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HomeMy WebLinkAboutCDP 98-81; Carlsbad Boulevard Bike Lane; Coastal Development Permit (CDP)city of NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON : Application #: CDP 98-8 1 Filing Date: 1 l/30/98 Case Name: Carlsbad Boulevard Bike Lanes Decision Date: 12129198 Applicant: Citv of Carlsbad Agent (if different): SAME Address: Phone: 2075 La Palmas Drive. Carlsbad. CA 92009 /760) 438-l 161 Address: SAME Phone: SAME ACTION: El APPROVED 0 APPROVED WITH CONDITIONS cl DENIED (Copy offinal resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: Ia NOT APPEALABLE TO THE COASTAL COMMISSION. cl APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission’s appeal period will conclude. Appeals must be made in writing to the Coastal Commission’s district office at the following address: California Coastal Commission, 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108-1725, Telephone (619) 521-8036. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures. Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other-paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final o request for the record of the proceedings accompanied by the required deposit in an amount suficient to cover the estimated cost ofpreparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, l-700 Carlsbad Village Drive, Carlsbad. Caltfornia 92008. 2075 La Palmas Dr. - Cartsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 438-0894 city of MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION December 30, 1998 City of Carlsbad Mr. Pat Entezari 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: CDP 98-81 - Carlsbad Boulevard Bike Lanes The City has completed a review of the application for a Minor Coastal Development Permit for development located on northbound Carlsbad Boulevard north of Island Way. It is the Planning Director’s determination that the project request to install approximately 300 feet of bike lane, CDP No. 98-81, is consistent with the applicable City’s 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: Findinas: 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 Minor 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 project is located within an existing public right-of-way and will serve as a connection to existing bike lanes to the north and south of the project site. 4. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that the project site is designated as a major arterial and the project is not disrupting agricultural land uses; developing slopes with gradients of greater than 25%; removing natural habitat; disrupting wetland or riparian resources; or developing in an area that will cause coastal erosion or slope instability. 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 @ CDP 98-81 - CARLtiB-AD BOULEVARD BIKE LANE December 30,1998 Paae 2 --- 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 bike lane connection will facilitate the expansion of a non-automotive circulation element within the Coastal Zone. 6. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is 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. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15304 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. 8. That this request for a minor 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) of the Carlsbad Coastal Development Regulations. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit , CDP 98-81 for the bike lane construction project entitled “Carlsbad Boulevard Bike Lane“. (Exhibit(s) A-C, dated December 30, 1998, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor 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 substantially different from this approval, shall require an amendment to this approval. 2. The effective date of this approval shall be after City and Coastal Commission appeal periods have been exhausted. 3. Consistent with subsection 21.203.040 of the Carlsbad Municipal Code, no grading shall be allowed during the winter season (October 1 - April 1). CDP 98-81 - CARL&MI BOULEVARD BIKE LANE -- December 30,1998 4. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH: BK:eh c: Gary Wayne Chris DeCerbo, Team Leader Bobbie Hoder Pat Entezari, Project Engineer File Copy Data Entry Planning Aide Coastal Commission