HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53371
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PLANNING COMMISSION RESOLUTION NO. 5337
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
JEFFERSON STREET AND LAS FLORES DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: FARBER JEFFERSON STREET CONDO
CASE NO.: CP 02-08
WHEREAS, Farber Family Limited Partnership, “Developer/Owner,” has
CONDOMINIUM PERMIT CP 02-08 ON A 1.15 ACRE PARCEL
filed a verified application with the City of Carlsbad regarding property described as:
That portion of Tract 2 of Laguna Mesa Tract, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1719, filed in the office of the County
Recorder of San Diego County, June 20,1921
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibit(s) “A” - “L” dated January 15, 2003, on file in the Planning
Department, FAFU3ER JEFFERSON STREET CONDO - CP 02-08, 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 FARBER JEFFERSON STREET CONDO - CP 02-08, based on
the following findings and subject to the following conditions:
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Findings:
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All findings of Resolutions No. 5335, 5336, 5338, and 5339 for the Mitigated
Negative Declaration, CT 02-13, CDP 02-32, and SDP 02-14 are incorporated herein
by reference.
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 11 du/ac multi-family project is consistent with the
Residential Medium High (RMH) 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 in proximity to commercial services and transportation
corridors thereby providing a balance of residential land uses.
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;
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 and common recreational 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 has been previously graded and developed; therefore no natural
topography or resources remain on the site. .
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 is surrounded by both single
family and multiple family development, and the project design includes increased
setbacks from adjacent roadways and single family development, provides two-story
building heights along side property lines and incorporates extensive landscape
amenities to ensure compatibility with surrounding development. The proposed
density of 11 dwelling units/acre is within the Residential Medium High (RMH)
density range and does not exceed the Growth Management control point.
PC RES0 NO. 5337 -2-
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8. 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 subterranean resident and guest parking spaces.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a grading permit, whichever occurs first.
1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
CT 02-13, CDP 02-32, and SDP 02-14, and is subject to all conditions contained in the
Planning Commission Resolutions 5335, 5336, 5338, and 5339 for those other approvals
and incorporated herein by reference.
2. 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.
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 fi-om 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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PC RES0 NO. 5337 -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 AKE chairperson
CARLS GANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5337 -4-