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HomeMy WebLinkAbout2007-04-04; Planning Commission; Resolution 62671 PLANNING COMMISSION RESOLUTION NO. 6267 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 05-50 TO PERMANENTLY 4 AUTHORIZE THE IMPROVEMENTS THAT WERE 5 CONSTRUCTED TO REPAIR THE DAMAGED SLOPE AND DRAINAGE SYSTEM THAT WERE COMPLETED UNDER AN 6 EMERGENCY COASTAL DEVELOPMENT PERMIT. NO FURTHER WORK IS PROPOSED. THE PROJECT IS WITHIN 7 THE CITY'S COASTAL ZONE GENERALLY LOCATED ALONG THE EASTERN AND WESTERN EDGE OF THE 8 SOUTH BOUND LANE OF CARLSBAD BOULEVARD 9 (HIGHWAY 101) BETWEEN THE WESTERN TERMINUS OF PALOMAR AIRPORT ROAD AND SOLAMAR DRIVE 10 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND LOCAL FACILITIES 1l MANAGEMENT ZONE 22. 12 CASE NAME: CARLSBAD BOULEVARD SLOPE AND DRAINAGE REPAIR 13 CASE NO.: CDP 05-50 14 WHEREAS, City of Carlsbad, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad and the 16 State of California Parks & Recreation, "Owners," described as 17 Public right-of-way, and the face of the bluff, adjacent to South Carlsbad Beach State Park and Carlsbad Boulevard, south of 19 Palomar Airport Road and north of Solamar Drive, City of Carlsbad, County of San Diego, State of California 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 23 Development Permit as shown on Exhibits "A" - "B" dated April 4, 2007, on file in the 24 Planning Department, CARLSBAD BOULEVARD SLOPE AND DRAINAGE REPAIR - 25 CDP. 05-50, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on the 4th day of April, 2007, hold a 27 duly noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CDP. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CARLSBAD BOULEVARD SLOPE AND DRAINAGE REPAIR - CDP 05-50 based on the following findings and subject to the 10 following conditions: Findings: 12 1. That the proposed development is in conformance with the Certified Local Coastal 13 Program and all applicable policies in that the site is located within the Mello II Segment of the Local Coastal Program with an Open Space designation that allows 14 for at-grade repair and maintenance of the City's existing storm drain system and stabilizing the bluffs in the context of improving health, safety and welfare in a public right-of-way and public beach area. A geotechnical and biological report has i/- been submitted and reviewed and erosion control methods implemented to improve future erosion of the bluffs and adequately landscape the bluffs to reduce visual 17 impacts. 18 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the repairs stabilized the southbound lane of Carlsbad Boulevard (Highway 101) and the bluffs above South Carlsbad State Beach from 2Q further erosion, which improves safety for coastal visitors above and below the bluffs. In addition, public access to the beach is available to the north of the project 21 site at a public beach access stairway at Cerezo Drive and to the south of the project site at South Carlsbad Beach State Park. 22 3. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan certified September 1980, and, therefore, is not 24 subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 25 4. The project is consistent with the provisions of the Coastal Resource Protection Overlay 26 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the requirements of the City's Drainage Master Plan, Grading Ordinance, Storm Water 27 Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and 2g Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Although this area does have steep slopes PC RESO NO. 6267 -2- and native vegetation located on the coastal bluff, and is susceptible to bluff erosion 2 due to storm water runoff and storm waves, the erosion gullies on the bluff face, that were eroded during a heavy winter of rain, were back filled with imported soil 3 and hydro-seeded with a native seed mixture to restabilize the bluff face. In addition, the project installed two storm drain inlet boxes that redirected storm water runoff away from the bluff face into the new storm drain inlets to improve erosion control. 5 5. Since a portion of the project site is between the sea and the first public road parallel to the sea, the project is subject to the provisions of the Coastal Shoreline 7 Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Since the project components are below or at grade, there are no impacts to scenic resources. In addition, the project site is a scenic over-look area that provides the public with unobstructed views of the beach and ocean. In addition, vertical public access to the beach is available to the north of the project site at a public beach access stairway at 10 Cerezo Drive and to the south of the project site at South Carlsbad Beach State Park. 11 Conditions; 12 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 14 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 15 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 17 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. 18 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. Development shall occur substantially as shown on the approved Exhibits. Any proposed 21 development, different from this approval, shall require an amendment to this approval. 22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 24 4. 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 25 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 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 27 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 28 . (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 PC RESO NO. 6267 -3- facility of electromagnetic fields or other energy waves or emissions. This obligation 2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 3 5. Developer shall implement, or cause the implementation of the CARLSBAD 4 BOULEVARD SLOPE AND DRAINAGE REPAIR - CDP 05-50 Mitigation Monitoring and Reporting Program. 6 NOTICE 7 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, g reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 9 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 12 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 13 .. 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, 15 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 16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6267 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of April, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Dominguez, Douglas, Montgomery, Segall and Whitton ABSENT: Commissioner Cardosa JULIE B CARLSBA ATTEST: hairperson ANNING COMMISSION DON NEU Planning Director PC RESO NO. 6267 -5-