HomeMy WebLinkAbout2003-06-18; Planning Commission; Resolution 54371
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PLANNING COMMISSION RESOLUTION NO. 5437
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVES SITE
DEVELOPMENT PLAN SDP 02-18 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.: SDP 02-18
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 Site Development
Plan as shown on Exhibits “A” - “Z” dated June 18,2003, on file in the Planning Department,
CASA LA COSTA as provided by Chapter 21.06 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 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CASA LA COSTA - SDP 02-18 based on the
following findings and subject to the following conditions:
Findinm :
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, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed density is compatible with the surrounding
residential development and within the density range allowed under the Residential
Medium High (RMH) General Plan Land Use designation, all facilities necessary to
serve the proposed development will be in place prior to, or concurrent with,
development,
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project site can accommodate the proposed residential development while
complying with all development standards and public facility requirements
applicable to the project.
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 proposed residential development will be
surrounded by solid masonry walls and/or landscaping and is compatible with the
surrounding single-family, multifamily, and local commercial land uses.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is served by La Costa Avenue, a
secondary arterial, and two local streets, Centella Street and Levante Street and the
project-specific traffic report states that no adverse impacts due to traffic
circulation will occur with this project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
or final map, whichever occurs first.
1. 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 further condition issuance of all
future 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
PC RES0 NO. 5437 -2-
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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 fiom this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of CT 02-29 and CP 03-02 and is subject
to all conditions contained in Planning Commission Resolutions No. 5435 and 5436 for
those other approvals 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 fiom date of final approval to protest imposition of these fees/exactions. 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. 5437 -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 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
ATTEST:
MICHAEL J. lkdZMIb?ER
Planning Director
PC RES0 NO. 5437 -4-