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HomeMy WebLinkAbout2004-02-18; Planning Commission; Resolution 55691 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. 5569 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL COASTAL RAIL TRAIL ON PROPERTY GENERALLY BETWEEN TAMARACK AVENUE AND OAK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND THE MELLO 11 SEGMENT OF THE CITY LOCAL COASTAL PROGRAM. CASE NAME: COASTAL RAIL TRAIL DEVELOPMENT PERMIT CDP 03-31 A SEGMENT OF THE LOCATED ALONG THE RAILROAD RIGHT-OF-WAY CASE NO.: CDP 03-31 WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by North County Transit District, “Owner,” described as A portion of Parcels 15 and 16 of Section 6 of Map No. 804-37- 85 and a portion of Parcel 5 of Map 804-37-8C as recorded in 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” - “G” dated February 18, 2004, on file in the Planning Department, COASTAL RAIL TRAIL - CDP 03-31 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of February 2004, 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: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES COASTAL RAIL TRAIL - CDP 03-31 based on the following findings and subject to the following conditions: Findinm : 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the railroad right-of-way between Tamarack Avenue and Oak Avenue is designated as Transportation Corridor (T-C) in the City’s General Plan as well as the Mello I1 segment of the City’s Local Coastal Program. Bicycle and pedestrian paths and trails are permitted uses in the T-C zone, and this project will implement the first segment of Carlsbad’s portion of the 44-mile Coastal Rail Trail (CRT) project. The CRT project is a regional effort to provide a passive-use trail parallel to the San Diego County coastline, located mostly along the railroad right-of-way connecting Oceanside with downtown San Diego. Future City segments of the CRT will secure permits as needed to implement the region a1 project. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the Coastal Rail Trail is a regional approach to enhancing recreational opportunities by providing a continuous bicycle and pedestrian path within the coastal zone on currently unutilized existing rights-of-way. This project will implement the first segment of Carlsbad’s portion of this regional effort. The project site is not located in a sensitive environmental area, and no significant coastal resources are associated with the railroad right-of-way between Tamarack Avenue and Oak Avenue. Furthermore, the site is not subject to any of the Coastal Overlay Zones which require additional reports and disclosures. The project implements the San Diego Coastal Rail Trail project initiated by a Memorandum of Understanding in 1996 with various local and regional partners, agencies and affected stakeholders. The Planning Director has determined that: a. the project is a project for which a Mitigated Negative Declaration was previously adopted [ 15 1621; and b. this project is consistent with the project cited above; c. the Coastal Rail Trail project was certified (Mitigated Negative Declaration approved by the City Council on April 17,2001) in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; e. none of the circumstances requiring a subsequent Mitigated Negative Declaration or a supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. PC RES0 NO. 5569 -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 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. 6. 7. Unless otherwise specified herein, all conditions shall be satisfied prior to City Council authorization to bid for construction contract. 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 Coastal Development 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. 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. Developer shall submit to Planning Director a reproducible 24” x 36” mylar copy of the project exhibits 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. Construction of this project will not commence unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. PC RES0 NO. 5569 -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 8. 9. 10. 11. 12. 13. 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The Final Landscape Plan shall be in substantial conformance with the landscaping depicted on Exhibits “D” - “G” and shall address the visual treatment of all walls in addition to landscaping the Coastal Rail Trail and providing public art opportunities. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. All required approvals shall be obtained from the Public Utilities Commission (PUC) and/or North County Transit District (NCTD) as necessary for the construction and long-term maintenance of the Coastal Rail Trail. A Sign Program, consistent with the regional Coastal Rail Trail sign provisions, shall be reviewed and approved by the Planning Director. A Trail Management Plan for the long-term maintenance and operation of the Coastal Rail Trail shall be reviewed and approved by the City including specific approvals from: Fire and Police Departments, Public Works Administration and Maintenance, City Engineer, Risk Management and Planning Director. Public Art shall be provided at the locations depicted on the Project Exhibits, subject to subsequent City Council review and approval consistent with the City’s Public Art policy. This approval shall become null and void if City Council authorization to bid for construction contract is not issued for this project within two years from the date of project approval. En Pineering 15. Prior to the issuance of Notice of Proceed, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of “Notice of Intent’’ issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter PC RES0 NO. 5569 -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 said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 16. Prior to the issuance of Notice to Proceed, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. C. d. e. f. identifl existing and post-development on-site pollutants-of-concern; identifl the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and 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 practicable. 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 feedexactions. 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 feedexactions 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. PC RES0 NO. 5569 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of February 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery, and Whitton NOES: None ABSENT: Commissioners Dominguez and Segall ABSTAIN: None 7 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&ML!ER Planning Director PC RES0 NO. 5569 -6-