HomeMy WebLinkAbout1997-11-05; Planning Commission; Resolution 4182*
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PLANNING COMMISSION RESOLUTION NO. 4182
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FAMILY DETACHED CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED ON THE NORTHWEST
CORNER OF HARWICH DRIVE AND EDGEWARE WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 7
CASE NAME: CALAVERA HILLS VILLAGE L- 1
CASE NO.: CP 97-02
WHEREAS, Clurman Company, Inc., “Developer”, has filed a ve:
application with the City of Carlsbad regarding property owned by Clurman Company
“Owner”, described as
CONDOMINIUM PERMIT CP 97-02 TO DEVELOP 35 SINGLE
Lot 1 of Carlsbad Tract No. 85-30 in the City of Carlsbad,
County of San Diego, State of California; According to Map
No. 11826, Filed in the Office of the County Recorder of San
Diego County May 29,1987.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condomi!
Permit as shown on Exhibit(s) “A” - “Q” dated November 5, 1997, on file in the Plan
Department, Condominium Permit CP 97-02 as provided by Chapter 21.45 of the Carl
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of November 1
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 testirr
and arguments, if any, of persons desiring to be heard, said Commission considered all fac
relating to the Condominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Condominium Permit CP 97-02 , based on the following fir
and subject to the following conditions:
Findings: -
1. That the granting of this permit will not adversely affect and will be consistent
Chapter 21.45 of Title 2 1, the General Plan, applicable specific plans, master plan:
all adopted plans of the City and other governmental agencies, in that the 8.3 du
residential condominium project is consistent with the RMH General
designation, the project complies with the Calavera Hills Master Plan
development standards of the RD-M zone, and the Planned Development Ordi~
except as discussed in finding #8 below, and all other applicable City plans, PC
standards and guidelines.
2. That the proposed use at the particular location is necessary and desirable to prov
service or facility which will contribute to the long-term general well-being o
neighborhood and the community, in that the property is designated for Residr
Medium-High (RMH) density uses in the General Plan, the proposed residr
project is consistent with this land use designation, and the developmen
proposed, is compatible with surrounding residential uses and is necessal
continue the balance of land uses in the City.
3. That such use will not be detrimental to the health, safety, or general welfare of pe
residing or working in the vicinity, or injurious to property or improvements i
vicinity, in that this residential project is compatible with the surrounding residr
uses, provides all necessary public improvements to serve the demand generate
the project, as designed, provides adequate setbacks, landscaping and roac
improvements, and complies with all required City standards and ordinances er
as discussed in finding #8 below.
4. That the proposed Planned Development meets all of the minimum develop
standards set forth in Chapter 21.45.090 except as discussed in finding #8, the dl
criteria set forth in Section 21.45.080, and has been designed in accordance wit1
concepts contained in the Design Guidelines Manual, in that 35 detached condomil
units with adequate exclusive use yard areas have been creatively designed arou
private loop street and adequate resident and guest parking, common recrea
and building setbacks have been incorporated into the project.
5. That the proposed project is designed to be sensitive to and blend in with
natural topography of the site, and maintains and enhances significant nal
resources on the site, in that the proposed 35 residential units would
accommodated on the existing level areas of the property without encroaching
the steep coastal sage covered slopes located in the western portion of the site.
PC RES0 NO. 4182 -2-
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6. That the proposed project's design and density of the developed portion of the !
compatible with surrounding development and does not create a disharmonio
disruptive element to the neighborhood, in that the proposed 35 two story deta
single family condominium units would be visually and operationally less inte1
and therefore, compatible with the duplex condominiums to the north, the n
family units to the west and future residential uses to the south and east.
detached residential condominium units include considerable facade articulr
single story elements, varied rooflines and sufficient architectural accent fea
and building forms to provide pedestrian scale and visual interest both fron
private streets within the project and the perimeter public streets.
7. That the project's circulation system is designed to be efficient and well integrated
the project and does not dominate the project, in that the proposed 24 foot wide dc
loaded private street is efficiently laid out in a loop configuration wherebJ
predominant visual focus for residents and guests is the well articulated deta
single family units and the landscaped front and street side yard setbacks.
