HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56251
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PLANNING COMMISSION RESOLUTION NO. 5625
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
INSTALLATION OF A STORM DRAIN REPLACEMENT ON
PROPERTY GENERALLY LOCATED AT THE NORTHERN
TERMINUS OF HIGHLAND DRIVE AND EXTENDING INTO
HOSP GROVE IN LOCAL FACILITIES MANAGEMENT ZONE
1.
CASE NAME: DUNN PROPERTY STORM DRAIN
DEVELOPMENT PERMIT CDP 03-41 TO ALLOW
REPLACEMENT
CASE NO.: CDP 03-41
WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by James Dunn and the City of Carlsbad,
“Owners,” described as
That portion of the northwest quarter of the southwest quarter
of Section 31, Township 11 south, Range 4 west, San Diego
meridian, in the County of San Diego, State of California,
according to the United States Government Survey, approved
April 5,1881, together with a portion of Lots 4 and 5 of Cedar
Hill addition to the town of Carlsbad, according to Map
thereof No. 532, filed in the office of the County Recorder of
San Diego County, April 25, 1888, all being in the City of
Carlsbad, County of San Diego, State of California and
described as per Grant Deed recorded September 25, 1962 as
File No. 164830 of official records filed in the office of the
County Recorder of San Diego County, State of California,
described herein as Deed 1, along with that portion described
per Corporation Grant Deed recorded April 9,1963 as File No.
60557 of official records, filed in the office of the County
Recorder of San Diego County, State of California, described
herein as Deed 2, and as shown on Record of Survey 13744,
recorded May 7,1992 as File No. 92-27634 filed in the office of
the County Recorder of San Diego County, State of California,
Tract No. 1, Parcel 2, Document 36394 recorded 1972 in Lot 19
and in Lot 20
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “C” dated May 19, 2004, on file in the
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Planning Department, DUNN PROPERTY STORM DRAIN REPLACEMENT - CDP 03-41,
as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
03-41 based on the following findings and subject to the following conditions:
APPROVES DUNN PROPERTY STORM DRAIN REPLACEMENT - CDP
Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated May 19,2004 including, but not limited to the following:
Circulation Element: The replacement of an undersized and broken storm drain
with a properly sized pipe that serves an existing single family neighborhood is
consistent with the City’s goal to complete a comprehensive network of storm drain
facilities that provide appropriate flood control services to all land uses.
2. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the storm drain replacement is required by
and consistent with LCP policy requiring that improvement and enlargement of
storm drain facilities in developed areas must be in accordance with the Master
Drainage Plan (MDP). Storm drain alignments as proposed in the MDP that empty
into Buena Vista Lagoon are not permitted unless they comply with provisions of
the Coastal Act requiring that the functional capacity of the lagoon is maintained or
enhanced. The project will maintain the functional capacity of Buena Vista Lagoon
through replacement of an undersized, broken storm drainpipe with a properly
sized pipe that will control runoff and reduce sediment prior to entering the lagoon.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that there are no public recreation or access requirements
associated with the storm drain alignment.
PC RES0 NO. 5625 -2-
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4. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 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. The construction of drainage improvements are exempted from grading
restrictions on steep slopes containing native vegetation provided that the storm
drain alignment is consistent with the Coastal Act. As stated in Finding 1 above,
the project will maintain the functional capacity of Buena Vista Lagoon as required
by the Coastal Act.
5. The Planning CommissiodCity Council (select one) hereby finds that all development in
Carlsbad benefits from the Habitat Management Plan, which is a comprehensive
conservation plan and implementation program that will facilitate the preservation of
biological diversity and provide for effective protection and conservation of wildlife and
plant species while continuing to allow compatible development in accordance with
Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive
species is required by the Open Space and Conservation Element of the City’s General
Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-
Lieu Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan.
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: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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 Coastal Development Permit.
2. 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.
PC RES0 NO. 5625 -3-
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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 ths 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)
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 implement, or cause the implementation of, the Mitigation Monitoring
and Reporting Program.
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.
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 1.201.2 10 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and is subject to all conditions
contained in Planning Commission Resolution No. 5624 for those other approvals
incorporated herein by reference.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, which provide some benefits to wildlife, as documented in the City’s
Habitat Management Plan and the environmental analysis for this project. Developer is
PC RES0 NO. 5625 -4-
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aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of
the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The
Developer is further aware that the City has determined that all projects will be required
to pay the fee in order to be found consistent with the Habitat Management Plan and the
Open Space and Conservation Element of the General Plan. The fee becomes effective
following final approval of the Habitat Management Plan. The City is currently updating
the fee study, which is expected to result in an increase in the amount of the fee. If the
Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in
interest shall pay the adjusted amount of the fee. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any an all
approvals for this project shall become null and void.
En pineering
12. Prior to the issuance of grading permit or building permit, whichever occurs first,
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 be prepared per Appendix D of the City’s current SUSMP.
Code Reminders:
13. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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/exac tions .”
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 feedexactions of which you have previously been given a
PC RES0 NO. 5625 -5-
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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 19th day of May 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5625 -6-