HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4280I
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PLANNING COMMISSION RESOLUTION NO. 4280
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE
MAINTENANCE DREDGING OF APPROXIMATELY 20,000
CUBIC YARDS OF ACCUMULATED SILTS FROM THE
EXISTING BRISTOL COVE BOAT CHANNEL AND THE
REPAIR OF THE EXISTING DETERIORATING RIP-RAP
SHORELINE AND DOCK PILES ON PROPERTY
GENERALLY LOCATED SOUTH OF THE INTERSECTION
OF PARK DRIVE AND COVE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: BRISTOL COVE MAINTENANCE
CASE NO: SUP 98-04
WHEREAS, Bristol Cove Property Owner’s Association, “Develoy
filed a verified application with the City of Carlsbad regarding property owned by Bris
Property Owner’s Association, “Owner”, described as
DREDGING PROJECT
Lot 74 of that tract described in Map No. 5162, recorded in
Book 112, Pages 5162, of Miscellaneous Records, in the Office
of the County Recorder, San Diego County, California, on
April 23,1963.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a F1
Special Use Permit as shown on Exhibit(s) “A”- “C” dated May 6,1998, on file in the
Department BRISTOL COVE MAINTENANCE DREDGING PROJECT, SUP !
provided by Chapter 2 1.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of May, 19!
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered :
relating to the Floodplain Special Use Permit;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the -
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 Cor
APPROVES BRISTOL COVE MAINTENANCE DREDGING PR
SUP 98-04, based on the following findings and subject to the f
conditions:
Findings:
1. The project is consistent with the City’s General Plan as it provides
continued functioning of an existing open space recreational facility.
2. The project would not adversely affect or unduly hinder, restrict or alter tl.
carrying function of the floodplain or adversely affect surrounding developn
3. The Planning Director has determined that the project is exempt from the require
the California Environmental Quality Act (CEQA) per Sections 15301(d) and
of the state CEQA Guidelines and will not have any adverse significant impac
environment.
4. The applicant’s engineer has certified pursuant to Section 21.110.200(1
Carlsbad Municipal Code that the project will not result in any increase
levels during the occurrence of the base flood discharge and the project
affect the 100-year flood plain elevation.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Special Use Permit document(s) necessary to ma
internally consistent and in conformity with final action on the project. Devc
shall occur substantially as shown in the approved Exhibits. Any proposed dew
substantially different from this approval, shall require an amendment to this appl
2. The Developer shall comply with all applicable provisions of federal, state, s
ordinances in effect at the start of construction.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Conditional Use Pe
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, i
Developer/Operator’s installation and operation of the facility permitted
PC RES0 NO. 4280 -2-
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including without limitation, any and all liabilities arising from the emissioI
facility of electromagnetic fields or other energy waves or emissions.
4. Prior to the start of construction, Developer shall submit to the City a Tu
Restriction to be filed in the office of the County Recorder, subject to the satisfs
the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Floodplain Special Use Permit by Resolution No.
the real property owned by the Developer. Said Notice of Restriction shall
property description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions specified for incl
the Notice of Restriction. The Planning Director has the authority to execute an
an amendment to the notice which modifies or terminates said notice upon a shc
good cause by the Developer or successor in interest.
5. Prior to the start of construction, the Developer shall apply for and obtain apprc
Coastal Development Permit issued by the California Coastal Commissior
successor in interest, that conforms to this approval. A signed copy of the
Development Permit must be submitted to the Planning Director. If the app
substantially different, an amendment to the Floodplain Special Use Permit
required.
6. The applicant shall secure the appropriate permits and approvals from all I
agencies affected by the dredging operation and disposal of dredged materials.
agencies shall include: U. S. Army Corp of Engineers, California Regional Water
Control Board. A copy of the required permits shall be submitted to the F
Director prior to the start of construction.
Engineering Conditions:
7. Prior to hauling dirt or construction materials to or from any proposed construct
within this project, the developer shall submit to and receive approval from t
Engineer for the proposed haul route. The developer shall comply with all conditi
requirements the City Engineer may impose with regards to the hauling operation.
8. Prior to any work being done within Bristol Cove, the applicant and/or contract(
contact the Carlsbad Municipal Water District at (760) 438-3367 extension 122 1
precise alignment of the sewer siphons under the cove entrance.
9. The applicant shall ensure that the contractor must leave a minimum of three feet
cover over the top of the sewer siphons in all areas. A surveyor shall be onsite
vertical elevation shots of cover over the sewer siphons and the same bench ma
presently being used for the siphons shall be the vertical control reference.
10. Any damage caused to the siphons by the contractor during the operations s:
repaired to the sewer siphon to original conditions at no cost to the City of Carlsbac
~ PC RES0 NO. 4280 -3 - I
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e a
1 1. The applicant shall document the 100 year flood elevation and the effects on
units around the Cove.
12. The proposed rip-rap repair is for maintenance only and shall be specifically de
on the site plan.
General Conditions
13. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or Mher condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Floodplain Special Use Permit.
Standard Code Reminders:
14. This approval shall become null and void if construction is not started for this
within 18 months from the date of project approval.
15. Approval of this request shall not excuse compliance with all applicable section
Zoning Ordinance and all other applicable City ordinances in effect at time of 1
permit issuance, except as otherwise specifically provided herein.
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~ PC RES0 NO. 4280 -4-
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I PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Cadsbad, California, held on the 6th day of May 199;
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following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Iv
5 Nielsen, Savary, and Welshons
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NOES:
ABSENT:
ABSTAIN:
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12 CARLSBAD PLANNING COMMISSION
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ATTEST:
MICHAEL J. HOBMILMR
Planning Director
PC RES0 NO. 4280 -5-