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Home My WebLink About2011-07-20; Planning Commission; Resolution 67891 PLANNING COMMISSION RESOLUTION NO. 6789 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO: INSTALL 4 ADDITIONAL RIPRAP ALONG AN APPROXIMATELY 280- 5 FOOT LONG, 35-FOOT WIDE AND 15-FOOT HIGH (11-FEET ABOVE GRADE AND 4-FEET BELOW GRADE) SECTION OF 6 SHORELINE FOR SLOPE PROTECTION; 2) RELOCATE A SECTION OF 6 INCH SEWER FORCE MAIN; AND 3) 7 CONSTRUCT A PROTECTIVE STEEL CASING OVER AN EXISTING 48 INCH DIAMETER SEWER OUTFALL PIPELINE 8 ON PROPERTY GENERALLY LOCATED ON SOUTHBOUND 9 CARLSBAD BOULEVARD, APPROXIMATELY 0.7 MILE SOUTH OF PALOMAR AIRPORT ROAD AND 1 MILE 10 NORTH OF POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 22. 11 CASE NAME: CARLSBAD BOULEVARD RIPRAP J2 EXTENSION CASE NO: SUP 10-01 13 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 14 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," I g described as 17 Public right-of-way on a portion of southbound Carlsbad Boulevard beginning approximately 2,800 feet south of Palomar Airport Road and ending approximately 5,000 feet 1 p north of Poinsettia Lane 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Floodplain 22 Special Use Permit as shown on Exhibits "A" - "D" dated July 20, 2011, on file in the Planning 23 Department, CARLSBAD BOULEVARD RIPRAP EXTENSION - SUP 10-01, as provided 24 by Chapter 21.110 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did on July 20, 2011, hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 1 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 4 WHEREAS, at said public hearing, upon hearing and considering all testimony 2" 3 n relating to the Floodplain Special Use Permit. 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. Q B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES CARLSBAD BOULEVARD RIPRAP EXTENSION - SUP 10- 01, based on the following findings and subject to the following conditions: 10 Findings: 12 1 • The site is reasonably safe from flooding in that the Wave Run-up study completed by West Consultants, Inc, dated May 26, 2010, verified that the installed riprap was 13 sized to withstand wave activity based on coastal wave height per the USACEs' Coastal Engineering Manual (2006). In addition, the sewer outfall pipeline 14 protective steel casing is below grade and will not be affected by wave action during extreme high tides. 16 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that the riprap extension and sewer outfall pipeline 17 protective cover project does not include any habitable portions. 1 R The proposed project does not create a hazard for adjacent or upstream properties or structures in that the riprap extension and sewer outfall pipeline protective cover project did not place equipment, structures or other materials in areas which would 20 impede water flow in the adjacent Encinas Creek creating a hazard to any structures adjacent or upstream of the project. In addition, the Encinas Creek Bridge was recently replaced and designed to accommodate a 100-year flood. 22 4. The proposed project does not create any additional hazard or cause adverse impacts to 23 downstream properties or structures in that the riprap extension and sewer outfall pipeline protective cover project is adjacent to the beach and Pacific Ocean. There 24 are no properties or structures downstream from the project area. 75 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 26 of 100-year frequency in that the installed riprap extension and sewer outfall pipeline protective cover project is adjacent to the beach and Pacific Ocean and therefore 27 will not reduce the ability of the site to pass or handle a 100-year flood. Furthermore, the riprap was sized to withstand wave activity based on coastal wave height per the USACEs' Coastal Engineering Manual (2006), and the sewer outfall PC RESO NO. 6789 -2- pipeline protective steel casing is below grade and will not impede flows of the 100- 2 year flood. 3 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 at any point in that construction of the project did not place equipment, structures or c other materials in areas which could impede flows of the 100-year flood. Thus no increase in water surface elevation will result from implementation of the project. 6 7. All other required state and federal permits have been obtained. 7 Conditions: o 9 1. This approval is granted subject to the approval of the CDP 10-06 and is subject to all conditions contained in Planning Commission Resolution No. 6788 for those other 10 approvals incorporated herein by reference. NOTICE 12 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 "fees/exactions." 15 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 16 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 annul their imposition. 19 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 22 expired. 23 24 25 26 27 28 PC RESO NO. 6789 -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 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 wit: AYES: Vice Chairperson Schumacher, Commissioners Arnold, Black, Nygaard, Scully and Siekmann NOES: ABSENT: Chairperson L'Heureux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6789 -4-