HomeMy WebLinkAbout2024-11-20; Planning Commission; Resolution 7528A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT
(FLOODPLAIN), SUP 2024-0006, WITH A FIVE-YEAR TERM TO PERFORM
PERIODIC MAINTENANCE DREDGING OF THE OUTER BASIN OF AGUA
HEDIONDA LAGOON AND TO DEPOSIT THE DREDGE MATERIAL ALONG
ADJACENT PORTIONS OF NORTH, MIDDLE, AND SOUTH BEACHES OF
CARLSBAD STATE BEACH IN THE CITY’S NORTHWEST QUDRANT AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AGUA HEDIONDA LAGOON MAINTENANCE DREDGING
CASE NO: SUP 2024-0006 (DEV06068)
WHEREAS Channelside Water Resources, LP, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
PORTIONS OF LOT “H” OF RANCHO AGUA HEDIONDA, ACCORDING TO
PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOV. 16, 1896, AND A PORTION
OF MAP 203, FRAZIER PLOT, LOT 4, AND A PORTION OF MAP 1681,
THUM LANDS, TRACTS A AND B.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit as shown on Exhibits “A” - “H” dated Nov. 20, 2024, on file in the Planning Division, SUP 2024-
0006 – AGUA HEDIONDA LAGOON MAINTENANCE DREDGING, as provided by Chapter 21.110 of the
Carlsbad Municipal Code; and
WHEREAS, the City Planner, through the process outlined in Carlsbad Municipal Code
Section 19.04.060, has determined that this project is exempt from further environmental review
pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15304(g) – Minor
Alterations to Land, which exempts projects involving “maintenance dredging where the spoil is deposited
in an area authorized by all applicable state and federal regulatory agencies”; the City Planner issued a
CEQA Determination of Exemption notice. The notice was issued for public review on Oct. 7, 2024, with
the appeal period ending on Oct. 18, 2024; no appeals of the determination were filed. The effective data
and order of the City Planner CEQA Determination of Exemption was Oct. 18, 2024; and
PLANNING COMMISSION RESOLUTION NO. 7528
WHEREAS, the Planning Commission did on the 20th day of Nov. 2024, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Floodplain Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SUP 2024-0006 (DEV06068) - AGUA HEDIONDA LAGOON MAINTENANCE
DREDGING, based on the following findings and subject to the following conditions:
Findings:
1. The project is consistent with the General Plan, Local Coastal Program, the requirements of this
chapter, and any other applicable requirements of this code including but not limited to the following
goals, policies and requirements:
General Plan
a. Open Space Open Space, Conservation, and Recreation Element Goals 4-G.3 in that studies
and regulations to which the project is subject ensure that sensitive species will not be
disturbed by project activities. If a maintenance dredge is not performed, the lagoon will
not be able to retain its shape or hold adequate amounts of water, compromising existing
habitat.
b. Conservation, and Recreation Element Goals 4-G.5 and 4-G.9 in that the placement of
dredged sand on the beach will enhance and protect important city open space resources
and public recreation opportunities by maintaining or increasing the size (i.e., square
footage area) of useable public beach and maintaining the lagoon as a unique seawater
lagoon.
c. Open Space, Conservation, and Recreation Element Policy 4-P.33 in that dredging the outer
lagoon will allow for the continued flow of fresh, nutrient-rich ocean waters into the lagoon,
thereby maintaining/improving the overall health of the lagoon.
d. Public Safety Element 6-G.1 in that placement of dredged sand on the beach will enhance
and protect important city open space resources by assisting the buildup of a deteriorating
beach profile and by creating a wider beach which will assist in the protection of coastal
bluffs from erosion caused by ocean wave action, thereby protecting private and public
property in the vicinity of the beach.
e. Public Safety Element Policy 6-P.1 in that the project proposes no improvements in any
floodway or flood hazard area and is consistent with the city’s Floodplain Management
Regulations (Municipal Code Chapter 21.110).
f. Public Safety Element Policy 6-P.2 in that placement of dredged sand on the beach will assist
the buildup of a deteriorating beach profile and create a wider beach, which will assist in
the protection of coastal bluffs from erosion caused by ocean wave action, thereby
protecting private and public property and infrastructure in the vicinity of the beach.
Local Coastal Program
g. The project conforms to public access and recreation policies of Chapter 3 of the Coastal Act
in that the placement of dredged sand on the beach will enhance public recreation
opportunities by maintaining or increasing the size (square footage area) of useable beach.
