HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 57041
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PLANNING COMMISSION RESOLUTION NO. 5704
A RESOLUTION OF THE PLANNING COMMlSSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT TO
ALLOW FOR A GOLF CENTER FACILITY ON PROPERTY
GENERALLY LOCATED WITHIN PLANNING AREA 6 OF
THE LA COSTA RESORT AND SPA MASTER PLAN IN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN
CASE NO: SUP 03-06
WHEREAS, KSL, “Developer/Owner” has filed a verified application with the
City of Carlsbad regarding property described as
A PORTION OF SECTION 35, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, ALSO KNOWN AS A PORTION OF LOTS 1,3,
4, 35, 37 AND 41, AS SHOWN BY TENTATIVE TRACT
MAP FOR LA COSTA RESORT (CT 03-01).
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain
Special Use Permit as shown on Exhibits “SUP 03-O6/PPPPP-SSSSS1’ dated August 4, 2004,
on file in the Planning Department LA COSTA RESORT AND SPA MASTER PLAN - SUP
03-06, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 18th day of August 2004 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;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the publi hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA RESORT AND SPA
MASTER PLAN - SUP 03-06, based on the following findings and subject to
the following conditions:
Findinm:
1.
2.
3.
4.
5.
6.
The site is reasonably safe from flooding in that most of the area within Planning Area
6 is already in use as a driving range and/or portion of existing golf areas and can
accommodate seasonal flows and occasional inundation without significant loss.
The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that the proposed golf center structure will not be located
on or within the 100-year flood hazard line or area. The structure will located
outside of the risk area, however, minor grading is proposed on the edge of the flood
line to improve the flood protection to the area and structure. The grading requires
the need to process a Special Use Permit even though no structures in the hazard
area are proposed.
The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the proposed grading will not alter the flow of San Marcos Creek
upstream nor create hazards for adjacent or upstream properties. Final
assessments and certifications are still required in coordination with the Federal
Emergency Management Agency (FEMA), which will further ensure that no
impacts will occur either upstream or downstream from the proposed project and
its location along San Marcos Creek.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that similar to the finding above for upstream
properties, the proposed grading is minor in nature, will not involve future
construction of a building or structure, and will be consistent with the provisions of
FEMA.
The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100- year frequency in that initial hydrologic studies verify the minor impact of the
project on the floodplain and its ability to convey 100-year level floodwaters will
remain unchanged by implementation of the proposed grading associated with the
golf center. Finalized assessments and certifications still required of the project will
further ensure the site’s ability to accommodate 100-year flood events.
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 submitted hydrologic assessments, reviewed against the project
proposal, confirm that water surface elevations approaching one foot will not occur.
PC RES0 NO. 5704 -2-
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7. All other required state and federal permits have been obtained.
8. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and any comments thereon
prior to adoption the project; and
b. the Mitigated Negative Declaration has been prepared in accordance with
requirements of the California Environmental Quality Act, the State Guidelines and
the Environmental Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EL4 Part I1 and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment
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 from this approval, shall require an amendment to this approval,
If any of the following conditions fail to occur; or if they are, by their terms, to be
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
future building permits; deny, revoke or further condition all certificates of occupancy
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
or a successor in interest by the City’s approval of this Floodplain Special Use Permit.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
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 SUP, (b) City’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
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
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.
PC RES0 NO. 5704 -3-
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4. Developer shall submit to Planning Director a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
5. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 03-08/ZC 03-04MP 03-
02MP 149S/CT 03-01/PUD 03-06 and SUP 03-03 and is subject to all conditions
contained in Planning Commission Resolutions No. 5697,5698,5799,5700,5701,5702,
5703, and 5705 for those other approvals incorporated herein by reference.
Engineering
6. Prior to any grading or issuance of any building permits within limits of inundation by the
100-year flood line as shown on the tentative map, a comprehensive analysis, to assess
the impacts of the proposed grading within the fringe areas of a Special Flood Plain
Hazard Area (SFHA) and to determine the post development 100-year flood inundation
level for San Marcos Creek in these areas, shall be prepared to the satisfaction of the City
Engineer. If the analysis shows detectable changes to the limits of inundation as shown on
the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps
(FIRM), developer shall process a Conditional Letter of Map Revision with FEMA prior
to start of any work within these areas. Development in the SFHA shall be limited such
that there is no increase in the water surface elevations on adjacent properties.
7. Developer is responsible to incorporate the necessary measures that are required to ensure
all new structures located within flood hazard areas comply with Section 21.1 10.160 of
the Carlsbad Municipal Code and the latest Federal Emergency Management Agency
(FEMA) regulations including but not limited to:
a) Developer shall ensure all new construction is anchored to prevent flotation,
collapse or lateral movement of structures resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
b) Developer shall ensure all new structures are constructed with materials and utility
equipment resistant to flood damage. Developer shall utilize construction
methods and practices that minimize flood damage to structures.
c) Developer shall ensure all new structures are constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed andor located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
d) Developer shall ensure all new structures that include fully enclosed areas, subject
to flooding, are designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by registered professional
engineer or architect or meet or exceed the following minimum criteria:
1. Either a minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed area subject to
PC RES0 NO. 5704 -4-
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flooding shall be provided. The bottom of all openings shall be no higher
than one foot above finished grade; or
.. 11. Be certified to comply with a local flood-proofing standard approved by
the Federal Insurance Administration.
8. Prior to issuance of building permits, Developer shall provide elevation certificates,
certified by a registered professional engineer or surveyor, for each new structure. These
elevation certificates shall provide verification that the finished floor elevation of all new
structures are no less than 1-foot above the base flood elevation as established by the
FIRM maps or established by other technical documents deemed acceptable by the City
Engineer.
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.”
You have 90 days from 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 feedexactions
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.
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PC RES0 NO. 5704 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 18th day of August 2004 by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, and Segall
NOES:
ABSENT: Commissioner Montgomery
ABSTAIN:
.dzfL-&A?z2 .L. ----
hANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1
Planning Director
PC RES0 NO. 5704 -6-