HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53381
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PLANNING COMMISSION RESOLUTION NO. 5338
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
CONDO” PROJECT GENERALLY LOCATED ON THE
NORTHEAST CORNER OF JEFFERSON STREET AND LAS
FLORES DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: FARBER JEFFERSON STREET CONDO
CASE NO.: CDP 02-32
WHEREAS, Farber Family Limited Partnership, “Developer/Owner,” has
DEVELOPMENT PERMIT CDP 02-32 TO ALLOW AN 11 UNIT
filed a verified application with the City of Carlsbad regarding property described as:
That portion of Tract 2 of Laguna Mesa Tract, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 1719, filed in the office of the County
Recorder of San Diego County, June 20,1921
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on FARBER JEFFERSON STREET CONDO - CDP 02-32,
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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES FARBER JEFFERSON STREET CONDO - CDP 02-32 - based
on the following findings and subject to the following conditions:
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Findinas:
1. 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 eleven airspace condominium units on a
previously developed property; the development does not obstruct views of the
coastline as seen from public lands or public rights-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.
2. 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 are 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.
3. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X o
the Land Use Plan, certified September 1990 and, therefore, is not subject to thc
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoninl
Ordinance).
4. 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).
5. 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.
6. All findings of Resolutions No. 5335, 5336, 5337, and 5339 for the Mitigated
Negative Declaration, CT 02-13, CP 02-08, and SDP 02-14 are incorporated herein
by reference.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a grading permit, whichever occurs first.
1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, CT 02-13, CP 02-08, and CDP 02-32
and is subject to all conditions contained in Planning Commission Resolutions 5335,
5336,5337 and 5338 for those other approvals and incorporated herein by reference.
PC RES0 NO. 5338 -2-
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2. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
3. All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments off-site during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
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 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. 5338 -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 15th day of January, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
JULIED Chairperson
CARL AD LANNINGCOMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5338 -4-