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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 10 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 16 WHEREAS, said verified application constitutes a request for a Condominium 17 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 23 WHEREAS, at said public hearing, upon hearing and considering all 24 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: 7 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; 13 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. 27 28 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." 8 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. 12 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6197 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: .* /U*jZZ^ 7*51 j®**J ^A MARTELL B. MONTCOMER\4"iairperson CARLSBAD PLANNING COMMISSION ATTEST:/™\ ^L^btf DON NEU Assistant Planning Director PCRESONO. 6197 -4- Cardosa,