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HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 65081 PLANNING COMMISSION RESOLUTION NO. 6508 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 07-28 TO ALLOW THE 4 REPLACEMENT OF AN EXISTING SEWER LINE 5 GENERALLY LOCATED WITHIN THE CARLSBAD BOULEVARD RIGHT-OF-WAY FROM THE SOUTHERN 6 CITY BOUNDARY TO THE BATIQUITOS SEWER PUMP STATION APPROXIMATELY 600 FEET NORTH AND ? WITHIN THE WEST BATIQUITOS SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 9. 9 CASE NAME: BATIQUITOS SEWER REPLACEMENT CASE NO.: CDP 07-28 10 WHEREAS, Leucadia Wastewater District, "Developer," has filed a verified 12 application with the City of Carlsbad regarding property owned by the City of Carlsbad and the 13 State of California, "Owner," described as 14 The existing Carlsbad Boulevard right-of-way from the . ~ southern City boundary to the Batiquitos sewer pump station approximately 600 feet north and within an easement on part I g of the Batiquitos Lagoon property to the east 17 ("the Property"); and 1&WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A - F" dated November 5, 2008, on file in the 20 Planning Department, BATIQUITOS INTERCEPTOR SEWER REPLACEMENT CDP 07-21 22 28, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered the 27 Mitigated Negative Declaration prepared by the Leucadia Wastewater District, acting as28 Lead Agency for CEQA purposes, and considered all factors relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct.4 r B) That based on the evidence presented at the public hearing, the Commission APPROVES BATIQUITOS SEWER REPLACEMENT - CDP 07-28 based 6 on the following findings and subject to the following conditions: Findings: 7 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 would need to comply with land use, there is no conversion of agricultural land, no new development is proposed within environmentally sensitive habitats, and 10 potential impacts to sensitive habitats in proximity to the project will be mitigated and monitored so as to reduce them to less than significant, no scenic views are disturbed, and public access will be maintained. 17 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 street right-of-way and easement. Although the project is located in close proximity of Batiquitos 14 Lagoon, no new above ground structures are proposed and public access will be maintained during construction. Therefore, the project will not prohibit public access or recreation activities. 3. The Planning Commission finds that all feasible mitigation measures identified in the 17 Mitigated Negative Declaration as prepared by the Leucadia Wastewater District acting as Lead Agency for CEQA purposes, and as certified by the Leucadia 18 Wastewater District Board of Directors on October 8, 2008, which are appropriate have been incorporated into this project. 19 4. 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 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 22 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 site is not located in an area prone to landslides, or susceptible to accelerated erosion, ~, floods, or liquefaction. 25 5. 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 26 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6508 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of 3 construction. 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 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 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 9 or a successor in interest by the City's approval of this Coastal Development Permit. 10 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. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of construction. 4. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 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 all requirements of law. 19 5. Developer shall implement, or cause the implementation of the Batiquitos Sewer 20 Replacement Mitigation Monitoring and Reporting Program as adopted by the Leucadia Wastewater District Board of Directors on October 8, 2008. 21 22 6. 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 23 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 24 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 26 (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 27 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6508 -3- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 3 8. 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 c format (including any applicable Coastal Commission approvals). 6 9. This approval shall become null and void if construction has not commenced within 24 months from the date of project approval. 7 10. Site grading shall commence between October 1st and March 14th, to avoid the nesting season of federally and state protected shorebirds; or a pre-construction 9 survey (within seven days prior to work) shall be conducted by a qualified biologist to determine the presence or absence of active nests within or adjacent to the project 10 site. The purpose of the survey is to avoid impacts to nesting birds. If no breeding or nesting activities of shorebirds are detected within 500 feet of the proposed work area, construction may proceed during the nesting season (March 15 - September 12 30). A biological monitor shall conduct a survey for species/nesting birds of the site and vicinity on a weekly basis to ensure that specimens do not appear onsite during 13 construction and that all activities are restricted to the authorized project impact area. If breeding or nesting activity is confirmed, work within 500 feet of the active 14 nest shall be delayed until the young birds have fledged and left the nest. A permitted biologist shall be required for surveying and monitoring of the lightfooted clapper rail. 16 11. Temporary impacts to disturbed Diegan coastal sage scrub and disturbed mulefat 17 scrub shall be mitigated in place at a 1:1 ratio following construction through revegetation consisting of potted plants and hydro seed.18 I o 12. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill 20 program (COBFP) adopted by the Planning Commission on May 17,2006 (SUP 04- 13). Prior to the issuance of a grading permit, and as a part of the grading plan 21 preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach 23 replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site 24 identified in the COBFP. oc 13. A qualified archaeologist and Native American monitor shall evaluate the material 26 removed from the trench for cultural resources. During the original cutting of previously undisturbed deposits beneath the roadway, the archaeological monitor 27 and Native American monitor shall be present. The frequency and duration of inspections will depend on the rate of excavation, the materials excavated, and the 2° presence and abundance of artifacts and features. PC RESO NO. 6508 -4- 14. In the event that previously unidentified, potentially significant cultural resources 2 are discovered, the archaeological monitor shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow 3 evaluation of potentially significant cultural resources. The archaeologist shall contact the District at the time of discovery. The archaeologist, in consultation with the District, shall determine the significance of the discovered resources. The r District must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources, a Data 6 Recovery Program to mitigate impacts shall be prepared by the archaeologist and approved by the District, then carried out using professional archaeological 7 methods. g 15. If any human bones are discovered, the archaeologist shall contact the San Diego 9 County Medical Examiner. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Native 10 American Heritage Commission, shall be contacted in order to determine proper treatment and disposition of the remains.11 12 16. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological 13 methods. The archaeological monitor shall determine the amount of material to be recovered for an adequate sample for analysis. 14 17. In the event that previously unidentified cultural resources are discovered, all cultural material collected during the project shall be processed and curated j 5 according to current professional repository standards. The collections and associated records shall be transferred, including release of title, to be permanently 17 curated at a qualified repository as defined by the "State of California Guidelines for the Curation of Archaeological Collections." All curation activities shall be completed within six months of project completion. 19 18. In the event that previously unidentified cultural resources are discovered, a report 20 documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed by the District within six 21 months of project completion. 22 Engineering; 23 Note: Unless specifically stated in the condition, all of the following conditions, upon the 24 approval of this proposed development, must be met prior to approval of a Right of Way Permit. 25 2(. 19. Developer shall apply for and obtain a Right of Way Permit from the City Engineer. Developer shall pay all applicable permit fees per the City's latest fee schedule. 27 20. Prior to hauling dirt or construction materials to or from any proposed construction site 28 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RESO NO. 6508 -5- 21. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or r stormwater conveyance system to the maximum extent practicable. 6 22. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 7 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 9 23. As determined by the completed PTAF, Developer shall submit for City approval a 10 "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 11 R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality , ~ Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 13 NOTICE14 15 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 16 "fees/exactions." 17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If i o 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 19 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 20 annul their imposition. 21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 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 23 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. 25 26 27 28 PC RESO NO. 6508 -6- 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 November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: xf RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6508 -7-