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HomeMy WebLinkAboutCDP 99-23; Cannon Road Widening & Sidewalk; Coastal Development Permit (CDP) (3)JULY 7, 1999 TO: ASSISTANT PLANNING DIRECTOR DISTRICT ENGINEER FIRE CAPTAIN MIKE SMITH PRINCIPAL CIVIL ENGINEER WOJCIK FROM: City Attorney DCC COMMENTS FOR THE PLANNING COMMISSION MEETING OF JULY 21, 1999 My comments for the above-referenced Planning Commission meeting are as follows: 1. RANCHO CARRILLO VILLAGE E MINOR PUD AMENDMENT (PUD 97-03(8). Please correct Recital 2 in the Mitigated Negative Declaration Resolution No. 4590 and Recitals 2 and 4 in the PUD Minor Amendment Resolution No. 4591 to make reference to a "Planned Unit Development Permit Minor Amendment" rather than a Planned Unit Development Permit. In Resolution No. 4591, please add a recital regarding the adoption of the first amendment to PUD 97-03; and in Condition No. 1, please add some language describing the effect of the herein approved Exhibits A through L on any previously approved exhibits relating to this project. Do they supersede or modify existing provisions or exhibits, or are they entirely new and added to those already existing? In Condition No. 5, there is a reference to "Chapter 21.45.090(D)(5)". Please clarify what is being referred to and being required to be complied with. Is it section 21.45.090(b)(2)(D) or section 21.45.090(b)(5), or something else? 2. CCANNON ROAD WIDENING (GDP 99-23). This is an application for a coastal development permit for construction of an additional eastbound travel lane, curb, gutter, sidewalk and bike lane along the south side of Cannon Road from Carlsbad Boulevard to El Arbol Drive, including City construction of sand colored, split-faced concrete block retaining walls along four existing developed residential properties fronting on Cannon Road. The staff report states that no grading permit is required. However, this project is within the coastal zone and the "old" grading ordinance is still in effect in the coastal zone, because it has not yet been approved by the Coastal Commission. I believe the City might be required to obtain a grading permit under that ordinance. Please verify. The staff report and resolution assert that the Planning Director has determined the project is exempt under Guidelines section 15301 as a minor alteration to existing streets. That characterization may not withstand judicial scrutiny, if challenged. The 15301 exemption is for "...minor alteration of existing public...facilities...involving negligible or no expansion of use beyond that previously existing including but not limited to...(c ) existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including a stand of trees, a rock outcropping or an historical building... ." That is, the focus of Guidelines section 15301 is that there be "minor" alterations of "existing" facilities involving "negligible or no" expansion of use. That does not seem to characterize this project. 3. APPELLATE PROCEDURES (ZCA 99-06/LCPA 99-04). Please see my separate memo on the recent California Supreme Court decision in Fukuda v. Citv of Angels. Additionally, please change the reference in the third from the last line in the first paragraph under "Project Description and Background" to be to "appellant" instead of "appellate", and delete the phrase "if the appellant can supply enough evidence into the record," from the next to the last line in that paragraph. If you have any questions regarding the above comments, please give me a call. D. RICHARD RUDOLF Assistant City Attorney afs •^r City of Carlsbad Planning Department June 29, 1999 Richard Allen Jr. 2075 Las Palmas Dr Carlsbad CA 92009 SUBJECT:CDP 99-23 - CANNON ROAD WIDENING The preliminary staff report for the above referenced project will be mailed to you on Friday, July 2, 1999. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 12, 1999. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact your Planner, Chris DeCerbo at (760) 438-1161, extension 4445. CITY Q& CARLSBAD ?. WAYNI Assistant Planning Director GEW:CD:eh c: File Copy 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 May 18, 1999 TO: PUBLIC WORKS DIRECTOR FROM: Principal Civil Engineer EXPEDITING CANNON ROAD WIDENING COASTAL PERMIT When the environmental review of this project was completed in December 1997, Planning said that this project was exempt from a Coastal Permit because it was widening "within the existing right-of-way." When the agenda bill for advertising for bids was recently sent out for comments, Rich Rudolf questioned both the environmental approval and need for a Coastal Permit. Planning now says we need a Coastal Permit because the rules have been changed and any widening now requires a Coastal Permit—which is processed by the City. Chris DeCerbo said it would take about three months to process and he could not speed up unless someone told him to. I have completed the application and given all required submittals to Planning and Chris DeCerbo is actively working on it. I have also talked to Michael Holzmiller about expediting this project. I explained that this is a high priority project and that the rule change is a special circumstance. He said that expediting this project means something else would have to get delayed, but if the leaders said it should be done, Planning would do it. He suggested that you request expedited treatment at the Friday Leadership Team meeting with Marty Orenyak. Would you please