HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58571
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PLANNING COMMISSION RESOLUTION NO. 5857
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE
REESTABLISHMENT OF A SEWER MAINTENANCE
ACCESS ROAD, CONSTRUCTION OF A SHORELINE
PROTECTION WALL, RELOCATION OF SEWER PIPELINE,
REHABILITATION OF MANHOLES, AND FUTURE
MAINTENANCE AND OPERATION ACTIVITIES FOR THE
LINE AND DEVELOPMENT OF A PORTION OF THE
CITYWIDE TRAIL SYSTEM ON PROPERTY GENERALLY
LOCATED ALONG THE NORTHERN SHORE OF AGUA
HEDIONDA LAGOON GENERALLY BETWEEN HOOVER
STREET AND COVE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
NORTH AGUA HEDIONDA-WEST (NAHI-WEST) SEWER
CASE NAME: NAHI-WEST
CASE NO: SUP 04-01
WHEREAS, City of Carlsbad, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by various owners, “Owners,” described as
Assessor’s Parcel Numbers: 206-120-36; 206-120-21; 206-120-
28; 206-120-29; 206-120-19; 206-120-18; 206-120-38; 206-120-
37; 206-120-16; 206-1 71-09; 206-1 71-03; 206-1 72-04; 206-172-
03; 206-172-05; 206-172-06; 206-172-07; 206-200-01; 206-200-
02; 206-200-03; 206-200-04; 206-200-05; 206-200-06; 206-200-
07; 206-200-12; 206-200-13; 207-150-087; and 207-150-086
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit - Floodplain as shown on Exhibits “A” - “T” dated April 6, 2005 on file in the Planning
Department NAHI-WEST - SUP 04-01, as provided by Chapters 21.40 and 21.1 10 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of April, 2005 hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES NAHI-WEST - SUP 04-01, based on the following findings and
subject to the following conditions:
Findings:
1.
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7.
The site is reasonably safe from flooding.
The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that no habitable structure is proposed.
The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the proposed new or rehabilitated structures (manholes, pipeline,
roadway, swale, crib walls, and shoreline protection) will be placed either
underground or relatively flush with existing ground contours.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the proposed new or rehabilitated
structures (manholes, pipeline, roadway, swale, crib walls, and shoreline protection)
will be placed either underground or relatively flush with existing ground contours.
The proposed project does not reduce the ability of the site to pass or handle a base flood
of 1 00-year fiequency in that the proposed new or rehabilitated structures (manholes,
pipeline, roadway, swale, crib walls, and shoreline protection) will be placed either
underground or relatively flush with existing ground contours.
The proposed project taken together with all the other known, proposed and anticipated
projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the proposed new or rehabilitated structures (manholes, pipeline,
roadway, swale, crib walls, and shoreline protection) will be placed either
underground or relatively flush with existing ground contours.
All other required state and federal permits have been obtained or will be obtained prior
to issuance of a Grading Permit.
PC RES0 NO. 5857 -2-
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8.
9.
10.
11.
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 March 2, 2005 including, but not limited to the following: the
existing sewer line and the proposed activities related to the sewer line are consistent
with the Land Use Element of the General Plan in that the sewer line, maintenance
access road, and trail are allowed in all General Plan land use designations.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically, the proposed sewer line rehabilitation and maintenance and related
project activities do not generate any facility plan improvement requirements or
funding.
That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad (“Standards”); Trail Construction
Standards; and the approved plans.
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
Grading Permit or Building Permit, whichever comes 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 modifjr 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; record a notice of violation on the
property title; 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 Floodplain SUP.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
-3 - PC RES0 NO. 5857
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3.
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shall occur substantially as shown in 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 implement, or cause the implementation of, the EIR 03-02 Project
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.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Special Use Permit reflecting the conditions approved by the final decision making
body.
Approval is granted for SUP 04-01 dated March 2, 2005 on file in the Planning
Department and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
Prior to issuance of a Grading Permit, the Developer shall apply for and obtain approval
of a Coastal Development Permit issued by the California Coastal Commission or its
successor in interest, that substantially conforms to this approval. A signed copy of the
Coastal Development Permit must be submitted to the Planning Director. If the approval
is substantially different, an amendment to SUP 04-01 shall be required.
Prior to issuance of a Grading Permit, the Developer shall: 1) consult with the United
States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2)
obtain any permits required by the USWFS.
Prior to issuance of a Grading Permit, the Developer shall provide an irrevocable offer
of dedication to the City of Carlsbad for a trail easement for a trail shown on the Special
Use Permit. The trail shall be constructed as a public trail for public use and accepted by
the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions
for maintenance and liability. Otherwise, prior to issuance of any Grading Permits, the
obligation for acceptance, construction, maintenance, and liability shall be the
responsibility of another agency designated by the City or the responsibility of the
Homeowner’s Association.
PC RES0 NO. 5857 -4-
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13. This approval is granted subject to the approval of HMPP 04-02 and is subject to all
conditions contained in Planning Commission Resolutions No. 5858 for those other
approvals incorporated herein by reference.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
14. 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/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 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. ...
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PC RES0 NO. 5857 -5-
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Commissi
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
n of the City of Carlsbad, California, held on the 6th day of April 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
NOES:
ABSENT: Commissioner Dominguez
ABSTAIN: 3 JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
'PC RES0 NO. 5857 -6-