HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56311
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PLANNING COMMISSION RESOLUTION NO. 5631
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 02-26 TO ALLOW THE
CONVERSION OF AN EXISTING HOTEL INTO 9
TIMESHARE UNlTS ON PROPERTY GENERALLY
LOCATED AT 2805 OCEAN STREET WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
CASE NO.: CT 02-26
WHEREAS, Norine Sigafoose, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block
“A” of the Hayes Land Company Addition to Carlsbad, Map
No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1221, filed in the
office of the County Recorder of San Diego County, November
4,1909
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “G” dated June 2, 2004, on file in the Planning Department
SEASHORE ON THE SAND - CT 02-26, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June 2004, 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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
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 SEASHORE ON THE SAND - CT 02-26, based on the following
findings and subject to the following conditions:
Findings:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
proposed project is for the conversion of an existing hotel into timeshare units. The
proposed project is consistent with all Title 20 and Title 21 regulations governing
subdivisions. The project is developed with an existing hotel which is a legal non-
conforming use in the R-3 zone. The proposed project will change the use to
timeshares which is a conditionally permitted use in the R-3 zone. The proposed 9
unit timeshare will have 9 parking spaces on-site which is consistent with Title 21
since Section 21.42.010 of the CMC allows for a reduction down to 1.0 parking space
per timeshare unit.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High (RH) density development
on the General Plan, and are currently developed with hotels, residential uses and a
retirement facility.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate timeshare development at the density
proposed, in that the proposed project is for the conversion of an existing hotel into
timeshares. There are no substantial changes proposed to the exterior of the
building. The site can accommodate 9 timeshare units since the new use will require
only interior alterations in the building. Section 21.42.010 of the CMC allows for
the reduction of parking spaces for timeshare units down to 1.0 space per unit. The
site will have 9 parking spaces on-site for the proposed 9 timeshare units.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project is proposing to convert an existing hotel building into timeshares.
Only minor physical changes are proposed to the exterior of building.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the project is for
conversion of an existing hotel building into timeshare units.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
PC RES0 NO. 5631 -2-
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against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their
habitat, in that the project is proposing to convert an existing hotel building into
timeshares. No physical changes are proposed to the exterior of building.
That the discharge of waste fiom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
proposing to convert an existing hotel building into timeshares. Only minor
physical changes are proposed to the exterior of building.
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 fkom the requirement for the
preparation of environmental documents pursuant to Section 15332, in-fill development
projects. 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.
Conditions:
PC RES0 NO. 5631
Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map or building permit, whichever occurs first.
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
future 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 Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map 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 from this approval, shall require an amendment to this approval.
This approval is granted subject to the approval of CUP 02-30 and CDP 02-52 and is
subject to all conditions contained in Planning Commission Resolution No. 5632 and
5633 for those other approval incorporated herein by reference.
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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 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dorninguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: Lx
MICHAEL J. HOLZMILL~R
Planning Director
PC RES0 NO. 5631 -4-