21000, et seq., “CEQA”), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”) and City Environmental Regulations (CMC 17.60) require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, according to Section 15270 of the California Environmental Quality Act (CEQA), State CEQA guidelines, and local environmental regulations, CEQA does not apply to projects which a public agency rejects or disapproves. Further, the physical removal of the encroaching features was considered as part of the associated Design Study (DS 23-171) as all encroaching features were proposed to be removed as part of that project. That project was found by the Planning Commission to be Categorically Exempt under Section 15303 (Class 3) – New Construction or Conversion of Small Structures; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Carmel-By-The- Sea made the following findings and determinations regarding Encroachment Permit Application EN 24-031 (Das):
1) There is no justifiable need for the encroachment;
2) The encroachment may impact the public’s right to access the right-of-way (visual and physical);
3) The encroachment is incompatible with the policies, ordinances, and design guidelines for the treatment of the right-of-way; and
4) The encroachment would diminish the ability to enhance and improve the public greenbelt.
BE IT FURTHER RESOLVED that the City Council of the City of Carmel-by-the-Sea does hereby:
DENY a Permeant Encroachment Application (EN 24-031) for the legalization of, and modification to, existing encroachments in the public right-of-way, adjacent to a single-family residence located at the northeast corner of Sterling Way and Perry Newberry Way. APN: 009- 162-025-000. Encroachments shall be removed and right-of-way improvements shall be carried out consistent with the Design Study Approval, DS 23-171, and the associated Conditions of Approval (Resolution 2024-034-PC).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
___________________________________ ________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
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