HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66251 PLANNING COMMISSION RESOLUTION NO. 6625
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 09-08 TO REPLACE AN
4 EXISTING BRIDGE ON PROPERTY GENERALLY LOCATED
5 ON SOUTHBOUND CARLSBAD BOULEVARD
APPROXIMATELY 0.06 MILE SOUTH OF PALOMAR
6 AIRPORT ROAD AND 1 MILE NORTH OF POINSETTIA
LANE IN THE MELLO II SEGMENT OF THE LOCAL
7 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
9 CASE NO.: CDP 09-08
10 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
12 described as
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Public right-of-way on a portion of southbound Carlsbad
Boulevard between Palomar Airport Road and Poinsettia Lane
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "P" dated August 19, 2009, on file in the18
19 Planning Department, ENCINAS CREEK BRIDGE REPLACEMENT - CDP 09-08, as
20 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
22 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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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
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ENCINAS CREEK BRIDGE REPLACEMENT- CDP 09-08
based on the following findings and subject to the following conditions:
3 Findings;
4 1. That the proposed development is in conformance with the Certified Local Coastal
- Program and all applicable policies in that the proposed bridge replacement will not
obstruct views of the coastline as seen from public lands or the public right-of-way,
6 nor otherwise damage the visual beauty of the coastal zone. The architectural
design of the bridge is similar to the architecture of the existing bridge, but the
7 replacement bridge is narrower and has less obtrusive hand rails (the existing
baluster railing is no longer an approved railing). In addition, new concrete
structure, properly designed and built, will not exhibit any distress; using an arch-
9 type span will present a more pleasant and open view into the creek; reducing the
width of the bridge will substantially increase natural light going through the
10 bridge; increasing the opening to 36' not only provides for an efficient flow, but
adds an elegance to the overall structural arch system; and colored concrete is being
proposed to enhance the visual impact. Therefore, the visual beauty of the coastal
, 2 zone will not diminish with the proposed bridge replacement.
13 No agricultural uses currently exist on the site or within the area. The proposed
project is not located in an area of known geologic instability. The bridge is located
14 above a flood hazard area; however, the bridge is being constructed to be able to
accommodate a 100-year flood. Since the site is located adjacent to the coast, the
proposed concrete barrier and hand rail on the bridge is proposed to be an open
16 design to allow the public view of the coastline. A bike lane and sidewalk is also
proposed to allow access to the shoreline.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the proposed bridge replacement will improve traffic flow
19 and maintain public sidewalks which will facilitate pedestrian and vehicular coastal
access. Riprap would be added for approximately 118 feet to the north of the bridge
20 and approximately 149 feet south of the bridge to stabilize the currently eroding
roadway embankment. The new riprap would not extend beyond the footprint of
2' the existing riprap. The proposed structure would reduce the overall width of the
~~ bridge by approximately 26 feet and 2 inches (6 feet 11 inches to the west and 19 feet
3 inches to the east). The wingwalls on the west side of the bridge would be placed
23 parallel to the roadway. Therefore, lateral access to the beach will be maintained.
24 Excavation and backfill equipment will be stationed on the roadway above the
bridge and will remove all concrete structures from above. The sheet piles are
driven into the ground by either a drop hammer, or a vibratory hammer using a
25 crane with the appropriate attachments. The contractor is not allowed to have any
equipment east of the easterly sheet piles and west of the westerly sheet piles, nor
27 store any material or equipment on the beach. Beach activity will be limited to
installation of sheet piling and replacement and supplement of riprap. In addition,
the project will not start until after the Carlsbad Marathon, which is scheduled for
January 24, 2010, and be completed prior to the Memorial Day weekend. No work
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will occur between Memorial Day weekend and Labor Day weekend due to heavy
2 use of the beach area during the summer months. With these project design
elements and schedule the project would minimize impacts to coastal resources.
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3. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
4 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
Ordinance).
4. The project is consistent with the provisions of the Coastal Resource Protection Overlay
7 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
8 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 are located on the subject property and the site is not located in
10 an area prone to landslides, or susceptible to accelerated erosion, or liquefaction. The
bridge is located above a flood hazard area; however, the bridge is being
11 constructed to be able to accommodate a 100-year flood. There will be minor
grading to remove the existing bridge and place the proposed bridge in the same
location. All spoils will be removed from the site. There are no prime agricultural
, -, lands near the site. There are disturbed sensitive vegetation communities to the east
of the roadway. Impacts to biological resources are primarily limited to direct and
14 indirect temporary construction impacts. However, to reduce these potentially
significant impacts to a less than significant level, mitigation measures contained in
1 5 the project's Mitigation Monitoring and Reporting Program (MMRP), are required.
^ 5. The project is consistent with the provisions of the Coastal Shoreline Development
jy Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no development is
proposed in areas of steep slopes (coastal bluff). Native vegetation located on the
18 east side of the bridge will be temporarily impacted during construction. However,
as stated above all impacts will be mitigated for according to the mitigation
19 measures contained in the project's MMRP, which is consistent with the City's
_„ HMP. The site is not located in an area prone to landslides, or susceptible to
accelerated erosion or liquefaction. While the area may be subject to flooding, the
21 proposed bridge is designed to accommodate a 100-year flood.
22 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
23 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.
25 Conditions:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of
construction.
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JQ 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
PC RESO NO. 6625 -3-
implemented and maintained according to their terms, the City shall have the right to
2 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
3 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
c or a successor in interest by the City's approval of this Coastal Development Permit.
6 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. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to
9 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 building permit issuance.
4. Developer shall implement, or cause the implementation of, the Encinas Creek Bridge
Replacement 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.
6. 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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7. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approval of SUP 09-03 and
19 HMP 09-06 and is subject to all conditions contained in Planning Commission
Resolutions No. 6624, 6626, and 6627for those other approvals incorporated herein by
20 reference.
71 Staging areas for temporarily storing construction equipment and material shall be
22 located within the closed southbound lanes of Carlsbad Boulevard, just north of the
project site. Excavation and backfill equipment will be stationed on the roadway
23 above the bridge. No equipment is allowed east of the easterly sheet piles and west of
the westerly sheet piles, nor store any material or equipment on the beach.
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_- 9. The project will not start until after the Carlsbad Marathon, which is scheduled for
January 24, 2010, and be completed prior to Memorial Day weekend (Saturday,
26 May 29, 2010). No work will occur between Memorial Day weekend and Labor Day
weekend due to heavy use of the beach area during the summer months.
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10. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within two (2) years of
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approval or this coastal development permit will expire unless extended per Section
2 21.201.210 of the Zoning Ordinance.
3 Engineering:
11. Prior to the issuance of Notice to Proceed, the contractor shall submit to the Traffic
r Engineer a Traffic Control Plan, which shall show a detour plan for routing vehicular
traffic around the construction site during the construction of the project.
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12. Prior to the commencement of construction, the City will approve a Storm Water
7 Pollution and Prevention Plan (SWPPP). The contractor shall comply with the SWPPP
and current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Requirements.
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Code Reminders:
13. 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
12 of the City Engineer.
14. Approval of this request shall not excuse compliance with all applicable sections of the
. 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
16 pursuant to Title 24 of the California Building Code.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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