HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58161
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PLANNING COMMISSION RESOLUTION NO. 5816
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88
ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE
OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF
COURSE, BETWEEN JEREZ COURT AND ROMERIA
STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE
6.
CASE NAME: VISTA LA COSTA
CONDOMINIUM PERMIT CP 04-01 TO DEVELOP A FIFTEEN
CASE NO.: CP 04-01
WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
All of Lots 376 and 377 of La Costa South Unit No. 5,
according to Map thereof No. 6600, filed in the office of the
County recorder of San Diego County on March 10,1970 and
that portion of the North half of the Southeast One-Quarter of
Section 36, Township 12 South, Range 4 West, San Bernardino
Meridian, according to official Plat thereof, in the City of
Carlsbad, County of San Diego, State of California, described
as Parcel No. 2 in a certificate of compliance recorded on
August 27, 1984 as file no. 84-325375 of Official Records of
said San Diego County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “U” dated January 5, 2005, on file in the Planning
Department VISTA LA COSTA - CP 04-01, as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 Commission
APPROVES VISTA LA COSTA - CP 04-01, based on the following findings
and subject to the following conditions:
Findinm:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project of 15
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 (CMC) and the project is compatible with existing surrounding
residential development.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the proposed project of 15 condominiums (17 du/ac)
on the subject site is consistent with the allowable density range of the Residential
High Density (RH, 15 - 23 du/ac) General Plan land use designation and the
project’s density (17 du/ac) is slightly below the Growth Management Control Point
density of 19 du/ac. The site is designed to be consistent with applicable
development standards and its proposed residential use is compatible with adjacent
existing and planned residential land uses.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a 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. 5816 -2-
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3.
4.
5.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Condominium Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and GPA 04-14, ZC 04-09 and
CT 04-05 and is subject to all conditions contained in Planning Commission Resolutions
No. 5812, 5813, 5814 and 5815 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 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 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. 5816 -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 5th day of January 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN:
sL$%F- N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5816 -4-