HomeMy WebLinkAbout2002-06-19; Planning Commission; Resolution 52241
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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.
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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:
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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-
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2.
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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-
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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-