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Home My WebLink About2008-03-05; Planning Commission; Resolution 63951 PLANNING COMMISSION RESOLUTION NQ^ 6395 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDOMINIUM PERMIT CP 05-11 TO SUBDIVIDE THE 3.05 4 ACRE SITE AND CONSTRUCT 35 RESIDENTIAL AIR-SPACE 5 CONDOMINIUM UNITS ON ONE HOA LOT ON PROPERTY GENERALLY LOCATED AT 2303 OCEAN STREET ON THE 6 NORTH SIDE OF OCEAN STREET AND WEST OF MOUNTAIN VIEW DRIVE WITHIN THE MELLO II 7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: OCEAN STREET RESIDENCES 9 CASE NO.: CP 05-11 10 WHEREAS, 2303 Investors, LP, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as 12 That portion of Lot "A" of Granville Park Unit No. 2 13 according to Map thereof No. 2037 and that portion of Laguna Drive of Granville Park adjacent thereto (vacated by 14 Resolution No. 918 of the City Council of the City of Carlsbad, California, recorded July 19, 1963 as Document No. 126793, Records of San Diego County California) according to Map 16 thereof No. 1782 - all in the City of Carlsbad, County of San Diego, State of California and filed in the Office of the County 17 Recorder of said County 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Condominium 20 Permit as shown on Exhibits "A" - "PP" dated March 5, 2008, on file in the Planning 21 22 Department, OCEAN STREET RESIDENCES - CP 05-11, as provided by Chapter 21.45 of 23 the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly 75 noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all 27 testimony and arguments, if any, of persons desiring to be heard, said Commission 28 considered all factors relating to the Condominium Permit. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct.4 <- B) That based on the evidence presented at the public hearing, the Commission APPROVES OCEAN STREET RESIDENCES - CP 05-11, based on the 6 following findings and subject to the following conditions: Findings: 1. That the proposed project complies with all applicable development standards included 9 within Chapter 21.45, Chapter 21.16, and Chapter 21.82, in that the project complies with the development standards of the R-3 zone, Beach Area Overlay Zone, and 10 Planned Development Ordinance (Carlsbad Municipal Code Chapter 21.45), including Table C and Table E of Chapter 21.45 and City Council Policy 66. . That the proposed project's density, site design, and architecture are compatible with surrounding development, in that the development of 35 residential air-space 13 condominium units is compatible in character and density with the surrounding condominium development, single family residential development, and multi-family 14 residential development. 3. The project complies with the additional regulations of the BAOZ to ensure that , proposed development is compatible with existing surrounding uses; to provide adequate parking for residential developments; to ensure that public facilities exist 17 to serve the beach area; and, to protect the unique mix of residential development and aesthetic quality of the area, based on the facts set forth in the staff report dated 18 March 5,2008. 4. All findings of Planning Commission Resolution No. 6394, for CT 05-12 are „„ incorporated herein by reference. 5. 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 22 to mitigate impacts caused by or reasonably related to this project, and the extent and the degree of exaction is in rough proportionality to the impact caused by the project. 23 ~. Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 26 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 28 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 PC RESO NO. 6395 -2- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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.4 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 6 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 7 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 9 regulations in effect at the time of building permit issuance. 10 4. If any condition for construction of any public improvements or facilities, or the payment 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 unless the City Council determines that the project without the condition complies with 13 all requirements of law. 14 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 16 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, 17 (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 facility of electromagnetic fields or other energy waves or emissions. This obligation 20 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 21 22 6. This approval is granted subject to the adoption and approval of the Ocean Street Residences Mitigated Negative Declaration and Mitigation Monitoring and 23 Reporting Program, CT 05-12, CDP 05-28 and is subject to all conditions contained in Planning Commission Resolutions No. 6393, 6394, and 6396 for those other approvals 24 incorporated herein by reference. 25 26 27 28 PC RESO NO. 6395 -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 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." 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 annul their imposition. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 5, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Montgomery, and Chairperson Whitton Commissioner Dominguez Commissioner Douglas "FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6395 -4-