HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 61921 PLANNING COMMISSION RESOLUTION NO. 6192
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 05-05 TO
4 SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS
5 FOR 90 AIRSPACE CONDOMINIUM UNITS AND THREE
OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED
6 SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD
AND POINSETTIA LANE IN THE MELLO II SEGMENT OF
7 THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 21.
8 CASE NAME: POINSETTIA PLACE
9 CASE NO.: CP 05-05
10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a
11 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
12 Land Company, a California Limited Liability Co., "Owner," described as
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The north half of the southwest quarter of the southwest
14 quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Condominium
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19 Permit as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file
20 in the Planning Department, POINSETTIA PLACE - CP 05-05, as provided by Chapter 21.45
2* of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 15th day of November, 2006,
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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 testimony
26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Condominium Permit.
28 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
3 RECOMMENDS APPROVAL of POINSETTIA PLACE - CP 05-05, 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, in that the proposed project is consistent with all standards but
one of Chapter 21.45 of the Carlsbad Municipal Code.
2. That the proposed project's density, site design, and architecture are compatible with
9 surrounding development, in that the project consists of 60 airspace condominium
units with a density of 11.3 du/ac and 30 airspace condominium units with a density
10 of 25 du/ac. The project is compatible with the existing surrounding residential
developments which are primarily multi-family residential condominiums and
apartments at similar densities, site design, and architecture as the proposed
12 project.
13 3. That the minimum balcony dimensions for private Recreational Space per C.M.C.
Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that
standard and provide balconies for units in the podium building with the
.5 dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section
21.85.100 to allow standards modifications as an offset for the provision of seven
16 very-low and seven low-income housing units.
17 4. 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.
20 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
-- grading permit or recordation of a final map for CT 04-10, whichever occurs first.
23 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
24 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
26 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
27 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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
3 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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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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4. If any condition for-construction of any public improvements or facilities, or the payment
7 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
66020. If any such condition is determined to be invalid, this approval shall be invalid
9 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. 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
13 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
nondiscretionary, 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
16 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives uritil all legal proceedings have been concluded and continues even if the City's
17 approval is not validated.
I O 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
20 7. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, General Plan Amendment
21 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-
22 11, Carlsbad Tract Map CT 04-10, Hillside Development Permit HDP 04-05, Site
Development Plan SDP 04-07, Coastal Development Permit CDP 04-23, and Habitat
23 Management Plan Permit HMPP 06-08 and is subject to all conditions contained in
Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6191, 6193, 6194,6195,
24 and 6196 for those other approvals incorporated herein by reference.
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1 NOTICE
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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
14 Commission of the City of Carlsbad, California, held on the 15th day of November, 2006, by the
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following vote, to wit:
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AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and
17 Whitton
18 NOES: Commissioner Segall
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ABSENT: Chairperson Montgomery and Commissioner Heineman
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JULIE B^AJCEPJ), Vice Chairperson
23 CARLSBAD PLANNING COMMISSION
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26 DON NEU
Assistant Planning Director
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