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HomeMy WebLinkAbout2009-11-04; Planning Commission; Resolution 66461 PLANNING COMMISSION RESOLUTION NO. 6646 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO INSTALL A NEW 4 PARALLEL SEGMENT OF UNDERGROUND SEWER FORCE MAIN; INSTALL A NEW RESIN LINER TO AN EXISTING FORCE MAIN; AND ABANDON IN PLACE A SMALL 6 SECTION OF SEWER FORCE MAIN FROM THE BUENA VISTA LIFT STATION (BVLS) TO THE EAST SIDE OF THE 7 BUENA VISTA CREEK BRIDGE AND ALONG THE EASTERN END OF BUENA VISTA LAGOON, LOCATED 8 FROM THE BVLS SOUTHERLY TO THE JEFFERSON 9 STREET/MARRON ROAD INTERSECTION, THEN WESTERLY ALONG JEFFERSON STREET WEST OF THE 10 MARRON ROAD INTERSECTION TO APPROXIMATELY 180 FEET EASTERLY OF 1-5 IN THE MELLO II SEGMENT OF 11 THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL , 2 FACILITIES MANAGEMENT ZONE 1. CASE NAME: BUENA VISTA LIFT STATION SEWER 13 FORCE MAIN (VC-4) CASE NO.: SUP 09-01 14 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 16 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," 17 described as 18 That portion of Lot 32 of Hosp Eucalyptus Forest Company's in Tract No. 1 shown on Map No. 1136, filed in the office of the Recorder of San Diego County June 8,1908, as conveyed to the 20 State of California in Parcel 1 of deed Recorded March 1, 1971, file No. 37628, San Diego County Official Records, and a 21 portion of public right-of-way on Jefferson Street between -_ Highway 78, Highway 5, and Marron Road 23 ("the Property"); and 24 WHEREAS, said verified application constitutes a request for a Floodplain 25 Special Use Permit as shown on Exhibits "A" - "EE" dated November 4, 2009, on file in the 26 Planning Department, BUENA VISTA LIFT STATION FORCE MAIN (VC-4) - SUP 09-01, 27 as provided by Chapter 21.110 of the Carlsbad Municipal Code; and 28 1 WHEREAS, the Planning Commission did on November 4, 2009, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 t- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Floodplain Special Use Permit. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 1l APPROVES BUENA VISTA LIFT STATION FORCE MAIN (VC-4) - SUP , 2 09-01, based on the following findings and subject to the following conditions: Findings: 13 1. The site is reasonably safe from flooding in that the proposed project will be 14 underground, with the exception of the approximate 125-foot length of pipe, which ., will hang under the Jefferson Street bridge over Buena Vista Creek. Since the construction of the sewer pipe hung under the Jefferson Street bridge over Buena \ ft Vista Creek will take place on scaffolding hanging from the bridge, no impact to the Buena Vista Creek floodplain will result from the project. 17 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that the sewer force main project does not include any jo habitable portions. 20 3. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the project will not place any new above ground structures within 21 the limits of the identified 100-year flood hazard areas. The project will be 22 underground and will thus not utilize any volume area within the 100-year flood zone. Construction of the project will not place equipment, structures or other 23 materials in areas which would impede water flow in Buena Vista Creek creating a hazard to any structures adjacent or upstream of the project. 24 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the project will not place any new above 25 ground structures within the limits of the identified 100-year flood hazard areas. The project will be underground and will thus not utilize any volume area within 27 the 100-year flood zone. Construction of the project will not place equipment, structures or other materials in areas which could impede water flow in Buena Vista 2O Creek or the lagoon which would create a hazard to any properties or structures downstream of the project. PC RESO NO. 6646 -2- 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 2 of 100-year frequency in that the proposed project will be underground, with the exception of the approximate 125-foot length of pipe which will hang under the 3 Jefferson Street bridge over Buena Vista Creek and will not place equipment, structures or other materials in areas which could impede flows of the 100-year 4 flood. 6. The proposed project taken together with all the other known, proposed, and anticipated 6 projects will not increase the water surface elevation of the base flood more than one foot at any point in that construction of the project will not place equipment, structures or other materials in areas which could impede flows of the 100-year flood. Thus no increase in water surface elevation will result from implementation of the project. 9 7. No other required state and federal permits are needed. 10 Conditions: Staff is authorized and directed to make, or require Developer to make, all corrections 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 13 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 14 2. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of CDP 09-03 and . , is subject to all conditions contained in Planning Commission Resolutions No. 6644 and 6645 for those other approvals incorporated herein by reference. 17 3. 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 approval or this special use permit will expire. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6646 -3- 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 4, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MJTKTHiL B. MONTOpMERY,Jgfairperson CARLSBAD PLANNING COMI®SSION ATTEST: DON NEU Planning Director PC RESO NO. 6646 -4-