HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64391 PLANNING COMMISSION RESOLUTION NO. 6439
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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
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Department, PALOMAR AIRPORT ROAD WIDENING - CDP 08-07, as provided by
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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
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relating to the CDP.
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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.
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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).
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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;
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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.
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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.
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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:
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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.
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C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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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.
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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:
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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."
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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-
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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-