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HomeMy WebLinkAbout2006-10-18; Planning Commission; Resolution 61811 PLANNING COMMISSION RESOLUTION NO. 6181 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW PERIODIC 4 MAINTENANCE DREDGING OF THE AGUA HEDIONDA 5 OUTER LAGOON AND THE PLACEMENT OF DREDGED SAND ON CARLSBAD BEACHES IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: AGUA HEDIONDA OUTER LAGOON 7 MAINTENANCE CASE NO: SUP 06-10 o 9 WHEREAS, Cabrillo Power I LLC, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 Portions of Lot "H" of Rancho Agua Hedionda, according to 12 partition Map No. 823, filed November 16,1896 13 ('the Property"); and 14 WHEREAS, said verified application constitutes a request for a Floodplain 15 Special Use Permit as shown on Exhibits "A" - "G" dated October 18, 2006, on file in the 16 Planning Department, AGUA HEDIONDA OUTER LAGOON MAINTENANCE - 17 SUP 06-10, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and18 19 WHEREAS, the Planning Commission did on the 18th day of October, 2006, 20 hold a duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the Floodplain Special Use Permit. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning jL^J 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA OUTER LAGOON MAINTENANCE - SUP 06-10, based on the following findings and subject to the following 2 conditions: 3 Findings: The project is consistent with the Parks and Recreation Element (i.e., Goals, Objectives, r and Policies B.6 and C.I 1) of the General Plan in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of 6 the outer lagoon, will enhance public recreation opportunities by increasing the size (i.e., square footage area) of useable public beach and by formalizing a public trail 7 along the north shore of the outer lagoon. 2. The project is consistent with the Open Space and Conservation Element (i.e., Goals, 9 Objectives, and Policies A.I, A.2, A.3, and A.4) of the General Plan in that dredging the outer lagoon and the intake channel, in particular, will allow for the continued flow 10 of fresh, nutrient-rich ocean waters into the lagoon, thereby maintaining/improving the overall health of the lagoon, and the placement of dredged sand on the beach will enhance and protect important City open space resources by assisting the buildup of a deteriorating beach profile and by creating a wider beach which will assist in the protection of coastal bluffs from erosion caused by ocean wave action. 13 3. The project is consistent with the Public Safety Element (Goal A) of the General Plan in that the placement of dredged sand on the beach will increase beach width, which . c will assist in the protection of coastal bluffs from erosion caused by ocean wave action, thereby protecting private and public property in the vicinity of the beach. 16 4. The project is an allowable activity/use in the Open Space Zone and complies with all its 17 standards in that the dredge activity, placement of sand on the beach, and trail improvements along the north shore of the outer lagoon will maintain/improve the overall health of the lagoon by a) dredging the intake channel and ensuring the 19 continued flow of fresh, nutrient-rich ocean waters into the lagoon; b) enhancing the quality of the beach by placing dredged sand on the beach, thereby assisting in the 20 buildup of a deteriorating beach profile; and c) formalizing public access to open space areas through installation of trail improvements. 21 »- 5. The proposed lagoon dredge will not create a hazard or adversely impact development, or adjacent and upstream properties and structures; and the cumulative effect of this project 23 and the adjacent approved projects will not significantly raise the level of the 100-year floodplain (base flood elevation) in that the dredge activity will increase the physical 24 capacity of the lagoon and, therefore, the ability of the lagoon to accommodate flood waters. 26 Conditions; 27 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 modify all approvals herein granted; deny or further condition issuance of all PCRESONO. 6181 -2- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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 Special Use Permit. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit documents, as necessary to make them 6 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 7 different from this approval shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 9 regulations in effect at the time of building permit issuance. 10 4. 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 12 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 13 all requirements of law. 5. 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 16 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 Special Use Permit, (b) City's 17 approval or issuance of any permit or action, whether discretionary or 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 19 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 20 concluded and continues even if the City's approval is not validated. 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of ~~ the Site Plan reflecting the conditions approved by the final decision making body. 23 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 24 plan prior to any dredging activities. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid prior to any dredging activities. If the taxes/fees are not paid, this 26 approval will not be consistent with the General Plan and shall become void. 27 8. Prior to the issuance of the Special Use Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City PCRESONO. 