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Home My WebLink About2007-06-06; Planning Commission; Resolution 63091 PLANNING COMMISSION RESOLUTION NO. 6309 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT FOR THE REPAIR OF 4 EROSION DAMAGE ALONG SAN MARCOS CREEK 5 LOCATED EAST OF EL CAMINO REAL AND NORTH OF LA COSTA AVENUE WITHIN LOCAL FACILITIES 6 MANAGEMENT ZONE 6. CASE NAME: SAN MARCOS CREEK EROSION REPAIR 7 CASE NO: SUP 06-07 . 8 WHEREAS, W2007 La Costa Resort Co. LLC, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 A Parcel of land being a portion of Lot 14, Section 35, 11 Township 12 South, Range 4 West, San Bernardino Meridian 12 in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a, Floodplain 16 Special Use Permit as shown on Exhibits "A" - "D" dated June 6, 2007, on file in the Planning 17 Department, SAN MARCOS CREEK EROSION REPAIR - SUP 06-07, as provided by 18 Chapter 21.110 of the Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did on the 6th day of June, 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 SAN MARCOS CREEK EROSION REAPIR - SUP 06-07, based on the following findings and subject to the following conditions: 3 Findings;4 c 1. 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 6 the creek. 7 2. 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. 9 3. The proposed project does not reduce the ability of the site to pass or handle a base flood 10 of 100- year frequency in that the project does not change the channel carrying capacity of the creek. 12 4. 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 13 at any point in that the project does not change the channel characteristics which would cause an increase in the flood elevation. 14 . 5 5. All other required state and federal permits have been obtained. 16 6. 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 17 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.18 19 Conditions: 20 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 21 implemented and maintained according to their terms, the City shall have the right to 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 23 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 24 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. 25 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 27 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development 28 different from this approval, shall require an amendment to this approval. PC RESO NO. 6309 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of grading permit issuance. 3 4. 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 4 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. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 8 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 11 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. 14 6. This approval shall become null and void if grading permits and/or building permits are not issued for this project within 24 months from the date of project approval. 15 7. Approval is granted for SUP 06-07 as shown on Exhibit "A - D" dated June 6,2007, on 16 file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 8. This approval is granted subject to the approval of the Mitigated Negative Declaration and is subject to all conditions contained in Planning Commission Resolution No. 6308 19 for the other approval incorporated herein by reference. 20 9. Developer shall implement, or cause the implementation of, the SAN MARCOS CREEK EROSION REPAIR - SUP 06-07 Project Mitigation Monitoring and Reporting Program. 22 Code Reminders 23 10. Approval of this request shall not excuse compliance with all applicable sections of the 24 Zoning Ordinance and all other applicable City ordinances in effect at time of grading and/or building permit issuance, except as otherwise specifically provided herein. 26 27 28 PC RESO NO. 6309 -3- 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 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 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 6th day of June, 2007 by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Montgomery, and Whitton NOES: ABSENT: Commissioner Dominguez and Douglas ABSTAIN: JULIE B CARLSB ATTEST: Ou. RAChairperson ANNING COMMISSION DONNEU Planning Director PC RESO NO. 6309 -4-