HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53201
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PLANNING COMMISSION RESOLUTION NO. 5320
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA7 RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 02-05 TO
ALLOW THE CONSTRUCTION OF A 5 1-UNIT SENIOR
HOUSING AIRSPACE CONDOMINIUM ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
JEFFERSON STREET, NORTH OF LAGUNA DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: VILLA FRANCESCA
CASE NO.: CP 02-05
WHEREAS, Anthony De Leonardis, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 6, 7, 8, 9, 10, and 11, in Block 1 of Sunny Slope Tract, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No 486, filed in the Office of the
County Recorder of San Diego County, February 7,1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A-B” and “F-Q” dated December 18, 2002, and revised
Exhibits “C, D, and E” dated February 5, 2003, on file in the Planning Department, VILLA
FRANCESCA - CP 02-05, as provided by Chapter 21.45 and Section 21.18.045(a) of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December, 2002
and on the 5th day of February, 2003 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.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLA FRANCESCA - CP 02-05, based on
the following findings and subject to the following conditions:
FindinPs:
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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 General Plan and Zoning Ordinance allow an
increase in density for affordable housing and senior housing projects, therefore,
with approval of the requested density increase, the 61 du/ac senior housing
condominium project will be considered consistent with the adopted plans of the
City. The project complies with the R-3 zoning standards and is incompliance with
the senior citizen housing 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 senior housing project provides housing
designed to meet the needs of senior residents and is a housing type that is needed
for the development of the community. The site is in a desirable location due to its
close proximity to the Carlsbad Village area and Senior Center, the site will
incorporate a bus stop within the project frontage, and the site is level and suitable
for development of this type. The project is compatible with the surrounding
neighborhood which consists of single-family and multi-family residential projects.
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 51-unit senior citizen airspace condominium meets or exceeds all of
the minimum development standards set forth in Chapter 21.18.045 which sets forth
the mechanisms and standards for the development of rental or for-sale senior
housing.
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 can
accommodate the proposed development consisting of a three-story building and
underground parking garage. The site contains no natural resources or varied
natural 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 the
height, mass and scale of many of the nearby multi-family projects and is consistent
with the density allowed for other nearby senior citizen housing projects. The
project exceeds the density permitted by the RMH General Plan designation by 42
units, however, the increased density is permitted pursuant to Chapter 21.53. The
PC RES0 NO. 5320 -2-
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project is also consistent with Council Policy 43 priorities in that is a first and
second priority project since it will provide 15.7% of the housing units for low
income households, 35.3% of the units for moderate income households, and the
project will be developed as senior housing.
7. 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 the underground resident and guest parking spaces.
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.
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 which is in conformance with the City approved documents and
exhibits.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CT 02-10, SDP 02-04 and CDP
02-15 and is subject to all conditions contained in Planning Commission Resolutions No.
5318,5319,5321 and 5322 for those other approvals incorporated by reference herein.
PC RES0 NO. 5320 -3-
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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 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 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 5th day of February, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None m IE AKER, Chairperson WAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5320 -4-