HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55561
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PLANNING COMMISSION RESOLUTION NO. 5556
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 03-18 TO
ALLOW THE CONSTRUCTION OF 58 AIRSPACE CONDOMI-
NIUM UNITS ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF LA COSTA AVENUE EAST OF EL
CAMINO REAL AND WEST OF CASTILLA WAY WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA CONDOMINIUMS
CASE NO.: SDP 03-18
WHEREAS, Calso, LLC, “Owner/Developer,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in
the County of San Diego, State of California, According to
Map Thereof No. 6117, filed in the Office of the County
Recorder of San Diego, County, June 3,1968
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - ‘WW” dated February 4th, 2004 on file in the Planning
Department LA COSTA CONDOMINIUMS - SDP -03-18, as provided by Chapter 21.85 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February, 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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
18, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of LA COSTA CONDOMINIUMS - SDP 03-
Findings :
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 58 condominium units with nine (9) affordable
units is consistent with the land use designation and density allowed by the General
Plan and will help to meet the housing needs of the community. The project’s
proposed density of 11.48 du/ac is slightly below the Growth Management Control
Point density (11.5 du/ac) used for the purpose of calculating the City’s compliance
with Government Code Section 65584. However, consistent with Program 3.8 of the
City’s certified Housing Element, all of the dwelling units, which were anticipated
toward achieving the City’s share of the regional housing need that are not utilized
by developers in approved projects, are deposited in the City’s Excess Dwelling Unit
Bank. These excess dwelling units are available for allocation to other projects.
Accordingly, there is no net loss of residential unit capacity and there are adequate
properties identified in the Housing Element allowing residential development with
a unit capacity, including second dwelling units, adequate to satisfy the City’s share
of the regional housing need. The project is consistent with all City policies and
development standards including the goals, policies and objectives of the General
Plan.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards including the RD-M
Zone and the Planned Development Ordinance.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is consistent with the Planned
Development Ordinance in that the project provides required setbacks, landscaping
has been integrated throughout the site and the required recreation facilities and
RV storage are integrated into the site plan.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the subject site is accessed from La Costa
Avenue which is a fully improved public street and is adequate to accommodate the
traffic generated by this project.
The project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the Developer has been conditioned to enter into
an Affordable Housing Agreement to provide and deed restrict nine (9)
condominium units as affordable to lower income households for 30 years.
PC RES0 NO. 5556 -2-
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6. All findings of Resolution No. 5555 for CT 02-28 are incorporated herein by
reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a Final Map 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
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; institute and prosecute litigation to
compel their compliance with said 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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
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
different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and CT 02-28, CP 02-13, and
HDP 02-14 and is subject to all conditions contained in Planning Commission
Resolutions No. 5554, 5555, 5557 and 5558 for those other approvals incorporated by
reference herein.
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 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 feedexactions
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 feedexactions of which you have previously been given a
PC RES0 NO. 5556 -3-
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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 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5556 -4-