HomeMy WebLinkAbout2011-07-20; Planning Commission; Resolution 67901 PLANNING COMMISSION RESOLUTION NO. 6790
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 10-24 FOR A POST
4 EMERGENCY COASTAL DEVELOPMENT PERMIT
5 APPROVAL TO: 1) DEMOLISH AN EXISTING SEWER LIFT
STATION, LOCATED AT THE NORTH END OF NORTH
6 PONTO DAY USE PARKING LOT; 2) CONSTRUCT A NEW
SEWER LIFT STATION, LOCATED AT THE NORTH END OF
7 SOUTH CARLSBAD STATE BEACH CAMPGROUND; 3)
ABANDON IN PLACE APPROXIMATELY 1,300 FEET OF 6
INCH SEWER FORCE MAIN PIPE; AND 4) INSTALL
9 APPROXIMATELY 345 FEET OF 6 INCH SEWER FORCE
MAIN FROM THE NEW SEWER LIFT STATION EASTWARD
10 TO TIE INTO AN EXISTING CITY SEWER MANHOLE
LOCATED ON SURFSIDE LANE, WITHIN THE CITY'S
11 COASTAL ZONE LOCATED ON SOUTHBOUND CARLSBAD
12 BOULEVARD AND SURFSIDE LANE, JUST NORTH OF
ISLAND WAY, WITHIN LOCAL FACILITIES MANAGEMENT
13 ZONE 22.
CASE NAME: SOUTH CARLSBAD STATE BEACH
14 CASE NO.: CDP 10-24
15 WHEREAS, the California State Parks, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by the City of Carlsbad and the
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California State Parks, "Owner," described as18
19 Public rights-of-way on a portion of southbound and
northbound Carlsbad Boulevard and Surfside Lane
20 approximately 2,850 feet south of Palomar Airport Road and
ending approximately feet north of Poinsettia Lane including a
•^ portion of South Carlsbad State Beach identified by Assessor's
22 Parcel Number 211-030-2900 (legal description is on file in the
Planning Division)
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Coastal
26 Development Permit as shown on Exhibits "A" - "D" dated July 20, 2011, on file in the
27 Planning Department, SOUTH CARLSBAD STATE BEACH- CDP 10-24, as provided by
28 Chapter 21.201.040 of the Carlsbad Municipal Code; and
1 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
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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f. and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CDP.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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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
1l APPROVES SOUTH CARLSBAD STATE BEACH - CDP 10-24 based on
, j the following findings and subject to the following conditions:
Findings:
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1. That the proposed development is in conformance with the Certified Local Coastal
14 Program and all applicable policies in that the new pipeline has been installed below
northbound and southbound Carlsbad Boulevard and the existing sewer lift station
was demolished and therefore will not obstruct views of the coastline as seen from
1 g public lands or the public right-of-way, nor otherwise damage the visual beauty of
the coastal zone. The new sewer lift station is located within the parking lot of South
17 Carlsbad State campground and does not block coastal views. Furthermore, the new
sewer lift station is self contained and mostly underground. Therefore, the visual
beauty of the coastal zone will not diminish with the project.
19 No agricultural uses currently exist on the site or within the area. The project is not
20 located in an area of known geologic instability.
21 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project started while southbound Carlsbad Boulevard
22 Was closed to traffic for the Encinas Creek Bridge Replacement project (CDP 09-08)
~- and; therefore, there was no impact to the beach area during the summer months.
In addition, most of the work was either completed in the public right-of-way or
24 within the campgrounds parking lot and did not impact the beach. The existing
sewer lift station was demolished without the use of heavy equipment; therefore, no
25 impact occurred on the beach. With these project design elements the project
minimized impacts to coastal resources and public access.26
_7 3. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990, and therefore, is not subject to the
28 provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
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The project is consistent with the provisions of the Coastal Resource Protection Overlay
2 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
3 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 environmentally sensitive habitat is located on the subject
c 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
6 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 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
9 exceptions. No development occurred in areas of steep coastal bluffs. There are no
prime agricultural lands near the site.
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A small area of vegetation (approximately 400 square feet of disturbed vegetation
and approximately 200 square feet of coastal sage scrub (CSS)), was impacted for
the construction of the manhole between northbound Carlsbad Boulevard and
Surfside Lane. However, the small area of CSS is not considered an environmentally
13 sensitive habitat area (ESHA) because the CSS is not rare or especially valuable to
the ecosystem because the vegetation is situated in a series of small, fragmented,
isolated patches adjacent to northbound Carlsbad Boulevard, and surrounded by
an urbanized environment. As a result of these factors, the project does not impact
ESHA. Nevertheless, the disturbed area (approximately 600 square feet) will be
revegetated with a native seed mix.
17 5. 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). Furthermore, as stated above, a
. ~ small area of disturbed vegetation and CSS was impacted as a result of the new
manhole located between northbound Carlsbad Boulevard and Surfside Lane;
20 however, the area will be reseeded with native seeds. 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
22 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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1. 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
27 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
28 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
PC RESO NO. 6790 -3-
property title; institute and prosecute litigation to compel their compliance with said
2 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
4 and modifications to the Coastal Development Permit documents, as necessary to make
f them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
6 development, different from this approval, shall require an amendment to this approval.
7 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.o
9 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
10 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
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
12 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
13 (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
14 facility of electromagnetic fields or other energy waves or emissions. This obligation
1 - survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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5. The California State Parks Department shall be responsible for revegetating the
17 disturbed area (approximately 600 square feet) with a native seed mix.
18 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
19 the Site Plan reflecting the conditions approved by the final decision-making body.
20 7. Prior to the issuance of the Coastal Development Permit, Developer shall submit to the
City a Notice of Restriction executed by the owner of the real property to be developed.
21 Said notice is to be filed in the office of the County Recorder, subject to the satisfaction
~j 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. 6790 on the
23 property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
24 conditions or restrictions specified for inclusion in the Notice of Restriction. The
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
26 or successor in interest.
27 ...
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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
"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
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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ABSENT: 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 „DON NEU28Planning Director
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