HomeMy WebLinkAbout1999-08-18; Planning Commission; Resolution 46080 0
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PLANNING COMMISSION RESOLUTION NO 4608
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF CARLSBAD BOULEVARD NORTH OF THE
BATIQUITOS LAGOON BRIDGE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: PONTO BEACH PARKING
CASE NO.: CDP 98-77
WHEREAS, The City of Carlsbad, “Owner/Developer”, has filed a
COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-77
application with the City of Carlsbad regarding property described as
Carlsbad Boulevard, formerly US Highway 101, from station
168+25 to station 176+50
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “E” dated August 18, 1999, on fil
Planning Department, PONTO BEACH PARKING, CDP 98-77, as provided by
2 1.201.040 of the Carlsbad Municipal Code; and
I 1 WHEREAS, the Planning Commission did, on the 18th day of August 19
1 a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te:
and arguments, if any, of all persons desiring to be heard, said Commission considered al:
I relating to the CDP 98-77.
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’ Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the F
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Corn
APPROVES PONTO BEACH PARKING, CDP 98-77, based on the fo
findings and subject to the following conditions:
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Findinm:
1. That the proposed development is in conformance with the Mello I1 segmer
Certified Local Coastal Program and all applicable policies in that the site is dc
for open spaces uses and the development consists of the construction 0:
parallel beach parking along Carlsbad Boulevard which will enhance
opportunities along the coastline, and the development does not obstruct T
otherwise damage the visual beauty of the coastal zone and no agrl
activities, sensitive resources, or geological instability exist on the site.
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
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 liquc
3. The project is consistent with the provisions of the Coastal Shoreline Dew
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that direct lateral anc
access exists adjacent to the project site and the proposed parking area will not in
existing access. A geotechmcal analysis of the project site was prepared. The
concluded that the site is suitable for the proposed development of the parking a
parking area will have no adverse effect on the stability of the slope. The I
parking area will be compatible with the surrounding development and
environment and will not impact existing views. Grading is designed to blc
existing and natural surroundings.
4. The project is conditioned to include erosion control (Chapter 21.203.1
consistent with the intent of the Coastal Resource Protection Overlay Zone p
5. That the Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) per Section
of the state CEQA Guidelines and will not have any adverse significant impa
environment.
6. All necessary public improvements have been provided or will be required as c
of approval.
Conditions:
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 rn
internally consistent and in conformity with final action on the project. Developr
occur substantially as shown in the approved Exhibits. Any proposed dev
different from this approval, shall require an amendment to this approval.
2. Building permits shall be issued for this project within two (2) years of approv
coastal development permit will expire unless extended per Section 21.201.2
Zoning Ordinance.
3. Grading is restricted to be conducted within the summer period, which is A
October 1. The City Engineer may permit an extension of the grading sea
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~ PC RES0 NO. 4608 -2-
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November 15 if all precautionary measures regarding erosion, consistent with t
grading ordinance, have been put into place.
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4. Soil erosion control practices shall be used against “onsite” soil erosion to the se 4
Engineerin? Conditions:
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ordinances in effect at the time of building permit issuance. 8
of the City Engineer.
5. Offsite drainage shall be prevented through sediment control. Control method,
shown on the plans to the satisfaction of the City Engineer.
6. The Developer shall comply with all applicable provisions of federal, state, ;
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7. Prior to hauling dirt, construction materials of construction equipment to or i
proposed construction site, the contractor shall submit to and receive approval :
City Engineer for the proposed haul route. The contractor shall comply
conditions and requirements the City Engineer may impose with regards to the
operation.
8. The Traffic Control Plan identified on the improvement plan set shall be maint
good working order throughout the duration of the construction. Addition2
control measures may be required by the City Engineer if necessary.
15 /I General
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9. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or hrther condition issuanc
future building permits; deny, revoke or further condition all certificates of OCI
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City’s app
this Coastal Development Permit.
22 ll NOTICE
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Please take NOTICE that approval of your project includes the “imposition” of fees, dec
reservations, or other exactions hereafter collectively referred to for conveni
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexaction
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
)I PC RES0 NO. 4608 -3-
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e e
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 feedexactions of which you have previously be
NOTICE similar to this, or as to which the statute of limitations has previously othenvis
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 18th day of August 191
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, Nielsen,
Trigas, and Welshons
NOES:
ABSENT: Commissioner L’Heureux
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4608 -4-