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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53321 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 PLANNING COMMISSION RESOLUTION NO. 5332 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 02-07 TO ALLOW THE CONSTRUCTION OF A 13-UNIT AIRSPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE, WEST OF THE RAILROAD RIGHT-.OF-WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLA PARADISIO‘ CASE NO.: CP 02-07 WHEREAS, Randall K. Lockett, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A” - “0” dated January 15, 2003, on file in the Planning Department, VILLA PARADISIO - CP 02-07, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of January, 2003, 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 VILLA PARADISIO - CP 02-07, based on the following findings and subject to the following conditions: 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 Findinm: 1. 2. 3. 4. 5. 6. 7. 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 project proposes a density of 18.4 du/ac which is consistent with the Residential High (RH) land use designation which allows a density of 19 du/ac; with approval of a zone change from R-1 to RD-M the project will be consistent with the zoning designation; and the project is 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 residential condominium project provides a higher density residential land use thereby providing a balance of residential land uses; and the project is compatible with the 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 18.4 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 basement level resident garages and guest parking spaces. PC RES0 NO. 5332 -2- 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 Conditions: 1. 2. 3. 4. 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 fiom this approval, shall require an amendment to this approval. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan, filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC O1-12/LCPA 01-12KT 02- 11, SDP 01-13 and CDP 01-38 and is subject to all conditions contained in Planning Commission Resolutions No. 5328, 5329, 5330, 5331, 5333 and 5334 for those other approvals, incorporated by reference herein. 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 fiom date of final approval to protest imposition of these feedexactions. 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 feedexactions 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. 5332 -3- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None ATTEST: Planning Director PC RES0 NO. 5332 -4-