HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52541
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PLANNING COMMISSION RESOLUTION NO. 5254
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 02-02 TO
CONVERT AN EXISTING TWO-FAMILY RESIDENCE TO
CONDOMINIUM UNITS ON PROPERTY GENERALLY
LOCATED ALONG THE WEST SIDE OF CARLSBAD
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MCMILLIAN CONDOS
CASE NO.: CDP 02-02
WHEREAS, Robert & Sharon McMillian, “Owner,” has filed a verified
BOULEVARD AT 5 155-5157 CARLSBAD BOULEVARD IN
application with the City of Carlsbad regarding property described as
Lot 37 of Terramar Unit No.1, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No.
2696, filed in the office of the county recorder of San Diego
County, September 6,1950.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated July 17, 2002, on file in the
Planning Department, MCMILLIAN CONDOS - CDP 02-02 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of July 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 MCMILLIAN CONDOS - CDP 02-02 based on the following
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Mello I1 segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the site is
designated for two-family residential uses and the existing development’s density
will not change; no agricultural activities, sensitive resources, geological instability,
flood hazard or coastal access opportunities exist onsite and the development does
not obstruct views of the coastline as seen from public lands or public right-of-way
or otherwise damage the visual beauty of the coastal zone.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located between the first public street and the
ocean and no coastal access areas or water-oriented recreational activities exist on
or near the project site.
3. The project is not located in the Coastal Agriculture Overlay Zone, according to
Map X of the Land Use Plan, certified September 1980 and, therefore, is not subject
to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
4. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s requirements of the National Pollutant Discharge Elimination
System (NPDES) permit to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. 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.
5. That the Planning Director has determined that the project belongs to a class of projects
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
preparation of environmental documents pursuant to Section 15303(b) (New
Construction or Conversion of Small Structures) of the state CEQA Guidelines. In
making this determination, the Planning Director has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
7. The Planning Commission 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 I( PC RES0 NO. 5254 -2-
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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:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to Parcel Map
Recordation.
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
fbture building permits; deny, revoke or further condition all certificates of occupancy
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.
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 fkom this approval, shall require an amendment to this approval.
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.
DeveloperDperator shall and does hereby agree to indemniQ, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, fkom 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 Coastal Development Permit,
(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 fkom the emission by the
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
approval is not validated.
This approval is granted subject to the approval of MS 02-02 and CP 02-02 and is
subject to all conditions contained in the administrative approval documents for those
other approvals incorporated by reference herein.
PC RES0 NO. 5254 -3-
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6. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of Parcel Map Recordation.
7. The applicant shall apply for and be issued a Parcel Map for this project within two (2)
years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.2 10 of the Zoning Ordinance.
8. Prior to the issuance of the Parcel Map, Developer shall submit to the City a Notice of
Restriction 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 Coastal Development Permit by Resolution No. 5254 on
the property. Said Notice of Restriction shall note the property description, location of
the file containing complete 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 authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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 feedexactions. 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 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 feedexactions 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. 5254 -4-
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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 17th day of July 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
Y.A I)-:
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5254 -5-