HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57691
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PLANNING COMMISSION RESOLUTION NO. 5769
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDOMINIUM PERMIT CP 03-09 TO DEMOLISH SIX
EXISTING DWELLING UNITS AND TO DEVELOP A NINE-
UNIT AIRSPACE CONDOMINIUM PROJECT ON 0.84 ACRES
GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON
STREET, NORTH OF LAGUNA DRIVE WITHIN THE MELLO I1
SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BRITTANY COVE
CASE NO.: CP 03-09
WHEREAS, Anthony DeLeonardis and Francesca DeLeonardis,
“Developer/Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
Lots 6, 7, 8, 9, 10, and 11, in Block 1 of Sunny Slope Tract, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 486, filed in the Office of the
County Recorder of San Diego County, February 7,1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “U” dated November 17, 2004, on file in the Planning
Department, BRITTANY COVE - CP 03-09 as provided by Chapter 2 1.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES BRITTANY COVE - CP 03-09, 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 nine condominiums (10.7
du/ac) on the subject site is consistent with the allowable density range of the RMH
(8-15 du/ac) General Plan designation. The site is designed to comply with all
applicable development standards and the proposed residential use is compatible
with adjacent existing single-family and 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 nine 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 modif) 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, CT 03-14, SDP 03-19 and CDP
03-48 and is subject to all conditions contained in Planning Commission Resolutions No.
5767,5768,5770 and 5771 for those other approvals incorporated herein by reference.
PC RES0 NO. 5769 -2-
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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 feedexactions. 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 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILL&k
Planning Director
PC RES0 NO. 5769 -3 -