HomeMy WebLinkAbout2006-05-03; Planning Commission; Resolution 60931 PLANNING COMMISSION RESOLUTION NO. 6093
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE
4 INSTALLATION OF UNDERGROUND PIPELINES TO
CONVEY DESALINATED WATER ALONG CANNON ROAD
BETWEEN FARADAY AVENUE AND COLLEGE
6 BOULEVARD IN LOCAL FACILITIES MANAGEMENT
ZONES 8 AND 14.
7 CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
8 CASE NO: SUP 05-04
9 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a
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verified application with the City of Carlsbad regarding property owned by the City of
j2 Carlsbad, "Owner," described as
13 The Cannon Road right-of-way between Faraday Avenue and
College Boulevard
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("the Property"); and
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16 WHEREAS, said verified application constitutes a request for a Floodplain
17 Special Use Permit as shown on the attached Exhibit "SUP 05-04 Floodplain Exhibit" dated
1R May 3, 2006, and as shown and described in the Final Environmental Impact Report
19 (EIR 03-05) dated December 2005 on file in the Planning Department PRECISE
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DEVELOPMENT PLAN AND DESALINATION PLANT - SUP 05-04, as provided by
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22 Chapters 21.40 and 21.110 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did on the 3rd day of May, 2006 hold a
24 duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Floodplain Special Use Permit.28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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- B) That based on the evidence presented at the public hearing, the Commission
APPROVES PRECISE DEVELOPMENT PLAN AND DESALINATION
6 PLANT - SUP 05-04, based on the following findings and subject to the
following conditions:
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Findings;o
9 1. The site is reasonably safe from flooding in that the project consists of construction in
the right-of-way of existing Cannon Road.
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2. 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.
12 3. The proposed project does not create a hazard for adjacent or upstream properties or
13 structures in that potential impacts will occur only during construction as all
components of the project will be placed underground.
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,. 4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that all components of the project will be placed
16 underground.
17 5. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100-year frequency in that all components of the project will be placed
underground.
19 6. The proposed project taken together with all the other known, proposed, and anticipated
20 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that all components of the project will be placed underground.
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22 7. As conditioned, the project is subject to the mitigation measures contained in the
Mitigation Monitoring and Reporting Program (MMRP) for EIR 03-05. One
23 mitigation measure that requires any construction occurring within a 100-year flood
hazard to happen only during dry months (May 1 - September 30), unless the City
24 determines, before it issues any permits for development in the flood hazard area,
that such construction would not impede or redirect flood flows and would not
expose people or structures to flooding.
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8. All other required state and federal permits have been obtained or will be obtained prior
27 to issuance of permits or approvals.
9. 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
PC RESO NO. 6093 -2-
the staff report dated May 3,2006, including, but not limited to that the installation of a
2 pipeline is consistent with the Land Use Element of the General Plan in that the
pipeline is allowed in all General Plan land use designations.
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10. The Planning Commission also finds that the project, as conditioned herein,
4 conforms to the City's Local Coastal Program for the portion of the project that is
* within the Mello II segment of the Program in that the pipelines will be installed
entirely within existing road right-of-way and will not affect habitat, public views,
6 or coastal access, and will conform to requirements to ensure proper erosion control
and drainage.
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11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 8 and Zone 14 and all City public facility policies
9 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
10 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.
,9 Specifically, the proposed pipeline does not generate any facility plan improvement
requirements or funding.
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12. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
1 j. 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.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
permits or improvement plan approvals, whichever occurs first.
19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
20 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
21 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; record a notice of violation on the
23 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
24 or a successor in interest by the City's approval of this Special Use Permit, other than
those described in the Development Agreement (DA 05-01).
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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
27 internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
28 different from this approval shall require an amendment to this approval.
PC RESO NO. 6093 -3-
3. This approval is granted subject to the certification, adoption, and approval of the
2 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting
Program, PDF 00-02, SP-144 (H), DA 05-01, RP 05-12, CDP 04-41, and HMPP 05-08
3 and is subject to all conditions contained in Planning Commission Resolutions No. 6087,
6088, 6089, 6090, 6091, 6092, and 6093 for those other approvals incorporated herein by
reference.
4. Approval is granted for Special Use Permit SUP 05-04 as shown and described in the
5 Final Environmental Impact Report 03-05, dated December 2005, on file in the
Planning Department and incorporated herein by reference. Development shall occur
7 substantially as shown and described unless otherwise noted in these conditions.
5. 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
consistent with the Development Agreement (DA 05-01).
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6. The approval shall become null and void if the project does not become operational
11 within 10 years of the final discretionary approval, including the discretionary
approvals of the California Coastal Commission or other agencies, as may be
consistent with the Development Agreement (DA 05-01).
7. Developer shall and do hereby agree to indemnify, protect, defend and hold harmless the
14 City of Carlsbad, its Council members, officers, employees, agents, and representatives,
from and against any and all liabilities, losses, damages, demands, claims, and costs,
15 including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
17 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
18 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.
20 8. Developer shall implement, or cause the implementation of, the EIR 03-05 Project
21 Mitigation Monitoring and Reporting Program.
22 9. 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
and any mitigation requirements of the environmental documents for the project and as
consistent with the Development Agreement (DA 05-01).
25 Code Reminders
26 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
10. 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
PC RESO NO. 6093 -4-
permit issuance, except as otherwise specifically provided herein and except as may be
2 modified by the provisions of Development Agreement (DA 05-01).
3 NOTICE
4 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
5 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions.''
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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
g 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
9 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.10 F
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,
12 zoning, grading or other similar application processing or service fees in connection with this
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
1. expired.
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PC RESO NO. 6093 -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 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. MONTCOMERY|»nairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MARGELA ESCOBAR-ECK
Planning Director
PC RESO NO. 6093 -6-
SUP 05-04 Floodplain Exhibit / v / \y
May 3, 2006 /, ^^C^ f\ i
Legend
PIPELINES
100 YEAR FLOOD PLAIN
COASTAL ZONE
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