HomeMy WebLinkAbout2006-10-04; Planning Commission; Resolution 61741 PLANNING COMMISSION RESOLUTION NO. 6174
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ONE-YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE
5 CONVERSION OF AN EXISTING 12-UNIT HOTEL INTO
7TIMESHARE UNITS ON PROPERTY LOCATED AT
6 2805 OCEAN STREET IN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
8 CASE NO.: CUP 02-30x1
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WHEREAS, Norine Sigafoose, "Developer/Owner," has filed a verified
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application with the City of Carlsbad regarding property described as
12 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
13 No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1221, filed in the
14 office of the County Recorder of San Diego County,
November 4,1909
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
1 O Permit Extension as shown on Exhibits "A" - "G" dated June 2, 2004, on file in the Planning
19 Department, SEASHORE ON THE SAND - CUP 02-30x1, as provided by the conditions of
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approval of CUP 02-30 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 4th day of October, 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP Extension; and
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WHEREAS, on June 2,2004, the City Council approved CUP 02-30 as described
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and conditioned in City Council Resolution No. 2004-237.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
r B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of SEASHORE ON THE SAND
6 - CUP 02-30x1 based on the following findings and subject to the following
conditions:
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Findings:o
9 1. The adopted findings for CUP 02-30, which are contained in Planning Commission
Resolution No. 5632 and City Council Resolution 2004-237, apply to this extension and
10 are incorporated by this reference.
2. That a one-year extension is appropriate as the applicant is actively preparing a
12 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
13 owner/applicant to preserve existing property entitlements while satisfying the
conditions for a conversion of a 12-unit hotel into a 7-unit timeshare.
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.- Conditions:
16 I- 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
17 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
in 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
20 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 Conditional Use Permit
21 Extension.
22 2. All conditions of approval imposed upon Conditional Use Permit CUP 02-30 as stated in
23 Planning Commission Resolution No. 5632 shall apply as conditions of approval for
CUP 02-30x1 and are incorporated by this reference, except Condition Nos. 9 and 24,
24 which are replaced by new condition No. 4 below.
25 3. This approval is granted subject to the approval of CT 02-26x1 and CDP 02-52x1 and is
26 subject to all conditions contained in Planning Commission Resolution No. 6173 for
those other approvals.
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4. This approval shall become null and void if building permits are not issued for this
project within 12 months from the date of project approval.
PCRESONO. 6174 -2-
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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 4th day of October, 2006, by the
following vote, to wit:
AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton
NOES:
ABSENT: Chairperson Montgomery and Commissioner Dominguez
ABSTAIN:
Ou.
JULIE\BAK
CARLS
ATTEST:
, Vice Chairperson
'LANNING COMMISSION
DONNEU
Assistant Planning Director
PCRESONO. 6174 -3-