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HomeMy WebLinkAbout2013-04-03; Planning Commission; Resolution 6952 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT AMENDMENT TO ALLOW DREDGING AND IMPROVEMENTS FOR ENHANCED FLOOD CONTROL ON PROPERTY GENERALLY LOCATED AT AND NEAR THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD AND IN A PORTION OF RANCHO CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONES 8, 14, 15, AND 24. CASE NAME: AGUA HEDIONDA & CALAVERA CREEKS CASE NO: SUP 06-04x1(A) WHEREAS, City of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Canterbury Association, Evans Point Homeowners Association, Calavera Hills II LLC, and the multiple owners of the Rancho Carlsbad residential community, “Owners,” with easements granted or dedicated to the City of Carlsbad for road, drainage, open space, sewer, and maintenance purposes and described as 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 Tract No. 91-3, Evans Point, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 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 Carlsbad County of San Diego, State of California, according to Parcel Map 17985, as filed in the Office of the County 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 City of Carlsbad, County of San Diego, State of California, according to map thereof No. 19804, as filed in the Office of the County Recorder of San Diego County on August 3, 2005 ("the Property”); and PLANNING COMMISSION RESOLUTION NO. 6952 PC RESO NO. 6952 -2- 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 WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit Amendment as shown on Exhibits “A” – “Z” dated April 3, 2013, on file in the Planning Division, AGUA HEDIONDA & CALAVERA CREEKS – SUP 06-02x1(A), as provided by Chapter 21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on April 3, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA & CALAVERA CREEKS – SUP 06- 02X1(A), based on the following findings and subject to the following conditions: Findings: 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 flood protection of existing creek channels, thereby increasing the safety from flooding of the Rancho Carlsbad residential community. 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that the amended project would continue to benefit the Rancho Carlsbad residential community by protecting human life and health, minimizing the need for rescue and relief efforts associated with flooding, and minimizing damage to utilities. Furthermore, the amended project would protect nearly 146 of the 168 dwelling units currently located within the FEMA flood hazard zone. Upon completion of channel dredging and improvements, a survey will be performed to identify the exact number of homes that would remain within the floodplain. The amended project also proposes no buildings, structures or habitable components that would potentially expose people or property to flooding hazards. PC RESO NO. 6952 -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 3. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the amended project would protect nearly 146 units against the threat of flooding by a 100-year storm. 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that immediately below the project Agua Hedionda creek channel opens to a wide undeveloped floodplain that extends to the Agua Hedionda Lagoon. 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the amended project would allow Agua Hedionda and Calavera creek channels to pass floodwaters of such frequency. 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 at any point in that the amended project will dredge and improve Agua Hedionda and Calavera creek channels, thereby lowering and widening the creek channel and increasing their floodwater capacity. 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. Conditions: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit Amendment documents 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, different from this approval, shall require an amendment to this approval. 2. This approval is granted subject to the approval of EIR 04-02(A) and CDP 06-04x1(A) and is subject to all conditions contained in Planning Commission Resolution Nos. 6950 and 6951 for those other approvals incorporated herein by reference. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review.