HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55401
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PLANNING COMMISSION RESOLUTION NO. 5540
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT - FLOODPLAIN’ TO ALLOW
GRADING WITHIN THE 100-YEAR FLOODPLAIN TO
ACCOMMODATE THE EXPANSION OF THE OLNENHAIN
MUNICIPAL WATER DISTRICT HEADQUARTERS AND
OPERATIONS YARD ON PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF OLIVENHAIN
ROAD AND RANCHO SANTA FE ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: OMWD CAMPUS PLAN
CASE NO: SUP 03-01
WHEREAS, Olivenhain Municipal Water District, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Portion of Lots 10 and 13 of the Subdivision of Rancho Las
Encinitas, according to Map No. 848, filed in the Office of the
County Recorder of the County of San Diego on June 27,1898,
in the City of Carlsbad, County of San Diego, State of
California
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit [Amendment] as shown on Exhibits “A” - “KK” dated January 7, 2004, on file in the
Planning Department OMWD CAMPUS PLAN - SUP 03-01, as provided by Chapter 21.1 10 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 7th day of January, 2004 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES OMWD CAMPUS PLAN - SUP 03-01, based on the following
findings and subject to the following conditions:
FindinPs:
1. The site is reasonably safe from flooding.
2. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure.
3. The proposed project does not create a hazard for adjacent or upstream properties or
structures.
4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures.
5. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100- year frequency.
6. The proposed project taken together with all the other known, proposed and anticipated
projects will not increase the water surface elevation of the base flood more than one foot
at any point.
7. All other required state and federal permits have been obtained.
Conditions:
1. 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 fi-om this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of SP 196(A), CUP 02-01, and SDP 02-
01 and is subject to all conditions contained in Planning Commission Resolutions No.
5537,5538, and 5539 for those other approvals incorporated herein by reference.
En Pineering
3. Prior to issuance of a Grading Permit, Developer shall apply for and receive approval of a
Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management
Agency (FEMA) related to the proposed encroachments within the floodplain. Proof of
CLOMR approval shall be provided to the satisfaction of the City Engineer.
4. Once construction of the project is completed and before final occupancy permits issued,
Developer shall submit, process and receive approval of a Letter of Map Revision
PC RES0 NO. 5540 -2-
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(LOMR ) to document, with FEMA, the work has been accomplished. Proof of LOMR
approval shall be provided to the satisfaction of the City Engineer.
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
“ feedex ac t ions. ”
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.
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.
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PC RES0 NO. 5540 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of January 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez,
Heineman, Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
J. 5 'I - MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmMILmR
Planning Director
PC RES0 NO. 5540 -4-