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HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55571 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. 5557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 02-13 TO ALLOW THE CONSTRUCTION OF 58 AIRSPACE CONDOMI- NIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF LA COSTA AVENUE EAST OF EL CAMINO REAL AND WEST OF CASTILLA WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA CONDOMINIUMS CASE NO.: CP 02-13 WHEREAS, Calso, LLC, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in the County of San Diego, State of California, According to Map Thereof No. 6117, filed in the Office of the County Recorder of San Diego, County, June 3,1968 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A” - “WW” dated February 4th, 2004 on file in the Planning Department LA COSTA CONDOMINIUMS - CP -02-13, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of February, 2004, 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 13, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of LA COSTA CONDOMINIUMS - CP 02- Findinps : 1. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project of 58 condominiums on the subject site conforms with all the design and development standards applicable to the property as contained in Chapter 21.45 of the Carlsbad Municipal Code (CMC) and the project is compatible with existing surrounding residential development. 2. That the proposed project’s density, site design and architecture are compatible with surrounding development, in that the proposed project of 58 condominiums (11.48 du/ac) on the subject site is consistent with the allowable density range of the RMH (8-15 du/ac) General Plan designation and the project’s density (11.48 du/ac) is slightly below the Growth Management Control Point density of 11.5 du/ac. The site is designed to be consistent with applicable development standards and its proposed residential use is compatible with adjacent existing and planned residential land uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a Final Map or issuance of a grading permit, 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 vested rights are gained by Developer or a successor in interest by the City’s approval of this Condominium Permit. 2. 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. 3. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and CT 02-28, SDP 03-18, and HDP 02-14 and is subject to all conditions contained in Planning Commission PC RES0 NO. 5557 -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 Resolutions No. 5554, 5555, 5556 and 5558 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 from date of 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of February 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5557 -3-