HomeMy WebLinkAbout2008-05-07; Planning Commission; Resolution 63491 PLANNING COMMISSION RESOLUTION NO. 6349
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL OF A CONDITIONAL USE PERMIT FOR THE
4 DEMOLITION OF A RESTAURANT AND SINGLE FAMILY
5 RESIDENCE AND TO ALLOW THE CONSTRUCTION OF A
TWENTY-FIVE (25) UNIT TIMESHARE CONDOMINIUM
6 PROJECT ON ONE ACRE OF LAND LOCATED ON THE
SOUTH SIDE OF ADAMS STREET, BETWEEN HIGHLAND
7 DRIVE AND PARK DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE ONE.
8 CASE NAME: CARLSBAD BOAT CLUB AND RESORT
9 CASE NO.: CUP 06-16
10 WHEREAS, VIP Partners, "Developer/Owner," has filed a verified application
* with the City of Carlsbad regarding property described as
12 Westerly half of Lot 7, Block D of Bella Vista Tract 2152
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
16 Permit as shown on Exhibits "A" - "P" dated May 7, 2008, on file in the Planning Department,
17 CARLSBAD BOAT CLUB AND RESORT - CUP 06-16, as provided by Chapter 21.42
1 O and/or 21.50 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 7th day of May, 2008, hold a
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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
23 and arguments of persons desiring to be heard, said Commission considered all factors relating to
24 the Conditional Use Permit; and
25 WHEREAS, the Planning Commission did, on the 7th day of November, 2007,
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held a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, the Planning Commission and the surrounding neighbors expressed
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concerns regarding the project's proposed intensity (number of units), bulk and size and resultant
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incompatibility with the surrounding residential neighborhood; and.
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<- WHEREAS, since the applicant has not adequately addressed the intensity, bulk,
6 and architectural compatibility concerns of the Planning Commission, surrounding neighbors or
7 staff, staff continues to recommend denial of the project.
8 . NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
,2 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS DENIAL of CARLSBAD BOAT CLUB AND RESORT -
13 CUP 06-16, based on the following findings:
Findings:
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1. That the requested use is not necessary or desirable for the development of the
community in that the timeshare use does not provide any services to other uses
16 within the community, is not in harmony with the various elements and objectives of
the General Plan in that the use would be detrimental to the existing surrounding
17 residential uses specifically permitted in the zone in which the proposed use is located,
in that the proposed timeshare project at the intensity, bulk and scale of
development proposed is not compatible with the existing surrounding single family
19 residential uses in addition to generating increased traffic on residential streets and
noise associated with the timeshare operation. The project will generate 200
20 Average Daily Trips (ADT) which will traverse through existing residential
neighborhoods. The existing site presently generates 10 ADT as a restaurant (which
2 is closed) and a single family residence and possibly a few more depending on the
22 private boat club member's boat launching activity.
23 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed building, required parking, and landscaping can fit within the
24 boundaries of the developable portion of the property with no need to encroach into
required setbacks. The project has a building coverage of 42% when 75% is
allowed.
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
27 adjust the requested use to existing or permitted future uses in the neighborhood have not
been provided and maintained, in that the project has been determined to be
incompatible because of the intensity, bulk and scale of development proposed and
PC RESO NO. 6349 -2-
cannot be adjusted by walls, fences, landscaping or other features to make the
2 project compatible with the surrounding residential neighborhood.
3 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access to the site is by way of Adams Street.
Adams Street is adequate in size to handle the proposed traffic generated by the
r proposed timeshare use. However, all of the traffic to and from the site will need to
traverse through residential single family neighborhoods which will negatively
6 impact the neighborhoods with increased noise and traffic.
5. That the time-share project is located in reasonable proximity to an existing resort or
public recreational area and, therefore, can financially and geographically function as a
successful time-share project and that the project will be disruptive to existing or future
9 uses in the surrounding neighborhood in that the project at the intensity, bulk and
scale of development proposed is not compatible with the existing surrounding
10 single family residential neighborhood. The project is located adjacent to the Agua
Hedionda Lagoon which provides recreational activities for water sports such as
boating, sailing, fishing, and kayaking. Water access from the site would allow the
12 aquatic activities.
13 NOTICE
14 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
15 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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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
19 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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,
22 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
23 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
24 expired.
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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:
DON NEU
Planning Director
PC RESO NO. 6349 -4-