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HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56221 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. 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. 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 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- 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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-