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HomeMy WebLinkAbout2012-08-01; Planning Commission; Resolution 6904 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RETROACTIVE FIVE YEAR EXTENSION OF A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW PERIODIC MAINTENANCE DREDGING OF THE AGUA HEDIONDA OUTER LAGOON AND THE PLACEMENT OF DREDGED SAND ON CARLSBAD BEACHES IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AGUA HEDIONDA OUTER LAGOON MAINTENANCE CASE NO: SUP 06-10x1 WHEREAS, Cabrillo Power I, LLC, “Developer/Developer,” has filed a verified application with the City of Carlsbad regarding property described as Portions of Lot “H” of Rancho Agua Hedionda, according to partition Map No. 823, filed November 16, 1896, (“the Property”); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibits “A” – “E” dated August 1, 2012, on file in the Planning Division, AGUA HEDIONDA OUTER LAGOON MAINTENANCE – SUP 06-10x1, as provided by the conditions of approval of SUP 06-10 and by Chapter 21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on August 1, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 6904 PC RESO NO. 6904 -2- 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA OUTER LAGOON MAINTENANCE – SUP 06-10X1 effective retroactively from October 18, 2011, through October 18, 2016, based on the following findings and subject to the following conditions: Findings: 1. The adopted project findings for SUP 06-10, which are contained in Planning Commission Resolution No. 6181, still apply to this project (SUP 06-10x1). Finding No. 1 and 4, in regard to the trail improvements along the north shore of the outer lagoon, which has been completed, will read as follows: a. The project is consistent with the Parks and Recreation Element (i.e., Goals, Objectives, and Policies B.6 and C.11) of the General Plan in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of the outer lagoon, - enhance public recreation opportunities by increasing the size (i.e., square footage area) of useable public beach and by formalizing a public trail along the north shore of the outer lagoon. b. The project is an allowable activity/use in the Open Space Zone and complies with all its standards in that the dredge activity, placement of sand on the beach, and trail improvements along the north shore of the outer lagoon maintain/improve the overall health of the lagoon by a) dredging the intake channel and ensuring the continued flow of fresh, nutrient-rich ocean waters into the lagoon; b) enhancing the quality of the beach by placing dredged sand on the beach, thereby assisting in the buildup of a deteriorating beach profile; and c) formalizing public access to open space areas through installation of trail improvements. Conditions: 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 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 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 or a successor in interest by the City’s approval of this Special Use Permit Extension. 2. The adopted project conditions for SUP 06-10, which are contained in Planning Commission Resolution No. 6181 still apply to this project (SUP 06-10x1) with the exception of Condition No. 9 and 10 which have been satisfied, and Condition No. 11, which is replaced by Condition No. 3 of this Resolution. 3. This Special Use Permit is granted retroactively for a period of 5 years from October 18, 2011, through October 18, 2016. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land PC RESO NO. 6904 -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 uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 4. Developer shall submit to the 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 of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Special Use Permit Extension by Resolution No. 6904 on the 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 conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner 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 or successor in interest. 5. 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 treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . .