HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56221
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PLANNING COMMISSION RESOLUTION NO. 5622
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVES CONDO-
MINIUM PERMIT CP 03-05 ON PROPERTY GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF ROMERIA
AND GIBRALTAR STREETS IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: ROMERIA POINTE CONDOMINIUMS
CASE NO.: CP 03-05
WHEREAS, BNR Investment and Development, Inc., “Developer/
Owner,” has filed a verified application with the City of Carlsbad regarding property
described as:
Lot 393 of La Costa South Unit No. 5 according to Map thereof
No. 6600 filed in the Office of the County Recorder, March 10,
1970, being in the City, of Carlsbad, County of San Diego,
State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “P” dated May 19,2004, on file in the Planning Department,
ROMERIA POINTE CONDOMINIUMS - CP 03-05, as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May 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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ROMERIA POINTE CONDOMINIUMS - CP 03-05, based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the 9 unit condominium
project 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 stated in the staff report.
2. That the proposed project’s density, site design ahd architecture are compatible with
surrounding development, in that 17 dwelling units per acre on the subject site is
consistent with the allowable RH density range of 15 - 23 du/acre and slightly below
the Growth Management Control Point of 19 du/ac. The site is designed to be
consistent with applicable development standards and the three-story townhome
architectural design is consistent with surrounding multiple family development.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of 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. This approval is granted subject to the approval of CT 03-07 and is subject to all
conditions contained in Planning Commission Resolution No. 5621 for the other approval
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 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
PC RES0 NO. 5622 -2-
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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 fees/exactions
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 fees/exactions 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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5622 -3-