HomeMy WebLinkAbout2008-04-02; Planning Commission; Resolution 64041 PLANNING COMMISSION RESOLUTION NO. 6404
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDOMINIUM PERMIT CP 07-02 TO SUBDIVIDE 7.6 ACRES
4 INTO 12 LOTS, FOR THE DEVELOPMENT OF 38 DETACHED
5 AIRSPACE CONDOMINIUM UNITS WITHIN THE VILLAGES
OF LA COSTA GREENS NEIGHBORHOOD 1.3, ON PROPERTY
6 GENERALLY LOCATED ALONG THE EAST SIDE OF EL
CAMINO REAL, BETWEEN CAMINO VIDA ROBLE AND
7 CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE
8 10"8 CASE NAME: VILLAGES OF LA COSTA GREENS,
9 NEIGHBORHOOD 1.3
CASE NO.: CP 07-02 .
10
WHEREAS, Morrow Development, "Developer," has filed a verified application
i 2 with the City of Carlsbad regarding property owned by Real Estate Collateral Management
13 Company, "Owner," described as
14 Parcel 4 of Carlsbad Minor Subdivision No. MS 05-05 La
1 - Costa Greens, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 20174, filed
16 in the Office of the County Recorder of San Diego County,
December 20,2006.
17
("the Property"); and18
J9 WHEREAS, said verified application constitutes a request for a Condominium
20 Permit as shown on Exhibit(s) "A" - "MM" dated April 2, 2008, on file in the Planning
21 Department, VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 - CP 07-02, as
22 provided by Chapter 21.45 of the Carlsbad Municipal Code; and
23
WHEREAS, the Planning Commission did, on April 2, 2008, hold a duly noticed
24
public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Condominium Permit.
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 VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3
6 - CP 07-02, based on the following findings and subject to the following
conditions:
7
Findings:o
9 1. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the proposed project of 38 detached airspace
10 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 Chapters 4 and 5 of 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 proposed 38 detached single-family airspace
condominium units at 5 dwelling units per acre is compatible with the neighboring
14 General Plan Land Uses of Residential Low-Medium Density (RLM), Community
, <- Facilities (CF), and Open Space (OS). The site design utilizes fire suppression zones,
and architecture incorporates various fire management techniques to be compatible
16 with the adjacent open space. The architecture for the proposed homes are
designed in accordance with the Villages of La Costa Master Plan design guidelines
17 and development standards. Neighboring development will also be subject to the
same design regulations and will therefore be consistent architecturally with this
project.
19
3. The Planning Director has determined that:
20
a. The project is a subsequent activity of the Villages of La Costa Master
21 Plan (MP 98-01) for which a program EIR was prepared, and a notice for
~~ the activity has been given, which includes statements that this activity is
within the scope of the program approved earlier, and that the program
23 EIR adequately describes the activity for the purposes of CEQA
[15168(c)(2)and(e)];
.24
b. this project is consistent with the Master Plan cited above;
26 c. The Villages of La Costa Master Plan EIR 98-07 was certified in
connection with the prior plan;
27
d. the project has no new significant environmental effect not analyzed as
significant in the prior EIR;
PC RESO NO. 6404 -2-
e. none of the circumstances requiring a Subsequent EIR or a Supplemental
2 EIR under CEQA Guidelines Sections 1 5 1 62 or 1 5 1 63 exist;
3 4. The Planning Commission has reviewed each of the exactions imposed on the Developer
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:
o
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map or issuance of a grading permit, whichever occurs first.
9 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
10 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
property title; institute and prosecute litigation to compel their compliance with said
1 3 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Condominium Permit.
14
1 <. . 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
16 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
17 different from this approval, shall require an amendment to this approval.
1 8 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
1 9 regulations in effect at the time of building permit issuance.
20 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
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
unless the City Council determines that the project without the condition complies with
23 all requirements of law.
24 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
or indirectly, from (a) City's approval and issuance of this Condominium Permit,
27 (b) City's approval or issuance of any permit or action, whether discretionary 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
PC RESO NO. 6404 -3-
facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
3
6. This approval is granted subject to the approval of CT 07-05 and SUP 07-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 6403 and
<- 6405 for those other approvals incorporated herein by reference.
6 7. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
7 such rental shall be not less than 31 days. The CC&Rs for the project shall include this
0 requirement,o
9 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
10 which is in conformance with the City-approved documents and exhibits.
9. Prior to issuance of building permits, the project shall complete an interior noise
12 analysis compliant with the California Code of Regulations (CCR), Title 24, Noise
Insulation Standards, to demonstrate that the proposed architectural design limits
13 interior noise to 45 dBA CNEL or less.
14 NOTICE
15
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
16 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
lg 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
19 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
21 annul their imposition.
22 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,
23 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
25 expired.
26
27
28
PC RESO NO. 6404 -4-
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
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on April 2, 2008, by the following vote, to
wit:
AYES: Commissioners Boddy, Douglas, Montgomery, and Chairperson
Whitton
NOES: Commissioner Baker
ABSENT: Commissioners Cardosa and Dominguez
ABSTAIN:
FRANK WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6404 -5-