The URL can be used to link to this page

Home My WebLink AboutCDP 04-04; Maxton Brown Park Concrete Replacement; Redevelopment Permits (RP) (3)City of Carlsbad Housing & Redevelopment Department March 29, 2004 Dale Schuck City of Carlsbad Public Works Department 405 Oak St Carlsbad CA 92008 SUBJECT: CDP 04-04 - MAXTON BROWN PARK CONCRETE REPLACEMENT The City has completed a review of the application for an Administrative Coastal Development Permit for the replacement of portions of an existing concrete sidewalk within the Maxton Brown Park, located north of Laguna Drive and east of State Street, adjacent to the Buena Vista Lagoon. It is the Planning Department's determination that the project, CDP No. 04-04 - MAXTON BROWN PARK CONCRETE REPLACEMENT, is consistent with the applicable City Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Administrative Coastal Development Permit. 3. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that the proposed repair of the existing sidewalk will enhance lateral shoreline access and no encroachment into nearby coastal resources is proposed or necessary to accommodate the project. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for open space uses such as a passive public park. 5. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the proposed sidewalk repair will facilitate public use of the existing passive public park. 2965 Roosevelt St., Ste. B • Garlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 ^^ROWN PARK CONCRETE REPLCE CDP 04-04 - MAXTON'BROWN PARK CONCRETE REPLACEMENT March 22, 2004 Paqe 2 6. That this request for an Administrative Coastal Development Permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) o the Carlsbad Coastal Development Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The project site does not contain any coastal agricultural lands and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 9. The project site is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading will occur with the project, no steep slopes exist within the project area, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 10. The project site is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the park and sidewalk system provides public access to the shoreline and no structures or grading are proposed with the replacement of portions of the concrete sidewalk. 11. The project site is not located within the Mello I segment and, therefore, is not subject to the provisions of the Coastal Resource Overlay Zone - Mello I LCP Segment (Chapter 21.205 of the Zoning Ordinance). Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 04-04, for the project entitled "MAXTON BROWN PARK CONCRETE REPLACEMENT" (Exhibit "A"), dated March 25, 2004, on file in the Planning Department and incorporated herein by reference, subject o the conditions herein set forth. Staff is authorized and directed 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 substantially different from this approval, shall require an amendment to this approval. 2. 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 shal! have the g^OWN PARK CONCRETE REPLi^ CDP 04-04 - MAXTON BROWN PARK CONCRETE REPLACEMENT March 22, 2004 Page 3 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; 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. 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. 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. 6. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as othenA/ise specifically provided herein. 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 CDP 04-04 - MAXTON^OWN PARK CONCRETE REPL>^MENT March 22, 2004 Paqe 4 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 othen^/ise expired. CITY OF CARLSBAD DEBBIE FOUNTAIN Housing and Redevelopment Director DF:MG: C: Michael Holzmiller Don Neu Don Rideout Bobbie Hoder Craig Ruiz California Coastal Commission Wll Citv of Carlsbad Planning Department February 12, 2004 Dale Schuck City of Carlsbad Public Works Department 405 Oak St Carlsbad CA 92008 SUBJECT: CDP 04-04 - MAXTON BROWN PARK CONCRETE REPLACEMENT Your Minor Coastal Development Permit application is now ready for noticing. Please submit the items listed below to the attention of Michael Grim. Submittal by February 19, 2004 will allow the 15-working day public review period to begin on February 23, 2004 with a potential decision date of March 12, 2004. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 19, 2004, your project will be rescheduled for a later decision date. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for Minor Coastal Development Permit noticing and sign the attached certification form: a. 100' Owners List - a typewritten list of names and addresses of all property owners within a 100-foot radius of the subjeet property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. b. 100' Occupant List - a typewritten list of names and addresses of all occupants within a 100-foot radius of the subject property, including the applicant and/or owner. c. Mailing Labels - One (1) separate set of mailing labels of the property owners and occupants within a 100-foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left Justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 04-04 - MAXTON BROWN PARK CONCRETE REPLACEMENT February 12, 2004 Paqe 2 3. Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 100 feet of the exterior boundaries of the subject property. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Sincerely, /-^ ^ / MICHAEL GRIM Senior Plannef MG:bd Attachment