HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56361
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PLANNING COMMISSION RESOLUTION NO. 5636
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 5.33 ACRES INTO A 78 UNIT AIRSPACE
CONDOMINIUM PROJECT ON PROPERTY GENERALLY
LOCATED ON THE NORTH AND EAST SIDE OF HARRISON
STREET, WEST OF ADAMS STREET AND SOUTH OF
CHINQUAPIN AVENUE IN LOCAL FACTLITIES
MANAGEMENT ZONE 1.
CASE NAME: BLUFFS
CASE NO. : CP 02-10
APPROVAL OF CONDOMINIUM PERMIT 02-10 TO
WHEREAS, Anastasi Development Company, LLC, a Limited Liability
Company, “Developer/Owner,” has filed a verified application with the City of Carlsbad
regarding property described as
Lot 3, 7, 8,9 and 10 inclusive, in Block “A” and Lots 1, 2,3,5,
and 6 inclusive in Block “D” of resubdivision of portions of
Tract 238 and 243 of Thum Lands, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 2103, filed in the Office of the County Recorder of
San Diego, April 3,1928
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning
Department, BLUFFS - CP 02-10 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.
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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.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of BLUFFS CP 02-10, based on
the following findings and subject to the following conditions:
Findings:
1. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the proposed project of 78 condominiums (14.6
du/ac) on the subject site is consistent with the allowable density range of the RMH
(8-15 du/ac) General Plan designation. As discussed in the staff report, the site is
designed to be consistent with the applicable development standards and the
proposed residential use is compatible with adjacent existing and planned multi-
family residential land uses.
2. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that as discussed in the staff
report the proposed project of 78 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 and the project is compatible with
existing surrounding residential development.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation 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. 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.
PC RES0 NO. 5636 -2-
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3. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CT 02-18, SDP 03-03, CDP 03-
35 and HDP 02-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5634,5635,5637,5638 and 5639 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 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 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 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. 5636 -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 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: . - MICHAEL J. HOLZMILL&
Planning Director
PC RES0 NO. 5636 -4-