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-