HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60631 PLANNING COMMISSION RESOLUTION NO. 6063
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDOMINIUM PERMIT TO GRADE AND
4 SUBDIVIDE A 14.4 ACRE SITE INTO 2 RESIDENTIAL LOTS
5 FOR 53 CONDOMINIUM UNITS, 1 DRIVEWAY LOT, AND 1
OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED
6 ON THE WEST SIDE OF EL CAMINO REAL AND NORTH OF
DOVE LANE WITHIN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 21.
8 CASE NAME: LA COSTA VILLAGE CENTER
9 TOWNHOMES
CASE NO.: CP 04-03
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WHEREAS, Marker La Costa LLC, "Developer," has filed a verified
^2 application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner,"
13 described as
14 All that portion of the west half of the northeast Quarter of
1. Section 26, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State
16 of California, being more particularly described in certificate
of compliance record June 16,1989 as file No. 89-317343
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("the Property"); and18
19 WHEREAS, said verified application constitutes a request for a Condominium
20 Permit as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the Planning
21 Department, LA COSTA VILLAGE CENTER TOWNHOMES - CP 04-03 as provided by
22 Chapter 21.45 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 5th day of April, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
£**j
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2° relating to the Condominium Permit.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
<- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA VILLAGE CENTER
6 TOWNHOMES - CP 04-03, based on the following findings and subject to the
following conditions:
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Findings;
o
0 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 is
10 consistent with Chapter 21.45 of the Carlsbad Municipal Code.
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2. That the proposed project's density, site design and architecture are compatible with
12 surrounding development, in that the site is surrounded by single-family residential,
commercial, and multi-family residential uses at similar densities.
14 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
18 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
2Q 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
21 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
24 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
25 different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
27 regulations in effect at the time of building permit issuance.
28 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
PC RESO NO. 6063 -2-
challenged, this approval shall be suspended as provided in Government Code Section
2 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
3 all requirements of law.
5. 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
6 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)
7 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
9 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
10 all legal proceedings have been concluded and continues even if the City's approval is not
validated.11
12 6. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC
13 04-06, CT 04-08, SDP 04-05, HDP 04-04, CDP 04-17, and SUP 04-07 and is subject to
all conditions contained in Planning Commission Resolutions No. 6054, 6056, 6055,
6057, 6058, 6060, 6059, 6062, and 6061 for those other approvals incorporated herein by
. <. reference.
16 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."
19
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
22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
23
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,
25 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
26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.27
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PCRESONO. 6063 -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 April 2006, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
MARTELL B. MONTGOMERY, iH&irperson
CARLSBAD PLANNING COMMISSION
ATTEST:
f\ /C/6/L/t><yLxC
//pO^NEU
^Assistant PlanniPlanning Director
PCRESONO. 6063 -4-