HomeMy WebLinkAbout2022-02-16; Planning Commission; Resolution 7439PLANNING COMMISSION RESOLUTION NO. 7439
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO REPLACE TWO EXISTING CORRUGATED METAL PIPE STORM DRAINS
ON PROPERTY GENERALLY LOCATED ENTIRELY WITHIN THE RIGHT OF
WAY ON BOTH SIDES OF NORTHBOUND CARLSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME:
CASE NO:
CARLSBAD BOULEVARD AT ENCINAS CREEK
CDP 2021-0027 (PUB 2021-0007)
WHEREAS, City of Carlsbad Public Works, "Developer," has filed a verified application with the
City of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as within the right of
way on the east and west sides of northbound Carlsbad Boulevard ("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A-D" dated February 16, 2022, attached hereto and on file in the Carlsbad Planning
Division, "CDP 2021-0027 (PUB 2021-0007} CARLSBAD BOULEVARD AT ENCINAS CREEK," as provided in
Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Division studied the Coastal Development Permit application and
performed the necessary investigations to determine if the project qualified for an exemption from
further environmental review under the California Environmental Quality Act, (CEQA, Public Resources
Code section 21000 et. seq .), and its implementing regulations (the State CEQA Guidelines), Article 14 of
the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented,
and studies and investigations made by the city planner and on its behalf, the city planner determined
that the project was exempt from further environmental review pursuant to State CEQA Guidelines
section 15302(c) (Replacement or Reconstruction) this exception is for replacement or reconstruction of
existing utility systems and/or facilities involving negligible or no expansion of capacity. No exception to
the exemption as sets forth in CEQA Guidelines section 15300.2 applies. The project will not have a
significant effect on the environment and all of the requirements of CEQA have been met; and
WHEREAS, on January 24, 2022, the city distributed a notice of intended decision to adopt the
"Replacement or Reconstruction" exemption. The notice was circulated for a 10-day period, which began
on February 1, 2022 and ended on February 10, 2022. The city did not receive any comment letters on
the CEQA findings and determination. The effective date and order of the city planner CEQA
determination was December 30, 2022; and
WHEREAS, the Planning Commission did, on the 16th of February 2022, 2022, 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 Coastal
Development Permit.
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 based on the evidence presented at the public hearing, the Commission APPROVES
"CDP 2021-0027 (PUB 2021-0007) CARLSBAD BOULEVARD AT ENCINAS CREEK," based
on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project is located entirely within the right-of-way but would be
conducted in a manner that is consistent with the LCP and all applicable policies.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project area is not an area used for public recreation and does not have
frontage onto the coastline and therefore does not impact public access and recreation use of
the beach.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes are 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. Temporary
impacts to vegetation would be limited to trimming and trampling, root structures would remain
intact, and no native vegetation will be removed.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
PC RESO NO. 7439 -2-
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to right-of-way permit
issuance.
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 revoke or modify all approvals herein
granted; deny or further condition issuance of all future 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5.
6. Prior to submittal of the right-of-way permit developer shall submit to the City Planner, a 24" x
36" copy of the {Coastal Development Permit), reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7.
8. This approval shall become null and void if a right-of-way permit is not issued for this project
within 24 months from the date of project approval.
PC RESO NO. 7439 -3-
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 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 procedure 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.
PC RESO NO. 7439 -4-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on February 16, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine
NOES:
ABSENT:
ABSTAIN:
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7439 -5-