HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62621 PLANNING COMMISSION RESOLUTION NO. 6262
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW
4 REMOVAL AND/OR MODIFICATION OF EXISTING
FACILITIES AND CONSTRUCTION OF NEW
IMPROVEMENTS FOR THE LEUCADIA WASTEWATER
6 DISTRICT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF LA COSTA AVENUE BETWEEN EL
7 CAMINO REAL AND VIEJO CASTILLO WAY IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
8 CASE NAME: LWD SITE IMPROVEMENT PROGRAM
9 CASE NO: SUP 05-09
10 WHEREAS, Leucadia Wastewater District, "Developer/Owner," has filed a
A portion of Lot 9, Map 8379, Carlsbad Tract No. 75-7
verified application with the City of Carlsbad regarding property described as
12
13
("the Property"); and
14
WHEREAS, said verified application constitutes a request for a Floodplain
15 Special Use Permit as shown on Exhibits "A" - "GG" dated March 7, 2007, on file in the
17 Planning Department, LWD SITE IMPROVEMENT PROGRAM - SUP 05-09, as provided
1 R by Chapter 2 1 . 1 1 0 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a
20
duly noticed public hearing as prescribed by law to consider said request; and
21
WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
24 relating to the Floodplain Special Use Permit.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission of the City of Carlsbad as follows:
27
A) That the foregoing recitations are true and correct.
28
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES SUP 05-09 - LWD SITE IMPROVEMENT PROGRAM, based
on the following findings and subject to the following conditions:
3
Findings:
(Flood only)
1. The site is reasonably safe from flooding in that even though this site is within the 100-
6 Year floodplain, everything which can be done to make the site reasonably safe from
flooding has been or will be done, including: a) the construction of a berm on the
7 northern edge of the property which is designed to contain 100-year flood waters, b)
the proposed project has been designed and conditioned to comply with the City's
Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal
9 Code), including the use of appropriate building materials and methods as
appropriate, and c) the applicant/developer has the capability to pump water off the
10 site if necessary.
2. The project as proposed has been designed to minimize the flood hazard to the habitable
19 portions of the structure in that the .project has been conditioned to utilize appropriate
building materials and methods as required by the City's Floodplain Management
13 Regulations (Chapter 21.110 of the Carlsbad Municipal Code) for those portions of
the proposed structures which would be below the 100-year flood elevation.
14
,<- 3. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the proposed project does not propose any change to the location of
16 the 100-Year Floodplain boundary on or off of the project site and does not propose
any grading changes or placement of structures which would increase the potential
17 for flooding on adjacent or upstream properties or structures.
18 4. The proposed project does not create any additional hazard or cause adverse impacts to
19 downstream properties or structures in that the proposed project site is below the grade
of surrounding properties and the project does not propose any change to the
20 location of the 100-Year Floodplain boundary on or off of the project site and does
not propose any grading changes or placement of structures which would increase
the potential for flooding on adjacent or downstream properties or structures.
22 5. The proposed project does not reduce the ability of the site to pass or handle a base flood
23 of 100-year frequency in that the Conditional Letter of Map Revision (CLOMR)
prepared for CT 97-09 dated January 7,1999, assures the continued flow of the base
24 flood through the project site. Additionally, the existing Leucadia Wastewater
District has the ability to pump storm waters from the site if necessary.
26 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
27 at any point in that the proposed and anticipated projects impose a minimal impact to
the floodplain area as established in the CLOMR prepared for CT 97-09.28
7. All other required state and federal permits have been obtained.
PC RESO NO. 6262 -2-
Conditions:
2 Staff is authorized and directed to make, or require Developer to make, all corrections
3 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
4 shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
f 2. This approval is granted subject to the approval of ZC 05-09 and PDF 05-01 and is
subject to all conditions contained in Planning Commission Resolutions No. 6260 and
7 6261 for those other approvals incorporated herein by reference.
8 Engineering
9 3. Developer is responsible to incorporate the necessary measures that are required to
ensure all new structures located within flood hazard areas comply with Section
21.110.160 of the Carlsbad Municipal Code and the latest Federal Emergency
Management Agency (FEMA) regulations including but not limited to:
12 a. Developer shall ensure all new construction is anchored to prevent flotation,
collapse or lateral movement of structures resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
b. Developer shall ensure all new structures are constructed with materials and
utility equipment resistant to flood damage. Developer shall utilize
construction methods and practices that minimize flood damage to
16 structures.
17 c. Developer shall ensure all new structures are constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from
, Q entering or accumulating within the components during conditions of
flooding.
20
d. Developer shall ensure all new structures that include fully enclosed areas,
21 subject to flooding, are designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following minimum
criteria:
24
Either a minimum of two (2) openings having a total net area of not
25 less than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided. The bottom of all openings shall
be no higher than one foot above finished grade; or
27
ii. Be certified to comply with a local flood-proofing standard approved
28 by the Federal Insurance Administration.
PC RESO NO. 6262 -3-
4. Developer shall ensure all new structures that include fully enclosed areas, subject
2 to flooding, are designed to automatically equalize hydrostatic flood forces on
exterior walls.
3
5. In lieu of complying with conditions 3 and 4, Developer may submit for and receive
4 approval of a Conditional Letter of (Flood) Map Revision (CLOMR) prior to
issuance of a grading permit. Developer shall then apply for and receive approval
for a Letter of (Flood) Map Revision (LOMR) after grading is completed.
6
NOTICE
7"
o 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
9 "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
12 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
13 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
15 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
16 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.
18
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6262 -4-
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
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of March, 2007 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
ER, Chairperson
PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6262 -5-