HomeMy WebLinkAbout2006-01-04; Planning Commission; Resolution 60111
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PLANNING COMMISSION RESOLUTION NO. 6011
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT FOR THE REPAIR OF
EROSION DAMAGE ALONG SAN MARCOS CREEK ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL AND NORTH OF LA COSTA AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: SAN MARCOS CREEK EROSION REPAIR
CASE NO: SUP 05-10
WHEREAS, KSL La Costa Resort Company LLC, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
A Parcel of land being a portion of Lot 14, Section 35,
Township 12 South, Range 4 West, San Bernardino Meridian
in the City of Carlsbad, in the County of San Diego, State of
California, according to the official plat
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain
Special Use Permit as shown on Exhibit “A” dated January 4, 2006, on file in the Planning
Department SUP 05-10 - SAN MARCOS CREEK EROSION REPAIR, as provided by
Chapter 2 1.1 10 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 4th day of January, 2006 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 Floodplain Special Use Permit.
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.
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B) That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
APPROVES SUP 05-10 - SAN MARCOS CREEK EROSION REPAIR,
FindinPs:
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The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the erosion repair project does not increase the flood elevation of
the creek.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the project will reduce the amount of
erosion and prevent further transport of sediments and siltation downstream.
The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100- year fkequency in that the project does not change the channel carrying
capacity of the creek.
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 in that the project does not change the channel characteristics which
would cause an increase in the flood elevation.
All other required state and federal permits have been obtained.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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 modi@ 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; record a notice of violation on the
property title; 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.
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.
PC RES0 NO. 601 1 -2-
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3.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of grading permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Special Use Permit, (b) City’s
approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City’s approval is not validated.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Approval is granted for SUP 05-10 as shown on Exhibit “A,” dated January 4,2006, on
file in the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
Code Reminders
8. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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.
PC RES0 NO. 601 1 -3-
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 4th day of January 2006 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: 1 JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON kx NEU
Assistant Planning Director
PC RES0 NO. 601 1 -4-