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Home My WebLink About2011-02-02; Planning Commission; Resolution 67591 PLANNING COMMISSION RESOLUTION NO. 6759 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO REMOVE PILINGS 4 FROM THE EXISTING TRESTLE BRIDGE STRUCTURE(S) 5 AS A COMPONENT OF THE SEWER LIFT STATION (SLS) PROJECT ON PROPERTY GENERALLY LOCATED WITHIN 6 THE AGUA HEDIONDA LAGOON CHANNEL BETWEEN THE OUTER AND MIDDLE LAGOONS IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 8 FORCE MAIN, AND GRAVITY SEWER 9 REPLACEMENT CASE NO: SUP 10-02 10 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as 13 Immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, and 14 extending over the Agua Hedionda Lagoon channel between the middle and outer lagoons on a portion of property identified by Assessor's Parcel Number 210-010-09 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Floodplain18 jg Special Use Permit as shown on Exhibits "A" - "Y" dated February 2, 2011, and as shown 20 and described in the Mitigated Negative Declaration (MND) on file in the Planning 21 Department, AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND 22 GRAVITY SEWER REPLACEMENT - SUP 10-02, as provided by Chapter 21.110 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did on February 2, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony o Ozo and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. 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 - B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN 6 AND GRAVITY SEWER REPLACEMENT - SUP 10-02, based on the following findings and subject to the following conditions: 7 Findings:8 9 1. The site is reasonably safe from flooding in that the project does not propose any structures within the 100-year flood hazard area. The project will remove the 10 existing trestle bridge structure(s), which supports the existing 42-inch sewer pipe (optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed). Furthermore, the eight bridge support (8) 12 pilings (possibly two (2) support pilings for the natural gas line), that are located in the lagoon channel, will also be removed. The removal of the pilings will reduce the 13 amount of water friction through this narrow channel and allow water to flow faster through this area should a 100-year flood occur. 14 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that no habitable structure is proposed. 16 3. The proposed project does not create a hazard for adjacent or upstream properties or 17 structures in that the removal of the bridge pilings will reduce the amount of water friction and allow the water to flow faster into the outer lagoon and eventually into the Pacific Ocean, which would prevent any water in the lagoon channel from 19 creating a hazard to any structures upstream of the bridge structure(s). 20 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the bridge structure(s) are located over and 21 within the lagoon channel that flows into the Pacific Ocean. The removal of the ~~ bridge pilings and structure(s) will not have an adverse impact on properties or structures downstream from the bridge structure(s). 23 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 24 of 100-year frequency in that the removal of the bridge pilings within the narrow lagoon channel will better accommodate a 100-year flood through this area. 26 6. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot 27 at any point in that the removal of the bridge pilings from the narrow lagoon channel will improve the flow of the lagoon, thereby increasing floodwater capacity. 28 PC RESO NO. 6759 -2- 7. All other required state and federal permits have been obtained or will be obtained prior 2 to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 3 Conditions;4 <- Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 6 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 7 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 9 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 10 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 or a successor in interest by the City's approval of this Special Use Permit. 12 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 13 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 14 shall occur substantially as shown on the approved Exhibits. Any proposed development, .. different from this approval, shall require an amendment to this approval. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or 17 commencement of construction, whichever occurs first. 18 4. This approval is granted subject to the adoption and approval of the Mitigated Negative 19 Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 144(L), RP 10-26, CDP 10-17, HDP 10-05, and HMP 05-03 and is subject to all 20 conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6757, 6758 and 6760 for those other approvals incorporated herein by reference. 22 5. Approval is granted for Special Use Permit 10-02 as shown and described in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting 23 Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in 24 these conditions. 25 6. Developer shall implement, or cause the implementation of, the MND and Project 26 MMRP. 27 7. 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 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. PC RESO NO. 6759 -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 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 9. 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 format (including any applicable Coastal Commission approvals). Code Reminders; 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 11. 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 building permit issuance, except as otherwise specifically provided herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on February 2, 2011 by the following vote, to wit: AYES: NOES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann ABSENT: Commissioner Schumacher ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION [TEST: DON NEU Planning Director PCRESONO. 6759 -4-