HomeMy WebLinkAbout2011-01-19; Planning Commission; Resolution 67441 PLANNING COMMISSION RESOLUTION NO. 6744
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT FOR THE GRADING
4 OF 42.1 ACRES TO IMPLEMENT THE AMENDED
5 RECLAMATION PLAN FOR THE FORMER SOUTH COAST
MATERIALS QUARRY PLAN GENERALLY LOCATED
6 SOUTH OF HIGHWAY 78 AND WEST OF COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
7 25.
CASE NAME: SOUTH COAST MATERIALS QUARRY
8 CASE NO: SUP 07-03
9
WHEREAS, Hanson Aggregates Pacific Southwest, "Developer," and "Owner,"
10
has filed a verified application with the City of Carlsbad regarding property described as
<2 A portion of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to
13 Partition Map 823, filed in the Office of the County Recorder
of San Diego County, November 16,1896 and also identified as
14 Assessor's Parcel Number 167-040-21-00
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Floodplain
17
Special Use Permit as shown on Exhibits "A" - "H" dated January 19, 2011, on file in the18
jg Planning Department, South Coast Materials Quarry - SUP 07-03, as provided by Chapter
20 21.110 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on January 19, 2011, 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
L~t -J
2fi 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 South Coast Materials Quarry - SUP 07-03, based on the
following findings and subject to the following conditions:
3
Findings:
4
r 1. The site is reasonably safe from flooding in that the Buena Vista Creek channel is
designed to contain the 100 year storm event and there is more than adequate
6 protection of private and public property outside of the creek channel from
potential flood damage from the additional seven feet of freeboard provided.
2. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that channel allows the flow of water without backing up and impacting
9 upstream properties and contains the flow of storm waters within the Buena Vista
Creek channel.
10
3. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the grading for the enhancement of the
12 Buena Vista Creek channel does not change the amount of flow and slows the water
flow to reduce the transport of sedimentation.
13
4. The proposed project does not reduce the ability of the site to pass or handle a base flood
14 of 100-year frequency in that the stepped profile will allow the 100-year flow velocities
, - to be maintained below an erosive threshold throughout much of the proposed
channel.
16
5. The proposed project taken together with all the other known, proposed, and anticipated
17 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the proposed design modifies the existing floodway and floodplain
by widening the existing 10 foot average creek bed width to include a 150-foot-wide
19 bottom, overbank terraces on both sides of the channel expanding the width to
approximately 194 feet, and 2.5:1 (horizontal to vertical) side slopes with an overall
20 bank to bank width of approximately 300 feet. This will result in a wider creek
channel within a defined channel as compared to what has historically existed on
21 the project site.
22 6. All other required state and federal permits have been obtained or have been
23 conditioned to be obtained.
24 7. 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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
26 degree of the exaction is in rough proportionality to the impact caused by the project.
27 Conditions;
78 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
issuance.
PC RESO NO. 6744 -2-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
<- 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
6 or a successor in interest by the City's approval of this Special Use Permit.
7 2, Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
9 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to 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 grading permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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
all requirements of law.
16
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
jg or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
20 connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
21 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
concluded and continues even if the City's approval is not validated.
23
6. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
24 the conceptual grading plan reflecting the conditions approved by the final decision-
making body.
26 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
27 format.
28 ...
PC RESO NO. 6744 -3-
8. This approval is granted subject to the approval of HDP 07-01 and HMP 07-06 and is
2 subject to all conditions contained in Planning Commission Resolutions No. 6745 and
6746 for those other approvals incorporated herein by reference.
3
9. Developer shall implement, or cause the implementation of, the Former South Coast
Materials Quarry Amended Reclamation Plan Final Subsequent EIR Mitigation
5 Monitoring and Reporting Program.
6 10. This approval shall become null and void if grading permits are not issued for this
project within 36 months from the date of project approval.
11. Approval is granted for South Coast Materials Quarry - SUP 07-03 as shown on
Exhibits "A" - "H", dated January 19, 2011, on file in the Planning Department and
9 incorporated herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.
10
12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
12 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans and maintain all landscaping in a healthy and thriving
13 condition, free from weeds, trash, and debris.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
, r landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
16
14. Developer shall: 1) consult with the California Department of Fish and Game (CDFG)
17 and the United States Fish and Wildlife Service (USFWS) regarding the impacts of the
Project; and 2) obtain any permits required by the CDFG and USWFS.18
19 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
20 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Special Use
Permit, Hillside Development Permit and Habitat Management Plan permit by
22 Resolution(s) No. 6744, 6745 and 6746 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
23 all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and record
24 an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
26 16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
27 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
PC RESO NO. 6744 -4-
17. Developer shall add the line delineating the 50-foot planning buffer as specified in
2 Condition No. 12 of City of Oceanside Planning Commission Resolution No. 2010-
P16 to the project exhibits and final grading plans.
