HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50191
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PLANNING COMMISSION RESOLUTION NO. 5019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT FOR THE GRADING
AND IMPROVEMENTS ASSOCIATED WITH THE
DEVELOPMENT OF THE GREENS ON PROPERTY
GENERALLY LOCATED APPROXIMATELY 2,500 FEET
SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL
CAMINO REAL, NORTH OF ALGA ROAD, AND WEST OF
uNIcoRNIo STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA - THE GREENS
CASE NO: SUP 99-01
WHEREAS, Morrow Development, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Real Estate Collateral Management
Company, “Owner,” described as
See attachment “CT 99-03 - A”, attached to Planning
Commission Resolution No. 5016, hereby incorporated by
reference
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibit(s) “A” - “EEE”, “ UUUU”, and “YYYY” dated August 29,2001,
on file in the Planning Department VILLAGES OF LA COSTA - THE GREENS - SUP 99-
01, as provided by Chapter 21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 29th day of August, 2001 and
on the 5th day of September 2001 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 Special Use Permit;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES, VILLAGES OF LA COSTA - THE GREENS - SUP 99-01
based on the following findings and subject to the following conditions:
FindinPs:
1.
2.
3.
4.
5.
The proposed project does not create a hazard for the development or proposed
structures within the project.
The proposed project does not create a hazard for adjacent or upstream properties
or structures.
The proposed project does not create any additional hazard or cause adverse
impacts to downstream properties or structures.
The proposed project does not reduce the ability of the site to pass or handle a base flood of 100 year frequency.
The proposed project taken together with all the other known, proposed and anticipated projects will not raise the base flood elevation one foot or more.
Conditions:
1. If any of the following conditions fail to occur; or if there 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; 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 Floodplain Special Use Permit (SUP 99-01).
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q),
MP 98-01, LFMP 10, CT 99-03, HDP 99-01 and SUP 01-04 and is subject to all
conditions contained in the Planning Commission Resolutions for those other approvals.
PC RESO NO. 5019 -2-
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4.
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This approval shall become null and void if a final map is not recorded for at least one
phase of the project within 24 months fkom the date of project approval.
Prior to approval of a grading permit, the developer shall cause property owner to
execute and submit to the City Engineer for recordation the City’s standard form
Drainage Hold Harmless Agreement regarding drainage across the adjacent
property.
Prior to commencement of any grading within the loo-year floodplain, the
developer shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA
that represents the proposed grading and development.
Prior to issuance of a building permit for any unit within the loo-year floodplain,
the developer shall provide proof that a Letter of Map Revision (LOMR) request
has been submitted to FEMA.
Prior to occupancy of any unit within the loo-year floodplain, the developer shall
obtain a LOMR from FEMA that certifies the grading and development to removed
from the special flood hazard area. In the event a LOMR cannot be obtained, flood
insurance will be required for those structures located within or adjacent to the
floodplain.
Any mitigation or conditions of a LOMR or CLOMR shall become part of this
approval and shall be complied with prior to occupancy of any development
adjacent to or within the loo-year floodplain.
Prior to the issuance of the grading permit or approval of the final map, Developer
shall submit to the City a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Floodplain
Special Use Permit by Resolution No. 5019 on the real property owned by the
Developer. 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
Planning Director 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
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
PC RESO NO. 5019 -3-
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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 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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of September, 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MICHAEL J. HOLZMILkR
Planning Director
PC RESO NO. 5019 -4-