HomeMy WebLinkAbout2001-06-20; Planning Commission; Resolution 49911
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PLANNING COMMISSION RESOLUTION NO. 4991
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 99-
32(A) ON PROPERTY GENERALLY LOCATED WEST OF
CARLSBAD BOULEVARD, BETWEEN CEREZO DRIVE AND
MANZANO DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 3.
CASE NAME: JENSEN RESIDENCE EXPANSION
CASE NO.: CDP 99-32(A)
WHEREAS, Jon Jensen, “Developer”/“Owner” has filed a verified application
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 the County
Recorder, County of San Diego, on April 13,1999
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit “A” dated June 20, 2001, on file in the Planning
Department, JENSEN RESIDENCE EXPANSION - CDP 99-32(A) as provided by Chapter
2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of June 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES JENSEN RESIDENCE EXPANSION - CDP 99-32(A) based on
the following findings and subject to the following conditions:
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Findinps:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for single-family uses
with a low medium density (0.0 - 4.0 dwelling units per acre) and the existing
development remains at 1.89 units per acre.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that a beach access stairway was already installed and all public
easements already recorded through a previous Coastal Development Permit (CDP
98-05).
3. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that coastal access has been previously provided,
the project is conforming to the already established blufftop setback, no grading is
proposed and no sensitive vegetation or steep slopes exist within the development
area.
4. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301(e) (Minor addition
to existing structure) of the state CEQA Guidelines. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
I issued under the authority of approvals herein granted; institute and prosecute litigation to
i PC RESO NO. 4991 -2-
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compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed 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 local
laws and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
7. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits
8. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
Code Reminders:
9. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PC FWSO NO. 4991 -3-
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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 the 20th day of June 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Nielsen,
and Trigas
NOES:
ABSENT: Commissioners Compas and L’Heureux
J-N. SEGALL, w u-person
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4991 -4-