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HomeMy WebLinkAbout2007-05-16; Planning Commission; Resolution 62951 PLANNING COMMISSION RESOLUTION NO. 6295 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE TWO YEAR EXTENSION OF A 4 CONDOMINIUM PERMIT TO DEVELOP A 15-UNIT 5 AIRSPACE RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH ^ 6 SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA 7 STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. 8 CASE NAME: VISTA LA COSTA 9 CASE NO.: CP-04x01xl 10 WHEREAS, Abedi Family Trust, "Owner/Developer," has filed a verified * * application with the City of Carlsbad regarding property described as 12 All of Lots 376 and 377 of La Costa South Unit No. 5, 13 according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,1970 and 14 that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of 16 Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on 17 August 27, 1984 as File no. 84-325375 of Official Records of said San Diego County 18 , 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Condominium 21 Permit Extension as shown on Exhibits "A" - "U" dated January 5, 2005, on file in the 22 Planning Department, VISTA LA COSTA - CP 04-01, as provided by Chapter 21.45 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 16th day of May, 2007, hold a 25 duly noticed public hearing as prescribed by law to consider CP 04-Olxl; and 27 „ WHEREAS, at said public hearing, upon hearing and considering all testimony 2% and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit Extension; and WHEREAS, on January 5, 2005, the Planning Commission previously 2 approved CP 04-01 as described and conditioned in Planning Commission Resolution No. 3 5816. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES VISTA LA COSTA - CP 04-Olxl, based on the following findings and subject to the following conditions: 10 Findings; 12 1- All findings contained in Planning Commission Resolution No. 5816 dated January 5, 2005 for CP 04-01 are incorporated herein by reference and remain in effect. 13 2. That a two-year extension is appropriate and would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for a 15-unit airspace residential condominium project (CT 04-05 and CP 04-01). J. 0 3. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the Tentative Map. 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 18 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; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 22 recordation or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 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 25 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 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 28 or a successor in interest by the City's approval of this Condominium Permit extension. PC RESO NO. 6295 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. c 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 12 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 13 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 14 or 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 16 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 17 approval is not validated. 18 6. This approval is granted subject to the approval of CT 04-05x1 and is subject to all .„ conditions contained in Planning Commission Resolution No. 5815 for this other approval. 20 7. All the conditions contained in Planning Commission Resolution No. 5816 dated 21 January 5, 2005 for CP 04-01 are incorporated herein by reference and remain in effect.22 23 8. This approval shall become null and void upon the expiration of Tentative Map CT 04-05x1. 24 25 26, ''' 27 ... 28 PC RESO NO. 6295 -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 16th day of May, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, Whitton JULIE CARLSB ATTEST: Chairperson ANNING COMMISSION DONNEU Planning Director PC RESO NO. 6295 -4-