HomeMy WebLinkAbout2011-01-19; Planning Commission; Resolution 67501 PLANNING COMMISSION RESOLUTION NO. 6750
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL
PURSUANT TO SECTION 21.54.140 OF THE CARLSBAD
4 MUNICIPAL CODE, AND UPHOLDING A PLANNING
5 DIRECTOR DECISION TO APPROVE A MINOR COASTAL
DEVELOPMENT PERMIT TO ALLOW A 198 SQUARE FOOT
6 GARDEN SHED FOR A COMMUNITY GARDEN LOCATED
ON A VACANT RESIDENTIAL LOT AT 6479 SURFSIDE
7 LANE, SOUTH OF ISLAND WAY AND EAST OF CARLSBAD
BOULEVARD WITHIN THE MELLO II SEGMENT OF THE
8 CITY'S LOCAL COASTAL PROGRAM AND WITHIN LOCAL
9 FACILITIES MANAGEMENT ZONE 22.
CASE NAME: BARELMANN PROPERTY
10 CASE NO.: CDP 10-22
11 WHEREAS, Robert Barelmann, "Owner/Developer," has filed a verified
12 application with the City of Carlsbad regarding property described as
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Lot 5 in Block 24 of La Costa Downs, Unit No. 1, in the City of
14 Carlsbad, County of San Diego, State of California, according
to map thereof no. 2013, filed in the Office of the County
Recorder of San Diego County on April 6,1927
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("the Property"); and
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WHEREAS, a Notice of a pending decision dated September 30, 2010, was sent
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in out in accordance with the Coastal Development Permit Procedures (Title 21 Section
20 21.201.080(6); and
21 WHEREAS, sixteen (16) requests for an administrative public hearing were
22 submitted to the City and an administrative public hearing was held by the Planning Director on
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November 1, 2010; and
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WHEREAS, on November 10, 2010, the Planning Director approved Minor
26 Coastal Development Permit - CDP 10-22 - BARELMANN PROPERTY; and
27 WHEREAS, nine (9) residents appealed the decision of the Planning Director
2° within the 10-day appeal period prescribed in Section 21.54.140(b); and
WHEREAS, the Planning Commission did, on January 19, 2010, hold a duly
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noticed public hearing as prescribed by law to consider said appeal; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
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c arguments, if any, of persons desiring to be heard, said Commission considered all factors relating
6 to the appeal of the Planning Director's approval of Minor Coastal Development Permit - CDP
7 10-22 - BARELMANN PROPERTY.
8 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.
12 B) That based on the evidence presented at the public hearing, the Commission
DENIES THE APPEAL AND UPHOLDS THE DECISION OF THE
13 PLANNING DIRECTOR TO APPROVE CDP 10-22 - BARELMANN
PROPERTY based on the following findings and subject to the following
14 conditions:
15 ^. _,.Findings:
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1. The adopted findings of the Planning Director as set forth in the Planning Director's
17 approval letter dated November 10, 2010 shall also constitute the findings of the
Planning Commission and are incorporated herein by this reference.
i o 2. A timely appeal of the decision approving CDP 10-22 was filed pursuant to Title 21
Section 21.54.140(b) by Mr. and Mrs. Donahue, Mr. and Mrs. Wisener, and Mr. and
20 Mrs. Oliver, Mr. and Mrs. Seeley and Mr. Hisey, nine neighbors owning property
adjacent to project site. The reasons for the appeal, as stated within the appeal
21 letter submitted by the nine property owners and residents, dated November 23,
„„ 2010 and titled Barelmann Property - CDP 10-22, is that the garden shed does not
comply with the architectural design standards of SP 201.
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The Planning Department response is that the project is located within the La Costa
24 Downs Specific Plan and complies with all of the development standards of the
specific plan. The La Costa Downs Specific Plan architectural guidelines are not
25 applicable to the garden shed since the guidelines pertain to single-family residences
~s only and not to accessory structures.
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PC RESO NO. 6750 -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 January 19, 2011, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard, and Schumacher
STEPHEN %AP" L'HEUREtlX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6750 -3-