HomeMy WebLinkAbout2011-11-02; Planning Commission; Resolution 68351 PLANNING COMMISSION RESOLUTION NO. 6835
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, INTERPRETING
SPECIFIC USE CONDITIONS FOUND IN PLANNING
4 COMMISSION RESOLUTION NO. 6031 DETERMINING
THAT THE PROJECT IS PROHIBITED FROM OPERATING A
VACATION RENTAL LOCATED AT 5143 SHORE DRIVE IN
6 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
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CASE NAME: TURRO RESIDENCE
8 CASE NO: CDP 05-48
9 WHEREAS, The City of Carlsbad on account of its own motion did direct the
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Carlsbad City Planning Commission to hold a hearing to determine if Coastal Development
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Permit 05-48 granted to Paul Turro "Owner," is being used as a "vacation rental" as specified in
13 the project conditions on real property in the City of Carlsbad described as:
14 Parcel 1:
15 Lot 14 of Terramar Unit No. 1, in the City of Carlsbad, County
1, of San Diego, State of California, according to Map thereof No.
2696, filed in the Office of the County Recorder of San Diego
17 County, September 6,1950.
18 Parcel 2:
That portion of Lot "H" of Rancho Agua Hedionda, in the
2Q County of San Diego, State of California, according to
Partition Map thereof No. 823, filed in the Office of the County
21 Recorder of San Diego County, November 16, 1896, described
as follows:
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Beginning at the Southwesterly corner of Lot 14 of Terramar
Unit No. 1, in the County of San Diego, State of California,
24 according to Map thereof No. 2696, filed in the Office of the
County Recorder of San Diego County, September 6, 1950;
25 thence South 59°21'20" West to a portion of a point on the
Mean High Tide Line of the Pacific Ocean; thence
^" Northeasterly along said Mean High Tide Line to a point
27 which bears South 59°21'10" West from the Northwesterly
corner of said Lot 14; thence North 59°21'10" East to the
28 Northwesterly corner of said Lot 14; thence South 23°03'10"
East, 60.53 feet to the Point of Beginning.
("the Property"); and
1 WHEREAS, on March 15th, 2006, the Planning Commission approved CDP 05-
2 48 subject to the findings and conditions stated in Planning Commission Resolution 6031; and
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WHEREAS, the Planning Commission did, on November 2, 2011, hold a duly
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<- noticed public hearing as prescribed by law to consider said request; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Coastal Development Permit.
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 above recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
DETERMINES that the property is being operated as a "vacation rental" and
14 RECOMMENDS APPROVAL of Planning Commission Resolution No. 6835,
based on the following finding:
, f Findings:
17 1. While there is no definition in the zoning ordinance of the term "vacation rental",
the term has a common usage applied to short term rentals (less than 30 days)in
18 which a residence is put to a commercial use by an owner who does/does not occupy
the property or rents it as a single family home, but rather offers it for rental by
persons seeking a vacation stay. Condition 13 of Planning Commission Resolution
No. 6031 prohibits the use of the subject property as a "vacation rental."
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PC RESO NO. 6835 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on November 2, 2011, by the following
vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully and Schumacher
NOES:
ABSENT: Commissioner Siekmann
ABSTAIN:
STEPHEN^AP" L'HEUmJX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
PCRESONO. 6835 -3-