Further, during dredging operations, a pedestrian circulation control and signage plan will
be implemented to ensure project awareness and safe beach access through means such as
signs, fencing, construction methods, and a project information number/hotline.
h. The project implements Agua Hedionda Land Use Plan (Agua Hedionda Lagoon segment)
Policy 3.3 in that it is conditioned to comply with the requirements of all federal and state
agencies.
i. The project supports the Coastal Act and Agua Hedionda Land Use Plan Policy 6.5 in that
dredging will allow for the continued flow of fresh, nutrient-rich ocean waters into the
lagoon, thereby maintaining/improving the overall health of the lagoon and enhancing the
outer lagoon for fishing.
j. The project supports Mello II segment Policy 4-1, Coastal Erosion, regarding beach sand
erosion and shoreline structures in that it will deposit sand onto the beach to help combat
beach sand erosion; specifically, Section III of Policy 4-1 states in part, “projects which
create dredge spoils shall be required to deposit such spoils on the beaches if the material
is suitable for sand replenishment.”
Zoning Ordinance
k. The project is consistent with Chapter 21.33, Open Space Zone, in that it aligns with the
zone’s intent and purpose and permitted uses that provide and encourage open space and
recreational uses and protects biological resources of the Agua Hedionda Lagoon.
l. The project is consistent with Chapter 21.203, Coastal Resource Protection Overlay Zone, and
specifically Section 21.203.040, in that the temporary dikes and berms created as part of the
sand deposition process on the beach help ensure shoreline ocean turbidity does not
exceed the limit as set in the San Diego Regional Water Quality Control Board 401 Water
Quality Certifications.
m. The project is consistent with the intent of Chapter 21.204, Coastal Shoreline Development
Overlay Zone, in terms of maintaining the shoreline as unique recreational and scenic
resource and improving public access to it.
2. The site is reasonably safe from flooding in that the proposed dredging will take place within the
lagoon. The sand deposition sites along the North, Middle, and South beaches will create an
additional buffer and reduce risk from coastal flooding as a result of the planned beach nourishment
using the deposited dredge material. Work may be halted during periods of rain or other inclement
weather.
3. The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that the project does not propose any habitable structures as defined by the
city's municipal code.
4. The proposed project does not create a hazard for adjacent or upstream properties or structures in
that no watercourse will be altered or relocated as a result of the project. Project equipment Is not
located in a manner that will impede natural site drainage or stormwater flows due to it secured
placement on top of lagoon waters and use of an existing land-based pipeline system to transport
dredge material from the lagoon to the beach. Further, dredge materials placed on beaches will not
block existing drainage.
5. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the dredge hull (barge) will be secured to existing
anchors on the shore of the lagoon, and dredge material from the hull will be carried via a floating
pipe to a land-based pipeline system along the lagoon shoreline that connects to the beach
underneath Carlsbad Boulevard or the Carlsbad Boulevard bridge and then to the North, Middle
and South beaches where it will then discharge on the shoreline as a mix of sand and water (slurry).
Temporary dikes and berms will be constructed along back-beach areas to de-water the slurry and
aid in retention of the sand. Staging areas for equipment will be placed in disturbed or developed
areas adjacent to the lagoon and beaches.
6. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year
frequency. The proposed project will reduce the volume of sand in the lagoon, thereby increasing
the lagoon’s capacity to withhold water. The project does not alter the inlet or outflow of the outer
lagoon (dredging will occur entirely east of the Carlsbad Boulevard bridge and does not affect the
lagoon outlet whatsoever), and thus, does not change the capacity of the lagoon to pass
floodwaters.
7. The cumulative effect of the proposed project when combined with all the other existing, proposed,
and anticipated development will not increase the water surface elevation of the base flood more
than one foot at any point in that the proposed project will reduce the volume of sand in the lagoon,
thereby increasing the lagoon’s capacity to withhold water. The project does not alter the inlet or
outflow of the Outer Lagoon, and thus, does not change the capacity of the lagoon to pass
floodwaters and would maintain existing surface water elevation characteristics.
8. The project is contingent upon compliance with other federal and state regulations as required. The
City of Carlsbad is issuing a Special Use Permit related to potential impacts of dredging activities on
the land outside of lagoon waters, including beaches, but within the floodplain. The ability to
proceed with work will be contingent upon the issuance of all applicable permits from state and
federal agencies such as the Army Corps of Engineers and California Coastal Commission.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to project commencement.
