HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68341 PLANNING COMMISSION RESOLUTION NO. 6834
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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)
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dated October 19, 2011, on file in the Planning Department, DOS COLINAS - SUP 09-02, as
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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
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relating to the Floodplain Special Use Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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- 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:
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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.
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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
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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.
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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:
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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:
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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
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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.
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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.
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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.
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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.
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Engineering:
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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."
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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.
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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.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on October 19, 2011 by the following vote,
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to wit:4
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Schumacher, Scully and Siekmann
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NOES:
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ABSENT:o
9 ABSTAIN:
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j2 STEPHEN6*™?" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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16 DONNEU
Planning Director
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