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
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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
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Assistant Planning Director
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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-