Loading...
HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5358 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, ON PROPERTY GENERALLY LOCATED AT 2649 OCEAN STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: KIKO RESIDENCE CASE NO: SUP 02-01 WHEREAS, Frederick Kiko, “DeveloperYy/”Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lots 13 and 14 in Block “A” of Hayes Land Company addition to Carlsbad Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909, including that portion if any lying between the above described property and the line of ordinary high tide of the waters of the pacific Ocean and excepting that portion, if any, of said lots lying below the line of the ordinary high tide of the waters of the Pacific Ocean (“the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibits “A - J” dated February 5, 2003, on file in the Carlsbad Planning Department, KIKO RESIDENCE - SUP 02-01 provided by Chapter 21.1 10 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of February, 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 Special Use Permit SUP 02-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES KIKO RESIDENCE - SUP 02-01 based on the following findings and subject to the following conditions: 1. The site is reasonably safe from flooding. 2. The project as designed and conditioned minimizes the flood hazard to the habitable portions of the structure. 3. The proposed project does not create a hazard for adjacent or upstream properties or structures. 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of 1 00-year frequency. 6. The proposed project taken together with all the other known, proposed and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point. 7. All other required state and federal permits have been obtained. Conditions: 1. Approval is granted for SUP 02-01, as shown on Exhibits “A - J,” dated February 5, 2003, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. This approval is granted subject to the approval of CDP 02-28 and V 02-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5357 and 5359 for those other approvals incorporated by reference herein. 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 PC RES0 NO. 5358 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of February, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None R, Chairperson PLANNING COMMISSIO? ATTEST: Planning Director PC RES0 NO. 5358 -3-