HomeMy WebLinkAbout2005-10-19; Planning Commission; Resolution 59751
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PLANNING COMMISSION RESOLUTION NO. 5975
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDOMINIUM PERMIT CP 05-09 TO DEMOLISH TWO (2)
DWELLING UNITS AND CONSTRUCT EIGHT (8) SINGLE-
FAMILY AND TWO-FAMILY RESIDENTIAL AIR-SPACE
CONDOMINIUMS, AND ONE SECOND-DWELLING UNIT ON
A .98 ACRE SITE GENERALLY LOCATED NORTH OF DATE
AVENUE AND EAST OF GARFIELD STREET, IN THE
MELLO I1 SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: 234/236 DATE AVENUE
CASE NO.: CP 05-09
WHEREAS, Crescent Del Sol Estates, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 in block “T” of Palisades No. 2, in the City of Carlsbad,
County of San Diego, State of California, According to map
thereof No. 1803, filed in the office of the County Recorder of
San Diego County, August 25,1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “SS” dated October 19, 2005, on file in the Planning
Department 234/236 DATE AVENUE -CP 05-09, as provided by Chapter 2 1.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the on the 19th day of October
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.
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 Commission
APPROVES 234/236 DATE AVENUE - CP 05-09, based on the following
findings and subject to the following conditions:
Findings:
1. That the proposed project complies with all applicable development standards included
within this chapter, in that, the proposed project of eight (8) single-family and two-
family residential air-space condominiums and one (1) second dwelling unit conform
to all the design and development standards applicable to the property as contained
in of Chapter 21.45 the Carlsbad Municipal Code.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the surrounding properties are developed with
single-family and multiple-family developments with a wide range of densities and
with a variety of architectural styles which are compatible with the contemporary
architectural style proposed.
3. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
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; record a notice of violation on the
property title; 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.
4.
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
PC RES0 NO. 5975 -2-
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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, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
5. This approval is granted subject to the approval of CT 05-01 and CDP 05-06 and is
subject to all conditions contained in Planning Commission Resolutions No. 5974 and
5976 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 dexactions . ”
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 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 fees/exactions 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. 5975 -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 October 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: m
CAFUSBAD PLANNING COMMISSION
ATTEST: c DON NEU
Assistant Planning Director
PC RES0 NO. 5975 -4-