HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57561
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PLANNING COMMISSION RESOLUTION NO. 5756
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SITE ROADWAY, BRIDGE AND DRAINAGE
IMPROVEMENTS ON PROPERTY GENERALLY LOCATED
EAST OF THE COLLEGE BOULEVARDKANNON ROAD
INTERSECTION AND NORTH OF THE COLLEGE
BOULEVARD/SUNNY CREEK ROAD INTERSECTION IN
LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: CANTARINI RANCH
FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT OFF-
CASE NO: SUP 00-09
WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint
Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as
That portion of Lot “B” in Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County on November 16,1896,
described in a Grant Deed recorded July 9, 1962 as File/Page
No. 116406 of Official Records. Except therefrom that portion
thereof described in a Grant Deed recorded November 19,1965
as File/Page No. 210231 of Official Records. Also including
portions of Lot “D” and “E” of said Map No. 823, described in
a Grant Deed recorded September 7, 1995, as Doc. # 1995-
00100176 of Official Records. Also including a portion of Lot
“B” of said Map No. 823, described in a Grant Deed recorded
September 7,1995, as Doc. # 1995-0398027 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain
Special Use Permit as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the
Planning Department, CANTARINI RANCH - SUP 00-09, as provided by Chapter 2 1.1 10 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 20th day of October, 2004
hold a duly noticed public hearing as prescribed by law to consider said request; and
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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 Floodplain Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CANTARINI RANCH - SUP 00-09, based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
The site is reasonable safe from flooding in that the 100-year high water surface
elevation will be below the proposed bridge and the drainage improvements are part
of an overall plan to reduce peak flows that impact Rancho Carlsbad Mobile Home
Park.
The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that there are no habitable structures proposed within the
100-year flood plain.
The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the project will not significantly raise the level of the 100-year flood
plain and will not adversely affect the existing flood plain limits.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the project will not significantly raise the
level of the 100-year flood plain and a LOMR will be required to be processed
through FEMA once the bridge and drainage improvements are complete.
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 increase the water surface elevation of the base flood more than one foot
at any point.
All other required state and federal permits have been or will be obtained prior to
commencement of construction.
PC RES0 NO. 5756 -2-
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Conditions:
Note:
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2.
3.
Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of grading permit, whichever occurs first.
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 fin-ther 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 Special Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Special Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
This approval is granted subject to the certification, adoption and approval of the
Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and
Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, CT 00-18, SDP 01-10 and
HDP 00-09 and is subject to all conditions contained in Planning Commission
Resolutions No. 5749,5750,5751,5752, 5753,5754 and 5755 for those other approvals
incorporated herein by reference.
Engineering:
4. 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 College
Boulevard bridge encroachments within the floodplain. Proof of CLOMR approval
shall be provided to the satisfaction of the City Engineer.
5. Once construction of the College Boulevard bridge is completed and before final
occupancy permits issued, Developer shall submit, process and receive approval of a
Letter of Map Revision (LOMR) to document, with FEMA, the work has been
accomplished. Proof of LOMR approval shall be provided to the satisfaction of the
City Engineer.
6. Developer shall process and obtain approval from the Federal Emergency
Management Agency (FEMA) a Conditional Letter of Map Revision (CLOMR)
regarding the modifications to flood inundation limits associated with constructing
Basin ‘BJ’ just east of the intersection of College Blvd and Cannon Road.
PC RES0 NO. 5756 -3-
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7. Once construction of Basin ‘BJ’ is completed and before final occupancy permits
issued, Developer shall submit, process and receive approval of a Letter of Map
Revision (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
“fees/exactions. ”
You have 90 days from date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions 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. 5756 -4-
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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 20th day of October, 2004 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
*- . WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5756 -5-