HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57651
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. 5765
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
GENERALLY LOCATED WITHIN BUENA VISTA CREEK
EAST OF JEFFERSON STREET AND SOUTH OF HIGHWAY
78, IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND
THE MELLO I1 SEGMENT OF THE CITY’S COASTAL ZONE.
DEVELOPMENT PERMIT CDP 03-50 ON PROPERTY
CASE NAME: VISTA-CARLSBAD INTERCEPTOR SEWER
CASE NO.: CDP 03-50
WHEREAS, the City of Vista and Buena Vista Sanitation District,
“Owners/Developers,” has filed a verified application with the City of Carlsbad regarding
property described as
A portion of Parcels 1 and 2 per Parcel Map 15975 and Minor
Subdivision 711 as recorded in the City of Carlsbad, County of
San Diego on February 2, 1990, and per sewer easement
dedicated to the Vista Sanitation District and City of Carlsbad
per recorded document No. 79-372465
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “J” dated October 20, 2004, on file in the
Planning Department, VISTA-CARLSBAD INTERCEPTOR SEWER - CDP 03-50 as
provided by Chapter 2 1.20 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of October 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.
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) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
APPROVES VISTA-CARLSBAD INTERCEPTOR SEWER - CDP 03-50
1.
2.
3.
4.
That the proposed development is in conformance with the Mello I1 Certified Local
Coastal Program and all applicable policies in that Policy No. 5-1, Regional Sewage
Transportation System, requires that “planned improvements to the regional
sewage transportation system should be undertaken and completed. These
improvements are necessitated by development beyond the coastal zone.” By
participating in the project, this Policy is satisfied since the existing sewer line that
will be relined with rehabilitation work performed on all manholes is a regional
Vista-Carlsbad sewer line that also crosses into the City of Oceanside and requires
approvals from them. The work is needed to repair the sewer line and maintain the
manholes to protect overall public health, safety and welfare. As the Lead Agency,
the City of Vista prepared the environmental review, which resulted in the City of
Oceanside’s approval of their portion of the project, in addition to the approval of a
Negative Declaration for the entire project, in February 2004.
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 relining and manhole repair project; and no
development is associated or facilitated by this project. It proposes repairs to
existing sewer infrastructure and does not impact public access opportunities or
recreational resources in the project vicinity.
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 (JUMP) 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 Negative Declaration was previously adopted
[ 15 1621;
b. This project is consistent with the project cited above;
c. A Negative Declaration was certified by the City of Oceanside on February
23, 2004 as prepared by Lead Agency City of Vista, 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 Negative Declaration; and
PC RES0 NO. 5765 -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
e. None of the circumstances requiring a Subsequent Negative Declaration under
CEQA Guidelines Section 15 162 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 right-of-way
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 fbrther 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)
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
PC RES0 NO. 5765 -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
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.
6. 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.
7. 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.
Eneineering:
8.
9.
10.
11.
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.
This project is required to obtain a right-of-way permit prior to the commencement
of any work within the public right-of-way or within a City easement.
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. In addition to the Traffic Control Plan, a staging and equipment storage
plan (within the City of Carlsbad) shall be approved by the City Engineer.
Developer/Contractor shall install Traffic control devices in accordance with
approved Traffic Control Plan as required.
Prior to the issuance of right of way or construction permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(S WPPP).” 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.
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.
PC RES0 NO. 5765 -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
Fire: -
13. Upon approval of this project and award of contracts, a Fire Department representative
shall be invited to the Pre-construction meeting to address public access issues if any, and
a review of the construction firm’s Confined Space Entry/Retrieval policy.
14. Fire shall require a complete listing of emergency contacts and phone numbers including
after-hours numbers.
15. Fire shall require the opportunity to review the Contingency Plan for spill containment
and cleanup.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
16. 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 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 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 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. 5765 -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 20th day of October 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
a- ' FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLYZMILYER
Planning Director
PC RES0 NO. 5765 -6-