HomeMy WebLinkAbout2011-03-16; Planning Commission; Resolution 67631 PLANNING COMMISSION RESOLUTION NO. 6763
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE-
YEAR EXTENSION OF SPECIAL USE PERMIT SUP 04-13 TO
4 ALLOW THE CONTINUATION OF THE FIVE-YEAR
5 PROGRAM THAT WOULD ALLOW FOR THE PLACEMENT
OF UP TO 150,000 CUBIC YARDS (CY) PER YEAR OF
6 OPPORTUNISTIC BEACH FILL (SAND) ALONG THE
ENCINAS BEACH PORTION OF THE SOUTH CARLSBAD
7 STATE BEACH, LOCATED ON THE WEST SIDE OF
SOUTHBOUND CARLSBAD BOULEVARD, JUST NORTH OF
THE ENCINAS CREEK BRIDGE, AND SOUTH OF PALOMAR
9 AIRPORT ROAD, IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
10 CASE NAME: CARLSBAD OPPORTUNISTIC BEACH
FILL PROGRAM
11 CASE NO.: SUP 04-13x1
12 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application
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regarding property owned by California Department of Parks and Recreation, "Owner,"
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. <. described as
16 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
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WHEREAS, said verified application constitutes a request for a Floodplain
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„„ Special Use Permit extension as provided by Chapter 21.110 of the Carlsbad Municipal Code
23 and as shown on Exhibit "A," dated May 17, 2006, attached to Planning Commission Resolution
24 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
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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
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relating to SUP 04-13x1 - CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 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
9 APPROVES SUP 04-13x1 - CARLSBAD OPPORTUNISTIC BEACH FILL
PROGRAM, based on the following findings and subject to the following
10 conditions:
Findings:
1. All of the findings contained in Planning Commission Resolution No. 6068, dated May
17, 2006, for the project's SUP (04-13) apply to this extension and are incorporated
13 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
benefit by re-nourishing the loss of sand within the Oceanside Littoral Cell; 2) assist
16 in the preservation and protection of the coastal beach: 3) place sand on the beach
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.18
3. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of their extension.
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Conditions:
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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.
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1. This Special Use Permit is granted for a period of five years from May 17, 2011 to May
24 17, 2016. This permit may be revoked at any time after a public hearing, if 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
2/- be extended for a reasonable period of time not to exceed five years upon written
application of the permittee made no less than 90 days prior to the expiration date. The
27 Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and welfare.
28 If a substantial negative effect on surrounding land uses or the public's health and welfare
is found, the extension shall be denied or granted with conditions that will eliminate or
PC RESO NO. 6763 -2-
substantially reduce such effects. There is no limit to the number of extensions the
2 Planning Commission may grant.
3 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
internally consistent and in conformity with final action on the project. Development
c shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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3. This approval is granted subject to the approval of CDP 06-02x1, and is subject to all
conditions contained in Planning Commission Resolution No. 6762 for those other
approvals incorporated herein by reference.
4. All of the conditions contained in Planning Commission Resolution No. 6068 dated
May 17, 2006 for SUP 04-13 apply to this five-year extension and are incorporated
10 herein by reference and remain in effect except for Planning Condition No. five on
Resolution 6068 which is superseded by Condition No. 1 of this Resolution No. 6763.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
13 Commission of the City of Carlsbad, California, held on March 16, 2011 by the following vote,
14 to wit:
AYES: Chairperson L'Heureux, Commissioners Black, Dominguez,
Montgomery, Nygaard, Schumacher and Siekmann
17 NOES:
18 ABSENT:
19 ABSTAIN:
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23 STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
24"
25 ATTEST:
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28 DON NEU
Planning Director
PC RESO NO. 6763 -3-