HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51671
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PLANNING COMMISSION RESOLUTION NO. 5167
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
DEVELOPMENT OF 5 AIRSPACE CONDOMINIUM UNITS
ON .31 ACRES ON PROPERTY GENERALLY LOCATED
ALONG THE EAST SIDE OF GARFIELD STREET TO THE
SOUTH OF CHESTNUT AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: OCEAN BREEZE CONDOS
CASE NO.: CP 01-04
WHEREAS, Garth Packard, “Developer,” has filed a verified application with
CONDOMINIUM PERMIT CP 01-04 TO ALLOW THE
the City of Carlsbad regarding property owned by Alan MacDonald, “Owner,” described as
Portion of Lots 3,4, and 5, block P of Palisades Map No. 1747,
City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder on March 13,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “M” dated April 3, 2002, on file in the Planning
Department, OCEAN BREEZE CONDOS - CP 01-04, as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April, 2002, 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 Condominium Permit.
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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES OCEAN BREEZE CONDOS - CP 01-04, based on the following
findings and subject to the following conditions:
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Findinm:
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All findings of Resolutions No. 5166 and 5168 for CT 01-11 and CDP 01-22 are
incorporated herein by reference.
That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan and all adopted plans of the City and other
governmental agencies, in that the 15.9 du/ac multi-family project is consistent with
the Residential High (RH) density land use designation and R-3 zoning and in
compliance with all applicable development standards and design criteria.
That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the multi-family project provides a higher
density residential land use thereby providing a balance of residential land uses and
is compatible with existing development in the surrounding community.
That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that the project is compatible with surrounding residential uses; provides
all necessary public improvements to serve the demand generated by the project; as
designed provides adequate setbacks, landscaping and circulation improvements;
and complies with all City ordinances and standards.
That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section
21.45.080, and has been designed in accordance with the concepts contained in the
Design Guidelines Manual, in that the development utilizes a creative site design
which is well integrated, oriented and related to the site and provides for adequate
circulation, off-street parking, usable private and common open space recreation
facilities, and other pertinent amenities.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that the site has been previously graded and is relatively level and contains no
natural resources or varied topography.
That the proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that the project design is consistent with
surrounding multiple family development, and the proposed density of 15.9 dwelling
units/acre is within the Residential High (RH) density range and does not exceed the
Growth Management control point.
That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project, in that the project has a private driveway
that provides direct access to subterranean resident and guest parking spaces.
PC RES0 NO. 5 167 -2-
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Conditions:
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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 Condominium Permit.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Condominium Permit document(s), necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall submit to the Planning Director a recorded copy of the
Condominium Plan which is in conformance with the City approved documents and
exhibits.
This approval is granted subject to the approval of CT 01-11 and CDP 01-22 and is
subject to all conditions contained in Planning Commission Resolutions No. 5166 and
5168 for those other approvals.
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
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
PC RES0 NO. 5 167 -3-
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10. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs
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 feedexactions. 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 feedexactions 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 3rd day of April, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
SEENA TRIGAS, Chairperson-
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOYZWLER
Planning Director
PC RES0 NO. 5 167 -4-