6181 -3- of Carlsbad has issued a Special Use Permit by Resolution No. 6181 on the property. 2 Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval, as well as any 3 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer <- or successor in interest. 9. Prior to the start of the dredging project, the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. 7 10. Prior to initiating dredging operations, Developer shall execute a City standard ° Development Improvement Agreement to install and secure with appropriate security as n provided by law public trail improvements including trail signage along the north shore of Agua Hedionda Lagoon from Carlsbad Boulevard to the North County Transit District 10 Railroad right-of-way to City Standards and to the satisfaction of the City Engineer. This condition is contingent upon the City of Carlsbad or other public agency or approved environmental conservancy group accepting on behalf of the public the public trail easement offered for dedication pursuant to prior coastal development permit number 6-93-113 approved by the California Coastal Commission on February 17, 1994. 13 11. This permit authorizes the dredging operation for a period of five (5) years from the 14 date of the Planning Commission approval of this permit. Prior to the permit expiration date, an extension request shall be submitted for consideration by the Planning Commission or a new permit will be required. The Planning Commission will determine whether it is appropriate to extend the permit request and for what period of time. 17 „ . .Engineering: 18 12. The City shall reserve the authority to review and approve the timing of the 19 dredging operation consistent with the time limits outlined in other agency permits. The City's review and approval shall not be unreasonably withheld. 13. At least three (3) months prior to any dredging activity, the applicant shall provide written notice to the City Engineer of such activity. The request shall include the 22 following: 23 a. The applicant shall provide a brief project description of the proposed dredging activity. The description shall include a schedule identifying the beginning and ending dates of the dredging operation, the hours and days of the week for the dredging activity, the anticipated total dredge quantity, the location and quantity for the deposition of sand, the anticipated beginning dates for the 26 deposition on north, middle, and south beaches, and contact information including phone numbers of personnel responsible for the dredging activity. 27 b. A sand deposition plan describing the methods and equipment needed to deposit and move the sand on the beach reaches. The plan should include best management practices for the maximum retention of sand material on the beach. PCRESONO. 6181 -4- This could include such practices as creating a dike parallel to the shoreline to 2 allow the material to fall out of the slurry mix, the methods the construction equipment would be utilized to move the material, and other methods to ensure 3 the maximum amount of sand is placed for beach building. 4 c. The applicant shall provide the City Engineer a plan for interim pedestrian <- circulation control, to include public information signage describing the project. 6 14. Upon receipt of handwritten notice from the applicant, the City Engineer shall forward this notice to the Carlsbad Beach Preservation Committee (BPC). The BPC 7 shall review this notice to ensure the ultimate location for the deposition of the dredged sand is consistent with the recommendations contained in the study of Sediment Transport Condition in the vicinity of the Agua Hedionda Lagoon 9 (December 30, 1998), which states 30% of the dredged sand shall be placed on "North Beach" (as identified in the study) and the remaining sand be placed on 10 "Middle and South Beaches." This requirement represents the minimum amount of sand to be placed on North Beach and does not preclude the placement of any amount of sand more than 30% on North Beach as mutually agreed upon by the , 2 City and the applicant. The limit of sand deposition analysis area begins at the northerly city limit and extends a similar distance south of the outlet jetty. 13 15. The applicant shall provide copies of current and pending resource agency permits prior to the request to conduct maintenance dredging. Code Reminders: 16 16. Approval of this request shall not excuse compliance with all applicable sections of the 17 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.18 17. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 20 Director prior to installation of such signs. 21 22 23 24 25 26 27 28 PCRESONO. 6181 -5- 1 NOTICE 2 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 4 "fees/exactions." 5 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 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 g annul their imposition. 9 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 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 12 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning < 4 Commission of the City of Carlsbad, California, held on the 18th day of October, 2006, by the 15 following vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN: 21 22 23 MARTIAL B. MONT^OMER^Whairperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26" 27 2g DON NEU Assistant Planning Director PCRESONO. 6181 -6-