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HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64121 PLANNING COMMISSION RESOLUTION NO. 6412 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDOMINIUM PERMIT CP 07-05 TO DEMOLISH AN 4 EXISTING SINGLE-FAMILY RESIDENCE AND ASSOCIATED DETACHED GARAGE AND CONSTRUCT A FIVE-UNIT (5) RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 6 0.27 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF CHESTNUT AVENUE, EAST OF LINCOLN STREET, AND 7 WEST OF WASHINGTON STREET, IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN 8 LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: CHESTNUT FIVE CONDOMINIUMS CASE NO.: CP 07-05 10 WHEREAS, MARK GARDNER, "Developer/Owner," has filed a verified , ~ application with the City of Carlsbad regarding property described as 13 The Southwesterly half of the following described parcel of land: 14 All Of Tract 221 Of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map 16 thereof NO. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915; 17 Excepting from said Tract 221, the Southwest 100 feet. Also excepting the Northeast 10 feet thereof 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Condominium 21 - Permit as shown on Exhibits "A" - "R" dated April 16, 2008, on file in the Planning 23 Department, CHESTNUT FIVE CONDOMINIUMS - CP 07-05, as provided by Chapter 24 21.45 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Condominium Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. g B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CHESTNUT FIVE CONDOMINIUMS - CP 07-05, based on the following findings and subject to the following conditions: 10 Findings; 12 1- That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the five (5) 13 unit airspace condominium project on the subject site complies with all design and development standards applicable to the property as contained in Chapter 14 21.45 of the Carlsbad Municipal Code (CMC) as stated in the staff report. 2. That the proposed project's density, site design and architecture are compatible with 16 surrounding development, in that the project's proposed density of 18.52 dwelling units/acre (5 dwelling units) is within the RH density range and 0.13 dwelling units 17 below the GMCP. The site is designed to be consistent with applicable development standards and the two-story townhome architectural design is consistent with surrounding multiple-family development. 19 3. The project complies with the additional regulations of the BAOZ to ensure that 20 proposed development is compatible with existing surrounding uses; to provide adequate parking for residential developments; to ensure that public facilities exist 21 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 22 April 16, 2008. 23 4. That the Planning Director has determined that the project belongs to a class of projects 24 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 25 preparation of environmental documents pursuant to Section 15332, In-Fill Development ~6 Projects, in that, the project is consistent with the General Plan; the Zoning Ordinance; the project is within the City limits; is less than five (5) acres in size; and 27 is surrounded by urban uses. 28 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 PCRESONO. 6412 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map <-recordation or issuance of a grading permit, whichever comes first. 6 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 7 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 9 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 10 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. , 2 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 13 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, 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 16 regulations in effect at the time of building permit issuance. 17 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 in 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 20 all requirements of law. 21 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 23 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, 24 (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 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PCRESONO. 6412 -3- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7 9. This approval is granted subject to the approval of CT 07-13 and CDP 07-29 and is subject to all conditions contained in Planning Commission Resolutions No. 6410 and 9 6413 for those other approvals incorporated herein by reference. 10 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. .„ 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 13 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 14 facilities will continue to be available until the time of occupancy. 12, Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy jg #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 17 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 1 ° taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this , Q approval will not be consistent with the General Plan and shall become void. 20 13. Prior to final map recordation or issuance of a grading permit, whichever occurs first, the Developer shall submit to the City a Notice of Restriction executed by the 21 owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a 23 Condominium Permit by Resolution(s) No. 6412 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 24 project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates 2g said notice upon a showing of good cause by the Developer or successor in interest. 27 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 28 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. PCRESONO. 6412 -4- 15. Prior to occupancy of the first dwelling unit, the Developer shall provide all required 2 passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 3 16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal c Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 6 satisfaction of the Planning Director. 7 17. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. o 18. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 10 Director prior to installation of such signs. 19. Developer shall comply with all noise mitigation measures outlined in the noise 12 study prepared for the project titled "Chestnut Avenue Project Acoustical Analysis Report" prepared by Helix Environmental Planning, Inc. dated October 12, 2007, 13 for compliance with the Noise Insulation Standards, prior to the issuance of building permits. Future homes shall demonstrate that the proposed architectural 14 design would limit interior noise levels to 45 dBA CNEL or less and are consistent with the City of Carlsbad Noise Guidelines Manual. Architectural features such as sound attenuating walls, outlined in the above report, are needed to achieve the 16 exterior noise standard of 60 dBA CNEL shall be noted on the building plans. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 20 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 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 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, 26 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. PCRESONO. 6412 -5- 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 April 16, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Boddy ABSTAIN: /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6412 -6-