HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 4730t 0 0
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PLANNING COMMISSION RESOLUTION NO. 4730
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED
UNIT DEVELOPMENT PERMIT/CONDOMINIUM PERMIT PUD
THE SOUTH SIDE OF CHINQUAPIN AVENUE BETWEEN
GARFIELD STREET AND THE AT&SF RAILROAD IN LOCAL
CASE NAME: CARLSBAD BEACH ESTATES
CASE NO.: PUD 99-01/CP 00-01
WHEREAS, Merit Group, Inc., “Developer”, has filed a verified applicat
with the City of Carlsbad regarding properties owned by H. David Buckmaster and Patricia
Buckmaster (tenants in common) and by Carlsbad Beach Group Investors LLC, “Ownel
described as
99-01/CP 00-01 ON PROPERTY GENERALLY LOCATED ON
FACILITIES-MANAGEMENT ZONE 1.
The southwesterly 63 feet of Lot 6 and all of Lot 7, Block T, of
Palisades Unit No. 2, in the City of Carlsbad, County of San
Diego, State of California, according to Map 1803, filed August
25,1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned L
Development Permit/Condominium Permit as shown on Exhibits “A” - “R” dated March
2000, on file in the Planning Department, CARLSBAD BEACH ESTATES - PUD 99-01!
00-01 as provided by Chapter 2 1.45/2 1.47 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, h
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of persons desiring to be heard, said Commission considered all fact
relating to the Planned Unit Development PennKondominium Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows:
a 0
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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 Commiss
APPROVES CARLSBAD BEACH ESTATES - PUD 99-O1/CP 00-01, ba:
on the following findings and subject to the following conditions:
Findings:
1. That the granting of this permit will not adversely affect and will be consistent with
Municipal Code, the General Plan, applicable specific plans, master plans, and
adopted plans of the City and other governmental agencies, in that the proposed proj
is consistent with the RH and RMH residential General Plan designations on the !
and the RD-M zoning on the site, and is consistent with the applicable PUD/
regulations, and is not subject to any specific plan or master plan.
2. That the proposed use at the particular location is necessary and desirable to providl
service or facility which will contribute to the long-term general well-being of
neighborhood and the community, in that the project provides residential housi
which is compatible with the surrounding residential development.
3. That such use will not be detrimental to the health, safety, or general welfare of persc
residing or working in the vicinity, or injurious to property or improvements in ’
vicinity, in that the proposed use is a residential use of a scale similar to surroundi
residential uses, the residential use poses no threat to surrounding uses by
nature, and the proposed project (including the circulation system) has bc
designed to meet all applicable City regulations and standards.
4. That the proposed Planned Development/Condominium meets all of the minim1
development standards set forth in Chapter 21.45.090, the design criteria set forth
Section 21.45.080, and has been designed in accordance with the concepts contained
the Design Guidelines Manual, in that the project satisfies all applicable requireme]
for setbacks, landscaping, resident and guest parking, private and comm
recreation areas, and RV parking areas, and is designed to be compatible w
surrounding developments and to comply with the applicable architectul
guidelines.
5. That the proposed project is designed to be sensitive to and blend in with the natu
topography of the site, and maintains and enhances significant natural resources on 1
site, in that there are no slopes and no natural resources on the project site.
6. That the proposed project’s design and density of the developed portion of the site
compatible with surrounding development and does not create a disharmonious
disruptive element to the neighborhood, in that the proposed project provides sing
family detached residences on individual lots near the street frontage and adjacc
to other single-family detached developments and provides single-family attach
residences on the interior of the site adjacent to neighboring single-family attach
developments, thus maintaining compatibility with all surrounding developments.
7. That the project’s circulation system is designed to be efficient and well integrated w
the project and does not dominate the project.
PC RES0 NO. 4730 -2-
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Conditions:
1. This approval is granted subject to the approval of CT 99-01, SDP 99-02, and CDP !
02 and is subject to all conditions contained in Planning Commission Resolutions ]I
4727 (Neg Dec), 4728,4729, and 4731 for those other approvals.
2. No replacement or remodeling of the existing single-family structure (curren
addressed as 265 Chinquapin Avenue) being retained on the project site are allow
without the prior approval of a PUDICP Amendment, and any new or remodel
structure must comply with all applicable PUD/CP standards in place at the time
such replacement or remodeling.
3. No room additions are allowed in this project without the prior approval oj
PUD/CP Amendment.
4. No decks, balconies, or patios other than those shown on the approved exhib
(Exhibits E, G, I, L, and N) are allowed in this project without the prior approval
a PUD/CP Amendment.
5. The Condominium Plan filed with the State shall be in conformance with t
Tentative Map approval and the Condominium Permit.
6. Prior to the issuance of the first Building Permit, the Developer shall provide to t
Planning Director a copy of the Department of Real Estate-approved Condominib
Plan which is in conformance with the City-approved plans and exhibits.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fet
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sectic
66020(a), and file the protest and any other required information with the City Manager f
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannin
zoning, grading or other similar application processing or service fees in connection with tk
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been givc
a NOTICE similar to this, or as to which the statute of limitations has previously othenvi!
expired.
1 PC RES0 NO. 4730 -3-
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e 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the plann:
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
LkLh?&?rn ,b&
WILLIAM COMPAS, Chairpdson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
Planning Director
PC RES0 NO. 4730 -4-