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HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 49571 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4957 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 00-47 ON PROPERTY GENERALLY LOCATED AT THE SOUTH CARLSBAD STATE BEACH PARKING LOT AND CARLSBAD BOULEVARD RIGHT-OF-WAY, SOUTH OF BATIQUITOS LAGOON, IN THE COASTAL ZONE, IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: LEUCADIA DRAINAGE PROJECT CASE NO.: CDP 00-47 WHEREAS, the City of Encinitas, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by California State Parks, “Owner,” described as Portion of Lot 20, Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, on the County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “C” dated April 18, 2001, on tile in the Planning Department, LEUCADIA DRAINAGE PROJECT - CDP 00-47 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of April 2001, 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 CDP, 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. 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 B) Findings: That based on the evidence presented at the public hearing, the Commission APPROVES LEUCADIA DRAINAGE PROJECT - CDP 00-47 based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that this project assists the City of Encinitas with a major flood control project. The existing 239 spaces at the State Beach parking lot will be reconfigured to have 243 spaces, so the project will not reduce the number of spaces in the lot. The basin improvements will accommodate the flow of water and protect Carlsbad Boulevard from extreme flooding events associated with 50-year+ storm events. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that this project will not preclude public access or recreation opportunities. The short term construction impacts will be avoided through adherence to existing permits that regulate the timing of construction activities. This project is consistent with the Coastal Resource Protection Overlay Zone in that appropriate hydrologic and drainage studies were performed to ensure that there are no adverse habitat impacts due to the proximity of Batiquitos Lagoon and wetland areas. The project is also consistent with the Coastal Shoreline Development Overlay Zone in that the project’s design will not adversely impact or hinder public beach access, and; the applicant will execute a waiver of public liability on the part of the California Coastal Commission and the City consistent with the provisions of the City’s zoning ordinance (Municipal Code Chapter 21.204.120). This project is consistent with the General Plan in that these drainage facilities will protect the sensitive coastal environment found south of Batiquitos Lagoon near the Carlshad/Encinitas border. Public health and safety concerns are addressed by designing and implementing this flood control project that will also protect roadway and State Beach infrastructure. That the Negative Declaration and environmental review performed by the Lead Agency on this project, the City of Encinitas, has been reviewed, considered and deemed adequate by the City of Carlsbad Planning Commission to ensure that no adverse environmental impacts will result from the implementation of this project. This applies to the entire project description with the exception of the Cat&bad Boulevard median overflow component. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15304 Minor Alterations to Land, Class 4 of the state CEQA Guidelines, In making this determination, the Planning Director has found that the exceptions listed in Sectionl5300.2 of the state CEQA Guidelines do not apply to this project. This exemption only applies to that PC RESO NO. 4957 -2. 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 portion of the project description that involves the 50-year+ storm event flows to be directed into the Carlsbad Boulevard median Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to acceptance of 1. 2. 3. 4. 5. 6. improvements. 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 Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CDP 00-47 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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 Coastaf Development 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. PC RESO NO. 4957 -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 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits 8. Any grading activities within the City of Carlsbad shall either occur: (1) Between September 4 and October 1 with potential to extend to November 15 by approval of the City Public Works Director and affected resource agencies; or, (2) Between April 1 to just prior to the Memorial Day weekend if the site has been cleared and grubbed, to the satisfaction of affected resource agencies prior to the start of sensitive bird nesting on March 15. 9. All terms and conditions of the permits issued by the City of Encinitas, and affected resource agencies, shall be complied with in their entirety. 10. The City of Encinitas shall obtain any approvals, if necessary, from affected resource agencies to accommodate the Carlsbad Boulevard median portion of the project. 11. The applicant shall execute a deed restriction to the satisfaction of the Planning Director to comply with section 21.204.120 of the zoning ordinance regarding a waiver of public liability whereby the applicant assumes all liability and specifically exempts the City of Carlsbad and the Coastal Commission from any liability. Engineering: 12. 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 for the proposed haul route permit, right of way permit and traffic control plan. Fees/Agreements 13. The City of Encinitas shah provide to the City Engineer, an acceptable document, for maintaining the storm drain facilities that are apart of this project. The City of Encinitas shall be solely responsible for the maintenance and operation of said facilities Grading 14. Prior to the issuance of a right-of-way permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 15. Based on a review of the proposed grading and of the grading ordinance, it has been determined that this project is exempt from the requirements of a grading permit. 16. The City of Encinitas shall submit a grading plan, storm drain plan and traffic control plan to the City of Carlsbad for review and approval. A separate signature block will be provided for the Carlsbad City Engineer to sign and approve the plans for work within the City of Carlsbad. PC RESO NO. 4957 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 Coastal Conditions 17. The right-of-way permit shall limit all grading activities to be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1st. Dedications/improvements 18. Prior to issuance of the right of way permit, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP)“. The SWPPP shall be in compliance with the current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to City employee education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent possible. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 19. 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. NOTICE 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 “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 PC RESO NO. 4957 -5. 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of April 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, L’Heureux, Nielsen, and Trigas NOES: ABSENT: Commissioner Heineman ABSTAIN: CAFCL~BAD PLANNING COMMISSION ATTEST: MICHAEL J. HOBMILtiR Planning Director PC RESO NO. 4957 -6.