HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71891
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PLANNING COMMISSION RESOLUTION NO. 7189
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
CDP 16-23 TO ALLOW FOR IMPROVEMENTS AT SEVEN (7) PUBLIC BEACH
ACCESSES ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
OCEAN STREET, NORTH OF OAK AVENUE, TO RUE DES CHATEAUX IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
OCEAN STREET BEACH ACCESS IMPROVEMENTS
CDP 16-23
7 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City
8 of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as
9 Public right-of-way on a portion of Ocean Street between Oak Avenue
and Rue Des Chateaux; public right-of-way for the Carlsbad Village Drive
10 and Grand Avenue accesses; and within the public access easements
located on a portion of the following parcels:
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203-251-05-00 (Oak Avenue); 203-235-03-00 (Christiansen Way); 203-
140-38-00 (Beech Avenue); 203-140-28-02 (Cypress Avenue); and 203-
010-19-00 (Rue Des Chateaux) ("the Property''); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A"-"M" dated August 17, 2016, attached hereto and on file in the Carlsbad
Planning Division, OCEAN STREET BEACH ACCESS IMPROVEMENTS-COP 16-23, as provided in Chapter
21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 17, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request;
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
OCEAN STREET BEACH ACCESS IMPROVEMENTS -COP 16-23, based on the following
findings and subject to the following conditions:
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Findings:
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2.
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the proposed project is consistent with, or otherwise implements,
the following Mello II LCP policies:
a.
b.
c.
d.
e.
Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project
complies because most of the work will be within public access easements or within the
public right-of-way and will either be replanted with native drought tolerant vegetation
or the existing vegetation will remain, which will eliminate the possibility of erosion.
Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because
development proposed in areas of steep slopes (equal to or greater than 25% gradient),
will primarily be the removal of vegetation and/or replanting and some flat work to
widen sections of stairways and landings. The project also complies because the project
will implement a Storm Water Pollution Prevention Plan (SWPPP) during the
construction phase and a Storm Water Quality Management Plan (SWQMP) for
permanent post construction storm water pollution control 'best management
practices' (BMPs) that provide long term storm water treatment to insure proper storm
water quality measures during and after construction.
Carlsbad LCP Mello II Policy 4-4 Removal of Native Vegetation. The project complies
because it will not remove any native vegetation with the project.
Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices and Policy 4-6 Sediment
Control Practices. The project complies because onsite erosion will be avoided and
sediment controlled through the use of silt fences, sandbags and/or straw mulch rolls
being placed around excavated areas during the construction period.
Carlsbad LCP Mello II Policy 7-2 Shoreline Access Signage. The project complies because
public beach access signage will be installed at each of the seven (7) beach access ways,
located on the west side of Ocean Street.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the proposed improvements will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the previously graded site, nor are there
any sensitive resources located on the developable portion of the site. The proposed public
accesses are not located in an area of known geologic instability and are located outside a flood
hazard area.
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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. The subject property does not include the removal of existing native
vegetation. Development proposed in areas of steep slopes (equal to or greater than 25%
gradient), will primarily be the removal of non-native, ornamental vegetation and/or replanting
and some flat work to widen sections of stairways and landings. In addition, the site is not
PC RESO NO. 7189 -2-
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4.
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The proposed development complies with all applicable requirements of the Coastal Shoreline
Development Overlay Zone in that the project includes refurbishing and improving seven (7)
public beach accesses, including adding benches, bike racks, trash/recycling receptacles and
ADA accessible landings. The project also includes public beach access signage and ten-foot
wide concrete paver crosswalks to make the accesses more visible to the public. No new access
improvements will extend westward/seaward of the existing access improvements, which will
preserve the ocean views.
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.
Conditions:
Planning
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit or grading permit, 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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit 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. Prior to submittal of the building plans, improvement plans, grading plans, orfinal map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
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6.
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
This approval shall become null and void if the issuance of a building permit or grading permit,
whichever occurs first, are not issued for this project within 24 months from the date of project
approval.
Engineering
General
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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.
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
Grading
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Based upon a review of the proposed grading shown on the site plan, a grading permit for this
project may be required. Developer shall prepare and submit plans and technical studies/reports
as required by city engineer, post security and pay all applicable grading plan review and permit
fees per the city's latest fee schedule.
Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
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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.
Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of the city engineer.
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If final construction drawings indicate that this project is subject to 'Priority Development Project'
requirements, applicant shall prepare a Storm Water Quality Management Plan (SWQMP},
subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version.
The final SWQMP required by this condition shall be reviewed and approved by the city engineer
with final grading plans.
Applicant is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.} incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Applicant is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs}. These BMPs include site design,
source control and Low Impact Design (LID} measures including, but not limited to, minimizing
the use of impervious area (paving}, routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
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
17 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
18 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.
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PC RESO NO. 7189 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 17, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, and Siekmann
Commissioner Goyarts
~~gt;~w
VE YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
16 City Planner
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PC RESO NO. 7189 -6-