HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63801 PLANNING COMMISSION RESOLUTION NO. 6380
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO ALLOW
4 DREDGING AND IMPROVEMENTS FOR ENCHANCED
. FLOOD CONTROL ON PORTIONS OF CALAVERA AND
AGUA HEDIONDA CREEKS ON PROPERTY GENERALLY
6 LOCATED AT AND NEAR THE INTERSECTION OF EL
CAMINO REAL AND CANNON ROAD AND IN A PORTION
7 OF RANCHO CARLSBAD IN LOCAL FACILITIES
MANAGEMENT ZONES 8, 14, 1 5, AND 24.
8 CASE NAME: AGUA HEDIONDA AND CALAVERA CREEKS
9 CASE NO: SUP 06-02
10 WHEREAS, City of Carlsbad, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by Carlsbad Canterbury Association, Evans
12 Point Homeowners Association, Calavera Hills II LLC, and the multiple owners of the
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Rancho Carlsbad residential community, "Owners," with easements granted or dedicated to
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the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and
16 described as
1 7 A portion of Lot 148 of City of Carlsbad Tract No 96-07, Kelly
Ranch Village E, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13715, as
filed in the Office of the County Recorder of San Diego County
on December 31, 1998; a portion of Lot 195 of City of Carlsbad
20 Tract No. 91-3, Evans Point, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
21 13189, as filed in the Office of the County Recorder of San
Diego County on February 10, 1995; a portion of Parcel 1 of
City of Carlsbad Minor Subdivision 96-08 in the City of
23 Carlsbad County of San Diego, State of California, according
to Parcel Map 17985, as filed in the Office of the County
24 Recorder of San Diego County on February 4, 1998, and;
Parcel 2 and a portion of the remainder parcel of City of
Carlsbad Minor Subdivision 92-01, Robertson Ranch, in the
26 City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 19804, as filed in the Office of the
27 County Recorder of San Diego County on August 3, 2005
28 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Floodplain
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Special Use Permit [Amendment] as shown on Exhibits "A" - "H" dated January 16, 2008, on
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file in the Planning Department, AGUA HEDIONDA AND CALAVERA CREEKS - SUP 06-4
5 02, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and
6 WHEREAS, the Planning Commission did on January 16, 2008, 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
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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 AGUA HEDIONDA AND CALAVERA CREEKS - SUP 06-02,
based on the following findings and subject to the following conditions:
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Findings:18
19 1. The site is reasonably safe from flooding in that while the project proposes
construction in a floodplain, construction is temporary and designed to enhance
20 flood protection of existing creeks, thereby increasing the safety from flooding of the
Rancho Carlsbad residential community.
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22 2. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that while no habitable structures are proposed, the project
23 would result in removing all but nine of the current 278 Rancho Carlsbad homes
from being subject to inundation during a 100-year storm event.
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3. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the proposed project would remove nearly 270 homes in the Rancho
25 Carlsbad residential community from the threat of flooding during a 100-year storm
event.
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4. The proposed project does not create any additional hazard or cause adverse impacts to
2 downstream properties or structures in that immediately below the project, Agua
Hedionda Creek opens to a wide undeveloped floodplain that extends to Agua
3 Hedionda Lagoon.
4 5. The proposed project does not reduce the ability of the site to pass or handle a base flood
5 of 100-year frequency in that the project would increase the ability of Agua Hedionda
and Calavera creeks to pass floodwaters of such frequency.
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6. The proposed project taken together with all the other known, proposed, and anticipated
7 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the proposed project will dredge and improve Agua Hedionda
and Calavera creeks, thereby lowering and widening the creeks and increasing their
9 floodwater capacity.
10 7. All other required state and federal permits have been or will be obtained prior to
issuance of permits for grading, dredging or construction of the project.
12 Conditions:
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or start of construction, whichever occurs first.
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1, 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
16 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
17 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
j 9 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.
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2. Staff is authorized and directed to make, or require Developer to make, all corrections
21 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,
23 different from this approval, shall require an amendment to this approval.
24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
&*<J
26 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
27 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
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 6380 -3-
This approval is granted subject to the certification, adoption, and approval of the
2 Environmental Impact Report (EIR 04-02) and Mitigation Monitoring and Reporting
Program, CDP 06-04 and HMPP 06-03, and is subject to all conditions contained in
3 Planning Commission Resolutions No. 6376, 6379, and 6381 for those other approvals
incorporated herein by reference.4
6. Developer shall implement, or cause the implementation of, the EIR 04-02 Project
Mitigation Monitoring and Reporting Program.
7. 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
„ 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
9 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 nondiscretionary, in
10 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
12 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.
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8. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 8, 14, 15, and 24 Local Facilities Management Plans and any
19 amendments made to those Plans prior to the issuance of grading permits.
20 11. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
22 12. Long term maintenance of the project portions of Agua Hedionda and Calavera
23 creeks is approved and shall occur according to the (1) "Monitoring and
Maintenance Plan for Agua Hedionda and Calavera Creeks Dredging and
24 Improvements Project" contained in Appendix B of the Final EIR 04-02; (2) the
Mitigation Monitoring and Reporting Program; and (3) these conditions of
approval.
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13. This approval shall become null and void if grading permits are not issued or construction
27 is not started for this project within 24 months from the date of project approval.
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Engineering
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14. Developer shall dredge and construct improvements in the Agua Hedionda and
3 Calavera Creek channels per the approved Site Plan to restore channel capacities
and remove adjacent properties from flood hazard areas per FEMA regulations to
the satisfaction of the City Engineer.
15. Prior to issuance of grading permits or start of construction, Developer shall submit the
necessary technical studies and documentation to the City Engineer to process a
Conditional Letter of Map Revision (CLOMR) through FEMA to adjust regulatory
floodplain limits.
16. At the conclusion of the project, Developer shall process and receive approval of a Letter
of Map Revision (LOMR) from FEMA to finalize adjustment of the regulatory floodplain
limits.
17. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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18. Prior to the start of construction activities, Developer shall obtain receipt of a Notice of
Intention from the State Water Resources Control Board.
19. Developer shall comply with the City's requirements of the National Pollutant Discharge
15 Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP).
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20. Prior to start of construction activities, Developer shall prepare a "Storm Water Pollution
17 Prevention Plan (SWPPP)" in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
19 to the maximum extent practicable storm water pollutant runoff during construction of
the project.
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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 January 16, 2008 by the following
vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
Montgomery, and Whitton
JULIE
CARL
ATTEST:
ABSENT: Commissioner Cardosa
ABSTAIN:
, Chairperson
LANNING COMMISSION
DON NEU
Planning Director
PC RESO NO. 6380 -6-