Loading...
HomeMy WebLinkAbout2008-05-07; Planning Commission; Resolution 63511 PLANNING COMMISSION RESOLUTION NO. 6351 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, DENYING A SCENIC PRESERVATION SPECIAL USE PERMIT FOR THE 4 DEMOLITION OF A RESTAURANT AND SINGLE FAMILY RESIDENCE AND TO ALLOW THE CONSTRUCTION OF A TWENTY-FIVE (25) UNIT TIMESHARE CONDOMINIUM 6 PROJECT ON ONE ACRE OF LAND LOCATED ON THE SOUTH SIDE OF ADAMS STREET, BETWEEN HIGHLAND 7 DRIVE AND PARK DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE ONE. 8 CASE NAME: CARLSBAD BOAT CLUB AND RESORT 9 CASE NO: SUP 07-05 10 WHEREAS, VIP Partners, "Developer/Owner," has filed a verified application 1 with the City of Carlsbad regarding property described as 12 Westerly half of Lot 7, Block D of Bella Vista Tract 2152 13 ('the Property"); and 14 WHEREAS, said verified application constitutes a request for a Scenic j 5 Preservation Special Use Permit as shown on Exhibits "A" - "P" dated May 7, 2008, on file in 17 the Planning Department, CARLSBAD BOAT CLUB AND RESORT - SUP 07-05, as 1 8 provided by Chapter 21.110 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on the 7th day of May, 2008, hold a 20 duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments of persons desiring to be heard, said Commission considered all factors relating to 24 the Special Use Permit; and 25 WHEREAS, the Planning Commission did, on the 7th day of November, 2007, 26 held a duly noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, the Planning Commission and the surrounding neighbors expressed 2 concerns regarding the project's proposed intensity (number of units), bulk and size and resultant 3 incompatibility with the surrounding residential neighborhood; and. 4 5 WHEREAS, since the applicant has not adequately addressed the intensity, bulk, 6 and architectural compatibility concerns of the Planning Commission, surrounding neighbors or 7 staff, staff continues to recommend denial of the project. 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 9 Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. 12 B) That based on the evidence presented at the public hearing, the Commission DENIES CARLSBAD BOAT CLUB AND RESORT - SUP 07-05, based on 13 the following findings and subject to the following conditions: Findings: 14 1. The proposed project does not conform to the intent of the Scenic Preservation Overlay in that the project is incompatible with the adjacent single family residential 16 neighborhood at the intensity, bulk and scale of development proposed. 17 2. The proposed project does not implement the goals and objectives of the General Plan in that the project is incompatible with the adjacent single family residential neighborhood at the intensity, bulk and scale of development proposed and the jc) project has the potential to generate noise (boat launch, boathouse and traffic) which would significantly impact adjacent and surrounding single family 20 residences. 21 3. The proposed project will adversely affect the scenic, historical or cultural qualities of the 22 property in that the project is incompatible with the surrounding open space lagoon environment because of the project's intensity, scale, and bulk of development 23 proposed. 24 NOTICE 25 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 26 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."27 2g 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 PCRESONO. 6351 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 May 7, 2008 by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Montgomery, and Chairperson Whitton NOES: Commissioners Boddy and Douglas ABSENT: Commissioner Dominguez ABSTAIN: FRANK H. WHITTON, chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6351 -3-