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HomeMy WebLinkAbout2005-01-19; Planning Commission; Resolution 58261 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5826 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 04-08 TO DEVELOP A FIVE- UNIT MULTIFAMILY AIR-SPACE CONDOMINIUM ON PROPERTY GENERALLY LOCATED SOUTH OF OAK AVENUE, BETWEEN WASHINGTON STREET AND LINCOLN STREET, IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: OCEAN MIST CONDOS CASE NO.: CP 04-08 WHEREAS, Bovenzi Family Trust, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Portion of Tract 99 of Map No. 1661, Carlsbad Lands, filed in the Office of the County Recorder of San Diego County on March 1, 1915, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “A” - “L” dated January 19, 2005, on file in the Planning Department, OCEAN MIST CONDOS - CP 04-08 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of January, 2005, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission, APPROVES OCEAN MIST CONDOS - CP 04-08 based on the following findings and subject to the following conditions: Findings: 1. That the proposed project complies with all applicable development standards included within this chapter, in that the proposed driveway measures a minimum of 24 feet wide; all units include private rear yards, covered decks and roof decks; all units include 576 cubic feet of storage area; and the proposed structure includes at least three separate building planes per elevation as well as a variety of roof planes and stone veneer and wood siding accent materials. 2. That the proposed project’s density, site design and architecture are compatible with surrounding development, in that the site is surrounded by multifamily residential uses at similar densities to the proposed project and includes a masonry wall separating it from the adjacent commercial site. 3. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map, whichever occurs first. 1. 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 modi@ all approvals herein granted; deny or hrther condition issuance of all future building permits; deny, revoke or fwther condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 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. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. This approval is granted subject to the approval of CT 04-18 and CDP 04-36 and is subject to all conditions contained in Planning Commission Resolutions No. 5825 and 5827 for those other approvals incorporated herein by reference. ... PC RES0 NO. 5826 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 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. 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 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. *.. ... ... ... ... ... PC RES0 NO. 5826 -3- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 19th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: 9% JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5826 -4-