place on the agenda for your Leadership Team meeting this Friday a request that Cannon Road be given expedited treatment so that it can be scheduled for the Planning Commission as soon as possible? RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer C: Traffic Engineer Consultant Project Manager, Dick Jacobs Principal Planner DeCerbo May5, 1999 TO: PRINCIPAL PLANNER DECERBO FROM: Principal Civil Engineer CANNON ROAD WIDENING AND SIDEWALK Regarding your memo of April 28, 1999 stating that a coastal permit is required for this project: As you know from our conversation, this project was ready to advertise for bids for construction and is a very high priority City project due to the proximity of Legoland. The project now needs a coastal permit due to a reinterpretation of the rules. This is a problem due to the fact that it will delay the project construction. You stated that it would take 3 months to get a permit and the internal review is 8 weeks. Since this is a City capital improvement project, I would appreciate your help in getting this project to the Planning Commission as soon as possible. It should not be hard to review and your help in expediting it to approval would be greatly appreciated. I checked on the distance of the project from the mean high tide line. This project is in excess of 500 feet distant and therefore is not subject to the 10 day appeal to the Coastal Commission. I have attached an application for a coastal permit. Other documents required (plans, radius map, labels, etc.) will follow in a few days. I would be glad to assist in any way you can suggest to do part of the report or anything to that will save time. Please let me know what you need. RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer C: Public Works Director Community Development Director Planning Director Traffic Engineer Dick Jacobs, Consultant Project Manager City of Carlsbad Planning Department April 28, 1999 TO: PRINCIPAL CIVIL ENGINEER FROM: PRINCIPAL PLANNER SUBJECT: CANNON ROAD WIDENING AND SIDEWALK You are correct that the Planning Department indicated on December 31, 1997 that the proposed project is categorically exempt from CEQA pursuant to Subsection 15301c, Class I (Existing Facilities). The Notice of Exemption will be filed subsequent to the approval of the required Coastal Development Permit (see below). It is my understanding that last week you asked Assistant Planner Barbara Kennedy whether any discretionary permit would be required for the construction of this project. Pursuant to 21.04.107 of the Carlsbad Municipal Code, this project qualifies as development within the coastal zone and therefore requires a major Coastal Development Permit. This permit would be subject to the review and approval of the Planning Commission. The project may be processed as an administrative (Planning Director) minor Coastal Development Permit if the improvements cost less than $60,000.00. It is also noted that if the improvement is located between the sea and the first public road or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, or the seaward face of any coastal bluff, whichever is the greater distance, then it is within the appeal jurisdiction of the California Coastal Commission. Projects located within this appeal area are subject to a 10 working day appeal period upon the Coastal Commission's receipt of the final City action on the project. CHRIS DECERBO Principal Planner CD:eh 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 April 26, 1999 TO:PLANNING DIRECTOR FROM: Principal Civil Engineer CANNON ROAD WIDENING AND SIDEWALK This project will widen Cannon Road and put sidewalk on the south side of the street from Carlsbad Blvd. to El Arbol Dr. We have completed the 100% plans and are ready to go to the City Council to advertise for bids. In reviewing the agenda bill, Rich Rudolf said that, although we have environmental approval, we should get a "current" one. The previous approval was a "Categorical Exempt" from Greg Fisher dated December 31, 1997. We also understood that the project did not need a coastal permit. The reason that this dates back this far is that we are required to complete the environmental review and obtain approval prior to starting final design on projects. Now it appears that is going to come back to haunt us. Would you please review and let me know what, if anything, needs to be done. At the least, I need to have a memo from the Planning Department stating that the Categorical Exemption is still valid and no coastal permit is required. I was told to write to you so you could assign a planner to this project. This project is very high on the City's priority list since it is an access to Lego and since it is ready to advertise for bids now, time is critical. Thanks for your help! RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer Attachment: Memo from Greg Fisher dated December 31, 1997 C: Public Works Director Traffic Engineer Consultant Project Manager, Dick Jacobs Memorandum To: Dick Jacobs, Consultant Program Manager CC: Chris DeCerbo From: Greg Fisher Date: December 31, 1997 Re: Sidewalk Program Design Project No.3391 -6 The Planning Department has reviewed the 30% submittal for the Sidewalk Program Design Project No.3391-6 and has determined it to be "Categorical Exempt". We will be recommending that any "significant tree" that is being removed to be transplanted to another location. If you have any questions, please call me at 438-