HomeMy WebLinkAbout1995-10-17; City Council; Resolution 95-303$a mw?
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RESOLUTION NO. 95 - 303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL FROM SAN DIEGO GAS AND ELECTRIC COMPANY AND UPHOLDING THE DECISION OF THE CITY ENGINEER
THE OUTER BASIN OF THE AGUA HEDIONDA LAGOON.
RELATIVE TO THE 1995-96 DREDGING PROGRAM IN
WHEREAS, on February 3, 1993, the Planning Commiz
of the City of Carlsbad, acting as the Floodplain Administ]
pursuant to Carlsbad Municipal Code Chapter 21.110, approvc
Special Use Permit SUP 92-04. The permit allowed San Diegc
Electric, Company (hereinafter llSDG&E") to dredge Agua Hed
Lagoon and place the dredged material on Carlsbad State Be
and
WHEREAS, condition No. 6 of SUP 92-04 states the
ultimate disposal location of dredged materials shall be
specifically approved by the City Engineer; and
WHEREAS, on September 6, 1995, the City Engineer
the approval for SDG&E's 1995/96 dredging program subject
condition that the first 150,000 cubic yards of dredged ma
be placed at the northerly limits of the permit area (Oak
Street), and deposited in a southerly direction building a
profile of 150 feet from the toe of the seawall; and
WHEREAS, the City Engineer did on September 28,
issued a Stop Work Order to SDG&E based on non-compliance
provisions of the municipal code and conditions of SUP 92-
WHEREAS, Carlsbad Municipal Code section 1.20.6(
provides an appeal procedure for decisions of department 1
including the City Engineer, for which no specific appeal!
procedure otherwise exists; and
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WHEREAS, SDG&E has filed an appeal of the conditi
approval issued by the City Engineer on September 6, 1995,
October 2, 1995, more than ten days after the date of the
decision appealed from; and
WHEREAS, the City Attorney has agreed to a waiver
the time limit to permit the Council to consider this matte
WHEREAS, the City Council of the City of Carlsbac
California has considered said appeal at its public meetins
October 17, 1995, including the letters of SDG&E’s counsel,
Donald R. Worley dated October 2 and October 6, 1995, and .
matters presented orally by counsel and the City Engineer ,
public at said meeting,
NOW, THEREFORE, BE IT RESOLVED by the City COunC
the Carlsbad, California, as follows:
1. That the above recitations are true and corr
2. That SUP 92-04, including its Condition No.
a lawful exercise of the City of Carlsbad‘s police power i
carrying out the purpose and intent of federal flood contr
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and Government Code sections 65302, 65560 and 65800,
3. That Condition No. 6 of SUP 92-04 has a reaF
nexus to the flood control purposes of the dredging of sar
the lagoon, in accordance with both state and federal law.
4. Carlsbad Municipal Code Chapter 21.110 propc
applies to SDG&E’s dredging activity in Agua Hedionda Lag(
despite unregulated dredging since 1954. Said dredging dc
constitute a lawful nonconforming use, but requires a per1
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1 the City's floodplain administrator pursuant to state and federal
2 law, in the same manner as SDG&E's dredging requires permission
3 from the California Coastal Commission through a Coastal
4 Development Permit, the California Department of Parks and
5 Recreation through a Temporary Use Permit, the Army Corps of
6 Engineers Permit, and a Regional Water Quality Control Board
7 Permit.
8 5. The City's authority as a floodplain administrator
9 pursuant to federal and state law coexists with, and is not
10 preempted by, the power of the state legislature and the Public
11 Utilities Commission over the operation of SDG&E and its
facilities.
6. That the appeal of the decision of the City
Engineer relative to the 1995/96 dredging program in the outer
basin of the Aqua Hedionda Lagoon is hereby denied and the
decision of the City Engineer is upheld.
7. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of
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the Carlsbad Municipal Code, "Time Limits for Judicial Review"
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shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of
this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6,
which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking
judicial review must be filed in the
appropriate court not later than the 180th
day following the date on which this decision
becomes final; however, if within ten days
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after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day 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,
1200 Carlsbad Village Drive, Carlsbad,
California 92008. VI
PASSED, APPROVED AND ADOPTED at a Regular Meetinc
10 the City Council of the City of Carlsbad on the 17th
11 of OCTOBER 1995, by the following vote, to wit:
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AYES: Council Members Lewis, Nygaard, Finnila, I
NOES : None
ABSENT: Council Memb
CLAUDE A. LEWIS, Mayor
l8 19 ll ATTEST:
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J ALETHA L. RAUTENKRANZ, City Clprk
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