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Home My WebLink About2006-06-21; Planning Commission; Resolution 61191 PLANNING COMMISSION RESOLUTION NO. 6119 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 06-05 TO DEVELOP A 13 UNIT 4 RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON , PROPERTY LOCATED SOUTH OF TAMARACK AVENUE, ADJACENT AND WEST OF THE RAILROAD RIGHT-OF- 6 WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: TUSCANY BY THE SEA 8 CASE NO.: CP 06-05 9 WHEREAS, Randall K. Lockett, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Tuscany By The Sea, LLC, "Owner," , 2 described as 13 That portion of Lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, 14 according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract 18 Map as shown on Exhibits "A" - "W" dated June 21, 2006, on file in the Planning Department 19 TUSCANY BY THE SEA - CP 06-05, as provided by Chapter 21.45 of the Carlsbad 20 Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 21st day of June, 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 95 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Condominium Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES TUSCANY BY THE SEA - CP 06-05, based on the following findings and subject to the following conditions:4 Findings: 1 • That the proposed project complies with all applicable development standards included within Chapter 21.45, in that the proposed project is consistent with all standards of Chapter 21.45 of the Carlsbad Municipal Code. 2. That the proposed project's density, site design and architecture are compatible with 9 surrounding development, in that the project consists of 13 airspace condominium units with a density of 18.4 du/ac which is within the Residential High Density range 10 of 15 - 23 du/ac specified for the site as indicated in the Land Use Element of the General Plan, and is below the Growth Management Control Point of 19 du/ac. In addition, the project is compatible with the existing surrounding residential 10 neighborhoods which are primarily developed with multi-family residential condominiums. 13 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 the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 16 Conditions: 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 19 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 20 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 23 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 24 or a successor in interest by the City's approval of this Condominium Permit. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 26 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 27 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.28 PCRESONO. 6119 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 challenged, this approval shall be suspended as provided in Government Code Section <- 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 6 all requirements of law. 7 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 9 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) 10 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 13 all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of the Tentative Tract Map 06-03 and Coastal Development Permit 06-14 and is subject to all conditions contained in 16 Planning Commission Resolutions No. 6118 and 6120 for those other approvals incorporated herein by reference. 17" 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6119 -3- 1 NOTICE 2 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 4 "fees/exactions." 5 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on the 21st day of June 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, *' Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 22 23 MARTELL B. MONT(JOMERY,i*rairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DONNEU Assistant Planning Director PCRESONO. 6119 -4-