HomeMy WebLinkAbout2000-01-05; Planning Commission; Resolution 4716-I 0 c)
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
PLANNING COMMISSION RESOLUTION NO. 4716
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED AT POINSETTIA LANE
BETWEEN CARLSBAD BOULEVARD AND AVENIDA
ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONES 9
AND 22.
CASE NAME: POINSETTIA LANE BRIDGE WIDENING
CASE NO.: CDP 99-30
WHEREAS, City of Carlsbad, “Developer”/”Owner”, has filed a verifi
COASTAL DEVELOPMENT PERMIT CDP 99-30 ON
application with the City of Carlsbad regarding property described as
Right-of-way for Poinsettia lane between Carlsbad Boulevard
and Avenida Encinas
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coas
Development Permit as shown on Exhibit “A” dated September 27, 1999, on file in ’
Planning Department, POINSETTIA LANE BRIDGE WIDENING, CDP 99-30 as provic
by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of January 201
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 testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission 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 Commiss
APPROVES POINSETTIA LANE BRIDGE WIDENING, CDP 99-30 ba
on the following findings and subject to the following conditions:
*
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
I
0 *
Findinps:
1. That the proposed development is in conformance with the Certified Local Coas
Program and all applicable policies in that the project consists of widening an existi]
bridge on Poinsettia Lane to Major Arterial standards as stated in the General P1,
and in the Mello I1 Segment of the adopted Local Coastal Program (Policy 5-5), a1
the project as designed does not have a negative impact on any coastal resources.
2. The proposal is in conformity with the public access and recreation policies of Chaptel
of the Coastal Act in that the project is not located between the shoreline and t
nearest public roadway (Carlsbad Boulevard). Public access to the coast will
enhanced by construction of sidewalks and bicycle lanes. No water-orient
recreational activities or facilities will be negatively impacted.
3. The project will impact approximately 0.34 acres of coastal sage scrub. Pursuant
the Coastal Resource Overlay Zone (Section 21.203 of the Carlsbad Municil
Code), this impact is allowable because it is necessary for construction of
Circulation Element Road and no other feasible alternative exists. C
implementation of the Mitigation Monitoring and Reporting Program will result
permanent preservation of 0.34 acres of coastal sage scrub at the proposed La
Calavera Mitigation Bank.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to projl
initiation.
1. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Coastal Development Permit documents, as necessary to mi
them internally consistent and in conformity with the final action on the projc
Development shall occur substantially as shown on the approved Exhibits. Any propo!
development different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
3. If any condition for construction of any public improvements or facilities imposed by 1
approval or imposed by law on this Project are challenged, this approval shall
suspended as provided in Government Code Section 66020. If any such conditior
determined to be invalid this approval shall be invalid unless the City Council determi
that the project without the condition complies with all requirements of law.
6. The Developer shall submit to Planning Director a reproducible 24" x 36", mylar c(
of the Site Plan reflecting the conditions approved by the final decision making body.
...
...
...
~ PC RES0 NO. 4716 -2-
.b e a
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, ChairpersJn
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HULZ~LER
Planning Director
11 PC RES0 NO. 47 16 -3 -