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Home My WebLink AboutCDP 02-52X1; SEASHORE ON THE SAND; Admin Decision LetterDecember 12, 2006 Bob Ladwig 2234 Faraday Av Carlsbad CA 92008 • • City of Carlsbad Mn1 MM&n· ■ .z4 .1a,,, ,14 ". MINOR COAST AL DEVELO I NOTICE OF DECISION RE: CDP 02-52x1 -SEASHORE ON THE SAND The City has completed a review of the application for a Minor Coastal Development Permit Extension for the conversion of an existing 12 unit hotel into a 7 unit timeshare. It is the Planning Director's determination that the project, SEASHORE ON THE SAND, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development has received other discretionary approvals. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses. 5. That the request for a Minor Coastal Development Permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. 6. That the Planning Director has determined that the project is exempt from the requirements of the ·california Environmental Quality Act (CEQA) per Section 15303 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. The Planning Director 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 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. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit Extension, CDP 02-52x1, for the project entitled SEASHORE ON THE SAND (Exhibits "A"- 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cLcarlsbad.ca.us @ C~P 02-52x1 -SEASHORE' THE SAND December 12, 2006 • Page2 "F" dated June 23, 2004), on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit Extension documents, as necessary to make them 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 substantially different from this approval, shall require an amendment to this approval. 2. 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 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 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 conditions or seek damages for their violation. No vested rights are gained by Developer or a &uccessor in interest by the City's approval of this Minor Coastal Development Permit Extension. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit Extension documents, as necessary to make them 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 all requirements of law. 6. The 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 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 Minor Coastal bevelopment Permit Extension, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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 ~aves or emissions. 7. This approval shall become null and void if building permits are not issued for this project within 12 months from the date of project approval. 8. This approval is subject to the approval of CT 02~26x1 and CUP 02-30x1 and is subject to all conditions contained in Planning Commission Resolutions No. 6173 and 6174. • • CDP 02-52x1 -SEASHORE ON THE SAND December 12, 2006 Page 3 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by 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 taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 leg.al 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 ~tatute of limitations has previously otherwise expired. CITY OF CARLSBAD (17L DON NEU Assistant Planning Director DN:CS:bd c: Jeremy Riddle File Copy Data Entry