HomeMy WebLinkAbout2009-06-03; Planning Commission; Resolution 65611 PLANNING COMMISSION RESOLUTION NO. 6561
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 07-22 TO WIDEN A
4 4,600-FOOT (0.87 MILE) LENGTH OF EL CAMINO REAL
5 BETWEEN TAMARACK AVENUE AND CHESTNUT
AVENUE IN THE MELLO II SEGMENT OF THE LOCAL
6 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1 AND 2.
7 CASE NAME: EL CAMINO REAL ROAD WIDENING
CASE NO.: CDP 07-228
9 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
10 with the City of Carlsbad regarding property owned by the City of Carlsbad and various
owners, "Owner," described as
12 Public rights-of-way on a portion of Chestnut Avenue, on El
13 Camino Real between Tamarack Avenue to Chestnut Avenue,
and properties identified by Assessor's Parcel Numbers 167-
14 230-24, 167-230-25, 167-154-15, 167-154-16, 167-080-33, 167-
080-42, and 167-080-41
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
1 810 Development Permit as shown on Exhibits "A" - "ZZ" dated June 3, 2009, on file in the
19 Planning Department, EL CAMINO REAL ROAD WIDENING - CDP 07-22, as provided by
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Chapter 21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on June 3, 2009, hold a duly noticed
23 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
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relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES EL CAMINO REAL ROAD WIDENING - CDP 07-22, 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 the project site is located primarily within
the approximately 4,600-foot (0.87 mile) length of street right-of-way on El Camino
7 Real between Tamarack Avenue and Chestnut Avenue. No agricultural activities,
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 otherwise damage the visual beauty of the
coastal zone.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
11 of the Coastal Act in that the site is located approximately one mile from the Pacific
Ocean; therefore, no coastal access areas or water-oriented recreational activities12exist 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
pedestrian and vehicular coastal access.
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3. 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. In addition, per Section 21.203.040 - Development Standards, the
1 8 preservation of steep slopes and vegetation does not "apply to the construction of
roads of the city's circulation element or the development of utility systems." The
19 project area has some steep slopes that will be impacted in order to widen El
Camino Real, which is classified as a Prime Arterial in the City's Circulation
Element, to three northbound and three southbound lanes. The contour grading on
21 the east side of El Camino Real would avoid having to construct tall walls on the
existing steep slopes in this area. The graded area will be hydro-seeded to prevent
22 erosion and to make the slope more aesthetically pleasing and naturally appearing.
In addition, there are sensitive vegetation communities within the Area of Potential
Effects (APE) and there will be some unavoidable impact to the biological resources.
24 Specifically, the area of impact will be on the east side of El Camino Real in the
areas where storm drain outlets are located. All impacts will be mitigated per the
25 requirements of the City's HMP and the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and the Memorandum dated
26 December 15, 2008.
77 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990, and therefore, is not subject to the
PCRESONO. 6561 -2-
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
2 Ordinance).
3 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
4 to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
Conditions;
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of
construction.8
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
10 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
13 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.
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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.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
17 development, different from this approval, shall require an amendment to this approval.
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.
20 4. Developer shall implement, or cause the implementation of, the El Camino Real Road
Widening Project Mitigation Monitoring and Reporting Program.
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5. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
23 6. Developer shall include, as part of the plans submitted for any permit plancheck, a
24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, and approval of HDP 07-02,
27 SUP 07-04, and HMP 07-08 and is subject to all conditions contained in Planning
Commission Resolutions No. 6560, 6562, 6563, and 6564 for those other approvals
2° incorporated herein by reference.
PCRESONO. 6561 -3-
8. This approval shall become null and void if the Notice to Proceed is not issued or
2 commencement of construction does not occur for this project within two (2) years of
approval or this coastal development permit will expire unless extended per Section
3 21.201.210 of the Zoning Ordinance.
9. Staging areas for temporarily storing construction equipment and material shall be
r located within the previously paved areas within the Area of Potential Effect (APE)
as shown in Figures 2-4 of the Final Initial Study and Mitigated Negative
6 Declaration, dated October 2008.
7 Engineering
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10. Prior to the issuance of Notice to Proceed, the City shall have all deeds necessary for the
9 project recorded at the County of San Diego Recorders office. The deeds include:
10 a. Grant deeds of easement for slope and drainage purposes from parcels 167-230-24
and 167-230-25.11
b. Grant deeds of easement for slope purposes from parcels 164-154-15 and 164-154-16.
c. Grant deeds of easement for construction purposes from 167-080-33, 167-080-42, and
13 167-080-41.
14 d. Grant deeds of easement for roadway and public utility purposes from parcel 167-
15 080-33 and 167-080-42.
11. Prior to the commencement of construction, the City will approve a Storm Water
Pollution and Prevention Plan (SWPPP) as prepared by the contractor as detailed in the
17 project contract provisions. The SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
18 Quality Control Board and City of Carlsbad Requirements.
19 12. Prior to the issuance of Notice to Proceed, the City will have on file a "Storm Water
Management Plan (SWMP)." The SWMP shall demonstrate compliance with the current
20 City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP). 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.
22 Code Reminder:
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13. Developer shall exercise special care during the construction phase of this project to
24 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.
26 14. Approval of this request shall not excuse compliance with all applicable sections of the
27 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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15. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on June 3, 2009, by the following vote, to
wit:
AYES:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux, and
Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN:
MARTELL B. MONTGfJMbKY, WMirperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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