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HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60181 PLANNING COMMISSION RESOLUTION NO. 6018 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDOMINIUM PERMIT CP 05-10 TO DEMOLISH THREE (3) 4 DWELLING UNITS AND CONSTRUCT TWO (2) RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A .13 ACRE SITE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF 6 HEMLOCK AVENUE BETWEEN CARLSBAD BOULEVARD AND GARFIELD STREET IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: HEMLOCK CONDOS 8 CASE NO.: CP 05-10 9 WHEREAS, Ed Mullen, "Applicant," has filed a verified application with the 10 City of Carlsbad regarding property owned by Khanna Makhachev, "Owner," described as j2 Lot 6 in Block E of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13 1747, filed in the Office of the County Recorder of San Diego County, February 5,1923 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Condominium 17 Permit as shown on Exhibits "A" - "M" dated January 18, 2006, on file in the Planning 18 Department, HEMLOCK CONDOS - CP 05-10 as provided by Chapter 21.45 of the Carlsbad 19 Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 18th day of January, 2006, 21 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Condominium Permit. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows:28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES HEMLOCK CONDOS - CP 05-10, based on the following findings and subject to the following conditions: 3 Findings;4 - 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 6 two residential airspace condominiums on the subject site conforms to all the design and development standards applicable to the property as contained in Chapter 7 21.45 of the Carlsbad Municipal Code. ° 2. That the proposed project's density, site design and architecture are compatible with o surrounding development, in that the surrounding development consists of single- family, two-family and multi-family projects, and the surrounding development of 10 the neighborhood is diverse in architectural style. 11 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 j., degree of the exaction is in rough proportionality to the impact caused by the project. 14 Conditions: 15 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 17 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 18 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 2Q 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 21 or a successor in interest by the City's approval of this Condominium Permit. 22 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 24 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 25 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. 27 4. If any condition for construction of any public improvements or facilities, or the payment 28 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 PCRESONO. 6018 -2- 66020. If any such condition is determined to be invalid this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 4 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 6 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- 7 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 9 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 10 validated. 11 6. This approval is granted subject to the approval of SDP 05-09 and CDP 05-25 and is j2 subject to all conditions contained in Planning Commission Resolutions No. 6017 and 6019 and for those other approvals incorporated herein by reference. 13 7. This approval is granted subject to the approval of Minor Subdivision MS 05-19 and is 14 subject to all conditions contained in the City Engineer's approval letter for those other . <• approvals incorporated herein by reference. 16 8. 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 17 such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement.18 19 9. 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 20 which is in conformance with the City approved documents and exhibits. 21 10. Developer shall establish a homeowner's association and corresponding covenants, ~~ conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the 23 Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning 24 Director. At a minimum, the CC&Rs shall contain the following provisions: 25 a. General Enforcement by the City. The City shall have the right, but not the 26 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 2° City in advance. If the proposed amendment affects the City, City shall have the right PCRESONO. 6018 -3- to disapprove. A copy of the final approved amendment shall be transmitted to City 2 within 30 days for the official record. 3 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the , City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 6 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 7 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 9 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 10 Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 13 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 14 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 15 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 17 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment 20 against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and 21 shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring 23 all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 24 accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 27 f. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit 28 PCRESONO. 6018 -4- 1 NOTICE 2 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 4 fees/exactions." 5 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 g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of January, 2006, by the following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 MARTELL B. MONTGOMERY, (fclTrperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DONNEU Assistant Planning Director PCRESONO. 6018 -5-