HomeMy WebLinkAbout2006-05-03; Planning Commission; Resolution 60921 PLANNING COMMISSION RESOLUTION NO. 6092
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 04-41 TO ALLOW THE
4 INSTALLATION OF UNDERGROUND PIPELINES TO
5 CONVEY DESALINATED WATER ALONG VARIOUS
ALIGNMENTS IN THE MELLO II SEGMENT OF THE LOCAL
6 COASTAL PROGRAM AND NORTH OF PALOMAR
AIRPORT ROAD AND IN LOCAL FACILITIES
7 MANAGEMENT ZONES 3, 5, 8, AND 13.
CASE NAME: PRECISE DEVELOPMENT PLAN AND
8 DESALINATION PLANT
9 CASE NO.: CDP 04-41
10 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a
verified application with the City of Carlsbad regarding property owned by various owners,
12 "Owners," described as
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Properties and rights of way generally between Agua
14 Hedionda Lagoon, Palomar Airport Road, Avenida Encinas,
_ and McClellan-Palomar Airport including (1) along portions of
or crossings of streets, including Armada Drive, Avenida
16 Encinas, Cannon Road, Car Country Drive, Fleet Street,
Legoland Drive, Palomar Point Way, and Paseo Del Norte; and
17 (2) properties identified by Assessor's Parcel Numbers
211-021-13, 211-023-11, 211-022-26, 211-100-02, 211-100-13,
18 211-100-11, 211-023-13, 211-100-14, 211-023-12, 208-186-04,
19 208-186-05, and 212-120-33
20 ("the Property"); and
21 WHEREAS, said verified application constitutes a request for a Coastal
22 Development Permit for pipelines as shown on the attached Exhibit "CDP 04-41 Pipeline
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Exhibit," dated May 3, 2006, and as shown and described in the Final Environmental Impact
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Report (EIR 03-05) dated December 2005, on file in the Planning Department, PRECISE
£j
26 DEVELOPMENT PLAN AND DESALINATION PLANT - CDP 04-41 as provided by
27 Chapter 21.201.040 of the Carlsbad Municipal Code; and
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WHEREAS, CDP 04-41 applies only to those pipelines proposed in the Mello II
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segment of the City's Local Coastal Program and not to pipelines proposed in the Agua
3
Hedionda Lagoon segment or outside of the Coastal Zone; and
5 WHEREAS, the Planning Commission did, on the 3rd day of May 2006, hold a
6 duly noticed public hearing as prescribed by law to consider said request; and
7 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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NOW, THEREFORE, BE FT HEREBY RESOLVED by the Planning
12 Commission of the City of Carlsbad as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Commission
15 APPROVES PRECISE DEVELOPMENT PLAN AND DESALINATION
PLANT - CDP 04-41 based on the following findings and subject to the
16 following conditions:
17 Findings;
18 1. That the proposed development is in conformance with the Mello II Certified Local
19 Coastal Program and all applicable policies in that the proposed project is consistent
with, or otherwise implements, the following Mello IILCP policies:
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a. Policy 2-6 - City Support of Efficient Agricultural Water Usage: "The City
21 will take measures to reduce the reliance of agricultural users on imported
22 water." This project provides the city and region with an innovative and
alternative source of water that does not rely on imported water. While
23 reclaimed water will also serve non-agricultural users, the fact that another
source of water will be available to the various water users in the city that is
24 not part of imported water supplies, makes this project consistent with this
coastal policy.
b. Policy 3-1 - Carlsbad Habitat Management Plan: "The Carlsbad Habitat
26 Management Plan is a comprehensive, citywide program to identify how the
City, in cooperation with federal and state agencies, can preserve the
27 diversity of habitat and protect sensitive biological resources within the city
and the Coastal zone." This project is in compliance with the provisions of
28 the HMP, as outlined in EIR 03-05 and also as reflected in the findings for
Planning Commission Resolution No. 6094 approving HMPP 05-08.
