HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51681
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PLANNING COMMISSION RESOLUTION NO. 5168
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-22 TO ALLOW
THE DEMOLITION OF A SINGLE-FAMILY RESIDENCE
AND CONSTRUCTION OF FIVE AIRSPACE CONDO-
MINIUM UNITS ON PROPERTY GENERALLY LOCATED
ALONG THE EAST SIDE OF GARFIELD STREET TO THE
SOUTH OF CHESTNUT AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: OCEAN BREEZE CONDOS
CASE NO.: CDP 01-22
WHEREAS, Garth Packard, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Alan MacDonald, “Owner,” described as
Portion of Lots 3,4, and 5, block P of Palisades Map No. 1747,
City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder on March 13,1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “M” dated April 3, 2002, on file in the
Planning Department, OCEAN BREEZE CONDOS - CDP 01-22 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April, 2002, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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
APPROVES OCEAN BREEZE CONDOS - CDP 01-22 based on the following
findings and subject to the following conditions:
Findinm:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for multiple family
residential development and the development consists of the demolition of a single-
family residence and construction of five airspace condominium units on a
previously developed property; the development does not obstruct views of the coast
line as seen from public lands or public right-of-way or otherwise damage the visual
beauty of the coastal zone; and no agricultural activities, sensitive resources,
geological instability or coastal access opportunities exist on the previously graded
and developed site.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of
the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
The proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that there are no public recreation or access
requirements for this property.
All findings of Resolutions No. 5166 and 5167 for CT 01-11 and CP 01-04 are
incorporated herein by reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Final Map
approval (CT 01-11),
1. 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 modi@ all approvals herein granted; deny or Mer condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
PC RES0 NO. 5168 -2-
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issued under the authority of approvals herein granted; 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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit 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 fiom this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of CT 01-11 and CP 01-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 5166 and
5167 for those other approvals.
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 legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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 statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5 168 -3-
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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 3rd day of April, 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOXMIUER
Planning Director
PC RES0 NO. 5168 -4-