HomeMy WebLinkAbout2006-08-02; Planning Commission; Resolution 61441 PLANNING COMMISSION RESOLUTION NO. 6144
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 05-12 TO
4 SUBDIVIDE 9.1 ACRES INTO 10 LOTS, FOR THE
5 DEVELOPMENT OF 53 DETACHED AIRSPACE
CONDOMINIUM UNITS WITHIN THE VILLAGES OF LA
6 COSTA RIDGE NEIGHBORHOOD 2.6, LOCATED SOUTH OF
MELROSE DRIVE AND EAST OF CORINTIA STREET IN
7 LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: VILLAGES OF LA COSTA RIDGE
8 NEIGHBORHOOD 2.6
9 CASE NO.: CP05-12
10 WHEREAS, Western Pacific Housing, Inc., "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
12 Management Company, "Owner," described as
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Lot 223 of City of Carlsbad Tract No. 99-04-02, Village of La
Costa Ridge - Neighborhood 2.6, in the City of Carlsbad,
. County of San Diego, State of California, according to map
thereof No. 14838, filed in the office of the County Recorder of
San Diego County July 14, 2004
17 ("the Property"); and
1 R WHEREAS, said verified application constitutes a request for a Condominium
19 Permit as shown on Exhibits "A" - "CC" dated August 2, 2006, on file in the Planning
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Department, VILLAGES OF LA COSTA RIDGE NEIGHBORHOOD 2.6 - CP 05-12, as
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provided by Chapter 21.45 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 2nd day of August, 2006, hold
24 a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Condominium Permit.28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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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
RECOMMENDS APPROVAL of VILLAGES OF LA COSTA RIDGE
6 NEIGHBORHOOD 2.6 - CP 05-12, based on the following findings and subject
to the following conditions:
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Findings;
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9 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
10 53 detached airspace condominiums on the subject site conforms to all the design
and development standards applicable to the property as contained in Chapter
21.45 of the Carlsbad Municipal Code and the Villages of La Costa Master Plan.
12 2. That the proposed project's density, site design, and architecture are compatible with
13 surrounding development, in that the surrounding developments consist of single-
family projects and the surrounding development of the neighborhood is of a
14 similar architectural style.
^ 3. The Planning Commission has reviewed each of the exactions imposed on the Developer
i /- 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
17 degree of the exaction is in rough proportionality to the impact caused by the project.
18 Conditions:
19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
20 final map or issuance of a grading permit whichever occurs first.
21 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
23 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
24 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
25 conditions or seek damages for their violation. No vested rights are gained by Developer
~s or a successor in interest by the City's approval of this Condominium Permit.
27 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
28 internally consistent and in conformity with the final action on the project. Development
PCRESONO. 6144 -2-
shall occur substantially as shown on the approved Exhibits. Any proposed development
2 different from this approval shall require an amendment to this approval.
3 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.
c 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.
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9 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
10 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,
^2 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 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.
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6. This approval is granted subject to the approval of CT 05-13 and is subject to all
17 conditions contained in Planning Commission Resolution No. 6143 for those other
approvals incorporated herein by reference.
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19 7. This project is being approved as a condominium permit for residential home ownership
purposes. If any of the units in the project are rented, the minimum time increment for
20 such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
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«„ 8. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
23 which is in conformance with the City approved documents and exhibits.
24 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
26 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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20 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
PCRESONO. 6144 -3-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of August 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Cardosa, Dominguez,
Heineman, and Whitton
ABSENT: Commissioners Baker and Segall
ABSTAIN:
7*6
MARTELL B. MONTffOMERY^Bairperson
CARLSBAD PLANNING COMMISSION
ATTEST/
T
Assistant Planning Director
PC RESO NO. 6144 -4-