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HomeMy WebLinkAbout2008-05-07; Planning Commission; Resolution 6348PLANNING COMMISSION RESOLUTION NO. 6348 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, DENYING CARLSBAD TRACT CT 06-16 FOR THE DEMOLITION OF A 3 RESTAURANT AND SINGLE FAMILY RESIDENCE AND TO ALLOW THE CONSTRUCTION OF A TWENTY-FIVE (25) 4 UNIT TIMESHARE CONDOMINIUM PROJECT ON ONE 5 ACRE OF LAND LOCATED ON THE SOUTH SIDE OF ADAMS STREET, BETWEEN HIGHLAND DRIVE AND PARK 6 DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE ONE. CASE NAME: CARLSBAD BOAT CLUB AND RESORT 7 CASE NO.: CT06-16 g WHEREAS, VIP Partners, "Developer/Owner," has filed a verified application 9 with the City of Carlsbad regarding property described as 10 Westerly half of Lot 7, Block D of Bella Vista Tract 2152 12 ("the Property"); and 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibits "A" - "P" dated May 7, 2008, on file in the Planning Department 15 CARLSBAD BOAT CLUB AND RESORT - CT 06-16, as provided by Chapter 20.12 of the 16 Carlsbad Municipal Code; and 17 WHEREAS, the Planning Commission did, on the 7th day of May, 2008, hold a18 ^9 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments of persons desiring to be heard, said Commission considered all factors relating to 22 the Tentative Tract Map; and 23 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, 24 held a duly noticed public hearing as prescribed by law to consider said request; and Z*O 25 WHEREAS, the Planning Commission and the surrounding neighbors expressed 27 concerns regarding the project's proposed intensity (number of units), bulk and size, and 2° resultant incompatibility with the surrounding residential neighborhood; and WHEREAS, since the applicant has not adequately addressed the intensity, bulk, 2 and architectural compatibility concerns of the Planning Commission, surrounding neighbors or 3 staff, staff continues to recommend denial of the project.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 DENIES CARLSBAD BOAT CLUB AND RESORT - CT 06-16, based on the following findings: 10 Findings: ^2 1 • That the proposed map and the proposed design and improvement of the subdivision as conditioned, is not consistent with and does not satisfy all requirements of the General 13 Plan in that the project has been determined to be incompatible with the adjacent single family residential neighborhood at the intensity, bulk, and scale of 14 development proposed and the project has the potential to generate noise (boat ., launch, boathouse and traffic) which would significantly impact adjacent and surrounding single family residences. 16 2. That the proposed project is not compatible with the surrounding future land uses since 17 surrounding properties are designated for Residential Low Medium Density development on the General Plan, in that the timeshare use at the intensity, bulk, and 1° scale proposed will be disruptive to the surrounding residential community by , g generating increased noise and traffic above and beyond what is typical for a single family residential neighborhood. 20 3. That the site is physically not suitable for the type and density of the development since 21 the site is not adequate in size and shape to accommodate commercial development at the intensity, bulk, and scale proposed, in that the project cannot adequately function without noise and traffic disruption by guest and service provider traffic to the 23 detriment of the surrounding residential neighborhood. 24 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 25 public at large, for access through or use of property within the proposed subdivision. 26 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1 965 (Williamson Act). 6. That the project is statutorily exempt from environmental review pursuant to 1 5270 of the PC RESO NO. 6348 -2- California Environmental Quality Act (CEQA) which states that CEQA does not apply to 2 projects which a public agency rejects or disapproves. 3 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and 4 ordinances. 5 NOTICE 6 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 o "fees/exactions." 9 You have 90 days from date of 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 12 annul their imposition. 13 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 i r 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6348 -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 7th day of May, 2008, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Montgomery, and Chairperson Whitton NOES: Commissioners Boddy and Douglas ABSENT: Commissioner Dominguez ABSTAIN: /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: x Uu DON NEU Planning Director PC RESO NO. 6348 -4-