES PACIFIC VIEW CONDOS - CP 02-03, based on the following
findings and subject to the following conditions:
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Findinps:
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That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan and all adopted plans of the City and other
governmental agencies, in that the 15.8 du/ac multi-family project is consistent with
the Residential High (RH) density land use designation and R-3 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 site and provides for adequate
circulation, off-street parking, usable private open space areas, 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 has been previously graded and is relatively level and contains no
natural resources or varied 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 15.8 dwelling
units/acre is within the Residential High (RH) density range and does not exceed the
Growth Management control point.
That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project, in that the project has a private driveway
that provides direct access to resident garages and guest parking spaces.
PC RES0 NO. 5266 -2-
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Conditions:
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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.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Condominium Permit document(s), necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall submit to the Planning Director a recorded copy of the
Condominium Plan which is in conformance with the City approved documents and
exhibits.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
CT 02-01 and CDP 02-03 and is subject to all conditions contained in Planning
Commission Resolutions No. 5264,5265, and 5267, 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.
PC RES0 NO. 5266 -3-
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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 4th day of September, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5266 -4-