1. Approval is granted for SUP2024-0006 – AGUA HEDIONDA LAGOON MAINTENANCE DREDGING as
shown on Exhibits “A” – “H”, dated Nov. 20, 2024, on file in the Planning Division and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
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 shall have the 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; record a notice of
violation on the property title; 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 Special Use Permit.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of project commencement and any successive dredge occurrences permitted by
this approval.
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. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Special Use Permit document(s) necessary to make them internally consistent
and in conformity with final action on the project. Development shall occur substantially as shown in
the approved Exhibits. Any proposed development different from this approval shall require an
amendment to this approval.
6. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to any
dredging activities. Developer shall also pay any applicable Local Facilities Management Plan fee for
Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid prior to any dredging activities. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
7. This approval shall become null and void if all approvals, permits and clearances as required by
federal, state and local regulations are not issued for this project within 24 months from the date of
project approval by the city.
8. This Special Use Permit is granted for a period of five (5) years from Nov. 20, 2024, through Nov. 20,
2029. This permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a reasonable period
of time not to exceed 5 years upon written application of the permittee made no less than 90 days
prior to the expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s health and
welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or substantially
reduce such effects. There is no limit to the number of extensions the Planning Commission may grant.
9. Prior to project commencement, Developer shall submit to the city a Notice of Restriction executed
by the owner of the real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors
in interest that the City of Carlsbad has issued Special Use Permit SUP 2024-0006 by the subject
resolution on the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
10. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance
of this Special Use Permit, (b) city’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city’s approval is not validated.
11. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable.
12. At least three months (3) prior to project commencement and any successive dredge occurrences
permitted by this approval, the Developer shall provide written notice to the City Planner of such
activity. The notice shall include the following:
i. The Developer shall provide a brief project description of the proposed dredging
activity. The description shall include a schedule identifying the beginning and ending
dates of the dredging operation, the hours and days of the week for the dredging
activity, the anticipated total dredge quantity, the location and quantity for the
deposition of sand, the anticipated beginning dates for the deposition on north, middle,
and south beaches, and contact information including phone numbers of personnel
responsible for the dredging activity.
ii.A sand deposition plan describing the methods and equipment needed to deposit and
move the sand on the beach reaches. The plan should include best management
practices for the maximum retention of sand material on the beach. This could include
such practices as creating a dike parallel to the shoreline to allow the material to fall
out of the slurry mix, the methods the construction equipment would be utilized to
move the material, and other methods to ensure the maximum amount of sand is
placed for beach building.
iii.The Developer shall provide a plan for interim pedestrian circulation control, to include
public information signage describing the project.
iv.The Developer shall provide a plan identifying project use of any public parking,
including the Tamarack Beach parking lot. The plan shall identify any spaces that will be
made temporarily unavailable by the project and identify the dates and times the
spaces will be unavailable. The project shall demonstrate that circulation, including for
vehicles and pedestrians, will otherwise be maintained.
13.Contractor shall place beach nourishment sand in such a manner that maintains access for the public
and public safety and complies with all federal, state, and local agency requirements. Unless
directed otherwise by an agency, contractor shall maintain a minimum 5’-0” path of travel between
both public and residential sea walls, to allow for both lifeguard and pedestrian access in between
the sea walls and the back sand berm. Back berm shall be no taller than 6’-0” on the eastern aspect
of the berm, and shall be groomed and flattened on the top to provide towel space on the north,
middle and south beaches, at the end of each dredge event. The constructed beach fill shall be
graded on the western side of the beach nourishment in such a manner that does not provide a
shelf, but rather a gradual slope into the surf zone. In the event that storm events begin to relocate
the front aspect of the graded sand slope during the equilibration process, the berm and slope shall
be regraded for public safety purposes. All sand shall be placed in such a manner so as not to block
or clog existing drainage unnecessarily.
14.Prior to project commencement, Developer shall provide the City Planner proof that Developer has
obtained all project permits required by federal, state, and local regulations.
15.The City Planner shall reserve the authority to review and approve the timing of the dredging
operation consistent with the time limits outlined in other agency permits. The City Planner’s
review and approval shall not be unreasonably withheld.
Code Reminder:
16.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 maintenance dredging,
except as otherwise specifically provided herein.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 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 otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad on the 20th day of Nov. 2024, by the following vote, to wit:
AYES: Kamenjarin, Hubinger, Danna, Lafferty, Meenes, Merz
NAYS: None.
ABSTAIN: None.
ABSENT: Stine.
MIKE STRONG, Assistant Director of
Community Development