HomeMy WebLinkAbout1993-02-03; Planning Commission; Resolution 3490e a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2o I
21 I 22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3490
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL,
USE PERMIT TO ALLOW THE PERIODIC DREDGING OF THE
OUTER AGUA HEDIONDA LAGOON AND TO PERMIT THE
CONSTRUCTION OF A BOAT DOCK ON PROPERTY
GENERALLY LOCATED NORTH OF THE SDG&E ENCINA
GENERATING STATION AND EAST OF CARLSBAD
BOULEVARD.
CASE NAME: AGUA HEDIONDA OUTER LAGOON DREDGING
CASE NO: SUP 92-04
WHEREAS, a verified application for certain property, to wit:
Portions of Lot "H" of Rancho Agua Hedionda according to
Partition Map No. 823, filed November 16,1896.
has been filed with the City of Carlsbad, and referred to the Planning Commission; and
WHEREAS, said application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of January, 1993,
and the 3rd day of February. 1993, 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 Special Use Permit; and
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 Commission
APPROVES SUP 92-04, based on the following findings and subject to the
following conditions:
....
....
I( 0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Fill*:
1. The project is consistent with the City's General Plan because it provides for th
continued operation of a necessary public utility.
2. The project would not adversely affect or unduly hinder, restrict or alter the watc
carrying function of the flood plain or adversely affect surrounding developmen
3. The project will not adversely or significantly impact the environment. The are
of the lagoon containing eel grass will not be disturbed. In addition, the time (
year during which the dredging can occur is restricted by State and Fed=
Agencies to avoid potential impacts to the California least tern breeding period an
the grunion spawning period. Restrictions on the dredging operation a
contained in the permits from State and Federal Agencies.
4. All permit requirements of Chapter 21.110 of the Carlsbad Municipal Code hav been satisfied.
5. The proposed boat dock is necessary for a boat operated by a survey crew usin
sounding equipment to prepare topographical drawings of the lagoon before an
after dredge operations in order to comply with the Army Corps of Engjnee~
permit for the project.
Conditions:
Planning
1. Approval is granted for SUP 92-04, as shown on Exhibits "A" - "L", dated Januar
20, 1993, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in thes
conditions.
2. Construction of the previously approved maintenance access road (SUP 92-04) wi
also be used as a public access trail along the lagoon as required by Policy 7.6 c
the Agua Hedionda Segment of the Lx>cal Coastal Program. prior to May 3,199:
the access road/trail shall be completed. Signage for the trail shall be consister
with the concepts illustrated in the "Open Space and Conservation Resourc
Management Plan", dated June 1992. The signage shall be approved by th
Planning Director and be installed prior to May 3,1993. Permits for future dredg
operations will not be granted unless this condition is satisfied.
3) This permit authorizes the dredging operation for a period of 5 years or hug
February 3, 1998. Also permitted by the approval of this permit is th
construction of a boat dock as shown on the project exhibits. In addition to th
dredging operations and boat dock, the project also includes other routin
maintenance activities related to the dredging which include:
PC RES0 NO. 3490 -2-
0 0
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
A. Replacement of rock and incidental repair to the rip-rap protection dong
the shores of the outer lagoon and the ocean intake and discharge jetties.
Such replacement or repair shall not increase the length or bulk of existing
rip-rap inlpmvements.
B. The re-setting or replacement of dredging anchors (deadmen) along the
shores of the outer lagoon which are disturbed, damaged or removed by
vandalism, weather or dredge operations.
C. The repair of erosion and removal of weed growth on, along or adjacent to
the maintenance access road which runs along the shorehe of the outer
lagoon.
D. Inspection and maintenance of the two dredge spoil discharge pipelines
beneath Carlsbad Boulevard. Maintenance could include the repair or
removal and replacement of damaged or structurally unstable pipe sections.
prior to the permit expiration date, an extension request shall be submitted for
consideration by the Planning Commission or a new permit will be required. The
Planning Commission will determine whether it is appropriate to extend the permit
request and for what period of time.
En&eering Conditions:
3. The applicant must secure the appropriate permits and approvals from all resource agencies affected by the dredging operation and disposal of the dredged materials.
These agencies shall include:
Army Corps of Engineers
California Coastal commission
California State Parks and Recreation
California State Lands Commission
Regional Water Quality Control Board
City of Carlsbad
The required permits from the above mentioned resource agencies shall remain in
effect throughout the time limits established in the approved Special Use Permit.
4. The city shall reserve the authority to review and approve the timing of the
dredging operation consistent with the time limits outlined in other permits. The
City's review and approval shall not be unreasonably withheld.
25
26
27
28
...
PC RES0 NO. 3490 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
5. The applicant shall secure approval from the City Engineer prior to any proposed
yearly dredging operation. The applicant shall apply for approval at least three (3)
months prior to the requested dredging activity. No dredging activity may take
place unless specific approval is granted.
6. Upon receipt of the request for approval of a yearly dredging operation, City statr
shall refer the request to the Beach Erosion Committee (BEC) for consideration.
The BEC shall evaluate the request and provide a recommendation on the
appropriate location(s) for the deposition of dredged sand. The determination of
sand deposition areas shall be analyzed with regard to the state of the beach and
the need for sand nourishment in certain areas. The limits of the sand deposition
analysis area begins at the northerly City limit and extends a similar distance south
of the outlet jetty.
The applicant shall maintain a dredging operation capable of depositing sand on
the beach for a distance of one mile hm the mouth of the lagoon and consisten1
to the approved work limits of the applicant's other agency permits. Where the
need for sand, as determined by the deposition analysis and the recommendation
of the BEC or the City, exceeds the limits of the applicant's other agency permits
the applicant and the City shall meet to assess the regulatory and financial impacts
of the additional disposal work proposed outside those limits.
The ultimate disposal location shall be specifically approved by the City Engineer.
7. The applicant shall provide the City Engineer with a yearly beach profile of the
ocean bottom for the area between the inlet and outlet jetties. The profiles shall
extend from the face of curb on Carlsbad Boulevard to approximately one (1) mile
offshore.
...
...
...
...
...
~ 1 PC RES0 NO. 3490 -4-
I I
1
2
3
4
5
6
7
8
9
x0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
* m
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993,
by the following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin 81 Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
/j4 L? 7 E,. -, ," </' ,.*7 -x&
. .. .."" -
BAILEY NOBfE, Chairperson , --cL i
CARLSBAD PLANNING COMMISSION
ATTEST:
/2.\? d&/, yb.k$&
MICKAEL J. OLZ ILLER
PLANNING DIRECTOR
PC RES0 NO. 3490 -5-