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HomeMy WebLinkAbout2016-08-17; Planning Commission; Resolution 71891 2 3 4 5 6 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: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 203-251-05-00 (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: 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 Findings: 1. 2. 3. 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- 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 4. 5. 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 PC RESO NO. 7189 -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 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 7. 8. 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 9. 10. 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 11 12 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. PC RESO NO. 7189 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 13 14 15 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. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7189 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7189 -6-