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HomeMy WebLinkAbout2023-11-15; Planning Commission; Resolution 7500PLANNING COMMISSION RESOLUTION NO. 7500 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR CARLSBAD BOULEVARD RESTRIPING PROJECT ON PUBLIC RIGHT-OF-WAY GENERALLY LOCATED ALONG CARLSBAD BOULEVARD BETWEEN SOLAMAR DRIVE AND ISLAND WAY WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: CASE NO: CARLSBAD BOULEVARD RESTRIPING PROJECT CDP 2023-0036 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 Carlsbad Boulevard between Solamar Drive and Island Way ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" -"B" dated Nov. 15, 2023, attached hereto and on file in the Carlsbad Planning Division, CARLSBAD BOULEVARD RESTRIPING PROJECT, CDP 2023-0036, 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 2100 et. Seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 1500 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 15301 -Existing Facilities, in that the project is consistent with the General Plan, Zoning Ordinance, and Local Coastal Program; the project site is within the city limits, is less than five acres in size, and is substantially surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project will not have a significant effect on the environment and all requirements of CEQA have been met; WHEREAS, on Oct.19, 2023, the city distributed a notice of the intended decision to adopt "Existing Facilities" exemptions. The notice was circulated for a 10-day period, which began on Oct. 19, 2023, and ended on Oct. 30, 2023. The city did not receive any comment letter on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was Oct. 30, 2023. WHEREAS, the Planning Commission did, on Nov. 15, 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 CARLSBAD BOULEVARD RESTRIPING PROJECT, CDP 2023-0036, 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 II Segment of the Local Coastal Program (LCP) and is within the appealable jurisdiction of the California Coastal Commission. Carlsbad LCP Mello II segment policies are specific to individual properties, the portions of the proposed project that overlap within the Mello II segment 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 proposed multimodal use of the roadway would improve public access opportunities and recreational resources capacity and keep level of service of this arterial roadway 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, the project is subject to the following conditions. 1. Staff is authorized and directed to make, or require the applicant to make, all corrections and modifications to the CDP 2023-0036 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. 2. Applicant shall comply with all applicable provisions of federal, state, and local laws and regulations. 3. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan. 4. This approval is granted subject to the approval of CDP 2023-0036 and is subject to all conditions contained in this Planning Commission Resolution for those other approvals incorporated herein by reference. 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 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 Nov. 15, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, Stine. NAYES: ABSENT: ABSTAIN: PETER MERZ, Chair CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner ~ -?. ~~,,,..,,. •• --· ~--=·--