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HomeMy WebLinkAbout2009-08-11; City Council; Resolution 2009-2121 RESOLUTION NO. 2009-212 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NONCONFORMING 3 CONSTRUCTION PERMIT APPLICATION FEE. 4 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 5 WHEREAS, the City of Carlsbad has established a new Nonconforming 6 Construction Permit process whereby the expansion or replacement of nonconforming 7 residential and non-residential structures, and nonconforming residential uses may be approved 8 administratively by the Planning Director rather than at a public hearing before the Planning 9 Commission; and 10 WHEREAS, there will be staff costs to the City associated with processing Nonconforming Construction Permits pursuant to the provisions of the Municipal Code; and12 WHEREAS, Government Code Section 66014(a) provides that any fees charged for the services listed above must not exceed the estimated reasonable costs of providing the services for which the fee is charged; and WHEREAS, because the Nonconforming Construction Permit review process as16 proposed will duplicate the City's existing Administrative Variance (AV) and Minor Conditional Use Permit (CUP) review processes, staff is recommending that the new Nonconforming18 Construction Permit application fee be equal to the existing AV and Minor CUP application fees 2Q ($697); and 91 WHEREAS, this new $697 fee is a reasonable estimate of staff costs for 22 processing Nonconforming Construction Permits; and 9, WHEREAS, the City Council of the City of Carlsbad, on the Jl^day of/Wfl 2009,zj j 24 held a duly noticed public hearing to adopt a new Nonconforming Construction Permit 25 application fee and at that time received recommendations, objections, protests, comments of 26 all persons interested in or opposed to the Nonconforming Construction Permit application fee. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 2$ of Carlsbad, California, as follows: 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 1. That the above recitations are true and correct. 2. That the City Council approves the new Nonconforming Construction Permit application fee of $697. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of August, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn NOES: None. ABSENT: None. CLAUDE A LEWIS, Mayor ATTEST: J ^Vl I vfKA. ^—* • W—H/l. »••"*" x t >«y LORRAINE M. WOOD, City Cferk• 11111 • *