HomeMy WebLinkAbout2010-02-03; Planning Commission; Resolution 66651 PLANNING COMMISSION RESOLUTION NO. 6665
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO PERFORM
4 MAINTENANCE ON A WAVE AND TIDE ROCK
5 REVETMENT ALONG THE NORTH SHORE OF THE AGUA
HEDIONDA LAGOON FOR THE TU CASA HOMEOWNERS
6 ASSOCIATION ON PROPERTY LOCATED AT 4747 MARINA
DRIVE, IN THE AGUA HEDIONDA LAGOON SEGMENT OF
7 THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1
8 CASE NAME: TU CASA REVETMENT
9 CASE NO: SUP 09-06
10 WHEREAS, Tu Casa Homeowners Association, "Developer," and "Owner,"
has filed a verified application with the City of Carlsbad regarding property described as
12 Lot 1 of Carlsbad Tract Map 72-14, in the City of Carlsbad,
13 County of San Diego, State of California, according to map
thereof no. 7930, filed in the Office of the County Recorder of
14 San Diego, April 26,1974
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Floodplain
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Special Use Permit as shown on Exhibits "A" - "D" dated February 3, 2010, on file in the18
j 9 Planning Department, TU CASA REVETMENT - SUP 09-06, as provided by Chapter 21.110
20 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on February 3, 2010, 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 Floodplain Special Use Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 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 TU CASA REVETMENT - SUP 09-06, based on the following
findings and subject to the following conditions:
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Findings:4
^ 1. The site is reasonably safe from flooding in that the revetment maintenance project
does not increase the flood elevation of the Agua Hedionda Lagoon.
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2. The proposed project does not create a hazard for adjacent, downstream, or upstream
7 properties or structures in that the revetment maintenance project does not increase
0 the flood elevation of the Agua Hedionda Lagoon.5
9 3. 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 revetment maintenance project does not change the
10 carrying capacity of the Agua Hedionda Lagoon, which is a tidal water body.
4. The proposed project taken together with all the other known, proposed, and anticipated
12 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the revetment maintenance project does not change the Agua
13 Hedionda Lagoon characteristics which would cause an increase in the flood
elevation.
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5. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that: a) there is no present or historic evidence of
1 g agricultural use of the property; b) all portions of the revetment structure are below
the elevation of the existing building, and therefore the revetment does not obstruct
17 views of the lagoon as seen from public lands or public rights-of-way; c) the project
is consistent with the City of Carlsbad HMP, which has been developed so as to
implement and be consistent with all provisions of the LCP; d) the revetment is
19 being improved to reduce the amount of erosion and siltation of the lagoon and has
been conditioned to implement the National Pollution Discharge Elimination System
20 (NPDES) standards; e) the site is geologically stable and the proposed revetment
maintenance project is the most environmentally sensitive option for the site; and f)
21 the existing residential project has previously recorded a 15-foot wide public trail
~~ easement, in accordance with the LCP Policy 7 - Shoreline Access, to provide lateral
public access along the Agua Hedionda Lagoon shoreline.
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6. The proposal is in conformity with the public access and recreation policies of Chapter 3
24 of the Coastal Act in that the existing residential project has previously recorded a 15
-foot wide public trail easement, in accordance with the LCP Policy 7 - Shoreline
Access.
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7. That the proposed development is in conformance with the Certified Local Coastal
27 Program and 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
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Runoff Management Program (JURMP) to avoid increased urban runoff,
2 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
3 susceptible to accelerated erosion, or liquefaction.
8. The project has been conditioned to obtain and show proof of all other required state and
c federal permits.
6 9. 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
7 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.o
9 Conditions:
10 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
11 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
j 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
14 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 Special Use Permit.
2. 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
17 internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development,
18 different from this approval, shall require an amendment to this approval.
19 3. Developer shall secure all required permits and comply with all applicable provisions of
federal, state, and local laws and regulations in effect at the time of grading permit
issuance or project implementation if a grading permit is not required. Developer shall
2i provide copies of permits secured from other State and Federal agencies to the
Planning Department prior to commencement of work.
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4. Prior to commencement of work, the Developer shall apply for and obtain approval of a
23 Coastal Development Permit issued by the California Coastal Commission or its
successor in interest that substantially conforms to this approval. A signed copy of the
Coastal Development Permit must be submitted to the Planning Director. If the approval
25 is substantially different, an amendment to Special Use Permit shall be required.
26 5. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
27 challenged, this approval shall be suspended as provided in Government Code Section
0 66020. If any such condition is determined to be invalid this approval shall be invalid
Zo
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unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
4 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
or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's
g approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
7 and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
g concluded and continues even if the City's approval is not validated.
10 7. Developer shall implement, or cause the implementation of, the Tu Casa Revetment
Project Mitigation Monitoring and Reporting Program.
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8. This approval shall become null and void if development for this project does not
12 commence within 36 months from the approval of the Coastal Development Permit
j T issued by the California Coastal Commission.
14 9. Approval is granted for SUP 09-06 as shown on Exhibit "A" - "D", dated February 3,
2010, on file in the Planning Department and incorporated herein by reference.
15 Development shall occur substantially as shown unless otherwise noted in these
conditions.16
1 _ 10. The Developer, Tu Casa HO A, shall notify the residents and property owners within
100 foot radius of the project site, staging area and construction access route two
1 g calendar weeks prior to commencement of the revetment work of the limited access,
anticipated noise and disturbance, and the estimated project duration for the
19 project. A copy of the notice shall also be provided to the Planning Director and
Deputy City Engineer (CM and I).
_- Engineering:
22 11- Prior to hauling construction materials to or from any proposed construction site within
this project, Developer shall apply for and obtain approval from the City Engineer for the
23 proposed haul route.
24 12. Developer shall complete and submit to the City engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
26 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
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13. The developer shall to comply with the City's Storm water Regulations, latest version,
28 and shall implement best management practices at all times. Best management practices
include but are not limited to pollution treatment practices or devices, erosion control to
PC RESO NO. 6665 -4-
prevent silt runoff during construction, general housekeeping practices, pollution
2 prevention and educational practices, maintenance procedures, and other management
practices or devices to prevent or reduce the discharge of pollutants to storm water,
3 receiving water or storm water conveyance system to the maximum extent practicable.
Developer shall notify prospective owners and tenants of the above requirements.
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14. This project requires off-site work. No work for private improvements shall occur outside
the project unless Developer obtains a letter of permission for the off-site work from the
owner of the affected property. If Developer is unable to obtain the letter of permission to
work off-site, Developer must either apply for and obtain an amendment of this approval
7 or modify the plans so work will not occur outside the project and apply for and obtain a
finding of consistency determination from both the Planning Director and City Engineer.
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Code Reminders:
10 15. 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 project
11 commencement, except as otherwise specifically provided herein.
12 NOTICE
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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
. <- "fees/exactions."
16 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
17 66020(a), and file the protest and any other required information with the City Manager for
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
annul their imposition.
20 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
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
22 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
23 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on February 3, 2010 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Dominguez, L'Heureux, Montgomery,
Nygaard, Schumacher, and Chairperson Douglas
FARRATPS-.DOIJGLAS, Cftw*person
CARLSBAD PLANNING COMMISSION
ATTEST:
>t
DON NEU
Planning Director
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