8. Consistent with Chapter 21.85 of the Carlsbad Municipal Code, this proje
providing five affordable housing units. Pursuant to Section 21.53.120(c) oi
Carlsbad Municipal Code, in order to provide these affordable housing units, t
development standards modifications (economic incentives) are being reque
The proposed development standards modifications and findings of approva
each are as follows:
a. The existing Planned Development Ordinance requires at a minimum 30
wide private streets/driveways, however, the project's proposed 24 foot '1
private street would be adequate to provide safe and efficient tr
circulation, vehicle turn movements and emergency access. The C
Parking Ordinance requires a minimum standard width of 24 feet for a
way traffic aisle containing 90 degree parking on both sides. A 24 foot L
driveway aisle provides adequate separation and distance for vehi
backing out of garages and guest parking spaces and adequate separation
two-way traffic. Prior to January, 1987 the City's Planned Developn
Ordinance permitted 24 foot wide private streetddriveways in Reside]
Planned Unit Developments. Under this old ordinance, the existing m
family projects surrounding Village L-1 in Calavera Hills were develc
with 24 foot wide private streets/driveways. Based on these neighbo.
residential developments, the 24 foot wide driveways have been pro
functional and historically have not resulted in traffic circulation and pu
safety problems.
b. The existing Planned Development Ordinance requires that garages 7
entries that face directly onto a public or private street shall maintai
minimum setback of 20 feet. This 20 foot minimum garage setback stand
ensures that resident or guest vehicles which are parked in such drivew
do not encroach into the right-of way of the fronting public or private str
PC RES0 NO. 41 82 -3-
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However, based upon the fact that the average motor vehicle (exch
recreational vehicles) measures between 15 feet and 17 feet in length
proposed minimum 18 foot garage setback would be adequate to allol
the typical resident or guest motor vehicle to be parked in the driw
without encroaching into the private streets or sidewalks. Additionally, :
the project units shall be conditioned to be equipped with garage
openers.
c. This project proposes exclusive use areas (lots) which average 3,500 sq
feet in area but do not comply with the 3,500 square foot minimum lot
However, this reduced lot size will not result in any impacts to public hc
safety and welfare and will accomplish the General Plan (Housing Elen
objective of providing a diversity of housing types for lower-inc
households.
Conditions:
1. The Planning Commission does hereby APPROVE (of) the Condominium Permit fa
project entitled Calavera Hills Village L-1 (Exhibit(s) "A"-"Q" dated Novemb
1997, on file in the Planning Department and incorporated by this reference, subjel
the conditions herein set forth.) Staff is authorized and directed to make, or rec
Developer to make, all corrections and modifications to the Condominium Pe
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown in
approved Exhibits. Any proposed development substantially different from this apprc
shall require an amendment to this approval.
2. If any of the foregoing conditions fail to occur; or if they are, by their terms, tc
implemented and maintained over time; if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the rig1
revoke or modify all approvals herein granted; deny or further condition issuance o
hture building permits; deny, revoke or further condition all certificates of occupl
issued under the authority of approvals herein granted; institute and prosecute litigatic
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City's approvk
this Resolution.
3. The Developer shall comply with all applicable provisions of federal, state, and 11
ordinances in effect at the time of building permit issuance.
4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of
Site Plan as approved by the final decision making body. The Site Plan shall refleci
conditions of approval by the City. The Plan copy shall be submitted to the (
Engineer and approved prior to building, grading, final map, or improvement I
submittal, whichever occurs first.
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5. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced, legible version of the approving resolutions on a 24" x 36" blueline dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal Develor
Permit and signed approved site plan.
6. This project is being approved as a. condominium permit for residential homeowne
purposes. If any of the units in the project are rented, the minimum time increme1
such rental shall be not less than 26 days. The CC&Rs for the project shall includc
requirement.
7. Approval of CP 97-02 is granted subject to the approval of CT 97-04 and SDP 9
CP 97-02 is subject to all conditions contained in CT 97-04 and SDP 97-03 Plar
Commission Resolutions 4181 and 4183 for the Tentative Map and Site Develop]
Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the plar
Commission of the City of Carlsbad, California, held on the 5th day of November 1997, b
following vote, to wit:
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AYES: Chairperson Nielsen, Commissioners, Compas, Heinel
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
20 l9 @- 21 ROBERT NIELSEN, Chairperson
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CARLSBAD PLANNING COMMISSION
ATTEST: ,
MICHAEL J. MLZ~LER
Planning Director
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