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HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 6173PLANNING COMMISSION RESOLUTION NO. 6173 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF CARLSBAD TRACT MAP 3 CT 02-26X1 TO ALLOW THE CONVERSION OF AN EXISTING 12-UNIT HOTEL INTO 7 TIMESHARE UNITS ON 4 PROPERTY LOCATED AT 2805 OCEAN STREET IN THE , MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: SEASHORE ON THE SAND CASE NO.: CT 02-26x1 7 WHEREAS, Norine Sigafoose, "Owner/Developer," has filed a verifiedo 9 application with the City of Carlsbad regarding property described as 10 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 1* No. 2, in the City of Carlsbad, County of San Diego, State of , 2 California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, 13 November 4,1909 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map Extension as shown on Exhibits "A" - "G" dated June 2, 2004, on file in the Planning 17 Department SEASHORE ON THE SAND - CT 02-26x1, as provided by Chapter 20.12 of the1 o jg Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map Extension; and 2*j 26 WHEREAS, on June 2,2004, the Planning Commission approved, CT 02-26, as 27 described and conditioned in Planning Commission Resolution No. 5631. 28 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES SEASHORE ON THE SAND - CT 02-26x1, based on the following findings and subject to the following conditions: 4 - Findings: 1. All findings contained in Planning Commission Resolution No. 5631 dated June 16, 2004, for CT 02-26 and City Council Resolution No. 2004-237 dated July 20, 2004, 7 are incorporated herein by reference and remain in effect. 8 2. That a one-year extension is appropriate as the applicant is actively preparing a final subdivision map and design drawings that will address conditions of the CT and CUP, and extending the expiration of the CT and CUP would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for a conversion of a 12-unit hotel into a 7-unit timeshare. 11 Conditions; 12 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 14 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 15 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 property title; institute and prosecute litigation to compel their compliance with said , j 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 Extension. 18 2. This approval is granted subject to the approval of CUP 02-30x1 and CDP 02-52x1 and is subject to all conditions contained in Planning Commission Resolution No. 6174 for those other approvals. 21 3. All the conditions contained in Planning Commission Resolution No. 5631 dated June 16, 2004, for CT 02-26 are incorporated herein by reference and remain in effect, 22 with the addition of Condition No. 4. 23 4. This Tentative Tract Map Extension is granted for a period of one (1) year 24 retroactively, from June 15,2006, through June 14,2007. 25 26 27 28 PCRESONO. 6173 -2- 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 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 i, 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of October, 2006, by the following vote, to wit: 16 AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton 17 lg NOES: 19 ABSENT: Chairperson Montgomery and Commissioner Dominguez 20 ABSTAIN: 21 22 Ou. 23 JULIE &AKER, Vice Chairperson CARLSBAB-W.ANNING COMMISSION 24 25 ATTEST: 26 " 27 n DONNEU Assistant Planning Director PCRESONO. 6173 -3-