HomeMy WebLinkAbout2016-04-20; Planning Commission; Resolution 71581
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PLANNING COMMISSION RESOLUTION NO. 7158
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE
PERMIT TO REPAIR A CULVERT OUTLET AND CREEK BANK. THE R:EPAIRS
WILL INCLUDE STREAM BANK STABILIZATION, A CULVERT RETROFIT AND
RE-VEGETATION OF THE SITE AREA ON PROPERTY GENERALLY LOCATED
AT 5855 SUNNY CREEK ROAD AND WITHIN A PORTION OF THE AGUA
HEDIONDA CREEK IN LOCAL FACILITIES MANAGEMENT ZONE 15
CASE NAME:
CASE NO:
AGUA HEDIONDA CREEK RESTORATION
SUP 15-02
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Chase Coman, "Owner," described as
A portion of Lot "B" of Rancho Agua Hedionda in the City of Cmlsbad,
State of California, according to Map thereof No. 823, filed in thta Office
of the County Recorder of San Diego County, November 16, 1896
("the Property"); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit as shown on Exhibits "A"-"I" dated April 20, 2016, on file in the Planning Division, SUP 15-02-
AGUA HEDIONDA CREEK RESTORATION, as provided by Chapter 21.110 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on April 20, 2016, 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
SUP 15-02-AGUA HEDIONDA CREEK RESTORATION, based on the following findings and
subject to the following conditions:
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Findings:
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7.
8.
The site is reasonably safe from flooding in that the proposed restoration of the creek bank and
culvert improvements will not increase the base flood elevation of the creek.
The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that no improvements are proposed to any existing structures.
The proposed project does not create a hazard for adjacent or upstream properties or structures
in that all culvert and bank stabilization structures will be designed to handle the expected
velocities and will be anchored to prevent floatation, collapse or lateral movement of the
structures and therefore will not cause obstructions in the area.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that step pools would be contoured with boulder risers,
and pool bottoms would be restored with engineering streambed mixtures that would be
geomorphically appropriate for this section of creek bottom with the intent of reducing
seasonal downstream flooding. All culvert and bank stabilization structures will be designed to
handle the expected velocities and will be anchored to prevent floatation, collapse or lateral
movement of the structures and therefore will not cause obstructions: in the areas of special
flood hazards.
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 project will remove the existing grouted rip-rap and vegetation that
have been deposited in the stream when the bluff eroded and replace them with bioengineered
crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence
of the flow, which will not obstruct water from flowing through this area should a 100-year
flood occur.
The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that the project will not change the channel characteristics which would cause an increase in
the flood elevation.
All other required state and federal permits have been obtained in that th1e applicant has received
either a permit or notification to proceed from the following state and federal resource
agencies: 1) California Department of Fish & Wildlife {Notification of Streambed Alteration -
1600}; 2) San Diego Regional Water Quality Control Board (401 Water Quality Certification); and
3) U.S. Army Corps of Engineers (Nationwide Permit 13).
The proposed project is consistent with the General Plan goals and policies of the city's General
Plan Open Space, Conservation, and Recreation Element, Public Safety Element and the project
site's Open Space Zoning in that a number of goals and policies are identified in the Open Space,
Conservation, and Recreation Element to restore the natural vegetati<m along the creek bank
and improve water quality related to soil erosion and sedimentation, and Public Safety Element
to reduce flood hazards and to protect building and development sites from the effects of
flooding.
PC RESO NO. 7158 -2-
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The project is consistent with the Open Space, Conservation, and Recreation Element-Biological
Resources and Open Space for Conservation Goal -4-G.3 -"Protect environmentally sensitive
lands, wildlife habitats, and rare, threatened or endangered plant and animal communities," in
that the project is designed to be self-mitigating in the use of bioengineering solutions, and
habitat-appropriate planting palettes. The stream banks would be stabilized with
bioengineered crib walls that use naturally occurring materials such as bc>ulders, eucalyptus logs
and soil. The planting palettes would include San Diego County native plants that are persistent
and would support bank stabilization and water quality. Furthermore, the city would plant new
oak trees at a ratio of 2:1 for any trees damaged or removed to accommodate construction.
The bioengineering structure will enhance the. existing wildlife habitat within the project area
without impacting any animal communities in the area.
