HomeMy WebLinkAbout2003-05-07; Planning Commission; Resolution 54091
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PLANNING COMMISSION RESOLUTION NO. 5409
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDO-
MINJUM PERMIT AMENDMENT CP 02-01(A) ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF LAGUNA
DRIVE AT THE NORTHERN TERMINUS OF MADISON
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CASA LAGUNA AMENDMENT
CASE NO.: CP 02-01(A)
WHEREAS, Merit Group Inc, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Casa Laguna Group Investors, LLC,
“Owner,” described as
Per the legal description attached to Planning Commission
Resolution No. 5408
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit Amendment as shown on Exhibits “A” - “D” dated May 7,2003, on file in the Planning
Department, CASA LAGUNA AMENDMENT CP 02-01(A) as provided by Chapter 21.45 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of May, 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 Amendment.
WHEREAS, on June 5,2002, the Planning Commission/City Council approved
CP 02-01, as described and conditioned in Planning Commission Resolution No. 5183.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CASA LAGUNA AMENDMENT - CP 02-01(A), based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all
adopted plans of the City and other governmental agencies, in that the proposed floor
plan modifications and setback reduction are just beyond staff's ability to approve
administratively, however they do not substantially alter the 12-unit project which
has already received final map approval pursuant to all applicable land use
designations, development standards and city policies.
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 proposed floor plan modifications and
setback reduction will add to the long-term usability of this affordable unit which is
currently approved as a one-bedroom unit but the proposal would add a second
bedroom. The second bedroom will allow for a caretaker of the primary resident to
reside onsite, or allow for a small family to reside onsite. The adjacent unit is also
an affordable restricted unit and features a studio floor plan. This proposal
increases the diversity of affordable unit types within the project.
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 proposed improvements will not threaten the compatibility of the
project with the existing neighborhood since the amendment proposal does not
significantly alter the approved 12-unit project.
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 project has already received final map approval (CT
01-16) pursuant to the Planning Commission's approval of June 5,2002, however,
the project is requesting a standards waiver for a reduction in the setback. This is
allowed by Section 21.45.090 of the zoning ordinance and implemented through
Resolution No. 5408 as part of the related Site Development Plan Amendment for
this project, SDP 01-15(A).
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 proposed improvements do not significantly alter the approved 12-
unit project and will not invoke significant new grading or natural resource impacts
since the site has already been entitled for the Casa Laguna project.
PC RES0 NO. 5409 -2-
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6. 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 proposed unit expansion and
setback reduction does not affect the approved project’s density, overall site plan or
architectural theme design.
7. That the project’s circulation system is designed to be efficient and well integrated with
the project and does not dominate the project, and will not be altered by the approval
and construction of the proposed improvements.
8. The findings for the original project approval of CP 02-01 contained in Planning
Commission Resolution No. 51 83 still pertain and are incorporated herein by
reference.
Conditions:
1. The conditions contained in Planning Commission Resolution No. 5408 for SDP 01-
15(A) for the Casa Laguna Amendment are hereby incorporated by reference.
2. This approval is granted subject to the approval of SDP 01-15(A) and CDP 01-42(A) and
is subject to all conditions contained in Planning Commission Resolutions No. 5408
and 5410 for those other approvals incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of May, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, White, and Whitton
NOES: Commissioner Dominguez
ABSENT: None
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMILW~
Planning Director
PC RES0 NO. 5409 -3-