HomeMy WebLinkAbout2009-12-01; City Council; Resolution 2009-2941 RESOLUTION NO. 2009-294
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING THE COASTAL
3 DEVELOPMENT PERMIT WITH ADDENDUM ISSUED BY THE
CALIFORNIA COASTAL COMMISSION FOR THE ENCINAS
4 CREEK BRIDGE PROJECT NO. 3919.
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WHEREAS, the Carlsbad Planning Commission approved Carlsbad Coastal
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Development Permit Number 09-08 on August 19, 2009 for the Encinas Creek Bridge Project,
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hereafter the "Project;" and
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WHEREAS, portions of the Project lie within the jurisdiction of the California Coastal
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Commission, hereafter the "Commission," requiring a Coastal Development Permit from said
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Commission; and
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WHEREAS, said Commission approved Coastal Development Permit Number 6-09-051
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with Addendum, hereafter the "permit," on November 5, 2009; and
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WHEREAS, the aforementioned Commission permit contains seven Special Conditions;14
and15
WHEREAS, Special Condition Number 7 requires an agreement by the City to the16
provisions stated therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,18
California, as follows:
1. That the above recitations are true and correct.
„. 2. That the City Council of the City of Carlsbad, hereafter the "City," does hereby
22 accept Coastal Development Permit Number 6-09-051 with Addendum issued by the California
23 Coastal Commission on November 5, 2009.
24 3. That in accordance with Special Condition Number 7 - A of said permit, the City
PC does hereby acknowledge and agree (i) the site may be subject to hazards from storm waves,
26 flooding, and erosion; (ii) the City does hereby agree to assume the risks to the City and the
27 property that is the subject of said permit from the Commission for injury and damage from such
2Q hazards in connection with this permitted development; (iii) the City does hereby unconditionally
1 waive any claim of damage or liability against the Commission, its officers, agents, and employees
2 for injury or damage from such hazards; and (iv) the City does hereby indemnify and hold
3 harmless the Commission, its officers, agents, and employees with respect to the Commission's
4 approval of the project against any and all liability, claims, demands, damages, costs (including
5 costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement
6 arising from any injury or damage due to such hazards.
7 4. That in accordance with Special Condition 7 - B of said permit, prior to the
8 conveyance of the property that is the subject of said permit, the City shall execute and record a
9 deed restriction, in a form and content acceptable to the Commission's Executive Director: (i)
10 indicating that, pursuant to said permit, the Commission has authorized development on the
11 subject property, subject to terms and conditions that restrict the use and enjoyment of said
12 property (hereafter referred to as the "Standard and Special Conditions" of said permit), and (ii)
13 imposing all Standard and Special Conditions of said permit as covenants, conditions, and
14 restrictions on the use and enjoyment of the property. The restriction shall include a legal
15 description of the City's entire parcel or parcels for which said permit has been granted by the
'° Commission. It shall also indicate that, in the event of an extinguishment or termination of the
'' deed restriction for any reason, the Standard and Special Conditions of said permit shall continue
A Q to restrict the use and enjoyment of the subject property so long as either said permit or the
19 development it authorizes, or any part, modification, or amendment thereof, shall remain in
20 existence on or with respect to the subject property.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 1st day of December, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
L0RRAI(NEi M. WG&D, City Clerk
(SEAL) ^