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Home My WebLink About2007-01-03; Planning Commission; Resolution 62261 PLANNING COMMISSION RESOLUTION NO. 6226 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDOMINIUM PERMIT TO DEVELOP A 9-UNIT 4 RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON A .72 ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF ROMERIA STREET AND GIBRALTAR STREET IN 6 LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: ROMERIA POINTE CONDOMINIUMS 7 CASE NO.: CP06-15 8 WHEREAS, BNR Investment and Development, LLC, "Developer/Owner," 9 has filed a verified application with the City of Carlsbad regarding property owned by described 10 as11 i 2 Lot 393 of La Costa South Unit No. 5 according to Map thereof No. 6600 filed in the Office of the County Recorder, March 10, 13 1970, being in the City of Carlsbad, County of San Diego, State of California 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Condominium 17 Permit as shown on Exhibits "A" - "H" dated January 3, 2007, on file in the Planning 18 Department, CP 06-15 - ROMERIA POINTE CONDOMINIUMS, as provided by Chapter 19 21.45 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007, 21 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; and 26 WHEREAS, on January 3, 2007, the Planning Commission approved 27 CP 06-15, as described and conditioned in Planning Commission Resolution No. 6226. 28 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 CP 06-15 - ROMERIA POINTE CONDOMINIUMS, based on the following findings and subject to the following conditions:4 c- Findings: 6 1. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the 9 unit airspace condominium project on the subject site conforms with all design and development standards applicable to the property as contained in Chapter 21.45 of the Carlsbad Municipal Code (CMC) as stated 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 project's proposed density of 16.98 dwelling units/acre (9 dwelling units) is within the RH density range and 1.07 dwelling units below the GMCP. The site is designed to be consistent with applicable developments standards and the three-story townhome architectural design is consistent with surrounding multiple-family development. 13 Conditions:14 . - Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of final map or grading permit, whichever comes first. 16 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 17 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 20 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 21 or a successor in interest by the City's approval of this Condominium Permit. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 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 24 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 26 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. 27 4. If any condition for construction of any public improvements or facilities, or the payment 2° 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 PC RESO NO. 6226 -2- 66020. If any such condition is determined to be invalid, this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 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 and costs, including court costs and attorney's fees incurred by the City arising, directly 6 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 7 nondiscretionary, 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 9 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 10 approval is not validated. 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map/Site Plan reflecting the conditions approved by the final decision- making body. 13 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 14 Director from the School District that this project has satisfied its obligation to provide school facilities. 15 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that 17 Plan prior to the issuance of building permits. 1 O 9. This approval is granted subject to the approval of CT 06-22 and is subject to all conditions contained in Planning Commission Resolution No. 6225 for those other approvals incorporated herein by reference. 20 10. Building permits will not be issued for this project unless the local agency providing 21 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 23 facilities will continue to be available until the time of occupancy. 24 11. Approval is granted for CP 06-15 as shown on Exhibits "A" - "H", dated January 3, 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these ~r conditions,zo 27 28 PC RESO NO. 6226 -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 "fees/exactions." 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 1 A Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007, by the following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Douglas, S.egall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAJB&. flfeiW'M22 23 MARTELL B. MONTGOMERY, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 n DON NEU2RAssistant Planning Director PC RESO NO. 6226 -4-