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HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63791 PLANNING COMMISSION RESOLUTION NO. 6379 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 06-04 TO ALLOW DREDGING 4 AND IMPROVEMENTS FOR ENCHANCED FLOOD CONTROL ON A PORTION OF AGUA HEDIONDA CREEK IN THE COASTAL ZONE THAT IS BETWEEN THE EL CAMINO 6 REAL BRIDGE AND THE DOWNSTREAM SIDE OF THE CANNON ROAD BRIDGE IN LOCAL FACILITIES 7 MANAGEMENT ZONES 8 AND 24. CASE NAME: AGUA HEDIONDA AND CALAVERA 8 CREEKS 9 CASE NO.: CDP 06-04 10 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Canterbury Association and 12 Evans Point Homeowners Association, "Owners," with easements granted or dedicated to 13 the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and 14 described as A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly Ranch Village E, in the City of Carlsbad, County of San Diego, 17 State of California, according to map thereof No. 13715, as filed in the Office of the County Recorder of San Diego County 18 on December 31, 1998, and; a portion of Lot 195 of City of 19 Carlsbad Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map 20 thereof No. 13189, as filed in the Office of the County Recorder of San Diego County on February 10,1995 21 ("the Property"); and 23 WHEREAS, said verified application constitutes a request for a Coastal 24 Development Permit as shown on Exhibits A - H dated January 16, 2008, on file in the 25 Planning Department, AGUA HEDIONDA AND CALAVERA CREEKS - CDP 06-04, as 26 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 27 WHEREAS, the Planning Commission did, on January 16, 2008, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and 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. Q B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES AGUA HEDIONDA AND CALAVERA CREEKS - CDP 06-04 based on the following findings and subject to the following conditions: 10 Findings;11 1. That the proposed development is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies in that it is the intent of the LCP to allow implementation of drainage projects that are part of the City's drainage master planning program. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project involves dredging of existing creeks that are not . navigable, used for recreation or bordered by public trails or recreation areas.16 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 18 City's Master Drainage Plan (as well as the proposed Drainage Master Plan Update), Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation 19 Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes are located on the subject property and the site is not located in an area prone to landslides. To enhance 21 flood control, the project does propose removal of native vegetation and construction of improvements within a flood way; however, the existing Local 22 Coastal Program requires storm drainage facilities in developed areas to be improved and enlarged according to the City's existing Master Drainage Plan and thus it is the intent of the LCP to allow implementation of drainage projects that are 24 part of the City's drainage master planning program. Furthermore, LCP Policy 3- 1.7(a)(5) permits impacts to wetlands for dredging required for public service 25 purposes and there is no feasible alternative to dredging the area between the El Camino Real and Cannon Road bridges (the portion of the project within the Coastal Zone) that would provide flood protection to Rancho Carlsbad to the extent feasible and restore 100-year flood capacity in the creeks. Finally, impacts to wetlands would be mitigated to a level of insignificance, and the portion of the 28 project within the Coastal Zone is not part of a Habitat Management Plan Hardline Preserve. PC RESO NO. 6379 -2- 4. Natural vegetation would be retained as much as possible, such as along creek 2 banks. Additionally, on-site mitigation could potentially occur on the creek banks, where feasible, to restore natural vegetation in place of existing exotic or ornamental 3 vegetation. Further, the long-term maintenance plan would promote the growth of native vegetation on the creek bank where appropriate and discourage establishment of invasive exotic, nonnative, and ornamental vegetation via maintenance activities. 5. Implementation of the project's Stormwater Pollution Prevention Program and long-term maintenance plan would be consistent with requirements of LCP policies 7 4-5 (erosion control) and 4-6 (sediment control). 8 6. This Coastal Development Permit has been submitted following the City's issuance of an emergency Coastal Development Permit on February 6, 2006, to permit emergency dredging of the project portion of Agua Hedionda Creek within the Coastal Zone. Mitigation for biological impacts associated with the emergency work have been or will be mitigated separately from this Coastal Development Permit. 11 Subject to the conditions of approval, this Coastal Development Permit also permits improvements and dredging beyond those accomplished by the emergency permit and includes a long term maintenance plan for creek dredging and enhanced flood ,- control on a permanent basis. 14 Conditions; 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or start of construction, whichever occurs first. 16 , _ 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 18 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 19 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 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. 22 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 24 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 25 development, different from this approval, shall require an amendment to this approval. 26 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. 28 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 PC RESO NO. 6379 -3- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 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 6 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 7 06-04, (b) City's 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, 9 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 10 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.11 , ~ 6. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 13 format (including any applicable Coastal Commission approvals). 14 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zones 8 and 14 Local Facilities Management Plans and any amendments made to that Plan prior to the issuance of grading permits. 16 8. This approval is granted subject to the certification, adoption, and approval of the 17 Environmental Impact Report (EIR 04-02) and Mitigation Monitoring and Reporting Program, SUP 06-02 and HMPP 06-03, and is subject to all conditions contained in Planning Commission Resolutions No. 6376, 6380, and 6381 for those other approvals incorporated herein by reference. 20 9. Developer shall implement, or cause the implementation of, the EIR 04-02 Project Mitigation Monitoring and Reporting Program. 21 ~~ 10. This approval shall become null and void if grading permits are not issued or construction is not started for this project within 24 months from the date of project approval. 23 11. Prior to the issuance of building permits, the applicant shall apply for and obtain a 24 grading permit issued by the City Engineer. 25 12. If a grading permit is required, all grading activities are prohibited from (February 1st for gnatcatcher or March 15 for vireo) to (September 15th for gnatcatcher or vireo). All erosion control measures must be installed prior to the initial grading. Any grading 27 extensions into the grading prohibition period must receive written approval of the Planning Director, City Engineer, and the responsible wildlife agencies (California Department of Fish and Game/United States Fish and Wildlife Service). PC RESO NO. 6379 -4- 13. Long term maintenance of the project portion of Agua Hedionda Creek is approved 2 and shall occur according to the (1) "Monitoring and Maintenance Plan for Agua Hedionda and Calavera Creeks Dredging and Improvements Project" contained in 3 Appendix B of the Final EIR 04-02; (2) the Mitigation Monitoring and Reporting Program; and (3) these conditions of approval. 4 <. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 6 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 7 Local Facilities Management Plan fee for Zones 8 and 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9 15. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the 10 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 12 City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6379 on the property. Said Notice of Restriction shall note the property description, location of 13 the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 14 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6379 -5- 1 2 3 4 5 7 8 9 10 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 "fees/exactions." 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 annul their imposition. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 16, 2008, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Boddy, Dominguez, Douglas, Montgomery, and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: JULIE CARLSB ATTEST: , Chairperson PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6379 -6-