HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 47420 e
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PLANNING COMMISSION RESOLUTION NO. 4742
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-33 TO ALLOW
THE DEMOLITION OF A TWO-FAMILY RESIDENCE AND
CONSTRUCTION OF A NEW TWO UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF GARFIELD STREET AND
JUNIPER AVENUE IN THE BEACH AREA OVERLAY ZONE
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DAKMIN CONDOS
CASE NO. : CDP 99-33
WHEREAS, Dakmin Inc., “Developer”/”Owner’y has filed a verified applicatj
with the City of Carlsbad regarding property described as
Lot E, Block 2, Palisades Heights, Map 1777
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa:
Development Permit as shown on Exhibits 66A” - “E” dated March 15, 2000, on file in
Planning Department, DAKMIN CONDOS, CDP 99-33 as provided by Chapter 21.201.040
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hl
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows:
I A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES DAKMIN CONDOS, CDP 99-33 based on the following findi:
and subject to the following conditions:
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Findinys:
1. That the proposed development is in conformance with the Certified Local Coas
Program and all applicable policies in that the site is designated for single family
multiple family residential developments and the development consists of 1
demolition of a two-family residence and construction of a new two u
condominium project on a previously subdivided lot; the development does I
obstruct views of the coast line as seen from public lands or public right of way
otherwise damage the visual beauty of the coastal zone; and no agricultu
activities, sensitive resources, geological instability or coastal access opportunit
exist on site.
2. The project is consistent with the provisions of the Coastal Resource Protecti
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project v
adhere to the City’s Master Drainage and Storm Water Quality Management PI
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slol
or native vegetation is located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
3. The project is not located in the Coastal Agriculture Overlay Zone, according to Map 1
the Land Use Plan, certified September 1990 and, therefore, is not subject to
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zor
Ordinance).
4. The project is not located between the sea and the first public road parallel to the sea a
therefore, is not subject to the provisions of the Coastal Shoreline Development Over
Zone (Chapter 21.204 of the Zoning Ordinance).
5. The proposal is in conformity with the public access and recreation policies
Chapter 3 of the Coastal Act in that there are no public recreation or acc
requirements for this property.
6. That the Planning Director has determined that the project belongs to a class of projc
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Sections 15303 (Class 3) & 151
(Class 4) of the state CEQA Guidelines. In making this determination, the Plann
Director has found that the exceptions listed in Section 15300.2 of the state CE(
Guidelines do not apply to this project.
7. The Developer has agreed and is required by the inclusion of an appropriate conditior
pay a public facilities fee. Performance of that contract and payment of the fee 1
enable this body to find that public facilities will be available concurrent with need
required by the General Plan.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to parcel II
approval (MS 99-1 1).
PC RES0 NO. 4742 -2-
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1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further coildition issuance of
future building permits; deny, revoke or further condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approval
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Coastal Development Permit documents, as necessary to m;
them internally consistent and in conformity with the final action on the projc
Development shall occur substantially as shown on the approved Exhibits. Any propo:
development different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of MS 99-11/CP 99-12/SDP 99-12 an(
subject to all conditions contained in the Administrative Approval letter a
Resolution No. 4741 for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fc
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactii
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni
zoning, grading or other similar application processing or service fees in connection with 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi.
a NOTICE similar to this, or as to which the statute of limitations has previously otherv
expired.
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I I PC RES0 NO. 4742 -3-
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a m
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L'Heweux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
hLk", pB+
WILLIAM COMPAS, Chairperdn
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~Z~LER
Planning Director
PC RES0 NO. 4742 -4-