HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53331
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PLANNING COMMISSION RESOLUTION NO. 5333
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 01-13 TO ALLOW TWO
AFFORDABLE UNITS WITHIN A PROPOSED 13-UNIT
AIRSPACE CONDOMINIUM ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE,
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VILLA PARADISIO
CASE NO.: SDP 01-13
WHEREAS, Randall K. Lockett, “OwnerDeveloper,” has filed a verified
WEST OF THE RAILROAD RIGHT-OF-WAY IN LOCAL
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 Site Development
Plan as shown on Exhibit(s) “Ayy - “0” dated January 15, 2003, on file in the Planning
Department, VILLA PARADISIO - SDP 01-13 as provided by Chapter 21.06/Section
21.53.120 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
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.
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B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES VILLA PARADISIO - SDP 01-13 based on the
following findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that a) the site can easily accommodate the proposed multi-
family structure while providing all required front, side, and rear yard setbacks; b)
the project complies with all City standards for the development; c) the project is
consistent and compatible with the surrounding development in scale and design;
and d) the project design is well integrated into the surrounding multi-family and
single family residential neighborhoods.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the proposed multi-family structure while providing
all required front, side, and rear yard setbacks and the project complies with all
City Ordinances and standards.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposal integrates the two affordable units into
the design of the project and complies with all applicable requirements of the
Planned Development Ordinance as well as regulations for setbacks, building height
and other features of the RD-M zone.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project design includes a private driveway
that provides direct access to basement level resident garages and guest parking
spaces.
Conditions:
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 (type of action, e.g. Site Development Plan).
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Permit documents, as necessary to make
PC RES0 NO. 5333 -2-
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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 from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, ZC 01-12, LCPA 01-12, CT 02-11,
CP 02-07, and CDP 01-38 and is subject to all conditions contain 5328, 5329, 5330,
5331,5332 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 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 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. ...
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PC RES0 NO. 5333 -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 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
JULIE Chairperson
CARL ANNING COMMISSION
ATTEST:
MICHAEL J. HDLZMIMER
Planning Director
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