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HomeMy WebLinkAbout2023-05-03; Planning Commission; Resolution 7480PLANNING COMMISSION RESOLUTION NO. 7480 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A COASTAL DEVELOPMENT PERMIT FOR AVENIDA ENCINAS COASTAL RAIL TRAIL IMPROVEMENTS ON PROPERTY GENERALLY LOCATED ALONG AVENIDA ENCINAS ROAD BETWEEN POINSETTIA LANE AND WINDROSE CIRCLE IN LOCAL FACILITIES MANAGEMENT ZONE 9 AND 22. CASE NAME: AVENIDA ENCINAS RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS CASE NO: CDP 2023-0010 Exhibit 1 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, described as public right-of-way along Avenida Encinas Road between Poinsettia Lane and Windrose Circle nhe Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"B" dated May 3, 2023, attached hereto and on file in the Carlsbad Planning Division, AVENI DA ENCINAS RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS, CDP 2023-0010, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the City Planner has determined that the road improvements are categorically exempt from CEQA pursuant to CEQA Guidelines section 15301(c) Class 1 and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies; and WHEREAS, the Planning Commission did, on May 3, 2023, 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 APPROVE AVENIDA ENCINAS RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS, CDP 2023-0010, 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 proposed Project is in the Mello I, Mello II, and East Batiquitos Lagoon Segment of the Local Coastal Program (LCP) and is within the appealable jurisdiction of the California Coastal Commission. Carlsbad LCP Mello I and East Batiquitos Lagoon segments policies are specific to individual properties, the portions of the proposed Project that overlap within the Mello I and East Batiquitos Lagoon segments only include restriping and pedestrian improvements and not road widening. The proposed restriping is consistent with the Land Use, Drainage, and Environmental Protection Policies. The Project is in conformance with the following policies of the LCP. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposal is in conformance with the public access and recreation policies of Chapter 3 of the Coastal Act in that the proposed multimodal use of the roadway would improve public access opportunities and recreational resources capacity and keep level of service through this Arterial the same for vehicles. The improvements will not obstruct any views as seen from public right-of-way. The Project will not impact agricultural uses. The Project is not located in an area of known geologic instability. 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. The Project does not include steep slopes or native vegetation 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 Planning Commission has reviewed each of the exactions imposed on the Applicant contained in this resolution, and hereby finds, in this case, that there are no impacts caused by or reasonably related to the Project. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 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- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CDP 2023-0010 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Coastal Development Permit (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 and 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval is granted subject to the approval of CDP 2023-0010 and is subject to all conditions contained in this Planning Commission Resolution for those other approvals incorporated herein by reference except for Condition No. [10). 10. This approval shall become null and void if building or encroachment permits are not issued for this project within 24 months from the date of project approval. 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. 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 -3- 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 offinal 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 3, 2023, by the following vote, to wit: AYES: Commissioners: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine NAYS: ABSENT: ABSTAIN: PETER MERZ, Chair CARLSBAD PLANNING COMM SSION ATTEST: ERIC LARDY City Planner -4- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 3, 2023, by the following vote, to wit: AYES: Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine NAYES: ABSENT: ABSTAIN: Merz KEVIN SABELLICO, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner -24-