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HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67621 PLANNING COMMISSION RESOLUTION NO. 6762 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE- YEAR EXTENSION OF COASTAL DEVELOPMENT PERMIT 4 CDP 06-02 TO ALLOW THE CONTINUATION OF THE FIVE- 5 YEAR PROGRAM THAT WOULD ALLOW FOR THE PLACEMENT OF UP TO 150,000 CUBIC YARDS (CY) PER 6 YEAR OF OPPORTUNISTIC BEACH FILL (SAND) ALONG THE ENCINAS BEACH PORTION OF THE SOUTH 7 CARLSBAD STATE BEACH, LOCATED ON THE WEST SIDE OF SOUTHBOUND CARLSBAD BOULEVARD, JUST NORTH 8 OF THE ENCINAS CREEK BRIDGE, AND SOUTH OF 9 PALOMAR AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT ZONE 22. 10 CASE NAME: CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM 11 CASE NO.: CDP 06-02x1 12 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with 13 the City of Carlsbad regarding property owned by California Department of Parks and 14 Recreation, "Owner," described as 1 6 A Parcel of land being Rancho Agua Hedionda portion of 14.22 acres in Lot H of Map 823, and in Section 20, Township 12S, 17 Range 4W, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to the 18 official plat 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Coastal 21 __ Development Permit extension as provided by Chapter 21.201.040 of the Carlsbad Municipal 23 Code; and as shown on Exhibit "A," dated May 17, 2006, attached to Planning Commission 24 Resolution No. 6069 and incorporated herein by reference; and 25 WHEREAS, the Planning Commission did, on March 16, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to CDP 06-02x1 - CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. g B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CDP 06-02x1 - CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM, based on the following findings and subject to the following 10 conditions: Findings: 12 '1. All of the findings contained in Planning Commission Resolution Nos. 6067 and 6069, 13 dated May 17, 2006, for the project's MND and CDP (06-02) apply to this extension and are incorporated herein by reference and remain in effect. 14 .<. 2. That the five-year extension (from May 17, 2011 to May 17, 2016) is appropriate because the Opportunistic Beach Fill Program will: 1) provide an environmental 16 benefit by re-nourishing the loss of sand within the Oceanside Littoral Cell; 2) assist in the preservation and protection of the coastal beach: 3) place sand on the beach 17 to replenish beaches eroded from previous coastal flooding; 4) increase protection of public property and infrastructure; and 5) enhance the opportunities for recreational use of the site. 19 3. That such permits and approvals as extended are consistent with the requirements of Title 20 21 of this code at the time of their extension. 21 Conditions: 22 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. 24 1. This Coastal Development Permit is granted for a period of five years from May 17, 2011 to May 17, 2016. This permit may be revoked at any time after a public hearing, if 25 it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon 27 written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no 28 substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare PC RESO NO. 6762 -2- is found, the extension shall be denied or granted with conditions that will eliminate or 2 substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 3 2. No work shall occur between Memorial Day weekend and Labor Day weekend due to heavy use of the beach area during the summer months. 3. This approval is granted subject to the approval of SUP 04-13x1, and is subject to all 6 conditions contained in Planning Commission Resolution No. 6763 for those other approvals incorporated herein by reference. 7 4. All of the conditions contained in Planning Commission Resolution Nos. 6067 and No 6069 dated May 17, 2006 for CDP 06-02 and the associated MND and MMRP 9 apply to this five-year extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 7 on Resolution No. 6069 which 10 is superseded by Condition No. 1 of this Resolution No. 6762. 5. Developer shall comply with the city's Stormwater 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 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 6. Developer shall complete and submit to the city engineer a Project Threat Assessment 17 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 20" 21 22 23 24 25 26 27 28 PC RESO NO. 6762 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, 3 to wit: 4 e- AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann 6 NOES: 7 ABSENT:o 9 ABSTAIN: 10 11 12 STEPHEN "HAP" L'HEUREUX, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 „DON NEU1 O1 ° Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6762 -4- BLT!