HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68221 PLANNING COMMISSION RESOLUTION NO. 6822
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO REMOVE PILINGS
4 FROM THE EXISTING TRESTLE BRIDGE STRUCTURE(S)
5 AS A COMPONENT OF THE SEWER LIFT STATION (SLS)
PROJECT ON PROPERTY GENERALLY LOCATED WITHIN
6 THE AGUA HEDIONDA LAGOON CHANNEL BETWEEN
THE OUTER AND MIDDLE LAGOONS IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
8 FORCE MAIN, AND GRAVITY SEWER
9 REPLACEMENT
CASE NO: SUP 10-02
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WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified
, 2 application with the City of Carlsbad regarding property described as
13 Immediately east of the Burlington Northern Santa Fe (BNSF)
railroad tracks, within the railroad right-of-way, and
14 extending over the Agua Hedionda Lagoon channel between
the middle and outer lagoons on a portion of property
identified by Assessor's Parcel Number 210-010-09
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Floodplain18
19 Special Use Permit as shown on Exhibits "A" - "Y" dated October 5, 2011, and as shown and
20 described in the Mitigated Negative Declaration (MND) on file in the Planning Department,
21 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER
22 REPLACEMENT - SUP 10-02, as provided by Chapter 21.110 of the Carlsbad Municipal
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Code; and
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WHEREAS, at their meeting on February 2, 2011, the Planning Commission
25 conducted a public hearing and recommended approval of the project and
27 recommendation of adoption of the MND/MMRP; and
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WHEREAS, at their Joint Special Meeting on March 8, 2011, the City
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Council and Housing and Redevelopment Commission conducted a public hearing and
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received testimony on said project; and
5 WHEREAS, at the request of the Planning Director, the City Council and
6 Housing and Redevelopment Commission continued the public hearing to a date certain, in
7 order for staff to fully respond to written and oral testimony received concerning the
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project and the environmental analysis; and
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WHEREAS, the City Council and Housing and Redevelopment Commission
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resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to
12 consider staffs response to previous testimony, and to receive and consider additional
13 testimony; and
14 WHEREAS, the City Council and Housing and Redevelopment Commission
remanded the project to the Planning Director to conduct further analysis of the
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MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to
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schedule the application and revised MND/MMRP for a new hearing by the Planning18
jg Commission for a recommendation to the City Council and Housing and Redevelopment
20 Commission; and
21 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly
22 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
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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:
PC RESO NO. 6822 -2-
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 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN
AND GRAVITY SEWER REPLACEMENT - SUP 10-02, based on the
^ following findings and subject to the following conditions:
Findings:
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1. The site is reasonably safe from flooding in that the project does not propose any
7 structures within the 100-year flood hazard area. The project will remove the
existing trestle bridge structure(s), which supports the existing 42-inch sewer pipe
(optionally, the structure supporting the 12-inch high pressure natural gas
9 transmission line may be removed). Furthermore, the eight bridge support (8)
pilings (possibly two (2) support pilings for the natural gas line), that are located in
10 the lagoon channel, will also be removed. The removal of the pilings will reduce the
amount of water friction through this narrow channel and allow water to flow faster
through this area should a 100-year flood occur.
12 2. The project as proposed has been designed to minimize the flood hazard to the habitable
13 portions of the structure in that no habitable structure is proposed.
14 3. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the removal of the bridge pilings will reduce the amount of water
friction and allow the water to flow faster into the outer lagoon and eventually into
16 the Pacific Ocean, which would prevent any water in the lagoon channel from
creating a hazard to any structures upstream of the bridge structure(s).
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4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the bridge structure(s) are located over and
19 within the lagoon channel that flows into the Pacific Ocean. The removal of the
bridge pilings and structure(s) will not have an adverse impact on properties or
20 structures downstream from the bridge structure(s).
21 5. The proposed project does not reduce the ability of the site to pass or handle a base flood
„ of 100-year frequency in that the removal of the bridge pilings within the narrow
lagoon channel will better accommodate a 100-year flood through this area.
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6. The proposed project taken together with all the other known, proposed, and anticipated
24 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the removal of the bridge pilings from the narrow lagoon channel
will improve the flow of the lagoon, thereby increasing floodwater capacity.
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7. All other required state and federal permits have been obtained or will be obtained prior
27 to the issuance of a Notice to Proceed or commencement of construction, whichever
occurs first.
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PC RESO NO. 6822 -3-
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
3 a Notice to Proceed or commencement of construction, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
e 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
6 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
7 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
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Special Use Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
i 2 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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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of the issuance of a Notice to Proceed or
1 _ commencement of construction, whichever occurs first.
16 4. This approval is granted subject to the adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP
17 144(L), RP 10-26, CDP 10-17, HDP 10-05, and BMP 05-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819,
6820, 6822 and 6823 for those other approvals incorporated herein by reference.
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5. Approval is granted for Special Use Permit 10-02 as shown and described in the
20 Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting
Program (MMRP) on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise noted in
22 these conditions.
23 6. Developer shall implement, or cause the implementation of, the MND and Project
MMRP.
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~<. 7. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within two (2) years of
26 the final discretionary approval, including the discretionary approvals of the
California Coastal Commission or other agencies.
27 g. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.2o
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9. 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).
Code Reminders:
10. 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
of the City Engineer.
1 1 . Approval of this request shall not excuse compliance with all applicable
the satisfaction
sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on October 5, 2011 by the
to wit:
following vote,
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
NOES:
ABSENT:
ABSTAIN:
^&^w=— -
STEPHEKPHAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:ox
DON NEU
Planning Director
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