3
Engineering:4
r Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading permit.
6
General
7
18. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
9 for the proposed haul route.
10 19. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and conceptual grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
,2 and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map,
13 I whichever occurs first.
20. Developer shall provide evidence of an adequate private operation and maintenance
plan for the proposed levee, i
satisfaction of the city engineer.
plan for the proposed levee, in conformance with FEMA requirements, to the
16..
21. Developer shall provide evidence of private financing program necessary for
17 funding perpetual maintenance of the proposed levee shown on the site plan.
18 Fees/Agreements
19 22. Developer shall cause property owner to execute and submit to the city engineer for
20 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
23. Developer shall cause property owner to execute and submit to the city engineer for
22 recordation the city's standard form Drainage Hold Harmless Agreement.
23 24. Developer shall cause property owner to process, execute and submit an executed copy to
the city engineer for recordation a city standard Permanent Stormwater Quality Best
24 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit.
26 25. Developer shall cause property owner to process, execute and submit an executed
27 copy of a Levee Maintenance Agreement to the Carlsbad city engineer for
recordation for the perpetual maintenance of the proposed levee for that portion of
the levee located within the City of Carlsbad and to the Oceanside city engineer for
recordation for the perpetual maintenance of the proposed levee for that portion of
PC RESO NO. 6744 -5-
the levee located within the City of Oceanside. A single maintenance agreement for
2 the levy in both jurisdictions may be used instead of separate agreements, subject to
concurrence and approvals by both the Carlsbad city engineer and Oceanside city
3 engineer.
^ Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the site
6 plan, an approved grading plan is required for this project. Developer shall prepare and
submit plans and technical studies/reports, for city engineer review, and shall pay all
7 applicable grading plan review fees per the city's latest fee schedule.
Q
27. Developer shall apply for and obtain a grading permit from the city engineer. Developer
9 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
10
28. The project requires grading beyond the City of Carlsbad boundary. Developer
shall apply for and obtain a grading permit from the City of Oceanside for the
12 grading shown within the City of Oceanside. Developer shall pay all applicable
grading permit fees per the city's latest fee schedule and shall post security per City
13 of Oceanside Code requirements as necessary to obtain such grading permit.
14 29. Developer shall obtain FEMA recognition that the proposed levee provides
protection from the base flood, on National Flood Insurance Program (NFIP) maps.
Developer must process a Letter of Agreement and Request for Provisionally
15 Accredited Levee (PAL) Designation and Agreement to provide adequate
compliance with the Code and Federal Regulations Title 44, Section 65.10 (44 CFR
17 65.10). In order for FEMA to recognize the levee, evidence that adequate design and
operation and maintenance systems are in place to provide reasonable assurance
that protection from base flood exist. The following requirements must be
j o addressed. All engineering analysis must be submitted to the City of Carlsbad for
review:
20
a. Freeboard: Engineering analysis shall be provided to show that there is a
21 minimum of 3 feet freeboard above the water surface level of the base flood, and
an additional freeboard of one foot above the three foot minimum at either side
of a structure or wherever the flow is constricted.
23
b. Embankment protection: Engineering analyses must be provided that
24 demonstrate that no appreciable erosion of the levee embankment can be
expected during the base flood as a result of currents or waves and that
anticipated erosion will not result in failure of the levee embankment or
25 foundation directly or indirectly through the reduction of seepage path and
subsequent instability. Factors to be addressed in the analysis include: flow
27 velocities; expected wind and wave action; impact of debris; slope protection
techniques; duration of flooding at various stages and velocities; embankment
2° and foundation materials; levee alignment bends and transitions; and levee side
slopes.
PC RESO NO. 6744 -6-
c. Embankment and foundation stability: Engineering analyses that evaluate levee
2 embankment stability must be provided. The analyses provided shall evaluate
expected seepage during loading conditions associated with the base flood and
3 shall demonstrate that seepage into or through the levee foundation and
embankment will not jeopardize embankment or foundation stability. An
alternative analysis demonstrating that the levee is designed and constructed for
c stability against loading conditions for Case IV as defined in the U.S. Army
Corps of Engineers (COE) manual, "Design and Construction of Levees" (EM
6 1110-2-1913, Chapter 6, Section II), may be used. The factors that shall be
addressed in the analyses include: Depth of flooding, duration of flooding,
7 embankment geometry and length of seepage path at critical locations,
embankment and foundation materials, embankment compaction, penetrations,
other design factors affecting seepage (such as drainage layers), and other design
9 factors affecting embankment and foundation stability.
