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HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66261 PLANNING COMMISSION RESOLUTION NO. 6626 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT 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.: SUP 09-03 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 13 Public right-of-way on a portion of southbound Carlsbad 14 Boulevard between Palomar Airport Road and Poinsettia Lane 15 ('the Property"); and 16 WHEREAS, said verified application constitutes a request for a Floodplain 17 Special Use Permit as shown on Exhibits "A" - "P" dated August 19, 2009, on file in the18 19 Planning Department, ENCINAS CREEK BRIDGE REPLACEMENT - SUP 09-03, as 20 provided by Chapter 21.110 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 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors j^ J 26 relating to the Floodplain Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2° 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 - SUP 09-03, based on the following findings and subject to the following conditions: 3 Findings: 4 <- 1. The site is reasonably safe from flooding in that the proposed concrete arched bridge is designed to accommodate a 100-year flood. Encinas Creek flows into the Pacific 6 Ocean, which would prevent any water in the creek from backing up and spilling onto Carlsbad Boulevard. In addition, supplemental riprap would be installed in the 7 same location as the existing riprap to protect the road and bridge from wave action during extreme high tides.o 9 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that the bridge replacement project does not include any 10 habitable portions. 3. The proposed project does not create a hazard for adjacent or upstream properties or 12 structures in that the proposed concrete arched bridge is designed to accommodate a 100-year flood. In addition, Encinas Creek flows into the Pacific Ocean, which 13 would prevent any water in the creek from creating a hazard to any structures upstream of the bridge. 14 ,, 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that bridge is adjacent to the beach and Pacific 16 Ocean. There are no properties or structures downstream from the bridge. 17 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the proposed concrete arched bridge is designed to accommodate a 100-year flood. 19 6. The proposed project taken together with all the other known, proposed, and anticipated 20 projects will not increase the water surface elevation of the base flood more than one foot at any point in that the proposed bridge replacement project will improve the flow of the creek, thereby increasing floodwater capacity. 22 7. All other required state and federal permits have been or will be obtained prior to 23 construction of the project. ^ Conditions; 25 1. Staff is authorized and directed to make, or require Developer to make, all corrections 26 and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development 27 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6626 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 -i c15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. This approval is and Mitigation granted subject to the approval of the Mitigated Negative Monitoring and Reporting Program, and approval of and HMP 09-06 and is subject to all conditions contained in Planning Resolutions No. reference. Declaration CDP 09-08 Commission 6624, 6625, and 6627 for those other approvals incorporated herein by PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City to wit: AYES: NOES: ABSENT the planning of Carlsbad, California, held on August 19, 2009 by the following vote, Commissioners Baker, Dominguez, L'Heureux Schumacher, and Vice Chairperson Douglas : Chairperson Montgomery , Nygaard, ABSTAIN: ii ^ ^^FARRAH DOUGTA'ST^ =*»,.Q ,^^\ Tee Chairperson CARLSBAD PLANNING COMMISSION ATTEST: <jb*l r (Au DON NEU Planning Director PC RESO NO. 6626 -3-