HomeMy WebLinkAbout1999-08-04; Planning Commission; Resolution 45921
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PLANNING COMMISSION RESOLUTION NO. 4592
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NUMBER CDP 99-23
ON PROPERTY GENEMLLY LOCATED ALONG THE
SOUTH SIDE OF CANNON ROAD BETWEEN CARLSBAD
BLVD. AND EL ARE3OL DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME: CANNON ROAD WIDENING AND
CASE NO.: CDP 99-23
WHEREAS, the City of Carlsbad, “OwnerDeveloper”, has filed a
application with the City of Carlsbad regarding property which consists of the Cannc
Right-of Way (“the Property”); and
SIDEWALK
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“N” dated July 21, 1999, on file in the
De:partment, CANNON ROAD WIDENING AND SIDEWALK, CDP 99-23, as pro
Ch.apter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of July 1991
the 4th day of August, 1999, hold a duly noticed public hearing as prescribed by law to
said request; and
WHEREAS, at said public hearing, upon hearing and considering all tt
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP 99-23.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Co’mmission 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 Con
APPROVES CANNON ROAD WIDENING AND SIDEWALK, CD
based on the following findings and subject to the following conditions:
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1 I/ Findings:
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1. That the proposed development is in conformance with the Mello I1 segmer
Certified Local Coastal Program and all applicable policies in that the prc
designated for the development of a major arterial road and the development is
width construction of Cannon Road to major arterial standards between C
Blvd. and El Arbol Drive, the development does not obstruct views or o
damage the visual beauty of the coastal zone, no agricultural activities,
resources or geological instability exist on site and the proposed 1
improvements will enhance coastal access opportunities.
2. The project is consistent with the provisions of the Coastal Resource P
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that no steep I
native vegetation is located on the subject property and the site is not loca
area prone to landslides, or susceptible to accelerated erosion, floods or lique
3. The Planning Director has found that, based on the EIA Part 11, this Su
Project was described in the MEIR 93-01 as within its scope; AND there P
additional significant effect, not analyzed therein; AND that no new or a
mitigation measures or alternatives are required; AND that there1
Subsequent Project is within the scope of the prior EIR; and no new envirc
document nor Public Resources Code 21081 findings are required.
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l4 11 4. Planning Commission finds that:
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a. the project is a (type of project described in CEQA Guidelines - 151
and (e);
b. the project is consistent with the (type of plan or action in the reg
cited above);
c. there was an EIR certified in connection with the prior (type of Plan a
described in the regulations above);
d. the project has no new significant environmental effect not anal
significant in the prior EIR;
e. none of the circumstances requiring Subsequent or a Supplemen
under CEQA Guidelines Sections 15162 or 15163 exist;
- Colnditions:
1. Staff is authorized and directed to make, or require Developer to make, all correc
modifications to the Coastal Development Permit document(s) necessary to m
internally consistent and in conformity with final action on the project. Developn
occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
11 PC: RESONO. 4592 -2-
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2. If any of the foregoing conditions fail to occur; or if they are, by their ter
implemented and maintained over time, if any of such conditions fail
implemented and maintained according to their terms, the City shall have th
revoke or modify all approvals herein granted; deny or further condition issua
future building permits; deny, revoke or further condition all certificates of (
issued under the authority of approvals herein granted; institute and prosecute li
compel their compliance with said conditions or seek damages for their vio:
vested rights are gained by Developer or a successor in interest by the City’s a]
this Coastal Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, de
reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactiol
protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bee
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
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PC RES0 NO. 4592 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Cclmmission of the City of Carlsbad, California, held on the 4th day of August, 19!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
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CC
ClLRLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4592 -4-
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