HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56371
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PLANNING COMMISSION RESOLUTION NO. 5637
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN 03-03 TO
CONSTRUCT 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 FACILITIES MANAGEMENT ZONE 1
CASE NAME: BLUFFS
CASE NO.: SDP 03-03
WHEREAS, Anastasi Development Company, LLC, a Limited Liability
Company, “Developer/Owner,” 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 Site Development
Plan as shown on Exhibits “A” - “JJ” dated May 19, 2004, on file in the Planning Department,
BLUFFS - SDP 03-03 as provided by Chapter 21.06/Section 21.53.120 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 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:
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 Planning
Commission RECOMMENDS APPROVAL of BLUFFS - SDP 03-03 based
on the following findings and subject to the following conditions:
Findings:
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 project is located in an area of medium to high density
projects and is in conformance with the Land Use Element of the General Plan by
developing at 14.6 du/ac which is within the density range of 8 to 15 du/ac; the site
or surroundings will not be adversely impacted as there are no significant habitats
present and adjacent properties are already developed; and that the traffic
circulation will not be affected as the local roadways are existing. The proposed
vacation of Locust Street will not impact circulation, as the roadway does not
presently exist as an improved roadway.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the project’s buildings, parking, open space, and other amenities can be
provided without the need for variances.
3. That dl 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 project provides the required setbacks and
incorporates architectural enhancements and landscaping consistent with the
Planned Development Ordinance and City of Carlsbad Landscape Manual.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the additional 624 ADT generated by the project
will not significantly impact the surrounding road segments or intersection levels of
service.
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 Site Development Plan.
PC RES0 NO. 5637 -2-
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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 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, CT 02-18, CP 02-10, CDP 03-
35, and HDP 02-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5634, 5635,5636,5638 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. 5637 -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. HOLmILLm
Planning Director
PC RES0 NO. 5637 -4-