HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53391
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PLANNING COMMISSION RESOLUTION NO. 5339
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
INCLUSIONARY AFFORDABLE UNITS WITHIN AN 11 UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY
LOCATED ON THE NORTHEAST CORNER OF JEFFERSON
STREET AND LAS FLOWS DRIVE IN LOCAL FACLITES
MANAGEMENT ZONE 1.
CASE NAME: FARBER JEFFERSON STREET CONDO
CASE NO.: SDP 02- 14
WHEREAS, Farber Family Limited Partnership, “Developer/Owner,” has
DEVELOPMENT PLAN SDP 02-14 TO ALLOW TWO
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 Site Development
Plan as shown on Exhibit(s) ‘‘A” - “L” dated January 15, 2003, on file in the Planning
Department, FARBER JEFFERSON STREET CONDO - SDP 02-14 as provided by Chapter
21.06/Section 2 1.53.120 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 FARBER JEFFERSON STREET CONDO - SDP
02-14 based on the following findings and subject to the following conditions:
Findings:
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 in that the two inclusionary units are adequately
integrated into the project design and consistency with all related development
standards can be achieved.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 1.15 acre site can accommodate the condominium project including
driveway access to an underground parking structure and recreational amenities.
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 project complies with all applicable development
standards, including ample setbacks, underground parking, perimeter masonry
fencing, and landscaping to make the project compatible with existing as well as
future permitted uses in the area.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Laguna Drive and Jefferson Street will operate
at acceptable levels of service.
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,
Mitigation Monitoring and Reporting Program, CT 02-13, CP 02-08, and CDP 02-32
and is subject to all conditions contained in the Planning Commission Resolutions 5335,
5336,5337 and 5338 for those other approvals and incorporated herein by reference.
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 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
PC RES0 NO. 5339 -2-
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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 feesiexactions
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.
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
LANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5339 -3-