Loading...
HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68341 PLANNING COMMISSION RESOLUTION NO. 6834 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT 4 DRAINAGE IMPROVEMENTS, AN EMERGENCY ACCESS 5 ROAD, RV STORAGE LOT AND GRADING TO SUPPORT THE NORTHERN CLUSTER OF COTTAGES AND AN 6 INDEPENDENT LIVING UNIT BUILDING OF A PROPOSED 305-UNIT CONTINUING CARE RETIREMENT COMMUNITY, 7 ON A 46-ACRE PROPERTY GENERALLY LOCATED NORTH OF SUNNY CREEK ROAD, SOUTH OF CANNON ROAD, 8 EAST OF EL CAMINO REAL AND WEST OF THE FUTURE 9 EXTENSION OF COLLEGE BOULEVARD REACH "A" IN LOCAL FACILITIES MANAGEMENT ZONE 15. 10 CASE NAME: DOS COLINAS CASE NO: SUP 09-0211 12 WHEREAS, West Living R/E, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "B" of Rancho Agua Hedionda in the County of San Diego, State of California, According to Map thereof No. 823, filed in the Office of the County Recorder of 15 San Diego County, November 16,1896 17 ("the Property"); and 1° WHEREAS, said verified application constitutes a request for a Floodplain 19 Special Use Permit Amendment as shown on Exhibits "A" - "S" (Minor Subdivision Plans) 20 dated October 19, 2011, on file in the Planning Department, DOS COLINAS - SUP 09-02, as 21 provided by Chapter 21.110 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Floodplain Special Use Permit. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES DOS COLINAS - SUP 09-02, based on the following findings and 6 subject to the following conditions: 7 Findings: Q 1. The site is reasonable safe from flooding in that pursuant to the Hydraulic Analysis 9 prepared for the project (Lyle Engineering, Inc., May, 2010), the proposed project is designed to raise the pad elevations associated with the development of the RV 10 storage area, emergency access road, as well as a small portion of the north cluster of cottages and an independent living (IL) unit building, a minimum of two feet above the base flood elevation. In addition, a number of detention basins as well as 12 an offsite storm drain are proposed to channelize the floodwater. Therefore, the site will be reasonably safe from flooding. 13 2. The project as proposed has been designed to minimize the flood hazard to the habitable 14 portions of the structure in that the habitable portions of the project currently located in the floodplain, specifically the northern cluster of cottages and an IL building, will be raised a minimum of two feet above the base flood elevation. As a result, the 16 proposed structures will not be located in the floodplain. 17 3. The proposed project does not create a hazard for adjacent or upstream properties or structures in that a series of detention and hydromodification basins are proposed on- site which offset the floodplain volume lost by filling in the floodplain. In addition, 19 the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept at pre-development 20 conditions. 21 4. The proposed project does not create any additional hazard or cause adverse impacts to ~~ downstream properties or structures in that a series of detention and hydromodification basins are proposed on-site which offset the floodplain volume lost by filling in the 23 floodplain. In addition, the proposed hydromodification basins are sized to allow for increased percolation to ensure that runoff from smaller storm events are kept 24 at pre-development conditions. 25 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 26 of 100-year frequency in that the proposed detention basins and offsite storm drain ensure that the project will not reduce the ability of the site to handle a 100-year 27 flood. 28 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 PC RESO NO. 6834 -2- at any point in that pursuant to the Hydraulic Analysis prepared for the project (Lyle 2 Engineering, Inc., May, 2010), the proposed project will not increase the water surface elevation of the base flood more than one foot at any point. 3 7. All other required state and federal permits have been or will be obtained prior to commencement of construction. 8. The Planning Commission of the City of Carlsbad does hereby find: 6 a. it has reviewed, analyzed and considered the Final Environmental Impact Report, 7 EIR 09-01, for DOS COLIN AS and the environmental impacts therein identified for this project; the CEQA Findings; and the Mitigation Monitoring and Reporting 8 Program prior to RECOMMENDING APPROVAL of EIR 09-01; 9 b. the Final Environmental Impact Report, the CEQA Findings, and the Program 10 have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of 11 the City of Carlsbad; 12 c. they reflect the independent judgment of the Planning Commission of the City of 13 Carlsbad; and 14 d. based on Final EIR 09-01 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 17 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 18 degree of the exaction is in rough proportionality to the impact caused by the project. 19 Conditions: 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 21 the final map or issuance of a grading permit, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be j-> 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 24 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 25 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 27 or a successor in interest by the City's approval of this Special Use Permit. 28 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 PC RESO NO. 6834 -3- internally consistent and in conformity with final action on the project. Development 2 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 4 regulations in effect at the time of grading permit issuance. 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 challenged, this approval shall be suspended as provided in Government Code Section 7 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. 9 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 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 nondiscretionary, in 13 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 14 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. 16 6. This approval is granted subject to the certification, adoption, and approval of the 17 Environmental Impact Report EIR 09-01, Mitigation Monitoring and Reporting Program, GPA 09-02, ZC 09-02, LFMP 15(E), RMHP 96-01(D), SDP 09-02, HMP 09-02, and SUP 09-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6833 and 6834 for those other approvals incorporated herein by reference and the approval letter for MS 09-04 signed 20 by the City of Carlsbad City Engineer. 21 7. Developer shall implement, or cause the implementation of the DOS COLIN AS EIR 09- 01 Mitigation Monitoring and Reporting Program. 23 8. This approval shall become null and void if building permits are not issued for this project within eight (8) years of project approval. 24 9. The filling in the floodplain associated with the non-essential infrastructure development for the Dos Colinas project (1.05 acres) shall be offset by the creation 2 s of additional floodplain area at a location to the satisfaction of the Planning Director. Said location shall be designated on the grading plans and shall be created 27 prior to the issuance of the building permits for the professional care facility (any component) associated with CUP 09-02, Planning Commission Resolution No. 6830. 28 PC RESO NO. 6834 -4- 10. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 2 of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 3 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Environmental Impact Report, General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, Residential Mobile c Home Park Permit Amendment, Site Development Plan, Conditional Use Permit, Hillside Development Permit, Habitat Management Plan Permit and Special Use 6 Permit by Resolutions No. 6825, 6826, 6827, 6828, 6829, 6830, 6831, 6832, 6833 and 6834 on the property. Said Notice of Restriction shall note the property description, 7 location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 9 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10 Engineering: 11 11. Prior to issuance of a Grading Permit, Developer shall apply for and receive 12 approval of a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) related to the proposed project encroachments within the existing regulatory floodplain. Proof of CLOMR 14 approval shall be provided to the satisfaction of the city engineer. 15 12. Upon completion of project grading and prior to final occupancy for this development, Developer shall submit, process and receive approval of a Letter of 16 Map Revision (LOMR) to document, with FEMA, the work has been accomplished. « 7 Proof of LOMR approval shall be provided to the satisfaction of the city engineer. 18 NOTICE 19 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 20 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 21 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 2-3 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 24 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 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, 27 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 28 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6834 -5- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 2 Commission of the City of Carlsbad, California, held on October 19, 2011 by the following vote, 3 to wit:4 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, Scully and Siekmann 6 NOES: 7 ABSENT:o 9 ABSTAIN: 10 11 j2 STEPHEN6*™?" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14 " 15 16 DONNEU Planning Director 17" 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6834 -6-