HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 4734a 0
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I PLANNING COMMISSION RESOLUTION NO. 4734
A RESOLUTION OF THE PLANNrNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
PROPERTY GENERALLY LOCATED WEST OF CARLSBAD
BOULEVARD BETWEEN CEREZO DRIVE AND IN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME: JENSEN RESIDENCE
CASE NO.: CDP 99-32
COASTAL DEVELOPMENT PERMIT CDP 99-32 ON
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WHEREAS, Jon Jensen, “De~eloper”/’~Owner”, has filed a verified applicatj
with the City of Carlsbad regarding property described as
Parcel 1 of Parcel Map 18236, City of Carlsbad, County of San
Diego, State of California, filed in the Office of County
Recorder, County of San Diego, on April 13,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coa:
Development Permit as shown on Exhibits “A” - “F”, dated March 15, 2000, on file in
Planning Department, JENSEN RESIDENCE - CDP 99-32, as provided by Chapter 21.201 .(
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March 2000, h’
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES JENSEN RESIDENCE - CDP 99-32, based on the follow
findings and subject to the following conditions:
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Findinm:
1. That the proposed development is in conformance with the Certified Local Coas
Prorgram and all applicable policies in that the site is desginated for single family u
with a low medium density (0.0 - 4.0 dwelling units per acre) and the prop03
development is 1.89 units per acre.
2. The proposal is in conformity with the public access and recreation policies of Chapte
of the Coastal Act in that a beach access stairway was already installed and all puk
use easements already recorded through a previous Coastal Development Per1
(CDP 99-32).
3. That the proposed development is in conformance with the Certified Local Coa:
Program and all applicable policies in that coastal access has been previously provid
the project is conforming to the already established blufftop setback, all grading F
conform to the City’s Engineering Standards to preclude erosion, and no sensit
vegetation or steep slopes exist within the development area.
4. That the Planning Director has determined that the project belongs to a class of proje
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15303 - New Construct1
of Small Structures of the state CEQA Guidelines. In making this determination,
Planning Director has found that the exceptions listed in Section 15300.2 of the st
CEQA Guidelines do not apply to this project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build.
permit or grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righi
revoke or modi@ all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatiol
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approva
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correcti
and modifications to the Coastal Development Permit documents, as necessary to m
them internally consistent and in conformity with the final action on the proj
Development shall occur substantially as shown on the approved Exhibits. Any propo
development different from this approval, shall require an amendment to this approval
3. The Developer shall comply with all applicable provisions of federal, state, and 1(
ordinances in effect at the time of building permit issuance. 11 PC RES0 NO. 4734 -2-
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4. If any condition for construction of any public improvements or facilities, or the payml
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sectj
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnifl, protect, defend 2
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
representatives, from and against any and all liabilities, losses, damages, demands, clai
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this Coastal Development Pern
(b) City’s approval or issuance of any permit or action, whether discretionary or nc
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here
including without limitation, any and all liabilities arising fi-om the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Department a reproducible 24” x 3
mylar copy of the Site Plan reflecting the conditions approved by the final decis
making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the School District that this project has satisfied its obligation to prov
school facilities.
8. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 3 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City t
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity i
facilities will continue to be available until the time of occupancy.
10. The applicant shall apply for and be issued building permits for this project within 1
(2) years of approval or this coastal development permit will expire unless extended
Section 2 1.201.2 10 of the Zoning Ordinance.
11. Prior to the issuance of building permits, the applicant shall apply for and obtai
grading permit issued by the City Engineer.
12. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, A
1st to October 1st of each year. Grading activities may be extended to November 1
upon written approval of the City Engineer and only if all erosion control measures arc
place by October 1st.
~ 11 PC RES0 NO. 4734 -3-
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13. The Developer shall pay its fair share for the “short-term improvements” to the
Camino ReaWalomar Airport Road intersection prior to the issuance of a buildj
permit. The amount shall be determined by the methodology ultimately selected
Council, including but not limited to, an increase in the city-wide traffic impact fee;
increased or new Zone 3 LFMP fee; the creation of a fee or assessment district;
incorporation into a Mello-Roos taxing district.
EnFineering:
14. CDP 99-32 is subject to whatever conditions of approval that have not yet been IT
for MS 98-01.
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15. Prior to hauling dirt or construction materials to or from any proposed construction s
within this project, the developer shall submit to and receive approval from the C
Engineer for the proposed haul route, The developer shall comply with all conditions a
10 requirements the City Engineer may impose with regards to the hauling operation.
11 16. Based upon a review of the proposed grading and the grading quantities shown on the s
12 plan, a grading permit for this project is required. The developer must submit and recej
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approval for this grading plan in accordance with City codes and standards prior
17. The developer shall pay all current fees and deposits required. 14
issuance of a building permit for this project.
Code Reminders: 15
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1. Approval of this request shall not excuse compliance with all applicable sections of t
Zoning Ordinance and all other applicable City ordinances in effect at time of buildil
permit issuance, except as otherwise specifically provided herein.
2. Addresses, approved by the Building Official, shall be placed on all new and existi]
buildings so as to be plainly visible from the street or access road; color of identificatit
and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fec
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sectic
66020(a), and file the protest and any other required information with the City Manager f
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
11 PC RES0 NO. 4734 -4-
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You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenvi
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 15th day of March 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
Ld&av /4!d-
WILLIAM COMPAS, Chairperdn
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%LZ&LLER
Planning Director
11 PC RES0 NO. 4734 -5-