HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 48001
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
-
PLANNING COMMISSION RESOLUTION NO. 4800
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A
REPLACEMENT WEIR ON PROPERTY GENERALLY
LOCATED AT THE MOUTH OF BUENA VISTA LAGOON, IN
LOCAL FACILITIES MANAGEMENT ZONE 1,
CASE NAME: BUENA VISTA LAGOON WEIR
REPLACEMENT
CASE NO.: CUP 99-26
WHEREAS, the City of Oceanside, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by the California State Lands
Commission, “Owner”, described as
Portion of Assessors Parcel Number 203-010-18; Map 11007 as
recorded in San Diego County on July 27,1984 per Document
84-115526.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A’‘-“F” dated July 5, 2000, on tile in the Carlsbad Planning
Department, BUENA VISTA LAGOON WEIR REPLACEMENT, CUP 99-26, as provided
by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July, 2000 and on
the 19th day of July, 2000, 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
I
2
2
4
<
6
7
8
9
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BUENA VISTA LAGOON WEIR REPLACEMENT, CUP 99-
26, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the weir replacement does not conflict with the city’s
General Plan designation of open space or related policies.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the replacement weir has been designed to be accommodated within the existing
easement intended for the weir; in addition, the site can physically accommodate the
replacement weir which is designed to improved hydrologic efficiency for flows at
the lagoon mouth.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project will be conditioned to be maintained over
time and any adjustments necessary to the weir to accommodate future Bueua Vista
Lagoon management plan mandates, including removal, shall be implemented by
the City of Oceanside.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed weir replacement will not create
additional traffic demands other than the short term construction traffic.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading,
building or encroachment permit issuance; or initiation of construction/staging
activities.
1. 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; 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 Conditional Use Permit.
PC RESO NO. 4800 -2-
I
2
3
4
4
t
7
8
s
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
4.
5.
6.
7.
8.
9.
10
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit, Coastal Development Permit, and
Special Use Permit documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
This approval is granted subject to the approval of CDP 99-53 and SUP 99-07 and is
subject to all conditions contained in Planning Commission Resolutions No. 4801 and
4802 for those other approvals
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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.
The 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 Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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.
The Developer shall submit to Planning Director a reproducible 24” x 36”, mylar copy
of the Site Plan reflecting the conditions approved by the final decision making body.
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 the issuance of building permits.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of 5 years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
PC RESO NO. 4800 -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
11.
12.
13.
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met or the proposed weir adversely impacts
the goals and objectives of any future Buena Vista Lagoon Management Plan. 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. Furthermore, this conditional use
permit shall be altered or modified if necessary to implement the future Bueua Vista
Lagoon Management Plan that is currently being developed, as determined by the
Planning Director in consultation with the California Department of Fish and
Game. If required by the Management Plan, the weir modification may include
complete removal at the expense of the City of Oceanside. Annual reviews for this
CUP shall also monitor the progress of the Management Plan’s development.
The applicant shall apply for and be issued building permits for this project within two
years (2) of approval or this permit will expire.
The City of Oceanside shall demonstrate to the satisfaction of the Planning Director
that all necessary resource agency permits have been secured including (as needed):
the California Department of Fish and Game, the US Wildlife Service, State Lands
Commission, Regional Water Quality Control Board, Army Corps of Engineers, the
Coastal Commission.
Prior to the issuance of building or grading permits, Developer shall record a deed
restriction on all affected properties in compliance with the waiver of public liability
provisions set forth in Section 21.204.120 of the Carlsbad Municipal Code, relating
to the Coastal Shoreline Overlay Zone. This provision shall bind future property
owners.
Engineering Conditions:
Unless specifically stated in the condition, all of the following conditions, upon the
approval of this application, must be met prior to start of construction or issuance of au
Encroachment Permit, whichever is first.
General
14. Prior to construction, Developer shall obtain au Encroachment Permit from the
City of Carlsbad for the channel modifications proposed within the existing joint
drainage and weir easements as delineated on the topographic survey (sheet 4 of site
plans). The content of said Encroachment Permit shall be prepared to the
satisfaction of the City Engineer.
15. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
PC RESO NO. 4800 -4-
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
for the proposed haul route.
16. Developer shall provide the City with 24” x 36” photo-mylar reflecting the as-built
conditions. The as-built shall be prepared by the Engineer-of-work for the project
and said mylar(s) shall be submitted to the City Engineer for Record-keeping.
Fees/Aureements
17. Developer shall cause property owner to execute and submit to the City Engineer for
recordation a “Drainage Hold Harmless Agreement” regarding drainage as it relates to
this project. The agreement shall also contain the following project information:
a. The proposed weir structure is proposed by the City of Oceanside.
b. The scope of the project is controlled by budget availability.
c. The proposed weir modifications do not provide 100% flood protection to the
adjacent communities.
d. The proposed weir improvements are intended to improve the hydraulic
efficiency of the existing weir structure.
e. The proposed weir structure shall be constructed and maintained at the sole
expense of the City of Oceanside.
The form and content of said Agreement shall be prepared to the satisfaction of the
City Engineer and the City Attorney.
Grading
18.
19.
20.
No grading operations shall occur within the lagoon month during the rainy season,
in order to prevent unnecessary siltation to the ocean. If before October 15,
disturbed soil has not been properly stabilized, Developer shall take all necessary
measures to prevent erosion of soil, including but not limited to the installation of
jute netting, hydroseed, and visqueen. Any staging, construction or grading
activities associated with the weir replacement may he extended beyond November
15’s upon written approval of the City Engineer and Planning Director after
consultation with, and concurrence of, the Coastal Commission and affected
resource agencies to ensure no conflicts with the permit requirements of those
entities.
Construction activity shall be limited to the staging areas, as delineated in sheet 5 of the
site plans. Any disturbance outside these areas shall be subject to approval by the
appropriate permitting authorities.
Prior to issuance of an Encroachment Permit, Developer shall provide letters from
the owners of the following parcels of land affected by this project. This project
proposes staging and construction activities located outside the existing drainage
and weir easements. No offsite grading work shall occur outside the limits of these
easements unless Developer obtains, records and submits a recorded copy to the City
PC RESO NO. 4800 -5-
‘
c
t
7
E
s
1c
11
12
I?
14
15
16
15
18
1s
2c
21
22
23
24
25
26
27
28
- .,.
Engineer of evidence that easements have been obtained from the owners of the
affected properties. The affected properties are:
a) APN 203-010-18 (State of California)
b) APN 203-010-21 (Beach Homeowner’s Association)
c) APN 203-010-20 (Beach Homeowner’s Association)
d) APN 155-102-46 (Saint Malo Association)
e) APN 155-102-47 (Open spacekiparian)
f) APN 155-104-04 (Saint Malo Association and JASM Trust)
Dedications/Improvements
21,
22,
Additional drainage (or flowage) easements may be required. Developer shall obtain
these drainage easements as required to encompass the proposed channel widening as
depicted on the site plan.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
23. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
PC RESO NO. 4800 -6-
..c
1 NOTICE
2
3 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
4 “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.
13
14
15
16
17
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of July 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
22
23
24 CARLSBAD PLANNING COMMISSION
II PC RESO NO. 4800