PC RESO NO. 6092 -2-
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
2 of the Coastal Act in that project pipelines will be installed underground and,
therefore, will not impact public access opportunities nor recreational resources.
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3. That the project is consistent with the provisions of the Coastal Resource Protection
4 Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere
e to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP) and the Jurisdictional
6 Urban Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. Steep slopes with native vegetation will not be impacted
since pipelines are proposed for city rights-of-way in gently sloping areas without
sensitive habitat, or via trenchless drilling construction methods as outlined in EIR
03-05. Further, only the project's underground pipelines are proposed for
9 installation in Cannon Road where it crosses floodplain boundaries and, therefore,
would not contribute to flooding impacts.
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4. 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 3, 2006, including, but not limited to that the installation of a
pipeline is consistent with the Land Use Element of the General Plan in that the
13 pipeline is allowed in all General Plan land use designations.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
, - Facilities Management Plan for Zones 3, 5, 8, and 13 and all City public facility policies
and ordinances. The project includes elements or has been conditioned to construct or
16 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
17 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 pipelines do not generate any facility plan improvement
19 requirements or funding.
20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, hi this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
22 degree of the exaction is in rough proportionality to the impact caused by the project.
23 Conditions;
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
permits or improvement plan approvals.
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
27 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
28 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
PC RESO NO. 6092 -3-
property title; institute and prosecute litigation to compel their compliance with said
2 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
3 other than those described in the Development Agreement (DA 05-01).
4 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.
6 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of improvement plan approval or permit issuance and
9 consistent with the Development Agreement (DA 05-01).
10 4. This approval is granted subject to the certification, adoption, and approval of the
Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting
11 Program, PDF 00-02, SP 144(H), DA 05-01, RP 05-12, SUP 05-04, and HMPP 05-08,
12 and is subject to all conditions contained in Planning Commission Resolutions No. 6087,
6088, 6089,6090, 6091, 6093 and 6094 for those other approvals incorporated herein by
13 reference.
14 5. Approval is granted for Coastal Development Permit CDP 04-41 as shown and
, 5 described in the Final Environmental Impact Report 03-05, dated December 2005,
on file in the Planning Department and incorporated herein by reference. Development
16 shall occur substantially as shown and described unless otherwise noted in these
conditions.
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6. Those portions of the desalinated water conveyance pipelines located within the City
of Carlsbad but outside of the City's coastal zone are not approved as part of this
19 permit and are subject to future permits by the City of Carlsbad, and will be subject
to the requirements of the Carlsbad Municipal Code.
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7. The approval shall become null and void if the project does not become operational
within 10 years of the final discretionary approval, including the discretionary
22 approvals of the California Coastal Commission or other agencies, as may be
consistent with the Development Agreement (DA 05-01).
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8. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
24 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
26 °r 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
27 nondiscretionary, 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
PC RESO NO. 6092 -4-
survives until all legal proceedings have been concluded and continues even if the City's
2 approval is not validated.
3 9. Developer shall implement, or cause the implementation of, the EIR 03-05 Project
Mitigation Monitoring and Reporting Program.4
* 10. Prior to installation of any pipeline, the Developer must comply with the requirements
of the City of Carlsbad and all regulatory agencies having jurisdiction over the project
6 and any mitigation requirements of the environmental documents for the project and as
consistent with the Development Agreement (DA 05-01).
7
Code Reminders8
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
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11. 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 and except as may be
modified by the provisions of Development Agreement (DA 05-01).
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NOTICE14
15 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
16 "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
ig y°u 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
19 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
20 annul their imposition.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 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.
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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 3rd day of May 2006, by the
following vote, to wit:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Segall, and Whitton
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTfcOMER^hairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ESCOBAR-ECK
Planning Director
PC RESO NO. 6092 -6-
CDP 04-41 Pipeline'Exhibit
-< Ma^S, 2006
Legend
I J| Mello II Segment
Agua Hedionda Land Use Plan
/Deferred Certification
Pipelines
Desalination Plant \ " 0 1,000 2,000