HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51761
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PLANNING COMMISSION RESOLUTION NO. 5176
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN ADDITIONAL MODULAR CLASSROOM ON PROPERTY
GENERALLY LOCATED NORTH OF TAMARACK AVENUE,
BETWEEN ADAMS AVENUE AND PI0 PIC0 DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ST. PATRTCK’S SCHOOL
CASE NO.: CDP 02- 12
WHEREAS, Caroline F. Dooley, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego,
“Owner,” described as
COASTAL DEVELOPMENT PERMIT CDP 02-12 TO ALLOW
That portion of Tract No. 236 of Thum Lands, according to
Map No. 1681, filed in the Office of the County Recorder on
December 14, 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 Coastal
Development Permit as shown on Exhibits “A” - “B” dated April 3, 2002, on file in the
Planning Department, ST. PATRICK’S SCHOOL - CDP 02-12 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April 2002, 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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ST. PATRICK’S SCHOOL - CDP 02-12 based on the following
findings and subject to the following conditions:
Findinm:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site is designated for residential
development which conditionally allows church and private school uses; no
agricultural lands or environmentally sensitive lands exist on or near the site; there
are no opportunities for coastal pedestrian access on or through the site; no grading
is proposed or authorized with this development; and it does not obstruct views of
the coastline as seen from public lands or right-of-way.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that property is not located adjacent to the shore and there are
no opportunities for coastal pedestrian access on or through the site.
The project site is not located in the Coastal Agricultural Overlay Zone, according
to Map X of the Land Use Plan, certified September 1980, and therefore is not
subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202
of the Zoning Ordinance).
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading is
proposed; no steep slopes or native vegetation exist on the property; and the site is
not prone to landslides or susceptible to accelerated erosion, floods or liquefaction.
The project is not located between the sea and the first public road parallel to the
sea and, therefore, is not subject to the provisions> of the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
The project is not located in the Mello I segment of the City’s Coastal Zone and
therefore is not subject to the provisions of the Coastal Resource Overlay Zone
Mello I LCP Segment (Chapter 21.205 of the Zoning Ordinance).
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 15303 (New Construction
or Conversion of Small Structures) 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.
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.
....
PC RES0 NO. 5 176 -2-
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Conditions:
Note:
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Unless otherwise specified herej
permit issuance.
.n, all conditions shall be satisfied prior to building
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 Mer condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
DeveloperDperator shall and does hereby agree to indemnifl, 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,
(b) City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval
is not validated.
This approval is granted subject to the approval of CUP 2040) and is subject to all
conditions contained in Planning Commission Resolution No. 5149 for that other
approval.
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.
PC RES0 NO. 5 176 -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 fiom date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions 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 3rd day of April 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNTNG COMMISSION
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ATTEST:
Planning Director
PC RES0 NO. 5176 -4-