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HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64391 PLANNING COMMISSION RESOLUTION NO. 6439 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 08-07 TO CONSTRUCT AN 4 ADDITIONAL TRAFFIC LANE ON WESTBOUND PALOMAR 5 AIRPORT ROAD BETWEEN ARMADA DRIVE AND PASEO DEL NORTE WITHIN LOCAL FACILITIES MANAGEMENT 6 ZONE 13 AND THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM. 7 CASE NAME: PALOMAR AIRPORT ROAD WIDENING . CASE NO.: CDP 08-07o 9 WHEREAS, The City of Carlsbad, "Developer," has filed a verified application 10 regarding property described as The public right-of-way of Palomar Airport Road from Armada Drive to Paseo Del Norte. 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A - B" dated July 16, 2008, on file in the Planning 16 Department, PALOMAR AIRPORT ROAD WIDENING - CDP 08-07, as provided by 17 Chapter 21.201.040 of the Carlsbad Municipal Code; and18 WHEREAS, the Planning Commission did, on July 16, 2008, hold a duly noticed 20 public hearing as prescribed by law to consider said request; and 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 CDP. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR AIRPORT ROAD WIDENING - CDP 08-07 based on the following findings and subject to the following conditions: Findings: 2 1. That the proposed development is in conformance with the Certified Local Coastal 3 Program and all applicable policies in that the project site is located within the approximately 160 foot existing street right-of-way as shown in the LCP. No 4 agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or 5 otherwise damage the visual beauty of the coastal zone. 7 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located approximately Vi to % mile from the 8 Pacific Ocean; therefore, no coastal access areas or water-oriented recreational activities exist on or near the site or will be affected by the project. In addition, the project will improve traffic flow and maintain public sidewalks which will facilitate 10 pedestrian and vehicular coastal access. 11 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 12 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 14 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, 15 floods, or liquefaction. 16 4. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the jg preparation of environmental documents pursuant to Section 15301(c) (minor alterations to existing facilities involving negligible or no expansion) of the state 19 CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 21 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 22 of the Land Use Plan, certified September 1990, and therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning 23 Ordinance). 24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to this project, and the extent and the 25 degree of exaction is in rough proportionality to the impact caused by the project. 27 Conditions: 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of construction. PC RESO NO. 6439 -2- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 <- 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 6 or a successor in interest by the City's approval of this Coastal Development Permit. 7 2. 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. 9 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of improvement plan approval and right-of-way permit 12 issuance. 13 4. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the (Tentative Map/Site Plan or other) reflecting the conditions approved by the final decision-making body. 5. Developer shall include, as part of the plans submitted for any permit plancheck, a 16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 17 6. This approval shall become null and void if construction is not started for this project within 24 months from the date of project approval. 19 Engineering; 20 Where the word Developer is used, it shall be understood as the responsibility of the Project Manager, or contractor working for the City of Carlsbad as the responsible party to carry out the condition. 23 General 24 7. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route (hi project specifications). 26 8. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to 27 encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. 28 PC RESO NO. 6439 -3- Grading 2 9. Prior to construction, the City Engineer will obtain receipt of a Notice of Intention from 3 the State Water Resources Control Board. Dedications/Improvements 10. Prior to start of construction easements shall be obtained to accommodate the proposed 6 design and temporary staging areas as shown on the site plan. The offer shall be made by a separate recorded document. All easements so offered shall be free and clear of all liens 7 and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Staging and construction areas may be established by written agreement in lieu of easements. 9 11. Additional drainage easements may be required by the City Engineer, prior to or 10 concurrent with any grading or right of way permit. 12. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to 13 best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 14 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 16 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 19 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such ^ fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 22 Federal, State, County and City requirements as prescribed in their respective containers. 23 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 25 13. Prior to the start of construction, Developer shall submit for City approval a "Storm 26 Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. PC RESO NO. 6439 -4- 14. Prior to the start of construction, Developer shall submit for City approval a "Storm 2 Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007- 3 0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent <- practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 6 a. Identify existing and post-development on-site pollutants-of-concern. 7 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this 9 project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; 10 d. Ensure long-term maintenance of all post-construction BMPs in perpetuity. Code Reminder: 12 The project is subject to all applicable provisions of local ordinances, including but not limited to 1 3 the following: 14 15. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 20 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 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.24 25 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, 26 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. PC RESO NO. 6439 -5- 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 July 16, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton ABSENT: Commissioner Cardosa ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6439 -6-