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HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54361 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. 5436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 03-02 TO ALLOW THE SUBDIVISION AND CONSTRUCTION OF A 39-UNIT MULTIFAMILY AIR-SPACE CONDOMINIUM DEVELOP- MENT ON PROPERTY GENERALLY LOCATED SOUTH- WEST OF LA COSTA AVENUE, BETWEEN RANCHO SANTA FE ROAD AND CENTELLA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: CASA LA COSTA CASE NO.: CP 03-02 WHEREAS, Rancho La Costa, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot 249 of La Costa Vale Unit No. 1, according to Map No. 7457, in the City of Carlsbad, County of San Diego, State of California, and amended as shown on Certificate of Compliance recorded November 9, 1981 as Instrument #81- 354864, both on file 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 Exhibits “A” - “2” dated June 18, 2003, on file in the Planning Department, CASA LA COSTA - CP 03-02 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of June, 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: 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 A) That the foregoing recitations are true and correct. B) Findings: That based on the evidence presented at the public ..caring, the Commission APPROVES CASA LA COSTA - CP 03-02, based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. That L--e granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project is consistent with the Residential Medium High (RMH) General Plan Land Use designation as it has a density of 8.7 dwelling units per developable acre and the project complies with the development standards of the Residential Density- Multiple (RD-M) zoning designation. 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 development of air-space multifamily condominium units and associated recreational facilities and RV storage is consistent with the requirements of the Planned Development Ordinance and is consistent with the residential and local commercial 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 design conforms to all design and development standards applicable to the property; and all necessary improvements will be provided concurrent with the development of the project and will meet all City 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 project provides passive and active recreation, common RV storage, guest parking, and incorporates architectural design elements into all proposed buildings. 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 is relatively flat and contains no significant natural resources and the proposed grading follows the existing site topography. 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 density and building size are consistent with the surrounding residential and local commercial land uses. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. PC RES0 NO. 5436 -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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map, whichever occurs first. 1. 2. 3. 4. 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 hrther condition issuance of all hture 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 Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make 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. This approval is granted subject to the approval of CT 02-29 and SDP 02-18 and is subject to all conditions contained in Planning Commission Resolutions No. 5435 and 5437 for those other approvals incorporated herein by reference. 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 PC RES0 NO. 5436 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 2c 21 2; 2: 21 2t 2( 2' 2: 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 18th day of June, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None cw PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5436 -4-