HomeMy WebLinkAboutCDP 02-05X2; KIRGIS SUBDIVISION; Admin Decision LetterAugust 25, 2008
Brian Hynek
8541 Melrose Way
Gilroy, CA 95020
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City of Carlsbad
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SUBJECT: CDP 02-05x2 -KIRGIS SUBDIVISION
The Planning Department has completed a review of your application for a Coastal
Development Permit Extension, CDP 02-05x2 -KIRGIS SUBDIVISION, located north of
Faraday Avenue at the southern terminus of Twain Avenue in the Mello II segment of the Local
Coastal Program and Local Facilities Management Zone 8. The project consists of the
subdivision and grading of 21.9 acres of land into five single-family residential lots, one Open
Space lot, and one private street lot. The project originally received approval of a Coastal
Development Permit on March 2, 2004 and, after a subsequent two-year extension, was due· to
expire on March 2, 2008. A request to extend the permit approval was submitted and
processed concurrently with the associated extension request for Tentative Tract Map CT 02-
06. After careful consideration of the circumstances surrounding this request, it has been
determined that (1) there has been no change of circumstances in relation to coastal resources
per Section 13169 of the California Code of Regulations and (2) that the findings required for
granting a Coastal Development Permit extension can be made; therefore, the Planning Director
retroactively APPROVES this request based on the following findings and conditions.
Findings:
1. All the findings contained in the City Council resolution No.2004-069 dated March 2,
2004 for CDP 02-05 are incorporated herein by reference and remain in effect.
2. That a two-year retroactive extension for CDP 02-05 is appropriate because the
owner/applicant is diligently pursuing finalizing all necessary permits and the project is
still consistent with the Coastal Development Permit regulations, and the extension will
allow the owner/applicant to preserve existing property entitlements while satisfying the
conditions for a seven lot subdivision.
Conditions:
1. This Coastal Development P~rmit extension is granted for a period of two (2) years from
the project expiration date of March 2, 2008 established for CT 02-06x1. This
approval is granted subject to all conditions contained in Planning Commission
Resolution No. 6440, dated August 20, 2008, for CT 02-06x2, incorporated herein by
reference. If a final map for this project is not obtained within this time period, the
Coastal Development Permit extension shall expire concurrently with CT 02-06x2 on
March 2, 2010.
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 s FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
. ;CQP.· 02:05~2 -KIRGIS SUBDIVISION
August25,2008
.:. Page 2
· 2. All th·e conditions contained in City Council resolution No. 2004-069 dated March 2,
2004, for CDP 02-05 are incorporated herein by reference and remain in effect, except
for (a) Condition No. 16 which is replaced with the following condition:
This approval shall become null and void upon the expiration of
Tentative Map CT 02-06x2.
This decision may be appealed by you or any member of the public to the Planning Commission
within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $598.50 plus .... noticing fee. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director until such time as a final decision on the appeal is reached. If you
have any questions regarding this matter, please feel free to contact Christer Westman at (760)
602-4614.
CITY OF CARLSBAD
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DON NEU
Planning Director
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c: Chris DeCerbo, Team Leader
Frank Jimeno, Project Engineer
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