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Home My WebLink About1998-08-19; Planning Commission; Resolution 4347m (t b 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 PLANNING COMMISSION RESOLUTION NO. 4347 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ALLOW A THREE LOT SINGLE FAMILY SUBDIVISION ON PROPERTY GENERALLY LOCATED WEST OF CARLSBAD BOULEVARD, BETWEEN CEREZO DRIVE AND SHORE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: JENSEN PARCEL MAP CASE NO.: CDP 98-05 COASTAL DEVELOPMENT PERMIT NO. CDP 98-05 TO WHEREAS, Jon Jensen, “Developer”, has filed a verified application City of Carlsbad regarding property owned by Jon Jensen, “Owner”, described as A portion of Lot H of Rancho Agua Hedionda, according to Map 823, filed in the Office of the County Clerk on May 1, 1915, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit “A”, dated August 19, 1998, on file in the I Department, JENSEN PARCEL MAP, CDP 98-05, as provided by Chapter 21.201.04 Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of August 19 a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the F Commission of the City of Carlsbad as follows: I A) That the foregoing recitations are true and correct. 111 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 B) That based on the evidence presented at the public hearing, the Con APPROVES JENSEN PARCEL MAP, CDP 98-05 based on the fi findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that no agricultural lands or environl sensitive lands exist on or near the site; public beach access has alreal provided across the coastal site; erosion will be controlled by gra conformance with City Standards; and no physical construction is condor this permit, therefore no impacts to significant visual panoramas will occur. 2. The proposal is in conformity with the public access and recreation policies of C of the Coastal Act in that there is a newly constructed, public access stairwa. southern end of the property, thereby allowing access to the public beach at of the existing coastal bluff. 3. The project site is not located in the Coastal Agriculture Overlay Zone, acco Map X of the Land Use Plan, certified September 1980, and, therefore, is not to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.20 Zoning Ordinance). 4. The project is consistent with the provisions of the Coastal Resource Pr Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the pro, adhere to the City’s Master Drainage and Storm Water Quality Managemc and Grading Ordinance to avoid increased runoff and soil erosion; no stee exist in the area proposed for future development and the parcel map inclu foot bluff top setback restriction; and the site is not prone to lands susceptible to accelerated erosion, floods or liquefactions. 5. The project is consistent with the provisions of the Coastal Shoreline Deve Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the proposes no physical development; a public beach access stairway has constructed and guaranteed on the property; and, several geotechnical repol been submitted and reviewed and a bluff top setback will be included on tl Parcel Map. 6. The project site is not located within the Mello I segment of the City’s Local Program, and, therefore, is not subject to the provisions of the Coastal R Overlay Zone Mello I Segment (Chapter 21.205 of the Zoning Ordinance). 7. The Planning Director has found that, based on the EIA Part 11, this project was d in the MEIR 93-01 as within its scope; AND there will be no additional significa: not analyzed therein; AND that no new or additional mitigation measures or altg are required; AND that therefore this project is within the scope of the prior EIR new environmental document nor Public Resources Code 2108 1 findings are reql I 1 PC RES0 NO. 4347 -2- a 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 8. The Planning Commission finds that all feasible mitigation measures 01 alternatives identified in the MEIR 93-01 which are appropriate to this project h, incorporated into this project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all co and modifications to the document(s) necessary to make them internally consiste conformity with final action on the project. Development shall occur substar shown in the approved Exhibits. Any proposed development different fi approval, shall require an amendment to this approval. 2. Approval of CDP 98-05 is granted subject to approval of MS 98-01. CDP subject to all conditions of MS 98-01. 3. The applicant shall apply for, receive, and record a final parcel map for thir within two (2) years of approval or this coastal development permit wi unless extended per Section 21.201.210 of the Zoning Ordinance. 4. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolutions on a 24” x 36” blueline Said blueline drawing(s) shall also include a copy of any applicable Coastal Devl Permit and signed approved site plan. General: 5. If any of the foregoing conditions fail to occur; or if they are, by their ten: implemented and maintained over time, if any of such conditions fail t implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issua1 future building permits; deny, revoke or further condition all certificates of 01 issued under the authority of approvals herein granted; institute and prosecute litj compel their compliance with said conditions or seek damages for their viol: vested rights are gained by Developer or a successor in interest by the City’s ap this Coastal Development Permit. Code Reminders: 6. Approval of this request shall not excuse compliance with all applicable sectic Zoning Ordinance and all other applicable City ordinances in effect at time ol permit issuance, except as otherwise specifically provided herein. ... 1 ... PC RES0 NO. 4347 -3- 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 e @ NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” You have 90 days from August 19, 1998 to protest imposition of these feedexactions protest them, you must follow the protest procedure set forth in Government Code 66020(a), and file the protest and any other required information with the City Mar processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I zoning, grading or other similar application processing or service fees in connection 1 project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 19th day of August, 199: following vote, to wit: AYES: Commissioners Compas, Heineman, Monroy, Nielsen, Sa3 Welshons NOES: ABSENT: Chairperson Noble ABSTAIN: BAILEY NOI$$&, Cbairpers6n CARLSB-ZD ~LAGNING COMMISSION ATTEST: ~ PC RES0 NO. 4347 -4-