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HomeMy WebLinkAbout2005-02-16; Planning Commission; Resolution 58501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5850 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL INSTALLATION OF A NORTHBOUND LEFT TURN POCKET AND MINOR GRADING AND PAVING IN THE STREET PROPERTY GENERALLY LOCATED WITHIN THE CARLSBAD BOULEVARD RIGHT-OF-WAY AT BREAKWATER ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. DEVELOPMENT PERMIT CDP 04-48 TO ALLOW THE RIGHT-OF-WAY FOR CARLSBAD BOULEVARD ON CASE NAME: CARLSBAD BLVD U-TURN IMPROVEMENTS CASE NO.: CDP 04-48 WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Public right-of-way for Carlsbad Boulevard at its intersection with Breakwater Road, 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” - “D” dated February 16, 2005, on file in the Planning Department, CARLSBAD BLVD U-TURN IMPROVEMENTS - CDP 04-48 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of February 2005, 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, THEREFOREy 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 based on the following findings and subject to the following conditions: APPROVES CARLSBAD BLVD U-TURN IMPROVEMENTS - CDP 04-48 Findinps : 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 no prime agricultural lands exist on or near the site; no environmentally sensitive habitats exist on or near the roadway site; the proposed improvements do not conflict with any existing pedestrian coastal access routes and the turn pocket would facilitate U-turns thus improving the vehicular access to the Carlsbad State Beach campground; any erosion will be controlled by grading in conformance with applicable City standards; and no significant visual panoramas exist on the arterial right-of-way site. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed improvements do not conflict with any existing pedestrian coastal access routes and the turn pocket would facilitate U-turns thus improving the vehicular access to the Carlsbad State Beach campground. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 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 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 within the Mello I segment of the Local Coastal Program and, therefore, is not subject to 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 Section 15301 - Existing Facilities 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. PC RES0 NO. 5850 -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 0 Conditions: Note: 1. 2. 3. 4. 5. ... ... ... ,.. Unless otherwise specified herein, all conditio issuance. s shall be satisfied prior to grading permit 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 revoke or modi@ all approvals herein granted; deny or further condition issuance of all hture building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 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. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. PC RES0 NO. 5850 -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 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. You are hereby FURTHER NOTWIED 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 fees/exactions 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 16th day of February 2005, by the following vote, to wit: AYES: Vice Chairperson Montgomery, Commissioners Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Chairperson Segall and Commissioner Baker ABSTAIN: .B I MARTELL B. CARLSBAD ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5850 -4-