HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56331
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PLANNING COMMISSION RESOLUTION NO. 5633
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
CONVERSION OF AN EXISTING HOTEL INTO 9
TIMESHARE UNITS ON PROPERTY GENERALLY
LOCATED AT 2805 OCEAN STREET WITHIN LOCAL,
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
DEVELOPMENT PERMIT CDP 02-52 TO ALLOW THE
CASE NO.: CDP 02-52
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 Coastal
Development Permit as shown on Exhibits “A” - “G” dated June 2, 2004, on file in the
Planning Department SEASHORE ON THE SAND - CDP 02-52, as provided by Chapter
21.201.040 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 Coastal Development Permit.
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 - CDP 02-52, based on the
following findings and subject to the following conditions:
Fin dinm :
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That the proposed development is in conformance with the Mello 11 Segment of the
Certified Local Coastal Program and all applicable policies in that the proposed project
is for the conversion of an existing hotel into timeshares. There are only minor
changes proposed to the exterior of the building. The conversion to timeshares will
cause only minor changes in the operation of the facility. The units will be available
for use by the general public as timeshare owners can rent their unit to the general
public and un-occupied units will be available for transient occupancy.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the proposed project is for the conversion of a hotel into
timeshare units and there will be only minor physical changes that will not cause an
impact on public access. The conversion to timeshares will cause only minor
changes in the operation of the facility. The units will be available for use by the
general public as timeshare owners can rent their unit to general public. The
proposed conversion will reduce the number of units from 12 hotel rooms to 9
timeshare units, which will improve demand for parking. There are 9 on-site
parking spaces for the project.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants 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 of
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 consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the proposed project is
for the conversion of a hotel into timeshare units and there will be no physical
changes that will cause any impact on Shoreline development.
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 from 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
PC RES0 NO. 5633 -2-
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2E
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
Conditions:
Note:
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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 Coastal Development Permit.
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
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 CT 02-26 and CUP 02-30 and is
subject to all conditions contained in Planning Commission Resdlution No. 5631 and
5632 for those other approval incorporated herein by reference.
PC RES0 NO. 5633 -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 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
h
MICHAEL J. HOLZMmER
Planning Director
PC RES0 NO. 5633 -4-