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Home My WebLink About2007-07-18; Planning Commission; Resolution 6325PLANNING COMMISSION RESOLUTION NO. 6325 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE YEAR EXTENSION OF CARLSBAD TRACT MAP CT 02-26X2 3 TO ALLOW THE CONVERSION OF AN EXISTING 12 UNIT HOTEL INTO 7 TIMESHARE UNITS ON PROPERTY 4 LOCATED AT 2805 OCEAN STREET IN THE MELLO II 5 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: SEASHORE ON THE SAND CASE NO.: CT 02-26x2 7 WHEREAS, Norine Sigafoose, "Owner/Developer," has filed a verified8 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 11 No. 2, in the City of Carlsbad, County of San Diego, State of j2 California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 13 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 02-26x2 as provided by Chapter 20.12 of the j 9 Carlsbad Municipal Code; and 20 WHEREAS, on June 16, 2004, the Planning Commission approved CT 02-26 as 21 described and conditioned in Planning Commission Resolution No. 5631; and 22 WHEREAS, on October 4, 2006, the Planning Commission approved, CT 02- 23 26x1, as described and conditioned in Planning Commission Resolution No. 6173; and 24 WHEREAS, the Planning Commission did, on the 18th day of July, 2007, hold a 26 duly noticed public hearing as prescribed by law to consider CT 02-26x2; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 78 and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map Extension. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES SEASHORE ON THE SAND - CT 02-26x2, based on the 6 following findings and subject to the following conditions: Findings: 9 2004 for CT 02-26 and Resolution No. 6173 dated October 4, 2006 for CT 02-26x1 o 1. AH findings contained in Planning Commission Resolution No. 5631 dated June 16, 2004 for CT 02-26 and Resolution No. 6173 dated Octob are incorporated herein by reference and remain in effect. 10 2. That the design and improvement of the subdivision are consistent with the general plan, 11 Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved. 12 3. That the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision in that a final map has been submitted for the project and is currently 14 undergoing review. 15 4. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. 16 5. The Planning Director has determined that: the project is found to be exempt from the 17 requirements for the preparation of environmental documents pursuant to Section i o 15322 - in fill development - of the state CEQA Guidelines. 19 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 20 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions; 23 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 24 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 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. 28 PC RESO NO. 6325 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Tentative Tract Map Extension documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.4 c 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 j 2 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 13 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map Extension, (b) City's approval or issuance of any permit or action, whether discretionary 14 or non-discretionary, in connection with the use contemplated herein, and (c) 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 16 electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 17 validated. 1 8 6. All the conditions contained in Planning Commission Resolution No. 6173 dated jp October 4, 2006 for CT 02-26x1 are incorporated herein by reference and remain in effect, with the addition of Condition No. 7. 20 7. This Tentative Map Extension is granted for a period of one (1) year retroactively 21 from June 15, 2007 through June 14, 2008. NOTICE 23 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 25 "fees/exactions." 26 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 PC RESO NO. 6325 -3- follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 2 annul their imposition. 3 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 e 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 6 expired. 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of July, 2007, by the 9 following vote, to wit: 10 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton NOES: 13 14 15 16 17 JULIE BAKER, Chairperson 18 CARLSBAD PLANNING COMMISSION 19 20 ATTEST: 21 22 24 25 26 27 28 DON NEU Planning Director PC RESO NO, 6325 -4-