HomeMy WebLinkAbout2005-11-16; Planning Commission; Resolution 59981
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PLANNING COMMISSION RESOLUTION NO. 5998
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
DWELLING UNITS AND CONSTRUCT FOUR (4)
ACRE SITE LOCATED ON THE NORTHWEST CORNER OF
CHINQUAPIN AVENUE AND GARFIELD STREET, IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GARFIELD HOMES
CONDOMINIUM PERMIT CP 05-01 TO DEMOLISH TWO (2)
RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A .25
CASE NO.: CP 05-01
WHEREAS, GOFAT, LLC, “Developer/Owner,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 10 and the southerly 40 feet of the Lot 11 Block “1” of the
Palisades, in the City of Carlsbad, County of San Diego, State
of California, according to the map there of No. 1747 field in
the Office of County Recorder of San Diego County; February
5,1923
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condominium
Permit as shown on Exhibits “A” - “N” dated November 16, 2005,on file in the Planning
Department, GARFIELD HOMES - CP 05-01 as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of November, 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 GARFIELD HOMES - CP 05-01, 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 Chapter 21.45 of the Carlsbad Municipal Code, in that the proposed project of
four residential airspace condominiums on the subject site conforms to all the design
and development standards applicable to the property as contained in Chapter
21.45 of the Carlsbad Municipal Code.
2. That the proposed project’s density, site design and architecture are compatible with
surrounding development, in that the surrounding developments consist of both single
family and multi-family projects, and the surrounding development of the
neighborhood is diverse in architectural style.
3. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map.
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 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; 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. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
PC RES0 NO. 5998 -2-
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5.
6.
7.
8.
9.
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Condominium Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
This approval is granted subject to the approval of SDP 05-01 and is subject to all
conditions contained in Planning Commission Resolution No. 5997 for those other
approvals incorporated herein by reference.
This approval is granted subject to the approval of Minor Subdivision MS 05-01 and is
subject to all conditions contained in the City Engineer’s approval letter for those other
approvals incorporated herein by reference.
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.
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
“fee s/exac t ions. ”
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.
PC RES0 NO. 5998 -3-
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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 16th day of November 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
RTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5998 -4-