HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 56071
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PLANNING COMMISSION RESOLUTION NO. 5607
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED WITHIN AND WEST OF THE EL
ROAD TO CALLE BARCELONA IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: NORTH GREEN VALLEY INTERCEPTOR
SEWER
DEVELOPMENT PERMIT CDP 03-26 ON PROPERTY
CAMINO REAL RIGHT-OF-WAY NORTH OF OLIVENHAIN
CASE NO.: CDP 03-26
WHEREAS, Leucadia Wastewater District, “OwnerDeveloper,” has filed a
verified application with the City of Carlsbad regarding property described as
A portion of the North Half of Section 2, Township 13 South,
Range 4 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California per Leucadia
Wastewater District Easement No. 309 and San Diego
Recorders Document No. 82-223154
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “I” dated April 21, 2004, on file in the
Planning Department, NORTH GREEN VALLEY INTERCEPTOR SEWER - CDP 03-26
as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
03-26 based on the following findings and subject to the following conditions:
APPROVES NORTH GREEN VALLEY INTERCEPTOR SEWER - CDP
Findings:
1.
2.
3.
4.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that Policy No. 3 Environmentally Sensitive
Habitats, Green Valley Riparian Corridor within the East Batiquitos Lagoon LCP
designates this area west of El Camino Real as a sensitive riparian corridor with
southern willow and coastal sage habitats. Policy (3) (b) allows for public
infrastructure along with the protection of sensitive habitat. This project will only
create temporary impacts since all work will be done within existing easements for
existing sewer line infrastructure which will be replaced or repaired. Temporary
habitat impacts will be mitigated by implementation of the project's Mitigated
Negative Declaration, processed by the Leucadia County Water District, acting as
Lead Agency (State Clearinghouse No. 2003021068), which combines offsite
mitigation bank contributions plus onsite revegetation efforts to satisfy the
applicable LCP policy.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that these policies do not pertain to the land or right-of-way
involved with this sewer interceptor upgrade and repair project and no
development is associated or facilitated by this project. It proposes upgrades and
repairs to existing sewer infrastructure.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
The Planning Director has determined that
a. The project is a project for which a Mitigated Negative Declaration was
previously adopted [ 15 1621.
b. This project is consistent with the project cited above;
c. Mitigated Negative Declaration was certified by the Leucadia Wastewater
District on April 9,2003 in connection with the prior project or plan;
d. The proposed project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration; and
PC RES0 NO. 5607 -2-
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e. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15 163 exist.
5. 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.
Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
issuance.
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/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 Coastal 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)
PC RES0 NO. 5607 -3-
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6.
7.
8.
9.
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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.21 0 of the Zoning Ordinance.
All elements of the project’s Mitigation Monitoring and Reporting Program, as
contained in the Final Mitigated Negative Declaration, as certified and approved by
the Lead Agency, the Leucadia Wastewater District, on April 9, 2002 shall be
carried out and implemented to the satisfaction of the Planning Director.
En Pineering:
10.
11.
12.
13.
14.
If a grading permit is required, all grading activities shall be planned in units that can 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 and only if all erosion control measures are in
place by October 1 st.
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.
Prior to the issuance of a right-of-way permit, the developer shall prepare, process
and receive approval of a Traffic Control Plan to the satisfaction of the City
Engineer which shall restrict work at the two areas of project excavation to
commence no earlier than 1O:OO PM for nighttime work.
Developer/contractor shall install Traffic control devices in accordance with
approved Traffic Control Plan as required.
Prior to the issuance of grading permit or building permit, whichever occurs first,
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
PC RES0 NO. 5607 -4-
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to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) 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 or natural drainage course; and
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.
d.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
15. 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
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 feedexactions 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. 5607 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
8
MICHAEL J. HWMILYER
Planning Director
PC RES0 NO. 5607 -6-