HomeMy WebLinkAbout2013-04-03; Planning Commission; Resolution 6951
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 06-04X1(A) TO ALLOW DREDGING AND IMPROVEMENTS
FOR ENHANCED FLOOD CONTROL ON PROPERTY
GENERALLY LOCATED ON A PORTION OF AGUA
HEDIONDA CREEK CHANNEL IN THE COASTAL ZONE THAT IS BETWEEN THE EL CAMINO REAL AND CANNON ROAD BRIDGES IN LOCAL FACILITIES MANAGEMENT
ZONES 8 AND 24.
CASE NAME: AGUA HEDIONDA & CALAVERA CREEKS
CASE NO: CDP 06-04x1(A) WHEREAS, City of Carlsbad, “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Carlsbad Canterbury Association and
Evans Point Homeowners Association, “Owner,” with easements granted or dedicated to
the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and
described as
A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly Ranch Village E, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13715, as
filed in the Office of the County Recorder of San Diego County on December 31, 1998, and; a portion of Lot 195 of City of Carlsbad Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 13189, as filed in the Office of the County Recorder
of San Diego County on February 10, 1995 (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit Amendment as shown on Exhibits “A” – “Z” dated April 3, 2013, attached
hereto and on file in the Carlsbad Planning Division, AGUA HEDIONDA & CALAVERA
CREEKS – CDP 06-04x1(A), as provided in Chapter 21.81.040 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on April 3, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6951
PC RESO NO. 6951 -2-
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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 Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES AGUA HEDIONDA & CALAVERA CREEKS – CDP 06-04x1(A), based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program (LCP) and all applicable policies in that the existing LCP requires storm drainage facilities in developed areas to be improved and enlarged according to the city’s existing Master Drainage Plan and thus it is the intent of the LCP to allow implementation of drainage projects that are part of the city’s drainage master
planning program.
Furthermore, LCP Policy 4-3(b)(3)(a), requires all development to include measures to reduce flow rates, velocities, erosion, and sedimentation for drainage and erosion control. The additional riprap between the El Camino Real and Cannon Road bridges (the portion of the project within the Coastal Zone) is necessary to further
protect the banks from erosion and reduce the amount of potential sedimentation
and/or erosion in the downstream habitat preserve.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project involves dredging of existing creek channels that
are not navigable, used for recreation, or bordered by public trails or recreation
areas.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 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 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 are located on the subject property and
the site is not located in an area prone to landslides.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 6951 -3-
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Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 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
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 Coastal Development Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as necessary to make 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 development, different from this approval, shall require an amendment to
this approval. 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.
4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law. 5. 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
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 Amendment CDP 06-04x1(A), (b) City’s approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated
herein, and (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 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
PC RESO NO. 6951 -4-
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6. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
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).
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 8 and 24 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
9. This approval is granted subject to the approval of EIR 04-02(A) and SUP 06-02x1(A)
and is subject to all conditions contained in Planning Commission Resolution Nos. 6950
and 6952 or those other approvals incorporated herein by reference.
11. The certified and adopted project conditions for EIR 04-02, CDP 06-04, SUP 06-02 and HMPP 06-03, which are contained in Planning Commission Resolution Nos.
6376, 6379, 6380 and 6381, still apply to this project (CDP 06-04x1(A)) with the
exception of the following:
Condition No. 10 in Planning Commission Resolution No. 6379, which is replaced by Condition No. 12 of this Resolution;
Condition No. 12 in Planning Commission Resolution No. 6379, which is not applicable given the requirements of the project’s Mitigation Monitoring and Reporting Program (MMRP), which is attachment “EIR-B” to Resolution No.
6376;
Condition No. 13 in Planning Commission Resolution No. 6380, which is replaced by Condition No. 12 of this Resolution; and
Condition No. 9 in Planning Commission Resolution No. 6381, which is replaced
by Condition No. 12 of this Resolution.
12. This approval shall become null and void if the issuance of a Notice to Proceed or commencement of construction, whichever occurs first, are not issued for this project
within 24 months from the date of project approval.
NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. . . .
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