HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 64261 PLANNING COMMISSION RESOLUTION NO. 6426
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDOMINIUM PERMIT CP 07-04 TO ALLOW FOR THE
4 DEMOLITION OF AN EXISTING TWO-FAMILY DWELLING
5 AND THE CONSTRUCTION OF FIFTEEN (15) ONE AND TWO
STORY RESIDENTIAL AIR-SPACE CONDOMINIUMS AND AN
6 UNDERGROUND PARKING GARAGE ON A .783 ACRE SITE
GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT
7 AVENUE, WEST OF LINCOLN STREET, AND EAST OF
GARFIELD STREET, IN THE MELLO II SEGMENT OF THE
8 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 1.
CASE NAME: WALNUT AVENUE CONDOMINIUMS
10 CASE NO.: CP 07-04
WHEREAS, BARON INVESTMENT GROUP, LLC, "Developer/Owner," has
12 filed a verified application with the City of Carlsbad regarding property described as
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A portion of Thum Lands, Tract 216, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of
San Diego County, December 9, 1915. Together with those
portions of Walnut Avenue and Lincoln Street vacated by
Resolution No. 96-59, a resolution of the City Council of the,
17 City of Carlsbad, a certified copy recorded April 2, 1996 as
File No. 1996-0163578 of Official Records, all as set forth in1 8 that certain Certificate of Compliance recorded April 18, 2007
19 as File No. 2007-0261639, 2007-0261640, and 2007-0261641 of
Official Records.
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Condominium
23 Permit as shown on Exhibits "A" - "EE" dated June 4, 2008, on file in the Planning
24 Department, WALNUT AVENUE CONDOMINIUMS - CP 07-04, as provided by Chapter
25 21.45 of the Carlsbad Municipal Code; and
26 WHEREAS, the Planning Commission did, on June 4, 2008, hold a duly noticed
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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
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Condominium Permit.
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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.
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B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES THE WALNUT AVENUE CONDOMINIUMS - CP 07-04,
based on the following findings and subject to the following conditions:
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Findings:11
, 2 1. That the proposed project complies with all applicable development standards
included within Chapter 21.45 of the Carlsbad Municipal Code, in that the fifteen
13 (15) unit airspace condominium project on the subject site complies with all
Planned Development design and development standards applicable to the
14 property, as detailed in the staff report of June 4, 2008.
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 19.16 dwelling
units/acre (15 dwelling units) is within the RH density range. The project is designed
17 to be consistent with applicable development standards and the stacked
condominium 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 June 4, 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
7, Projects, in that, the project is consistent with the General Plan & 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
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contained in this resolution, and hereby finds, in this case, that the exactions are imposed
2 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.
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Conditions:4
c Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever comes first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
7 implemented and maintained over time, if any of such conditions fail to be so
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
9 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
10 property title; institute and prosecute litigation to compel their compliance with said
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.
12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
13 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
14 shall occur substantially as shown on the approved Exhibits. Any proposed development,
<_ different from this approval, shall require an amendment to this approval.
16 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
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
19 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
20 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
23 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
24 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
26 (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
27 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
2° approval is not validated.
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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.
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9. This approval is granted subject to the approval of CT 07-10 and CDP 07-23 and is
subject to all conditions contained in Planning Commission Resolutions No. 6425 and
9 6427 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
1^ #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
, 9 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 No. 6426 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
25 authority to execute and record an amendment to the notice which modifies or terminates
2/r 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.
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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.
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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
<- 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 18.04.320.8
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.
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
"fees/exactions."
15 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
16 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
i o annul their imposition.
19 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
-1 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
22 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 June 4, 2008, by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and
Chairperson Whitton.
ABSENT: Commissioner Montgomery
ABSTAIN:
/RANK H. WHITTON, Chairperson^
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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