HomeMy WebLinkAbout1999-10-06; Planning Commission; Resolution 46420 0
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PLANNING COMMISSION RESOLUTION NO. 4642
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NUMBER CDP 99-29
FOR PUBLIC RIGHT-OF-WAY SIDEWALK IMPROVEMENTS
LOCATED GENERALLY ALONG SEGMENTS ON
JEFFERSON STREET BETWEEN MAGNOLIA AVENUE AND
CHINQUAPIN, ON ADAMS STREET BETWEEN MAGNOLIA
AVENUE AND TAMARACK AVENUE, AND ON PARK
DRIVE SOUTH OF TAMARACK AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1
CASE NAME: CITY SIDEWALK PROJECT NO. 6
CASE NO.: CDP 99-29
WHEREAS, the City of Carlsbad, “Owner/Developer”, has filed 2
application with the City of Carlsbad regarding property:
In the public rights-of-way along Jefferson Street, Adams Street,
and Park Drive.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “0” dated October 6, 1999, on f
Planning Department, CITY SIDEWALK PROJECT NO. 6, CDP 99-29, as pro
Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October 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 t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the CDP 99-29.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
1 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 Co
APPROVES CITY SIDEWALK PROJECT NO. 6, CDP 99-29, bas
following findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Mello I1 segmc
Certified Local Coastal Program and all applicable policies in that the developr
not obstruct views or otherwise damage the visual beauty of the coastal
agricultural activities, sensitive resources or geological instability exist on
the proposed public right-of-way improvements will enhance coast:
opportunities.
2. The project is consistent with the provisions of the Coastal Resource
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that no steep
native vegetation is located on the subject properties and the sites are not
areas prone to landslides, or susceptible to accelerated erosion, floods or liq
3. The Planning Director has determined that the project is exempt
requirements of the California Environmental Quality Act (CEQA) PC
15301 and 15302 of the state CEQA Guidelines and will not have an
significant impact of the environment.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their ten
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 c
issued under the authority of approvals herein granted; institute and prosecute lil
compel their compliance with said conditions or seek damages for their viol
vested rights are gained by Developer or a successor in interest by the City’s a1
this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all c
and modifications to the Coastal Development Permit documents, as necessa
them internally consistent and in conformity with the final action on tk
Development shall occur substantially as shown on the approved Exhibits. An:
development different from this approval, shall require an amendment to this ap1
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, d
reservations, or other exactions hereafter collectively referred to for conve
“fees/exactions.”
You have 90 days fi-om date of final approval to protest imposition of these feedexactic
protest them, you must follow the protest procedure set forth in Government Coc
PC RES0 NO. 4642 -2- I
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0 e
66020(a), and file the protest and any other required information with the City M
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 asid
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fee
DOES NOT APPLY to water and sewer connection fees and capacity charges, no1
zoning, grading or other similar application processing or service fees in connectior
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 thc
Commission of the City of Carlsbad, California, held on the 6th day of October, 19
following vote, to wit:
AYES: Vice Chairperson Compas, Commissioners L’Heureux,
Segall, Trigas, and Welshons
NOES:
ABSENT: Chairperson Heineman
ABSTAIN:
WILLIAM COMPAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
1 MICHAEL J. HOTZMILYER
Planning Director
PC RES0 NO. 4642 -3-