HomeMy WebLinkAbout2012-02-15; Planning Commission; Resolution 68645
^ PLANNING COMMISSION RESOLUTION NO. 6864
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING OF A
FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT
4 BOTH ON-SITE AND OFF-SITE SEWER AND DRAINAGE
IMPROVEMENTS AND ALSO A DECOMPOSED GRANITE
MAINTENANCE ACCESS ROAD/PEDESTRLAN TRAIL ON
5 PROPERTY GENERALLY LOCATED APPROXIMATELY
ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF
7 COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE
SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL
FACILITIES MANAGEMENT ZONE 15.
9 CASE NAME: RANCHO MILAGRO
CASE NO: SUP 06-05
10 "
11
12 the City of Carlsbad regarding property owned by LyaU Enterprises, Inc., "Owner," described
13 as:
14 Remainder Parcel "A" of Carlsbad Tract 96-02 15
WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with
"K" Street Remainder Parcels ofCarlsbad Tract 00-18
according to map thereof No. 11242, fUed in the office of
the County Recorder of San Diego County on October
15 27, 2000 aU in the City of Carlsbad, County of San
Diego, State of California, and
17 "
18
19 ("the Property"); and
20 WHEREAS, said verified applicafion consfitutes a request for a Floodplain
21 Special Use Permit as shown on Exhibits "A" - "Y" dated February 15, 2012, on file in the
22
Planning Division, RANCHO MILAGRO - SUP 06-05, as provided by Chapter 21.110 of the
23
Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did on February 15, 2012, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Floodplain Special Use Permit.
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning
2
7
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are tme and correct.
c B) That based on the evidence presented at the public hearing, the Commission
APPROVES RANCHO MILAGRO - SUP 06-05, based on the following
6 findings and subject to the following conditions:
Findings:
1. The site is reasonable safe from flooding in that the proposed sewer and drainage
improvements, which are subterranean; and the proposed decomposed granite
9 maintenance access road/pedestrian trail, which are at grade and foUow the existing
topography; are adequately flood-proofed; will not cause any obstructions and/or
10 alteration to the existing flood course; and will not adversely affect the public
^ ^ health, safety, or general welfare.
j2 2. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the stmcture in that there are no habitable structures proposed within the
13 100-year flood plain.
14 3. The proposed project does not create a hazard for adjacent or upstream properties or
I ^ stmctures in that the proposed sewer and drainage improvements are subterranean,
while the proposed decomposed granite maintenance access road/pedestrian trail
16 are at grade and follow the existing topography.
17 4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or stmctures in that the proposed sewer and drainage
improvements are subterranean, whUe the proposed decomposed granite
19 maintenance access road/pedestrian traU are at grade and follow the existing
topography.
20
5. The proposed project does not reduce the ability of the site to pass or handle a base flood
21 of 100-year frequency.
22
6. The proposed project taken together with all the other known, proposed, and anticipated
23 projects will not increase the water surface elevation of the base flood more than one foot
at any point.
24 •
25
26
27
28
7. All other required state and federal permits have been or will be obtained prior to
commencement of construction.
8. The Planning Coimnission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for RANCHO
MILAGRO -- GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP
PC RESO NO. 6864 -2-
^ 09-01, the environmental impacts therein identified for this project and said
2 comments thereon, and the Program, on file in the Planning Division, prior to
RECOMMENDING APPROVAL ofthe project; and
3
4
5
6
7
10
11
13
14
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements of the
Califomia Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part II and comments thereon, the Planning Commission, finds that
9 there is no substanfial evidence the project will have a significant effect on the
environment.
9. The Planning Commission has reviewed each of the exacfions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
j2 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.
Conditions:
1^ Note: Unless otherwise specified herein, all condifions shall be safisfied prior to the approval
of the final map or issuance of grading permits, whichever occurs flrst.
16
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
17 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
revoke or modify all approvals herein granted; deny or further condition issuance of all
19 future building permits; deny, revoke, or further condifion all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
20 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
or a successor in interest by the City's approval of this Special Use Permit.
22
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
23 and modifications to the Special Use Permit documents, as necessary to make them
intemally consistent and in conformity with the final acfion on the project. Development
24 shall occur substanfially as shown on the approved Exhibits. Any proposed development,
2^ different from this approval, shall require an amendment to this approval.
26 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.
27
4. If any condition for constmction 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 Govemment Code Section
PC RESO NO. 6864 -3-
^ 66020. If any such condition is determined to be invalid, this approval shall be invalid
2 unless the City Council determines that the project without the condition complies with
all requirements of law.
3
5. Developer shall implement, or cause the implementation of, the Rancho MUagro Project
4 Mitigation Monitoring and Reporting Program and Addendum.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representafives, from and against any and all liabilities, losses, damages, demands, claims
7 and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectiy, 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
9 coimecfion with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
10 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligafion survives unfil all legal proceedings have been
^ ^ concluded and continues even if the City's approval is not validated.
12
7. This approval is granted subject to the approval of the Mitigated Negative Declaration
13 and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC
06-02, CT 06-04, HDP 06-01, and HMP 09-01 and is subject to all conditions contained
^4 in Planning Commission Resolufions No. 6860, 6861, 6862, 6863, 6865, and 6866 for
I ^ those other approvals incorporated herein by reference.
15 8. This approval shall become null and void if grading permits are not issued for this
project within 24 months from the date of project approval.
17
18
27
NOTICE
19 Please take NOTICE that approval of your project includes the "imposition" of fees, dedicafions,
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
22 you protest them, you must follow the protest procedure set forth in Govemment Code Section
66020(a), and file the protest and any other required information with the City Manager for
23 processing in accordance with Carlsbad Municipal Code Secfion 3.32.030. Failure to timely
2^ 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
26 DOES NOT APPLY to water and sewer cormection fees and capacity charges, nor plarming,
zoning, grading, or other similar application processing or service fees in connecfion with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
2g NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 6864 -4-
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, Califomia, held on February 15, 2012 by the following
vote, to wit:
^ AYES: Chairperson Schumacher, Conunissioners Amold, Black,
L'Heureux, Nygaard, Scully and Siekmarm
6 "
7
8
9
10
11
^ ^ MICHAEL SCHUMACHER, Chairperson
13 CARLSBAD PLANNING COMMISSION
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DON NEU
City Planner
PC RESO NO. 6864 -5-