HomeMy WebLinkAbout2006-04-19; Planning Commission; Resolution 60721 PLANNING COMMISSION RESOLUTION NO. 6072
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO CONSTRUCT FOUR
4 (4) RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A .223
5 ACRE SITE GENERALLY LOCATED SOUTH OF
TAMARACK AVENUE AND EAST OF GARFIELD STREET,
6 IN THE MELLO H SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
7 1.
CASE NAME: TAMARACK BEACH LOFTS
8 CASE NO.: CDP 05-08
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WHEREAS, Daniel Zinunermann, "Developer," has filed a verified application
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with the City of Carlsbad regarding property owned by Lugano Shores Investment LLC,
, 2 "Owner," described as
13 The Northeasterly 65 feet of the Northwesterly 150 feet of Lot
10 in Block 5, as shown on Map 1803, in the City of Carlsbad,
14 County of San Diego, State of California
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "N" dated April 19, 2006, on file in the18
19 Planning Department, TAMARACK BEACH LOFTS - CDP 05-08 as provided by Chapter
20 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 19th day of April 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 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
2 APPROVES TAMARACK BEACH LOFTS - CDP 05-08 based on the
following findings and subject to the following conditions:
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Findings;
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That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program and all applicable policies in that the proposed
5 development does not obstruct public views of the coastline as seen from public
lands or rights-of-way; erosion will be controlled by grading in conformance with
7 the City's Standards; no sensitive resources, public access or shoreline access, or
water-oriented recreation activities are impacted.8
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act hi that the project site is not located adjacent to the shore.
10 Therefore, the project will not interfere with the public's right to physical access to
the sea and the site is not suited for water-oriented recreational activities.
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3. 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
14 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
15 an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
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 provision
(Chapter 21.204 of the Zoning Ordinance).
therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone
18 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
19 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).
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6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
22 to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Parcel Map.
1. 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
27 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
28 future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
PC RESO NO. 6072 -2-
property title; institute and prosecute litigation to compel their compliance with said
2 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.
3
2. 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
c 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
6 development different from this approval, shall require an amendment to this approval.
7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
0 regulations in effect at the time of building permit issuance.
o
9 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
10 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
j 2 all requirements of law.
13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
14 representatives, from and against any and all liabilities, losses, damages, demands, claims
. <. and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit.
16 (b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
17 Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
19 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
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6. This approval is granted subject to the approval of SDP 05-08 and is subject to all
21 conditions contained in Planning Commission Resolutions No. 6070 for those other
22 approvals incorporated herein by reference.
23 7. This approval is granted subject to the approval of Minor Subdivision MS 05-32 and
Minor Condominium Permit CP 05-02 and is subject to all conditions contained in the
24 City Engineer's and Planning Director's approval letter for those other approvals
incorporated herein by reference.
26 8. 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
27 Section 21.201.210 of the Zoning Ordinance.
9R^° 9. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
PC RESO NO. 6072 -3-
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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 fees/exactions. 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of April 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONfGOMER^Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PC RESO NO. 6072 -4-