HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53341
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PLANNING COMMISSION RESOLUTION NO. 5334
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 01-38 TO ALLOW
THE CONSTRUCTION OF A 13-UNIT AIRSPACE
CONDOMINIUM ON PROPERTY GENERALLY LOCATED
ON THE SOUTH SIDE OF TAMARACK AVENUE, WEST OF
MANAGEMENT ZONE 1.
CASE NAME: VILLA PARADISIO
CASE NO.: CDP 01-38
WHEREAS, Randall K. Lockett, “Owner/Developer,” has filed a verified
THE RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES
application with the City of Carlsbad regarding property described as
That portion of Lot 6 in Block S of Palisades Number Two, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1803, filed in the Office of the
County Recorder of San Diego County, on August 25,1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “0” dated January 15, 2003, on file in the
Planning Department, VILLA PARADISIO - CDP 01-38 as provided by Chapter 21.201.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
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 VILLA PARADISIO - CDP 01-38 based on the following
findings and subject to the following conditions:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of the demolition
of one unit and the construction of a 13-unit airspace condominium on previously
graded and developed property; 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; 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 oi
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 2 1.204 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.
Conditions:
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 modify all approvals herein granted; deny or further condition issuance of all
fiture 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.
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
PC RES0 NO. 5334 -2-
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3.
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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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, ZC O1-12/LCPA 01-12KT 02-
11, SDP 01-13 and CP 02-07 and is subject to all conditions contained in Planning
Commission Resolutions No. 5328, 5329, 5330, 5331, 5332 and 5333 for those other
approvals, incorporated by reference herein.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th or
beyond upon written approval of the City Engineer and only if all erosion control
measures are in place by October 1st.
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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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of January, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominuquez
ABSTAIN: None
E&iJ&L CARL AD LANNING COMMISSION
ATTEST:
MICHAEL J. HEZMIEER
Planning Director
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