HomeMy WebLinkAbout2005-01-19; Planning Commission; Resolution 58261
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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.
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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.
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PC RES0 NO. 5826 -2-
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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.
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PC RES0 NO. 5826 -3-
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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-