HomeMy WebLinkAbout2006-09-20; Planning Commission; Resolution 61121 PLANNING COMMISSION RESOLUTION NO. 6112
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT ON PROPERTY
4 GENERALLY LOCATED EAST AND WEST OF THE
, INTERSECTION OF COLLEGE BOULEVARD AND CANNON
ROAD, AND EAST AND WEST OF CANNON ROAD IN
6 LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH EAST VILLAGE
7 MASTER TENTATIVE MAP
CASE NO: SUP 02-058
9 WHEREAS, Calavera Hills II, LLC, "Owner," has filed a verified application
10 with the City of Carlsbad regarding property described as
Those portions of Lots D and E of Rancho Agua Hedionda, in
^2 the City of Carlsbad, County of San Diego, State of California.
According to Map thereof No. 823, filed in the Office of the
13 County Recorder of San Diego County, November 16, 1896,
described as follows:
14 Parcel 1:
Parcel 1 on Certificate of Compliance recorded November 28,
16 2001, as File No. 2001-0865064 of Official Records.
Parcel 2:17
The remainder parcel of Carlsbad Minor Subdivision 02-10 as
18 shown on Parcel Map No. 19804 recorded August 3, 2005, as
File No. 2005-0659805 of Official Records.19
20 WHEREAS, said verified application constitutes a request for a Floodplain
21 Special Use Permit as shown on Exhibits "A" - "KK" dated May 31, 2006, on file in the
22 Planning Department, ROBERTSON RANCH EAST VILLAGE MASTER TENTATIVE
23
MAP - SUP 02-05, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and
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25 WHEREAS, the Planning Commission did on the 31st day of May, 2006, hold a
26 duly noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, after hearing the staff presentation for the Robertson Ranch
28 Master Plan and public testimony on the project, the Planning Commission did continue
the public hearing to June 21,2006; and
WHEREAS, after hearing the additional staff presentation for the Robertson
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Ranch Master Plan and public testimony on the project, the Planning Commission did
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continue the public hearing to a date uncertain; and
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5 WHEREAS, the Planning Commission did on the 20th day of September,
6 2006, hold a duly noticed public hearing on the continued Robertson Ranch Master Plan
7 project; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Floodplain Special Use Permit.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
16 APPROVES ROBERTSON RANCH EAST VILLAGE MASTER
TENTATIVE MAP - SUP 02-05, based on the following findings and subject to
17 the following conditions.
18 Findings;
19 1. The site is reasonably safe from flooding in that the 100-year high water surface
20 elevation will not be located within areas proposed for development.
21 2. 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 floodplain.
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3. The proposed project does not create a hazard for adjacent or upstream properties or
24 structures in that the project will not raise the level of the 100-year floodplain and will
not adversely affect the existing floodplain limits.
£3
2ft 4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the project will not raise the level of the
27 100-year floodplain and a LOMR will be required to be processed through FEMA
once the improvements are complete.
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5. The proposed project does not reduce the ability of the site to pass or handle a base flood
2 of 100- year frequency.
3 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
4 at any point.
7. All other required state and federal permits have been or will be obtained prior to
6 commencement of construction.
7 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
9 the final map or issuance of grading permit, whichever occurs first.
10 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
1 implemented and maintained according to their terms, the City shall have the right to
12 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
13 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
14 vested rights are gained by Developer or a successor in interest by the City's approval of
this Special Use Permit.
16 2. 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
17 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.
19 3. This approval is granted subject to the certification, adoption, and approval of the
20 Program Environmental Impact Report and Mitigation Monitoring and Reporting
Program (EIR 03-03), MP 02-03, GPA 02-04, LFMP 14(B), HMP 06-04, CT 02-16,
21 and HDP 02-07 and is subject to all conditions contained in Planning Commission
22 Resolutions No. 6105, 6106, 6107, 6108, 6109, 6110, and 6111 for those other approvals
incorporated herein by reference.
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Engineering:
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Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed Tentative Map CT 02-16, must be met prior to approval of a Final Map,
26 building or grading permit, whichever occurs first.
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PCRESONO. 6112 -3-
1 East Village
2 4. Developer shall construct an 84-inch RCP storm drain in accordance with the
3 Hydraulic Study prepared by Chang Consultants, dated February 20, 2006, all to
the satisfaction of the City Engineer.
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r 5. Developer shall grade the project as shown on the approved Tentative Map and
ensure the developable areas within this Tentative Map are raised out of flood-
6 prone areas per FEMA regulations.
6. Prior to issuance of grading permits, Developer shall submit the necessary technical
studies and documentation to the City Engineer to process the necessary
applications with FEMA (CLOMR) to adjust regulatory floodplain limits that
9 currently encumber the subdivision as shown on the Tentative Map.
10 7. Prior to release of grading security and prior to Occupancy of Buildings, Developer
shall process and receive approval of the necessary application(s) with FEMA
(LOMR) to complete the adjustment of regulatory floodplain limits as shown on the
Tentative Map.
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14 NOTICE
15 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
16 "fees/exactions."
17 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
I g 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
19 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.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 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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PASSED,
Commission of the City
the following vote, to wit
AYES:
NOES:
ABSENT:
APPROVED, AND ADOPTED at a regular meeting of the planning
of Carlsbad, California, held on the 20th day of September, 2006, by
Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
ABSTAIN: -I ^r
f|Q v^p J^
MARTELL B. MONTCOMERYpftairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
<&L>lL<
DON NEU
Assistant Planning Director
PCRESONO. 6112 -5-