HomeMy WebLinkAbout2006-05-17; Planning Commission; Resolution 60681 PLANNING COMMISSION RESOLUTION NO. 6068
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO ESTABLISH A 5-YEAR
4 PROGRAM THAT WOULD ALLOW FOR THE PLACEMENT
OF UP TO 150,000 CUBIC YARDS (CY) PER YEAR OF
OPPORTUNISTIC BEACH FILL (SAND) ALONG THE
6 ENCINAS BEACH PORTION OF THE SOUTH CARLSBAD
STATE BEACH, LOCATED ON THE WEST SIDE OF
7 CARLSBAD BOULEVARD AND SOUTH OF PALOMAR
AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT
8 ZONE 22.
9 CASE NAME: CARLSBAD OPPORTUNISTIC BEACH FILL
PROGRAM
10 CASE NO.: SUP 04-13
11 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application
12 regarding property owned by California Department of Parks and Recreation, "Owner,"
13 described as
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A Parcel of land being Rancho Agua Hedionda portion of 14.22
15 acres in Lot H of Map 823, and in Section 20, Township 12S,
l£ Range 4W, San Bernardino Meridian in the City of Carlsbad,
County of San Diego, State of California, according to the
17 official plat
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Floodplain
20 Special Use Permit, as provided by Chapter 21.110 of the Carlsbad Municipal Code, and as
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shown on Exhibit "A" dated May 17, 2006, attached to Planning Commission Resolution No.22
_» 6069 and incorporated herein by reference; and
24 WHEREAS, the Planning Commission did on the 17th day of May 2006, hold a
25 duly noticed public hearing as prescribed by law to consider said request; and
*y(\WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, analyzing the information submitted by staff, and considering any written
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comments received, the Planning Commission considered all factors relating to SUP 04-13 -
CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission 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 Planning
Commission hereby APPROVES SUP 04-13 - CARLSBAD
6 OPPORTUNISTIC BEACH FILL PROGRAM, based on the following
findings and subject to the following conditions:
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Findings;8
o 1. The proposed project does not create any additional flood hazard for adjacent properties
or structures because the project will replenish some of the sand previously lost to
10 erosion caused by coastal wave action and flooding. The existing coastal flood
hazard is caused from wave-induced flooding, which over the past several decades
1 1 has been a factor in the erosion of beaches along the region's shoreline. Studies
conducted by the U.S. Army Corps of Engineers and the San Diego Association of
Governments have identified the placement of beach quality fill material as one
13 solution to prevent further erosion of the shoreline and to protect property and
structures from damage caused by coastal flooding.
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2. The proposed project does not decrease the ability of the site to handle a base flood of
15 100-year frequency because placement of sand on the beach will increase the site's
1 s ability to handle a coastal flood of 100-year frequency. The existing coastal flood
hazard is caused from wave-induced flooding, which over the past several decades
17 has been a factor in the erosion of beaches along the region's shoreline. Studies
conducted by the U.S. Army Corps of Engineers and the San Diego Association of
IB Governments have identified the placement of beach quality fill material as one
solution to prevent further erosion of the shoreline and to protect property and
structures from damage caused by coastal flooding. Adding sand to the beach adds
20 protection to the beach and adjacent coastal bluff from erosion.
21 3. The proposed project taken together with all other known, proposed, and anticipated
projects will not increase the base coastal flood elevation because the existing coastal
22 flood hazard is caused from wave-induced flooding, and the placement of sand on
^, the beach will not cause an increase in wave action or the elevation of the coastal
flood hazard.
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Conditions:
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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, and deny or further condition issuance of
28 all future permits. No vested rights are gained by Applicant or a successor in interest by
the City's approval of this Special Use Permit.
PCRESONO. 6068 -2-
2. Staff is authorized and directed to make all corrections and modifications to the Special
2 Use Permit document(s) necessary to make them internally consistent and in conformity
with final action on the project. Development shall occur substantially as shown in the
3 approved Exhibits. Any proposed development different from this approval shall require
an amendment to this approval.
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c- 3. The Applicant shall comply with all provisions of federal, state, and local laws and
regulations applicable to the beach fill program.
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4. The Applicant shall ensure that each beach fill project complies with the provisions and
7 requirements specified in the Carlsbad Opportunistic Beach Fill Program (Exhibit
"A" dated May 17, 2006, attached to Planning Commission Resolution No. 6069), on
file in the Planning Department and incorporated herein by reference.
9 5. This Special Use Permit is granted for a period of 5 years from May 17, 2006, to May
10 16, 2011. This permit may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental effect on surrounding land uses and the public's
11 health and welfare, or the conditions imposed herein have not been met. This permit may
be extended for a reasonable period of time not to exceed 5 years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
13 Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare.
14 If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions that will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
17 6. This approval is granted subject to the adoption of the project Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and approval of
18 CDP 06-02, and is subject to all conditions contained in Planning Commission
Resolutions No. 6067 and No. 6069 for those other approvals incorporated herein by
reference.
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PC RESO NO. 6068 -3-
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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 17th day of May 2006, by the
following vote, to wit:
AYES:
NOES:
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
ABSENT: Commissioner Heineman
ABSTAIN:
J. MONTGOMERY, CJMperson
CARLSBAD PLANNING COMMlWoN
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6068 -4-