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Home My WebLink About2008-09-17; Planning Commission; Resolution 64641 PLANNING COMMISSION RESOLUTION NO. 6464 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 07-13 TO ALLOW THE 4 REHABILITATION AND ONGOING MAINTENANCE OF 43 EXISTING SEWER MANHOLES LOCATED WITHIN A SEWER EASEMENT ON PROPERTY GENERALLY 6 LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON BETWEEN GABBIANO LANE AND EL CAMINO 7 REAL WITHIN THE EAST BATIQUITOS SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 8 MANAGEMENT ZONE 19. 9 CASE NAME: BATIQUITOS INTERCEPTOR SEWER REHABILITATION 10 CASE NO.: CDP 07-13 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 12 regarding property described as 13 The existing sewer easement generally located along the north 14 shore of Batiquitos Lagoon between Gabbiano Lane and El Camino Real !6 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal 1 8 Development Permit as shown on Exhibits "A - D" dated September 17, 2008, on file in the 19 Planning Department, BATIQUITOS INTERCEPTOR SEWER REHABILITATION CDP 20 07-13, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on September 17, 2008, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CDP. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct.1 2 B) That based on the evidence presented at the public hearing, the Commission 3 Approved BATIQUITOS INTERCEPTOR SEWER REHABILITATION CDP 07-13 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that there is no development proposed that 7 would need to comply with land use, there is no conversion of agricultural land, no new development is proposed within environmentally sensitive habitats, and potential impacts to sensitive habitats in proximity to the project have been mitigated and monitored so as to reduce them to less than significant, no grading or landscaping is proposed, no scenic views are disturbed, and public access will be 10 maintained. 11 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is located within an existing sewer easement. Although the project is located in close proximity of Batiquitos Lagoon, no new 10 structures are proposed and public access will be maintained during construction. Therefore, the project will not prohibit public access or recreation activities. 14 The project is consistent with the provisions of the Coastal Resource Protection Overlay 15 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 16 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 18 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 19 Conditions;20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of construction. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 25 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 26 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. 28 PC RESO NO. 6464 -2- 1 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 - 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 66020. If any such condition is determined to be invalid, this approval shall be invalid 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 12 body. 13 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 14 format (including any applicable Coastal Commission approvals). 7. This approval shall become null and void if construction has not commenced within 24 16 months from the date of project approval. 17 8. Developer shall implement, or cause the implementation of the Batiquitos Interceptor Sewer Rehabilitation Mitigation Monitoring and Reporting Program as contained in Planning Commission Resolution 6463. 19 9. Developer shall comply with all recommendations provided in the Biological 20 Assessment for the North Batiquitos Interceptor Sewer Improvements Project prepared by Planning Systems, dated April 29, 2008. 21 »- 10. Developer shall comply with all construction notes on the plans (Exhibit "B") which include provisions to repair any damage to the trail as a result of construction. 23 NOTICE24 25 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 26 "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 PC RESO NO. 6464 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 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 September 17, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and Chairperson Whitton NOES: ABSENT: ABSTAIN: Commissioner Montgomery VNK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6464 -4-