HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 54071
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PLANNING COMMISSION RESOLUTION NO. 5407
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDO-
MINIUM PERMIT CP 02-12 TO ALLOW A 10-UNIT
AIRSPACE CONDOMINIUM ON PROPERTY GENEWLY
LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE
BETWEEN EL CAMINO REAL AND VIEJO CASTILLA WAY
IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CASE NO.: CP 02-12
LA COSTA FAIRWAY CONDOMINIUMS
WHEREAS, SCI Enterprises, LLC, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Ariana Development, “Owner,”
described as
Lots 4 and 5 of La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 6708, filed in the Office of the County Recorder of
San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibit(s) “A” - “Q” dated May 7, 2003, on file in the Planning
Department, LA COSTA FAIRWAY CONDOMINIUMS - CP 02-12, as provided by Chapter
2 1.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of May, 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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA FAIRWAY CONDOMINIUMS - CP 02-12, based
on the following findings and subject to the following conditions:
Findin Ps :
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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 8.7 du/ac multi-family project is consistent with the
Residential High (RH) density land use designation which allows a density of 19
du/ac and 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 condominium project
provides a higher density residential land use in proximity to commercial services
and transportation corridors 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;
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, 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 project is well integrated into the terraced slopes of the site, has been
designed to minimize grading, and takes advantage of the views of the golf course to
the north.
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 multi-
family condominium development, and the project has been designed so the that
buildings appear as two stories from the south and three stories from the north,
thereby minimizing the apparent mass of the buildings. The proposed density of 8.7
dwelling unitdacre is below the Residential High (RH) density range and does not
exceed the Growth Management control point.
PC RES0 NO. 5407 -2-
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7. 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.
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
and CT 02-27 and is subject to all conditions contained in the Planning Commission
Resolutions 5405 and 5406 for those other approvals 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 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
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 feedexactions
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. 5407 -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 7th day of May, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
k, Chairperson 3gJF PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5407 -4-