HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 66781 PLANNING COMMISSION RESOLUTION NO. 6678
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT SUP 09-05 FOR THE
4 CONSTRUCTION OF A 97-FOOT LONG BY 17 TO 24-FOOT
5 TALL BLUFF-COLORED AND TEXTURED SEAWALL
ALONG THE COASTAL BLUFF AND BELOW THE
6 RESIDENCES LOCATED AT 5323 AND 5327 CARLSBAD
BLVD LOCATED ON THE WEST SIDE OF CARLSBAD BLVD
7 AND NORTHERLY OF CEREZO DRIVE IN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
8 LOCAL FACILITIES MANAGEMENT ZONE 3.
9 CASE NAME: GOETZ SEAWALL
CASE NO.: SUP 09-05
10
WHEREAS, Dean and Barbara Goetz and Marshall Sylver, "Developers," and
,j "Owners," have filed a verified application with the City of Carlsbad regarding property
13 described as
14 Lots 2 and 3 of Parcel Map MS 98-01, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof no. 18236, filed in the Office of the County Recorder of
16 San Diego, April 13,1999 as file number 1999-0247276
17 ("the Property"); and
° WHEREAS, said verified application constitutes a request for a Floodplain
19 Special Use Permit as shown on Exhibits "A" - "K" dated March 3, 2010, on file in the
20
Planning Department, GOETZ SEAWALL - SUP 09-05, as provided by Chapter 21.110 of the
21
Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did on April 7, 2010, hold a duly noticed
24 public hearing as prescribed by law to consider said request; and
75 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27
relating to the Floodplain Special Use Permit.
28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
r B) That based on the evidence presented at the public hearing, the Commission
APPROVES GOETZ SEAWALL - SUP 09-05, based on the following findings
6 and subject to the following conditions:
Findings:
7
1. The site is reasonably safe from flooding in that there are no public or private
improvements other than the seawall and stairway (SUP 96-07) which are located in
9 the coastal high hazard area and are designed to withstand high velocity waters,
including coastal and tidal inundations and tsunamis. Fill material is not being used
10 as structural support of the seawall as the foundation of the seawall is anchored into
bedrock (Tertiary Santiago Formation) and the top of the seawall is at an elevation
of 23 feet above mean sea level (msl) and cannot be overtopped by wave action or
12 tsunamis as determined by analysis using the US Army Corps of Engineers
Automated Coastal Engineering System.
13
2. The proposed project does not create a hazard for adjacent properties or structures as
14 there are no improvements, other than the public access stairway which has been
designed to withstand high velocity waters in the flood hazard area, and the seawall
does not increase the base flood elevation. The adjacent properties have a more
16 exposed and elevated Tertiary Santiago Formation which better protects the coastal
bluffs from erosion.
17
3. That the seawall will protect human life by protecting beachgoers from future bluff
failures.
19
4. The bottom of the seawall is located at an elevation of 7.69 feet above msl and is
20 landward of the reach of the mean high tide which is 5.36 feet msl. The base flood
elevation is 9 feet msl.
21
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 seawall replaces the existing bluff and will not affect
23 the base flood elevation and the proposed project taken together with all the other
known, proposed, and anticipated projects will not increase the water surface elevation of
24 the base flood more than one foot at any point.
25 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
27 degree of the exaction is in rough proportionality to the impact caused by the project.
28 ...
PC RESO NO. 6678 -2-
Conditions:
2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
3 implemented and maintained over time, if any of such conditions fail to be so
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
6 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
7 or a successor in interest by the City's approval of this Special Use Permit.
o
2. This approval is granted subject to the approval of the CDP 09-13 and is subject to all
9 conditions contained in Planning Commission Resolution No. 6677 for those other
approvals incorporated herein by reference.
10
3. 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
shall occur substantially as shown in the approved Exhibits. Any proposed development,
13 different from this approval, shall require an amendment to this approval.
14 4. 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
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
17 all requirements of law.
18 5. 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
representatives, from and against any and all liabilities, losses, damages, demands, claims
20 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
21 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
22 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
24 concluded and continues even if the City's approval is not validated.
25
26
27
28
PC RESO NO. 6678 -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
NOTICE
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."
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
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.
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
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
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on April 7, 2010 by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Douglas, Commissioners Baker, L'Heureux and
Nygaard
Commissioner Dominguez
Commissioner Montgomery and Schumacher
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6678 -4-