HomeMy WebLinkAbout2006-11-01; Planning Commission; Resolution 61971 PLANNING COMMISSION RESOLUTION NO. 6197
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL,
PURSUANT TO SECTION 21.54.140 OF THE CARLSBAD
4 MUNICIPAL CODE, AND UPHOLDING A PLANNING
5 DIRECTOR DECISION TO DENY A CONDOMINIUM PERMIT
TO ALLOW THE CONVERSION OF A FOUR-UNIT
6 APARTMENT COMPLEX INTO CONDOMINIUMS ON A .32
ACRE SITE LOCATED AT 2565 ROMERIA STREET ON THE
7 NORTHWEST CORNER OF ROMERIA STREET AND LA
COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT
8 ZONE 6.
9 CASE NAME: ROMERIA
CASE NO.: CP 06-01
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WHEREAS, Gino DiFante, "Developer/Owner," has filed a verified application
12 with the City of Carlsbad regarding property described as
13 Lot 390 of La Costa South Unit No. 5, according to map
thereof No. 6660, filed in the Office of the County Recorder of
14 San Diego County, March 10,1970
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Condominium
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Permit as shown on Exhibits "A" - "G" dated November 1, 2006,on file in the Planning18
19 Department, ROMERIA - CP 06-01 as provided by Chapter 21.45 of the Carlsbad Municipal
20 Code; and
21 WHEREAS, the Planning Commission did, on the 1st day of November, 2006,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all
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testimony and arguments, if any, of persons desiring to be heard, said Commission
J-MlJ
25 considered all factors relating to the Condominium Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2** Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 DENIES THE APPEAL AND UPHOLDS THE DECISION OF THE
PLANNING DIRECTOR TO DENY ROMERIA - CP 06-01, based on the
3 following findings:
4 Findings;
1. That the proposed project does not comply with all applicable development standards
6 included within Chapter 21.45, in that the project does not meet the following Planned
Development standards:
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a) Per the Planned Development Ordinance (PD), Chapter 21.45 of the Carlsbad
Municipal Code (CMC), an average of 50% of the required 30 foot setback area
9 that is located closest to La Costa Avenue (secondary arterial) shall be landscaped to
enhance the streetscene and buffer homes from traffic. Project perimeter walls
10 cannot be located in this required 50% average landscape buffer area. The
landscaped buffer area shall contain a minimum of one 24" box tree for every 30
lineal feet of street frontage. The project currently does not meet this standard as
12 there is no landscape buffer provided and a 6 foot tall project perimeter wall is
located within the required landscape buffer setback area;
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b) The project does not meet the PD private recreational space standards for one of
the four units. Pursuant to the PD standards, each unit in projects of 1-10 dwelling
units in size must have a 15 foot x 15 foot patio or 120 square feet of balcony area to
satisfy the private recreational space standards. In addition, proposed balconies are
16 not allowed to project into a required setback area. Unit 4 does not comply with
these standards as the proposed 155 square foot balcony projects more than three
17 feet into the required 8' residence setback, which is measured from the edge of the
project driveway;
1 o
c) The existing structure does not meet the required PD project driveway setback
standards, which require residences to be set back 8 feet, fully landscaped, and
20 garages to be set back 5 feet with both setbacks to be measured from the project
driveway. The existing structure provides residence setbacks as little as 1.5 feet,
with no landscaping, and garages with setbacks as little as 1.5 feet (Unit 4 garage);
22 and
23 d) The project does not comply with the PD architectural design elements standards.
The project is required to provide at least three separate building planes on all
24 building elevations with a minimum 18 inches of offset in planes. Currently, the
project only provides three separate plans on the south (street) side facing elevation
with a minimum 18 inches of offset in the planes. However, the north, east and west
elevations do not meet this standard as they provide only 2 planes, instead of the
required 3 planes.
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PCRESONO. 6197 -2-
2. That the proposed project's density, site design and architecture are not compatible with
2 surrounding development, in that the neighborhood is developed with similar
multiple-family structures, however the proposed condominium conversion project
3 cannot meet the minimum development standards of the Planned Development
Ordinance.4
5 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
9 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
11 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO. 6197 -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 1st day of November 2006, by the
following vote, to wit:
AYES: Chairperson Montgomery, Commissioners Baker,
Dominguez, Heineman, and Segall
NOES:
ABSENT: Commissioner Whitton
ABSTAIN:
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7*51 j®**J ^A
MARTELL B. MONTCOMER\4"iairperson
CARLSBAD PLANNING COMMISSION
ATTEST:/™\
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DON NEU
Assistant Planning Director
PCRESONO. 6197 -4-
Cardosa,