HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61781 PLANNING COMMISSION RESOLUTION NO. 6178
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDOMINIUM PERMIT TO DEMOLISH ONE SINGLE-
4 FAMILY HOME AND CONSTRUCT TWO (2) RESIDENTIAL
AIRSPACE CONDOMINIUMS ON A 0.43-ACRE SITE
LOCATED WEST OF OCEAN STREET AND NORTH OF
6 PACIFIC AVENUE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DONALD CONDOMINIUMS
8 CASE NO.: CP06-11
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WHEREAS, Eric Beck, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Peter and Mary Kay Donald, "Owner,"
12 described as
13 A portion of Lot 6 of Granville Park, in the City of Carlsbad,
County of San Diego, State of California, according to Map
14 thereof No. 1782, filed in the Office of the County Recorder of
San Diego County, February 21,1924
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Condominium
18 Permit as shown on Exhibits "A" - "K" dated October 18, 2006, on file in the Planning
19 Department, DONALD CONDOMINIUMS - CP 06-11, as provided by Chapter 21.45 of the
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Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 18th day of October, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Condominium Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES DONALD CONDOMINIUMS - CP 06-11, based on the
following findings and subject to the following conditions:
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<- Findings;
6 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
two 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.
9 2. That the proposed project's density, site design, and architecture are compatible with
10 surrounding development, in that the surrounding development consists of single-
family and multi-family projects, and the Army-Navy Academy 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
14 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.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
2Q 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
21 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
22 or a successor in interest by the City's approval of this Condominium Permit.
23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
24 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
25 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval shall require an amendment to this approval.
27 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.
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PCRESONO. 6178 -2-
4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
* 1 survives until all legal proceedings have been concluded and continues even if the City's
12 approval is not validated.
13 6. This approval is granted subject to the approval of SDP 05-17, HDP 05-13, and
CDP 05-52 and is subject to all conditions contained in Planning Commission
Resolutions No. 6175, 6176, and 6177 and for those other approvals incorporated herein
<, by reference.
16 7. This approval is granted subject to the approval of Minor Subdivision MS 05-31 and is
subject to all conditions contained in the City Engineer's approval letter for those other
17 approvals incorporated herein by reference.
18 8. This project is being approved as a condominium permit for residential homeownership
19 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
20 requirement.
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
which is in conformance with the City approved documents and exhibits.
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10. Developer shall establish a homeowner's association and corresponding covenants,
24 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
Developer shall provide the Planning Department with a recorded copy of the official
26 CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the•/ <=
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
PCRESONO. 6178 -3-
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
to disapprove. A copy of the final approved amendment shall be transmitted to City
3 within 30 days for the official record.
4 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
r that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
6 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
7 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
same be carried out by the Association within a period of thirty (30) days from the
9 giving of such notice, hi the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
10 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
1 Owners as provided herein.
12 d. Special Assessments Levied by the City. In the event the City has performed the
13 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
14 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
Project, together with a statement that if the Association fails to pay such invoice in
16 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
17 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,
° payment shall be deemed delinquent and shall be subject to a late charge in an amount
jo 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
20 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
21 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
shall be a continuing lien upon each Lot against which the special assessment is
23 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
24 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
25 accordance with the procedures set forth in Article of this Declaration.
26 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
27 landscape maintenance responsibilities shall be as set forth in Exhibit .
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f. Balconies, trellis and decks. The individual lot or unit owner allowances and
2 prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
3 M
4 NOTICE
5 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 fees/exactions. If
g 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
9 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 fees/exactions
12 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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on the 18th day of October, 2006, by the
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, 0 following vote, to wit:lo
19 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
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NOES:21
22
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MARTELL B. MONTqpDMERY,«airperson
CARLSBAD PLANNING COMMISSION
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28 DON NEU
Assistant Planning Director
PCRESONO. 6178 -5-