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HomeMy WebLinkAbout2011-09-21; Planning Commission; Resolution 68021 PLANNING COMMISSION RESOLUTION NO. 6802 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE 4 MAINTENANCE DREDGING OF APPROXIMATELY 25 5 CUBIC YARDS OF SEDIMENT AND INSTALLING ADDITIONAL RIP-RAP SHORELINE PROTECTION 6 LOCATED AT THE NORTHERN END OF THE BRISTOL COVE BOAT CHANNEL SOUTH OF THE INTERSECTION OF 7 PARK DRIVE AND COVE DRIVE IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: BRISTOL COVE SEDIMENT REMOVAL 9 CASE NO: SUP 11-01 10 WHEREAS, City of Carlsbad, "Developer" has filed a verified application with '' the City of Carlsbad regarding property described as Lot 74, Shelter Cove Tract, in the City of Carlsbad, County of 13 San Diego, State of California, according to Map thereof No. 5162, recorded in Book 112, Pages 5162, of Miscellaneous 14 Records, in the Office of the County Recorder, San Diego County, California, on April 23,1963 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Floodplain 1 8 Special Use Permit as shown on Exhibit "A" dated September 21, 2011, on file in the Planning 19 Department, BRISTOL COVE SEDIMENT REMOVAL - SUP 11-01, as provided by 20 Chapter 21.110 of the Carlsbad Municipal Code; and 21 „„ WHEREAS, the Planning Commission did on September 21, 2011, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 75 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Floodplain Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES BRISTOL COVE SEDIMENT REMOVAL - SUP 11-01, based on the following findings and subject to the following conditions:4 5 Findings: 6 1. The project is consistent with the Open Space and Conservation Element - Open Space Planning and Protection Goal A.4, which states, "A city with an adequate amount and 7 variety of open space for outdoor recreation, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study' and, semi-developed areas for 9 camping," in that the dredging of this area of the cove will restore the boat dock function and allow residents access to the waterways, including Agua Hedionda 10 Lagoon, beaches, and trails along the lagoon. 11 2. The project is consistent with the Open Space and Conservation Element - Water Quality 12 Protection Objectives: 1) B.I - "To control storm water pollutants;" 2) B.2 - "To design storm water conveyance systems that do not adversely impact sensitive environmental 13 resources;" and 3) B.3 - "To improve water quality within the City," in that the proposed supplemental rip-rap would be adequately sized to handle storm water flows from 14 the existing 60-inch diameter storm drain, which would reduce pollutants and .<. sediment from reaching the cove. 16 3. The site is reasonably safe from flooding and will not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the project will remove up to 25 17 cubic yards of sediment deposited in the cove and will not obstruct water from flowing through this area should a 100-year flood occur.18 19 4. The project will not create a hazard or adversely impact development, or adjacent and upstream properties and structures; and the cumulative effect of this project and the 20 adjacent approved projects will not significantly raise the level of the 100 year flood plain (base flood elevation) in that the dredge activity will increase the physical capacity of 21 the cove and therefore the ability of the cove to accommodate flood waters. 22 5. The project complies with the certified Local Coastal Program (LCP) and Coastal 23 Resource Protection Overlay Zone requirements in that dredging a small area of the cove, and installing appropriately sized supplemental riprap for erosion control, will 24 enhance and protect coastal resources by reducing the potential sediment and storm water pollutants from entering the cove or Agua Hedionda Lagoon. 26 6. The project complies with policy 6.7 of the Agua Hedionda LCP, which states, "The present recreational uses of the lagoon shall be maintained and where feasible, 27 expanded." Removing the 25 cubic yards of sediment that has settled adjacent to and under a boating facility will allow residents to use this facility to access the 2° adjacent Agua Hedionda Lagoon for recreational use. PC RESO NO. 6802 -2- 7. The project is in conformity with the public access and recreation policies of Chapter 3 of 2 the Coastal Act in .that dredging of this area of the cove will allow residents access to the boating facilities to access Agua Hedionda Lagoon, beaches, and trails along the 3 lagoon. 8. All other required state and federal permits have been obtained or will be obtained prior c to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 6 9. The Planning Director has determined that the project is exempt from the California 7 Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304(g) - maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies and Section 15301(d) - restoration or 9 rehabilitation of deteriorated or damaged structures. 10 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 12 a Notice to Proceed or commencement of construction, whichever occurs first. 13 1. 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 14 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 2. The applicant must secure the appropriate permits and approvals from all resource 17 agencies affected by the dredging operation and disposal of the dredge materials. 18 3. 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 19 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 future building permits; deny, revoke, or further condition all certificates of occupancy 21 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 22 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 Special Use Permit. 24 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or 25 commencement of construction, whichever occurs first. 2" 5. This approval shall become null and void if the Notice to Proceed is not issued or ~7 commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the 28 California Coastal Commission or other agencies. PC RESO NO. 6802 -3- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Engineering: 6 8. Prior to hauling dirt or construction materials to or from any proposed construction site 7 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route.8 9. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 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 runoff during construction, general housekeeping practices, pollution prevention and 11 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or 12 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 14 10. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 15 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 j 7 applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 18 Code Reminders: 19 11. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction j, of the City Engineer. 22 12. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 23 permit issuance, except as otherwise specifically provided herein. 24 25 26 27 28 PCRESONO. 6802 -4- 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 NOTICE 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." 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 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. 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 21, 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6802 -5-