HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 6162PLANNING COMMISSION RESOLUTION NO. 6162
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDOMINIUM PERMIT 04-09 TO ALLOW THE
3 DEVELOPMENT OF A 15-UNIT MULTI-FAMILY
RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON A
4 0.86-ACRE SITE GENERALLY LOCATED ALONG THE
5 WEST SIDE OF VIEJO CASTILLA WAY BETWEEN
NAVARRA DRIVE AND PIRINEOS WAY IN LOCAL
6 FACILITIES MANAGEMENT ZONE 6.
CASE NAME: RESORT VIEW TOWNHOMES
7 CASE NO.: CP 04-09
8 WHEREAS, Karnak Planning & Design, Inc., "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by B.N.R. Investment and
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Development LLC, "Owner," described as
12 Lots 35 and 36 of La Costa South Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according
13 to Map thereof No. 6117, filed in the Office of the County
Recorder of San Diego County, June 3,1968
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("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Condominium
17 Permit as shown on Exhibits "A" - "X" dated September 6, 2006, on file in the Planning
18 Department, RESORT VIEW TOWNHOMES - CP 04-09, as provided by Chapter 21.45 of
19 the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 6th day of September, 2006,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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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
3 APPROVES RESORT VIEW TOWNHOMES - CP 04-09, based on the
following findings and subject to the following conditions:
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r Findings;
That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the 15-unit airspace condominium project on the subject
7 site conforms with all the design and development standards applicable to the
property as contained in Chapter 21.45 of the Carlsbad Municipal Code (CMC) as
° outlined in the staff report.
9 2. That the proposed project's density, site design, and architecture are compatible with
10 surrounding development, in that the proposed density of 18.75 dwelling units per acre
on the subject site is consistent with the allowable Residential High Density land use
11 designation range of 15-23 du/acre and is slightly lower then the Growth
Management Control Point (GMCP) of 19 dwelling units per acre. The site is
designed to be consistent with the applicable development standards and the three-
story townhome style architectural design is consistent with the surrounding multi-
family residential developments.
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3. The Planning Commission has reviewed each of the exactions imposed on the Developer
15 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.
Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
final map, whichever occurs first.
20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 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
22 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
24 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
25 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
28 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
PCRESONO. 6162 -2-
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2 3. This approval is granted subject to the approval of CT 04-19 and HDP 04-09 and is
subject to all conditions contained in Planning Commission Resolutions No. 6161 and
3 6163 for those other approvals incorporated herein by reference.
4 NOTICE
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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
7 "fees/exactions."
g 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
9 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.
12 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
, 4 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
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PCRESONO. 6162 -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
following vote, to wit:
AYES: Chairperson Montgomery,
Dominguez, Heineman, Segal!
NOES:
ABSENT:
ABSTAIN:
J^^***~vrtk ^^tjp^^Lfw^J * ^^f ^m
MARTELL B. MONTOOMER^Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
^4xx ' bu
DON NEU
Assistant Planning Director
PCRESONO. 6162 -4-
6th day of September, 2006, by the
Commissioners Baker, Cardosa,
, and Whitton
'