HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57701
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PLANNING COMMISSION RESOLUTION NO. 5770
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
*
DEVELOPMENT PLAN 03-19 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 DRlVE WITHIN THE MELLO
I1 SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BRITTANY COVE
CASE NO.: SDP 03-19
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 Site Development
Plan as shown on Exhibits “A” - “U” dated November 17, 2004, on file in the Planning
Department, BRITTANY COVE - SDP 03-19 as provided by Chapter 21.06/Section 21.53.120
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 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:
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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 - SDP 03-19 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 high, medium-high, and
low density projects and is in conformance with the Land Use Element of the
General Plan by developing at 10.7 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.
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 all 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 72 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. 5770 -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 03-14, CP 03-09, and CDP
03-48 and is subject to all conditions contained in Planning Commission Resolutions No.
5767,5768,5769 and 5771 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
“fee s/exac t ions. ”
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.
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PC RES0 NO. 5770 -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 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:
&%-----
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
MICHAEL J. HOLZMILLEP
Planning Director
PC RES0 NO. 5770 -4-