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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