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Home My WebLink About2007-02-21; Planning Commission; Resolution 62471 PLANNING COMMISSION RESOLUTION NO. 6247 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO YEAR EXTENSION OF A CONDOMINIUM PERMIT TO 4 DEVELOP A 58-UNIT RESIDENTIAL CONDOMINIUM 5 PROJECT ON AN 8.18 ACRE SITE' LOCATED ON THE SOUTH SIDE OF LA COSTA AVENUE, EAST OF EL CAMINO 6 REAL AND WEST OF CASTILLA WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. 7 CASE NAME: LA COSTA CONDOMINIMUMS 0 CASE NO.: CP 02-13x1 ____ 8 9 WHEREAS, Calso, LLC, "Developer/Owner," has filed a verified application 10 with the City of Carlsbad regarding property described as 1 ] Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in 12 the County of San Diego, State of California, According to map Thereof No. 6117, filed in the Office of the County Recorder of 13 San Diego County, June 3,1968 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Condominium 16 Permit as shown on Exhibits "A" - "WW" dated February 21, 2007, on file in the Planning 17 Department, LA COSTA CONDOMINIUMS - CP 02-13X1, as provided by Chapter 21.45 of18 in the Carlsbad Municipal Code; and 20 WHEREAS, on April 13, 2004, the City Council approved, CP 02-13, as 21 described and conditioned in City Council Resolution No. 2004-096; and 22 WHEREAS, the Planning Commission did on the 21st day of February 2007, 23 consider CP 02-13x1; and 24 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 27 relating to the Condominium Permit Extension; and 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES LA COSTA CONDOMINIUMS - CP 02-13x1, based on the 6 following findings and subject to the following conditions: 7 Findings: o 1. All the findings contained in City Council Resolution No. 2004-096 dated April 13, o 2004 for CP 02-13, and referenced in Planning Commission Resolution No. 5557, are incorporated herein by reference and remain in effect. 10 2. That a two-year extension is appropriate and would allow the owner/applicant to 11 preserve existing property entitlements while satisfying the conditions for a 58 unit residential airspace condominium project (CT 02-28, SDP 03-18, CP 02-13 and HDP 12 02-14). 13 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 14 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 15 degree of the exaction is in rough proportionality to the impact caused by the project. 16 Conditions: 17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 18 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 19 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 21 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 22 or a successor in interest by the City's approval of this Condominium Permit Extension. "" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 24 . and modifications to the Condominium Permit Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 25 Development 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. 28 PC RESO NO. 6247 -2- A 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 3 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 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 or indirectly, from (a) City's approval and issuance of this Condominium Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary 9 or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 all legal proceedings have been concluded and continues even if the City's approval is not validated. 13 6. This approval is granted subject to the adoption of an Addendum to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and 14 approval of CT 02-28x1, SDP 03-18x1, HDP 02-14x1 and HMPP 06-06 and is subject ,, to all conditions contained in Planning Commission Resolutions No. 6244, 6245, 6246, 6248 and 6249 for those other approvals. 16 7. All the conditions contained in City Council Resolution No. 2004-096 dated April 13, 2004 for CP 02-13, and referenced in Planning Commission Resolution No. 5557, are incorporated herein by reference and remain in effect.18 8. This approval shall become null and void upon the expiration of Tentative Map CT 02-28x1. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6247 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 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 21st day of February, 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Montgomery and Segall NOES: Commissioner Whitton ABSENT: Commissioners Dominguez and Douglas ABSTAIN: JULIE BAKEFL Chairperson CARLSBAaBLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 6247 -4-