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HomeMy WebLinkAbout2020-11-04; Planning Commission; Resolution 7388PLANNING COMMISSION RESOLUTION NO. 7388 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REVISED LANDSCAPE PLAN FOR AN APPROVED COASTAL DEVELOPMENT PERMIT, FLOOD PLAIN SPECIAL USE PERMIT, AND A SCENIC CORRIDOR SPECIAL USE PERMIT FOR EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS ON PROPERTY GENERALLY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON EL CAMINO REAL FROM CANNON ROAD, SOUTH FOR APPROXIMATELY 370 FEET WITHIN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15 AND 24. CASE NAME: EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS CASE NO : CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 (PUB)2018-0014 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as a portion of property identified by Assessor's Parcel Number 168-360-06, 168-050-38, 168-050- 039, 208-162-34, and 212-152-01 and on file in the Planning Division ("the Property"); and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 19, 2020, held a duly noticed public hearing as prescribed by law to consider, CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006-EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS and adopted Planning Commission Resolution No. 7378, approving CDP 2018-0031/ SUP 2018-0005/ SUP 2018-0006 - EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS; AND ' WHEREAS, the Planning Commission added a condition of approval to Resolution No. 7378 requiring that the plant palette be revised to include California natives to the extent possible and that the revised plan return to the Planning Commissioners on November 4, 2020, WHEREAS, the landscape plan has been revised in accordance with Condition Number 10 of Resolution 7378, as shown on Exhibit(s) "G", "AA", "LL" dated November 4, 2020, attached hereto and on file in the Carlsbad Planning Division, CDP. 2018-0031/ SUP 2018-0005/ SUP 2018-0006 -EL CAMINO REAL AT CANNON ROAD BRIDGE IMPROVEMENTS, as provided in Chapters 21.40, 21.110 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the City Planner has determined that the landscape revisions to the EL Camino Real at Cannon Road Bridge Improvements are categorically exempt from CEQA pursuant to CEQA Guidelines section 15301{c) and section 15301 {d) and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies; and WHEREAS, the Planning Commission did, on November 4, 2020, hold a duly noticed public hearing as prescribed by law to consider said request; 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 revised landscape plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That the revisions to the landscape plan are approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7378 on file with the City Clerk and incorporated herein by reference, are the findings and conditions for this revised landscape plan. Condition: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. Landscape 1. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner 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 and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. PC RESO NO. 7388 . 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 offinal approval to protest imposition ofthese fees/exactions. 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 p'rocedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 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 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 November 4, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: Commissioner Luna ABSTAIN: VELYN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7388