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HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52241 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. 5224 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONSTRUCTION OF NEW SIDEWALK SEGMENTS, RECONSTRUCTION OF EXISTING SIDEWALK SEGMENTS, REMOVAL OF DISEASED PALM TREES, AND ASSOCIATED IMPROVEMENTS ON PROPERTY GENERALLY LOCATED WITHIN THE JEFFERSON STREET AND CHINQUAPIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON STREET SIDEWALKS CASE NO.: CDP 02-1 1 COASTAL DEVELOPMENT PERMIT CDP 02-11 TO ALLOW PUBLIC RIGHT-OF-WAY, BETWEEN MAGNOLIA AVENUE WHEREAS, the City of Carlsbad, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Portions of the public right-of-way for Jefferson Street, from its intersection with Magnolia Avenue to its intersection with Chinquapin Avenue, City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits ‘“A” - “G” dated June 19, 2002, on file in the Planning Department, JEFF’ERSON STREET SIDEWALKS - CDP 02-11 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES JEFFERSON STREET SIDEWALK - CDP 02-11 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that there are no steep slopes or agricultural lands within the project area; the developed right-of-way does not contain any environmentally sensitive resources or scenic resources; and no grading is proposed. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project entails reconstructing existing sidewalks and providing new sidewalks within the Coastal Zone, thereby improving pedestrian access through the area. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1980, and therefore is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading or development is proposed; no steep slopes exist on the property; and the site is not prone to landslides or susceptible to accelerated erosion, floods or liquefaction. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The project is not located in the Mello I segment of the City’s Coastal Zone and therefore is not subject to the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance). That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15302(c) - Replacement of Reconstruction and 15303(d) - New Construction of Small Structures of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of improvement plans. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to PC RES0 NO. 5224 -2- 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 2. 3. 4. 5. 6. revoke or modi@ all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or Mer condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. The applicant shall receive approved improvement plans for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 2 1.201.2 10 of the Zoning Ordinance. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, fiee from weeds, trash, and debris. Code Reminders: 7. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5224 -3- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of June 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None M4 SEENA TRIGAS, Chairperst& CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMILHR Planning Director PC RES0 NO. 5224 -4-