The project is consistent with the Open Space, Conservation, and Recreation Element -Water
Quality Goal-4-G.14-"Promote the protection of Carlsbad's creeks, lagoons, ocean and other
natural water bodies from pollution," in that the purpose of the project is to replace the failing
grouted riprap and eroding stream banks with bioengineered solutions that would prevent
further erosion and sedimentation with an approach that will utilize native vegetation and
naturally occurring materials, which will protect water quality.
The project is consistent with the Open Space, Conservation, and Recreation Element -Water
Quality Policy -4-P.60 -"Make any necessary structural control changes to the storm water
conveyance system to remove or reduce storm water pollutant levels," in that the proposed crib
walls and boulders would be adequately sized and engineered to handle storm water flows
from the existing 36-inch diameter storm drain and creek, which would reduce pollutants and
sediment from reaching the lagoon.
The project is consistent with the Open Space, Conservation, and Recre!ation Element -Water
Quality Policy-4-P.64-"Preserve, where possible, natural watercourses or provide naturalized
drainage channels within the city. Where feasible, implement restoration and rehabilitation
opportunities," in that the project will include bioengineered crib walls using eucalyptus,
boulders and native plants for bank stabilization to maintain a natural watercourse and restore
the habitat in the area that was washed away when the bank eroded.
The project is consistent with the Public Safety Element,... Flooding and Coastal Hazards Policy-
6-P.2 -"Continue to implement and pursue flood control programs that reduce flood hazards,
such as the city's Grading Ordinance and the Floodplain Management Regulations," in that the
project will install bioengineered crib walls and rock lined outfall ramp with stilling pools to
reduce the velocity and turbulence of the flow, which will not obstruct water from flowing
through this area and the project will adhere to the city's Grading Ordinance and Floodplain
Management Regulations.
The project is consistent with the Public Safety Element -Flooding and Coastal Hazards Policy-
6-P.4-"Require all proposed drainage facilities to comply with the city's Standard Design Criteria
to ensure they are properly sized to handle 100-yearflood conditions," in that the project will
remove the existing grouted rip-rap and vegetation that have been deposited in the stream
when the bluff eroded and replace them with bioengineered crib wall!; and rock lined outfall
ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not
obstruct water from flowing through this area should a 100-year flood c1ccur.
PC RESO NO. 7158 -3-
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The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy 6-
P.5-"Require installation of protective structures or other design measures to protect proposed
building and development sites from the effects of flooding," in that the proposed bioengineered
crib walls, boulders and native plants would stabilize ~he bank to protect the existing structures.
The project has a zoning designation of Open Space (OS) which allows planting and maintaining
of locally native trees, shrubs and other native landscaping elements in order to restore or
enhance the habitat area in that the project will restore the creek banlk that has been eroded
using a bioengineered solution, which will include planting additionalt()ak trees along the top
of the stream bank. The bank will also be replanted with native plants that would support creek
bank stabilization and sediment control.
The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that the project will not change the channel characteristics which would cause an increase in
the flood elevation.
That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to the state CEQA Guidelines Section 15333{d)(S), stream or river bank
stabilization with native vegetation or other bioengineering techniques, the primary purpose of
which is to reduce or eliminate erosion and sedimentation. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
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.
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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 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 ofapprovals 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Special Use Permit document(s) 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7158 -4-
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7.
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.
Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the site plan
reflecting the conditions approved by the finaldecision-making body.
Prior to removal or damage of any active nests or any tree pruning or removal operations during
the prime nesting season, that being from March 15 to May 30, a certifie!d biologist shall survey
the trees to determine if there are any active nests within 500 feet of the area of tree removal or
pruning. If any active nests are located within 500 feet, no tree pruning or removal operations
can occur until the nests are vacated or until the end of the prime breeding season, whichever
occurs later.
In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting
season but within the period of February 15 to August 31, a confirmation is required from a
certified biologist that no disturbance to active nests or nesting activities would occur.
Documentation from the certified biologist consistent with these requirements shall be submitted
to the City Planner for review and approval. A note to this effect shall be placed on the
construction or grading plans.
Engineering:
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Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
Developer shall complete and submit to the city engineer a Project Threat Assessment Form
{PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 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 applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
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 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.
Code Reminders:
11. 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 permit issuance,
except as otherwise specifically provided herein.
PC RESO NO. 7158 -5-
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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.
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 11fees/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 feE~s/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 April20, 2016 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
PC RESO NO. 7158
Chairperson Anderson, Commissioners Black, Goyarts,
L'Heureux, Segall and Siekmann
Commissioner Montgomery
-6-