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HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 54071 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. 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. 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 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 : 1. 2. 3. 4. 5. 6. 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- 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 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. ... ... ... ... PC RES0 NO. 5407 -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 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-