HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60741 PLANNING COMMISSION RESOLUTION NO. 6074
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 05-06 FOR AN
4 86-UNIT AIRSPACE CONDOMINIUM PROJECT ON TWO
5 LOTS TOTALING 11.6 ACRES ON PROPERTY GENERALLY
LOCATED NORTH OF DOVE LANE, EAST AND WEST OF
6 ESTRELLA DE MAR ROAD, AND WEST OF THE LA COSTA
RESORT GOLF COURSE DSf LOCAL FACILITIES
7 MANAGEMENT ZONE 10.
CASE NAME: LA COSTA GREENS NEIGHBORHOOD 1.16
8 CASE NO.: CP 05-06
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WHEREAS, KB Home Coastal, Inc. a California Corporation,
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"Owner/Developer," has filed a verified application with the City of Carlsbad regarding
j2 property described as
13 Parcel A:
14 Lot 16 of Carlsbad Tract No. 99-03 La Costa Greens, in the
City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14543, filed in the office of the
16 County Recorder of San Diego County February 12,2003
17 and
18 Parcel B:
19 Parcel 1 of Parcel Map No. 19754, in the City of Carlsbad,
20 County of San Diego, State of California, according to Map
thereof filed in the office of the County Recorder of San Diego
21 County June 9,2005
22 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Condominium
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Permit as shown on Exhibits "A" - "BB" dated April 19, 2006, on file in the Planning
£-J
26 Department, LA COSTA GREENS NEIGHBORHOOD 1.16 - CP 05-06, as provided by
27 Chapter 21.45 of the Carlsbad Municipal Code; and
28 WHEREAS, the Planning Commission did, on the 19th day of April 2006, 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
2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Condominium Permit.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of LA COSTA GREENS NEIGHBORHOOD
1.16 - CP 05-06, based on the following findings and subject to the following
10 conditions:
11 Findings;
12 1. That the proposed project complies with all applicable development standards included
13 within Chapter 21.45, in that the project complies with the required development
standards of the Villages of La Costa Master Plan and that the Master Plan
14 provides that the Planned Development Ordinance standards (CMC Chapter 21.45)
and RD-M development standards shall be used unless otherwise modified in the
Master Plan. The project design conforms to all design and development standards
^ applicable to the property, including Chapter 21.45, and the development of air
space condominium townhomes is consistent with the Villages of La Costa Master
17 Plan and is compatible with adjacent existing and planned land uses.
18 2. That the proposed project's density and site design are compatible with surrounding
development, in that existing multi-family condominiums are located to the west of
the site, multi-family apartments are located south of the site, and small-lot planned
2Q development homes are proposed north of the site. These surrounding uses are
similar in character and density to the proposed development.
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3. All findings of Planning Commission Resolution No. 6073 for CT 05-05 are incorporated
22 herein by reference.
23 Conditions:
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
25 a Final Map or issuance of a grading permit, whichever occurs first.
2" 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
~7 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
28 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
PC RESO NO. 6074 -2-
issued under the authority of approvals herein granted; record a notice of violation on the
2 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
3 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
c 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
6 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
9 4. If any condition for construction of any public improvements or facilities, or the payment
10 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
1 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
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
14 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
16 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-
17 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.
20 6. This approval is granted subject to the approval of CT 05-05 and is subject to all
conditions contained in Planning Commission Resolution No. 6073 for that other
21 approval.
22 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
24 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
26 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
27 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.
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman,
Segall and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELLB. MONT(5OMERY,tenairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 6074 -4-