10 d. Settlement: Engineering analyses must be submitted that assess the potential
and magnitude of future losses of freeboard as a result of levee settlement and
demonstrate that freeboard will be maintained within the minimum standards
12 set forth in paragraph (b)(l) of this section. This analysis must address
embankment loads, compressibility of embankment soils, compressibility of
13 foundation soils, age of the levee system, and construction compaction methods.
In addition, detailed settlement analysis using procedures such as those
14 described in the COE manual, "Soil Mechanics Design—Settlement Analysis"
(EM 1100-2-1904) must be submitted.
15 e. Maintenance plans and criteria: For levee systems to be recognized as providing
protection from the base flood, the maintenance plan must be provided. All
17 maintenance activities must be under the jurisdiction of a Federal or State
agency, an agency created by Federal or State law, or an agency of a community
participating in the NFIP that must assume ultimate responsibility for
i Q maintenance. This plan must document the formal procedure that ensures that
the stability, height, and overall integrity of the levee and its associated
20 structures and systems are maintained. At a minimum, maintenance plans shall
specify the maintenance activities to be performed, the frequency of their
21 performance, and the person by name or title responsible for their performance.
22 30. Developer is responsible to incorporate the necessary measures that are required to
23 ensure all new structures located within flood hazard areas comply with Section
21.110.160 of the Carlsbad Municipal Code and the latest Federal Emergency
24 Management Agency (FEMA) regulations:
75 a. Developer shall ensure all new construction is anchored to prevent flotation,
25 collapse or lateral movement of structures resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
27
b. Developer shall ensure all new structures are constructed with materials and
28 utility equipment resistant to flood damage. Developer shall utilize construction
methods and practices that minimize flood damage to structures.
PC RESO NO. 6744 -7-
c. Developer shall submit for and receive approval of a Conditional Letter of
2 (Flood) Map Revision (CLOMR) prior to issuance of a grading permit.
Developer shall apply for and receive approval for a Letter of (Flood) Map
3 Revision (LOMR) after grading is completed.
4 31. Developer shall obtain all necessary permits from other governmental agencies from
<- which approval is required by Federal or State Law, including section 404 of Federal
Clean Water Act Amendments of 1972 and satisfy other federal, state or local
6 requirements to regulatory floodplain and floodway modifications.
7 32. Upon completion of grading, developer shall file an "as-graded" geologic plan with the
city engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
9 contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
10 a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
33. Developer shall comply with the city's Storm water Regulations, latest version, and shall
12 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
13 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
14 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
16
34. Prior to the issuance of a grading permit, developer shall submit to the city engineer
17 receipt of a Notice of Intent from the State Water Resources Control Board.
1 80 35. Prior to the issuance of grading permit or building permit, whichever occurs first,
i o developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
• (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
20 provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
21 to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city's latest fee schedule.
23
36. This project is subject to 'Priority Development Project' requirements. Developer shall
24 prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
^ requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
26 latest version. SWMP shall include mitigations for the water quality impact due to
alteration of on-site drainage pattern and the proposed removal of existing
27 vegetated channels that currently treat off-site run-off prior to discharge into Buena
Vista Creek. Developer shall pay all applicable SWMP plan review and inspection fees
28 per the city's latest fee schedule.
PC RESO NO. 6744 -8-
1 37. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
may impact how this project treats and/or retains storm runoff. Hydromodification
involves detailed site design and analysis to reduce the amount of post-development run-
off by mimicking the natural hydrologic function of the site, preserving natural open-
spaces and natural drainage channels, minimizing use of new impervious surfaces, and
promoting onsite infiltration and evaporation of run-off. During final design, developer
shall demonstrate compliance with storm water requirements to the satisfaction of the city
engineer.
6
38. Developer is responsible to ensure that all final design plans (grading plans, and
landscape plans) incorporate all source control, site design, treatment control BMP,
applicable hydromodification measures, and Low Impact Design (LID) facilities.
9
10 n
plan check and inspection fees for private drainage systems.
17
15
41. Approval of this request shall not excuse compliance with all applicable sections of the
20.08.050 of the Carlsbad Municipal Code.
16
39. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
12
13 ..the following:
14
40. Developer shall pay a landscape plancheck and inspection fee as required by Section
Zoning Ordinance and all other applicable City ordinances in effect at time of grading
permit issuance, except as otherwise specifically provided herein.
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6744 -9-
1 NOTICE
2
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
4 "fees/exactions."
5 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
g annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
14 Commission of the City of Carlsbad, California, held on January 19, 2011 by the following
15
vote, to wit:
16
AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
18 NOES:
19
ABSENT:20
21 ABSTAIN:
22
23 STEPHEN'^HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
25
ATTEST:
26 "
27
28 DON NEU
Planning Director
PC RESO NO. 6744 -10-