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HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50231 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 I PLANNING COMMISSION RESOLUTION NO. 5023 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 RIDGE & THE OAKS ON PROPERTY GENERALLY LOCATED NORTH AND EAST OF LA COSTA AVENUE, SOUTH OF ALGA ROAD, EAST OF EL FUERTE STREET, AND STRADDLING PORTIONS OF RANCH0 SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: VILLAGES OF LA COSTA - THE RIDGE & THE OAKS CASE NO: SUP 01-03 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 99-04 - A”, attached to Planning Commission Resolution No. 5020, hereby incorporated by reference (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibit(s) “FFF” - “XXXX” dated August 29,2001, on file in the Planning Department VILLAGES OF LA COSTA - THE RIDGE & THE OAKS - SUP 01-03, 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; 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission APPROVES, VILLAGES OF LA COSTA - THE RIDGE & THE OARS - SUP 01-03 based on the following findings and subject to the following conditions: FindinPs: 1. The proposed project does not create a hazard for the development or proposed structures within the project. 2. The proposed project does not create a hazard for adjacent or upstream properties or structures. 3. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. 4. The proposed project does not reduce the ability of the site to pass or handle a base flood of lOO- year frequency. 5. 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 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; 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 01-03). 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 11, CT 99-04, and HDP 99-02 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. PC RESO NO. 5023 -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. 6. 7. 8. 9. 10. 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 from 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 be 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) Special Use Permit by Resolution No. 5023 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 5023 -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 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: NOES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas ABSENT: ABSTAIN: a CARLSBdD PLANNING COMMISSION ATTEST: MICHAEL J. HwZM&ER Planning Director PC RESO NO. 5023 -4-