HomeMy WebLinkAbout2017-08-16; Planning Commission; Resolution 72581
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO CONSTRUCT APPROXIMATELY 3,068 LINEAR FEET OF REINFORCED
CONCRETE STORM WATER PIPE, 11 STORM DRAIN INLETS AND FIXTURES
WITHIN THE MELLO II SEGMENT OF THE CITY’S COASTAL ZONE LOCATED
WITHIN THE PUBLIC RIGHTS-OF-WAY ON TAMARACK AVENUE, PARK
DRIVE AND MONROE STREET WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: PARK & TAMARACK DRAINAGE IMPROVEMENTS
CASE NO: CDP 2017-0029 (PUB17Y-0019)
WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application with the City
of Carlsbad regarding property described as
Located within the public rights-of-way on a portion of Tamarack
Avenue, Park Drive and Monroe Street and on file in the Planning
Division
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “O” dated August 16, 2017, attached hereto and on file
in the Carlsbad Planning Division, CDP 2017-0029 – PARK & TAMARACK DRAINAGE
IMPROVEMENTS, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 16, 2017, 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
CDP 2017-0029 – PARK & TAMARACK DRAINAGE IMPROVEMENTS, based on the
following findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7258
PC RESO NO. 7258 -2-
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Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project consists of the construction of storm water pipeline and
fixtures, and the relocation of two segments of 8- and 10-inch sewer pipeline on property
located within the public rights-of-way. The project will not obstruct views of the coastline as
seen from public lands or the public right-of-way, nor damage the visual beauty of the coastal
zone as the recycled water pipeline will be placed underground.
2. The proposal is in conformity with the public access and recreation policies of the City of Carlsbad
Local Coastal Program in that the proposed storm water pipeline will be installed underground,
therefore, will not impact public access opportunities, recreational resources or obstruct views
of the coastline as seen from public lands or the public rights-of-way; therefore, the visual
beauty of the coastal zone will not diminish, nor will there be any impacts to coastal resources
or public access. No agricultural uses currently exist on the site and the project is not located
in an area of known geologic instability or flood hazard.
The project is not located in an area identified as a 100-year floodplain nor is it considered a
priority project requiring structural BMPs as the project will be within the public rights-of-way
and no additional impervious surface will be created. Furthermore, 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 run-
off, pollutants and soil erosion. Therefore the project is consistent with applicable provisions
of Policies 4-3 through 4-7of the Mello II segment of the LCP.
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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. No steep slopes or native vegetation is located on the subject property and
the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances in that the project
will provide adequate drainage facilities to the area in compliance with the city’s Engineering
Standards. Furthermore, project operations will not result in any increased traffic and will thus
not result in any substantial deterioration of the public roadway system, nor generate a need
for other governmental services, such as emergency services.
5. Developer shall implement, or cause the implementation of, the applicable project design
features/methods and construction measures identified in Table 3-6 of the Environmental
Impact Report for the Drainage Master Plan Update (EIR 04-02).
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.
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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. Developer shall implement, or cause the implementation of, the applicable project design
features/methods and construction measures identified in Table 3-6 of the project EIR (EIR 04-
02). All applicable project design features/methods shall be incorporated into final construction
plans and specification documents.
6. 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, (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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if a notice to proceed is not issued for this project within
24 months from the date of project approval.
PC RESO NO. 7258 -4-
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Code Reminders:
9. 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 issuance of a notice to
proceed, except as otherwise specifically provided herein.
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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 16, 2017, by the following vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN:
JEF EGALL, Chairperson
Chairperson Segall, Commissioners Black, Goyarts, Montgomery,
Rodman and Siekmann
Commissioner Anderson
CARLSBAD PLANNING COMMISSION
ATIEST:
Q_)1.
DON NEU
16 City Planner
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PC RESO NO. 7258 -5-