HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67881 PLANNING COMMISSION RESOLUTION NO. 6788
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 10-06 FOR A POST
4 EMERGENCY COASTAL DEVELOPMENT PERMIT
5 APPROVAL TO: 1) INSTALL ADDITIONAL RIPRAP ALONG
AN APPROXIMATELY 280-FOOT LONG, 35-FOOT WIDE
6 AND 15-FOOT HIGH (11 -FEET ABOVE GRADE AND 4-FEET
BELOW GRADE) SECTION OF SHORELINE FOR SLOPE
7 PROTECTION; 2). RELOCATE A SECTION OF 6 INCH
SEWER FORCE MAIN; AND 3) CONSTRUCT A
8 PROTECTIVE STEEL CASING OVER AN EXISTING 48 INCH
9 DIAMETER SEWER OUTFALL PIPELINE ON PROPERTY
GENERALLY LOCATED ON SOUTHBOUND CARLSBAD
10 BOULEVARD, APPROXIMATELY 0.7 MILE SOUTH OF
P ALOMAR AIRPORT ROAD AND 1 MILE NORTH OF
11 POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT
12 ZONE 22.
CASE NAME: CARLSBAD BOULEVARD RIPRAP
13 EXTENSION
CASE NO.: CDP 10-06
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WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
15 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
17 described as
1 O Public right-of-way on a portion of southbound Carlsbad
in Boulevard beginning approximately 2,800 feet south of
Palomar Airport Road and ending approximately 5,000 feet
20 north of Poinsettia Lane
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "D" dated July 20, 2011, on file in the
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Planning Department, CARLSBAD BOULEVARD RIPRAP EXTENSION - CDP 10-06, as
25 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
27 WHEREAS, the Planning Commission did, on July 20, 2011, hold a duly noticed
2° public hearing as prescribed by law to consider said request; and
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 the CDP.
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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.
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B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES CARLSBAD BOULEVARD RIPRAP EXTENSION - CDP 10-
06 based on the following findings and subject to the following conditions:
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Findings:
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1. That the proposed development is in conformance with the Certified Local Coastal
1 Program and all applicable policies in that the installation of riprap and the sewer
* -j outfall pipeline casing were installed below the southbound Carlsbad Boulevard
grade and therefore will not obstruct views of the coastline as seen from public
14 lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. Furthermore, the color and size of the riprap is the same as what was
15 previously approved and installed for the replacement of the Encinas Creek Bridge
just to the north of the project site. Therefore, the visual beauty of the coastal zone
will not diminish with the project.
17 No agricultural uses currently exist on the site or within the area. The proposed
1 g project is not located in an area of known geologic instability. The riprap is located
above a flood hazard area; however, according to the Wave Run-up study
19 completed by West Consultants, Inc, dated May 26, 2010, the riprap was sized to
withstand wave activity per the USACEs' Coastal Engineering Manual (2006).
~, 1. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the riprap replacement has improved traffic flow and
22 maintains a bike lane which does facilitate pedestrian and vehicular coastal access.
The northern end of the riprap started approximately 149 feet south of the Encinas
23 Creek Bridge, which is where the southern end of the riprap was installed under the
Encinas Creek Bridge replacement project that started construction in January of
this year (CDP 09-08, SUP 09-03, and HMP 09-06). Placement of riprap extended
25 southward an additional 280 feet, terminating just north of the California
Department of Parks & Recreation's existing sewer lift station. The supplemental
26 riprap has stabilized the then eroding roadway embankment. The new riprap does
not extend beyond the footprint of the existing riprap.
Southbound Carlsbad Boulevard was reopened in time for the Memorial Day
weekend; therefore there was no impact to the beach area during the summer
months. In addition, the contractor was not allowed to have any equipment west of
PC RESO NO. 6788 -2-
the sheet piles, nor store any material or equipment on the beach. With these project
2 design elements and schedule the project minimized impacts to coastal resources
and public access.
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3. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
4 of the Land Use Plan, certified September 1990, and therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
4. The project is consistent with the provisions of the Coastal Resource Protection Overlay
7 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction. The project adhered to the City's Master Drainage Plan,
11 Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program
(JURMP) to avoid increased urban run-off, pollutants and soil erosion. The zone is
-, intended to protect sensitive resources. It requires preservation of steep slopes with
vegetation (dual-criteria slopes) with some exceptions. No development occurred in
14 areas of steep coastal bluffs. There are no prime agricultural lands near the site.
There are disturbed sensitive vegetation communities to the east of the roadway;
15 however, no impacts to biological resources occurred with the project.
The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no development is
proposed in areas of steep slopes (coastal bluff). Native vegetation located on the
1 g east side of the road was not impacted during construction. The site is not located in
an area prone to landslides, or susceptible to accelerated erosion or liquefaction.
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6. 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 this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions;
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If any of the following conditions fail to occur, or if they are, by their terms, to be
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
26 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
27 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 Coastal Development Permit.
PC RESO NO. 6788 -3-
Staff is authorized and directed to make, or require the Developer to make, all corrections
2 and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
3 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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r 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. 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
and costs, including court costs and attorney's fees incurred by the City arising, directly
9 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
10 nondiscretionary, in 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 liabilities arising from the emission by the
,2 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
13 approval is not validated.
14 5. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
16 6. This approval is granted subject to the approval of SUP 10-01 and is subject to all
conditions contained in Planning Commission Resolutions No. 6789 for those other
17 approvals incorporated herein by reference.
18 7. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the
j 9 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 Recorder, subject to the satisfaction
20 of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolution No. 6788 on the
21 property. Said Notice of Restriction shall note the property description, location of the
22 file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
23 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
24 or successor in interest.
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PC RESO NO. 6788 -4-
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
A "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
6 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
11 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
Commission of the City of Carlsbad, California, held on July 20, 2011, by the following vote, to
15 wit:
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AYES: Vice Chairperson Schumacher, Commissioners Arnold, Black,
*' Nygaard, Scully and Siekmann
18 NOES:
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AB S ENT: Chairperson L' Heureux
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ABSTAIN:21
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23 MICHAEL SCHUMACHER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
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25 ATTEST:
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27 U
DON NEU28Planning Director
PCRESONO. 6788 -5-