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HomeMy WebLinkAbout2001-05-16; Planning Commission; Resolution 49791 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. 4979 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW PERIODIC MAINTENANCE DREDGING OF THE OUTER AGUA HEDIONDA LAGOON AND THE PLACEMENT OF DREDGED SAND ON CARLSBAD BEACHES IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AGUA HEDIONDA LAGOON DREDGE CASE NO: SUP 01-02 WHEREAS, Cabrillo Power LLC, “Developer”/“Owner” has tiled a verified application with the City of Carlsbad regarding property described as Portions of Lot “H” of Ran&o Agua Hedionda, according to partition Map No. 823, filed November 16,1896 (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibit(s) “A” - “N” dated May 16, 2001, on file in the Planning Department AGUA HEDIONDA LAGOON DREDGE - SUP 01-02, as provided by Chapter 21.40/21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th day of May, 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 Special Use Permit; WHEREAS, the Planning Director has determined that the project is categorically exempted from the procedural requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15304(g) of the State of California CEQA Guidelines; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: t 7 5 s lf 11 12 13 14 15 1t 17 18 15 2c 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 AGUA HEDIONDA LAGOON DREDGE - SUP 01-02, based on the following findings and subject to the following conditions: Findin@: 1. 2. 3. 4. 5. 6. The project is consistent with the Parks and Recreation Element (i.e., Goals, Objectives, and Policies B.6 and C.11) of the General Plan in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of the outer lagoon, will enhance public recreation opportunities by increasing the amount (i.e., square footage area) of useable public beach and by formalising a public trail along the north shore of the outer lagoon. The project is consistent with the Open Space and Conservation Element (i.e., Goals, Objectives, and Policies A.l, A.2, A.3, and A.4) of the General Plan in that dredging the outer lagoon and the intake channel, in particular, will allow for the continued flow of fresh, nutrient-rich ocean waters into the lagoon thereby maintaining/ improving the overall health of the lagoon; and the placement of dredged sand on the beach will enhance and protect important City open space resources by assisting the build up of a deteriorating beach profile and by creating a wider beach which will assist in the protection of coastal bluffs from erosion caused by ocean wave action. The project is consistent with the Public Safety Element (Goal A) of the General Plan in that the placement of dredged sand on the beach will increase beach width which will assist in the protection of coastal bluffs from erosion caused by ocean wave action, thereby protecting private and public property in the vicinity of the beach. The project is an allowable activity/use in the Open Space zone and complies with all its standards in that the dredge activity, placement of sand on the beach, and trail improvements along the north shore of the outer lagoon will maintain/improve the overall health of the lagoon by dredging the intake channel and ensuring the continued flow of fresh, nutrients rich ocean waters into the lagoon; enhance the quality of the beach by placing dredged sand on the beach thereby assisting in the build up of a deteriorating beach profile; and by formalizing public access to open space areas through installation of trail improvements. The proposed lagoon dredge will not create a hazard or adversely impact development, or adjacent and upstream properties and structures; and the cumulative effect of this project and the adjacent approved projects will not significantly raise the level of the 100 year flood plain (base flood elevation) in that the dredge activity will increase the physical capacity of the lagoon and therefore the ability of the lagoon to accommodate flood waters. The project is in conformance with the Certified Local Coastal Program and all applicable policies in that dredging the outer lagoon and the intake channel, in particular, will allow for the continued flow of fresh, nutrient-rich ocean waters into PC RESO NO. 4979 -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 the lagoon thereby maintaining/improving the overall health of the lagoon; and the placement of dredged sand on the beach will enhance and protect coastal resources by assisting the buildup of a deteriorating beach profile and by creating a wider beach which will assist in the protection of coastal bluffs from erosion caused by ocean wave action. 7. The project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of the outer Agua Hedionda Lagoon, will enhance public recreation opportunities by increasing the amount (i.e., square footage area) of useable beach and by formalizing public access to coastal resources by installing trail improvements along the north shore of the outer lagoon. Conditions: 1. 2. 3. 4. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit and Coastal Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval The previously approved maintenance access road (SUP 92-04) shall also he used as a public access trail along the lagoon as required by Policy 7.6 of the Agua Hedionda Segment of the Local Coastal Program. Trail improvements and signage shall be consistent with the concepts illustrated in the “Open Space and Conservation Resource Management Plan,” dated June 1992. The trail improvements and signage shall he approved by the Planning Director and may be subject to additional CEQA review. Trail improvements and signage shall be installed within one year of the date of the approval of this permit. The required installation date may be extended, to no more than five years from the date of the approval of this permit, if the trail improvements and signage will he installed in conjunction with another outer Agua Hedionda north shore construction/ improvement project at the discretion of the Planning Director. This permit authorizes the dredging operation for a period of tive (5) years from the date of the Planning Commission approval of this permit. 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. 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 PC RESO NO. 4979 -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 5. 6. 7. 8. California State Parks and Recreation California State Lands Commission Regional Water Quality Control Board The required permits from the above mentioned resource agencies shall remain in effect throughout the time limits established in the approved Special Use Permit and Coastal Development Permit. 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. At least three (3) months prior to any dredging activity, the applicant shall provide written notice to the City Engineer of such activity. Upon receipt of said written notice from the applicant, the City Engineer shall forward this notice to the Beach Erosion Committee (BEC). The BEC shall review this notice to ensure that the ultimate location for the deposition of the dredged sand is consistent with the recommendations contained in the study of Sediment Transport Conditions in the Vicini@ of Agua Hedionda Lagoon (December 30,1998), which states that 30% of the dredged sand shall be placed on “North Beach” (as identified in the study) and that the remaining sand be placed on “Middle and South Beaches”. This requirement represents the minimum amount of sand to he placed on North Beach, and does not preclude the placement of any amount of sand more than 30% on North Beach as mutually agreed upon by the City and the applicant. 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 ou the beach for a distance of one mile from the mouth of the Lagoon and consistent with the approved work limits of the applicants other agency permits. 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. Prior to the issuance of any permit, the applicant shall provide the City Engineer a plan for interim pedestrian circulation control, to include public information signage describing the project. . , PC FLESO NO. 4979 -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 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 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 16th day of May, 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: ATTEST: Planning Director PC RESO NO. 4979 -5-