HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 52091
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PLANNING COMMISSION RESOLUTION NO. 5209
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT TO
ENCROACH INTO THE 100 YEAR FLOODPLAIN ON
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND EAST OF EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 17
CASE NAME: BRESSI RANCH
CASE NO: SUP 01-01
WHEREAS, Lennar Bressi Ranch Venture, LLC, ‘‘DeveloperlOwner,” has
filed a verified application with the City of Carlsbad regarding property described as
Parcel “A” of Boundary Adjustment 543, Document No. 1999-
0085753 on file in the Office of the San Diego County
Recorder, February 11, 1999; and, Parcel “B” of Boundary
Adjustment 543, Document No. 1999-0085753 on file in the
Office of the San Diego County Recorder, February 11,1999.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A” - “HH” dated June 5, 2002, on file in the Planning
Department BRESSI RANCH - SUP 01-01, as provided by Chapter 21.1 10 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 5th day of June, 2002 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 Special Use Permit;
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 BRESSI RANCH - SUP 01-01, based on the following findings
and subject to the following conditions:
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FindinPs:
1. The site is reasonably safe fiom flooding.
2. The project as proposed has been designed to eliminate the potential of flood hazard
to the habitable portions of any structure.
3. The proposed project does not create a hazard for adjacent or upstream properties or
structures.
4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures.
5. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 1 00-year fiequency.
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.
7. All other required state and federal permits have been obtained.
Conditions:
1.
2.
3.
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
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 fiom this approval, shall require an amendment to this approval.
Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifjmg all interested parties and successors in interest that the
City of Carlsbad has issued a Special Use Permit by Resolution(s) No. 5209 on the
property. Said Notice of Restriction shall note the property description, 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
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Approval of Special Use Permit SUP 01-01 is subject to the approval of CT 00-06.
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.”
PC RES0 NO. 5209 -2-
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You have 90 days fiom date of final approval to protest imposition of these feedexactions. 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 feedexactions 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 the 5th day of June, 2002 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas,
White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TRIGAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST: -
PC RES0 NO. 5209 -3-