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HomeMy WebLinkAbout2023-09-20; Planning Commission; Resolution 7494PLANNING COMMISSION RESOLUTION NO. 7494 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT, CDP2022-0056, TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF TWO EXISTING WATER MAIN PIPELINES WITH A SINGULAR 12-INCH DIAMETER PIPELINE AND • CONDUCT MAINTENANCE OF EXISTING SEWER MAINS AND MAINTENANCE HOLES IN THE FOLLOWING TWO AREAS: 1) CARLSBAD BOULEVARD BETWEEN TIERRA DEL ORO AND MANZANO DRIVE; 2) CANNON ROAD BETWEEN AVENIDA ENCINAS AND CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: CASE NO.: TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS CDP2022-0056 (CIP 5048 & 5503) WHEREAS, City of Carlsbad, has filed a verified application regarding property owned City of Carlsbad, described as right-of-way along Carlsbad Boulevard between Tierra Del Oro and Manzano Drive and Cannon Road between Avenida Encinas and Carlsbad Boulevard ("the Property11); and WHEREAS, a third addendum to a Program Environmental Report (PEIR) was prepared in conjunction with said project (EIR12-01), reviewed and adopted consistent with the findings in the Planning Commission Resolution; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A1' -"W11 dated Sept. 20, 2023, on file in the Carlsbad Planning Division, CDP2022-0056 -TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on Sept. 20, 2023, 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 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 CDP2022-0056 -TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit, CDP2022-0056 1. That the proposed project is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies in that the project is in the Mello II and Agua Hedionda Lagoon Segment of the LCP. Carlsbad LCP Mello II and Agua Hedionda Lagoon Segment policies are specific to individual properties, and this project is entirely within the right- of-way. A section of the project falls within the Agua Hedionda Lagoon, an area with deferred certification as outlined in the LCP. In the deferred certification areas of the LCP, the Coastal Commission retains permit authority. For this project; the Coastal Commission will issue permits for the improvements that extend along Carls~ad Boulevard from Tierra Del Sol to Cannon Road and along Cannon Road from Carlsbad Boulevard to Avenida Encinas. The Coastal Commission holds appeal jurisdiction for the improvements starting from the intersection of Cannon Road and Carlsbad Boulevard, extending 210 feet south to Shore Drive, and additionally spans from the southernmost intersection of Carlsbad Boulevard and Shore Drive to the project's southern boundary ending at Manzano Drive. 2. The Project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project would be constructed within a public roadway, and public access to the beach would be maintained at all times during construction by implementing a traffic control plan. The traffic control plan will be prepared and implemented in accordance with the California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. To avoid impacts on beach access, major construction activities will avoid the peak tourist season between Memorial Day and Labor Day. 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, -2- ,, ( ( Storm Water Ordinance, BMP Design Manual, and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The. subject property is within the public right-of-way, and public utility and access easements do not include steep slopes (equal to or greater than 25 percent gradient) nor native vegetation. The site is not located within an area prone to landslides or susceptible to accelerated erosion, liquefaction, or flooding. 3. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that the site is located on the right-of-way along Carlsbad Boulevard between Tierra Del Oro and Manzano Drive and is not subject to section 21.204.030 land uses in the overlay zone. The project would be constructed within a public roadway, and public access to the beach would be maintained at all times during construction by implementing a traffic control plan. The traffic control plan will be prepared and implemented in accordance with the California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. Major construction activities will avoid the peak tourist season between Memorial Day and Labor Day. 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 complies with the requirements of the Coastal Shoreline Development Overlay Zone. General 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan. 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3, and all other city public policies and ordinances. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the commencement of construction. 1. Approval is granted for CDP2022-0056 -TERRAMAR AREA SEWER AND WATER MAIN IMPROVEMENTS as shown on Exhibit 8, "A" -"W", dated Sept. 20, 2023, on file in the Planning Division and incorporated herein by reference. The development shall occur substantially as shown unless otherwise noted in these conditions. • 2. 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 -3- ( ( 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 the Developer or a successor in interest by the city's approval of this Coastal Development Permit. 3. Staff is authorized and directed to make, or require the City of Carlsbad "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. The development shall occur substantially as shown on the approved exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 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 continue even if the city's approval is not validated. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, the Developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan or other, 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 acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. -4- ( ( 8. Prior to the commencement of construction activities, the Developer shall submit to the city construction drawings that show the location of the temporary staging area. The staging area shall be located in previously disturbed or developed areas. No staging areas shall be allowed to be within sensitive biological habitats. 8. This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if the commencement of construction activities has not begun for this Project within 24 months from the date of Project approval. 10. Prior to the commencement of construction activities, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution(s) No. 7494 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete Project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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. The Project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. -5- ( PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Sept. 20, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, Stine NAYES: ABSENT: ABSTAIN : -6- PETER MERZ, Chair CARLSBAD PLANNING COMMISSION A~~ ERIC LARDY City Planner