HomeMy WebLinkAbout2003-02-05; Planning Commission; Resolution 53581
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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:
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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-
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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-