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HomeMy WebLinkAbout1992-12-02; Planning Commission; Resolution 3458c. 7. ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A GOLF PRACTICE FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HAYMAR ROAD APPROXIMATELY 1700 FEET EAST OF EL CAMINO REAL ON 10.74 ACRES IN THE R-1-10,000 ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 2. CASE NAME: CARLSBAD GOLF PRACTICE FACILITY CASE NO: CUP 92-04 WHEREAS, a verified application has been filed with the City of Carlsb; and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided 1 Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannil Commission did, on the 2nd day of December 1992, hold a duly noticed public heari to consider said application on property described as: That portion of Government Lot 2, in Section 32, Township City of Carlsbad, County of San Diego, State of California, according to the United States Government Survey approved December 27, 1870. WHEREAS, at said public hearing, upon hearing and considering 11 South, Range 4 West, San Bernard& Meddlan, In the testimony and arguments, if any, of all persons desiring to be heard, said Commissi considered all factors relating to CUP 92-04. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commiss: of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. .... ,. 0 0 I. 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 I 1'7 18 19 20 21 22 23 24 25 26 eri B) That based on the evidence presented at the public hearing, the Commissic APPROVES CUP 92-04, based on the following findings and subject to tl following conditions: Findinns: 1. That the requested use is necessary or desirable for the development of tl community because it will provide recreational services to the surroundi~ neighborhoods, is essentially in harmony with the various elements and objectiv of the General Plan because it will contribute to the City active Open Space, a1 is not detrimental to existing uses or to uses specifically permitted in the zone which the proposed use is to be located; 2. The site has been designed to accommodate all requirements of development prescribed by the Zoning Ordinance, Title 21, and the site for the intended use adequate in size and shape to accommodate the use; 3. That Haymar Drive which serves the proposed use has the capability by design adequately handle the projected 295 ADT generated by the proposed use. Planning Conditions: 1. Approval is granted for CUP 92-04 as shown on Exhibit(s) "A - Kt, dated Decem1 2, 1992, incorporated by reference and on file in the Planning Departme! Development shall occur substantially as shown unless otherwise noted in thc conditions. 2. This project is approved upon the express condition that building permits will r be issued for development of the subject property unless assurances of t availability of sewer facilities have been given by the Vista Sewer District writing. 3. The applicant shall provide school fees to mitigate conditions of overcrowding part of building permit application. These fees shall be based on the fee schedl in effect at the time of building permit application. 4. This project shall comply with all conditions and mitigation required by the Zc incorporated herein and on file in the Planning Department and any futl amendments to the Plan made prior to the issuance of building permits. 2 Local Facilities Management Plan approved by the City Council on June 16,19r 5. If any condition for construction of any public improvements or facilities, or payment of any fees in lieu thereof, imposed by this approval or imposed by 1 on this project are challenged this approval shall be suspended as provided j PC RES0 NO. 3458 -2- GI I! 28 r. .. ii 0 0 1 2 3 4 Government Code Section 65913.5. If any such condition is determined to invalid this approval shall be invalid unless the City Council determines that t project without the condition complies with all requirements of law. 6. Approval of this request shall not excuse compliance with all sections of t Zoning Ordinance and all other applicable City ordinances in effect at time building permit issuance. 5 6 7. This approval shall become null and void if building permits are not issued for t! project within 18 months from the date of project approval. 7 8- 8 9 10 11 12 13 14 15 16 17 18 This conditional use permit is granted for a period of five (5) years. T: conditional use permit shall be reviewed by the Planning Director on a yearly ba to determine if all conditions of this permit have been met and that the use dc health and welfare. If the Planning Director determines that the use has SI: significant adverse impacts, the Planning Director shall recommend that 1 Planning Commission, after providing the permittee the opportunity to be hea add additional conditions to mitigate the significant adverse impacts. This pen may be revoked at any time after a public hearing, if it is found that the use f a significant detrimental affect on surrounding land uses and the public’s hea and welfare, or the conditions imposed herein have not been met. This pen may be extended for a reasonable period of time not to exceed five (5) years up written application of the permittee made no less than 90 days prior to 1 expiration date. In granting such extension, the Planning Commission shall fi that no substantial adverse affect on surrounding land uses or the public’s hea and welfare will result because of the continuation of the permitted use. I substantial adverse affect on surrounding land uses or the public’s health a welfare is found, the extension shall be considered as an original application a conditional use permit. There is no limit to the number of extensions 1 Planning Commission may grant. not have a significant detrimental impact on surrounding properties or the put 19 20 21 22 23 24 25 26 27 9. If the property owner/owners’ address changes from that which is shown on conditional use permit application, a notice of a change of address shall reported, in writing, to the Planning Department within 30 days. 10. Prior to the issuance of the CONDITIONAL USE PERMIT there shall be a No1 of Restriction placed on the deed to this property subject to the satisfaction of Planning Director notifying all interested parties and successors in interest that City of Carlsbad has issued a CONDITIONAL USE PERMIT by Resolution No. 3L on the real property owned by the declarant. Said Notice of Restriction shall n the property description, location of the file containing complete project det and all conditions of approval as well as any conditions or restrictions specified inclusion in the Notice of Restriction. The restrictions referred to in said no1 PC RES0 NO. 3458 -3- 28 0 0 r. 3 2 3 4 5 6 7 may be modified or terminated only with the approval of the Planning Direct01 Planning Commission or City Council of the City of Carlsbad whichever has fin: decision authority for this project. 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate pursuant to City standards. Location of said receptacles shall be approved by th Planning Director. Enclosure shall be of similar colors and/or materials to th project to the satisfaction of the Planning Director. 12. An exterior lighting plan including parking areas shall be submitted for Plannin Director approval. All lighting shall be designed to reflect downward and/or avo any impacts on adjacent homes or property. 8 13. No outdoor storage of material shall occur onsite unless required by the Fire Chic In such instance a storage plan will be submitted for approval by the Fire Chi 9 and the Planning Director. lo 14. 11 12 13 14 15 16 17 18 19 20 21 15. 16. 17. Any signs proposed for this development shall at a minimum be designed conformance with the City's Sign Ordinance and shall require review and approv of the Planning Director prior to installation of such signs. Prior to issuance of a grading or building permit, whichever comes first, a soi report shall be prepared and submitted to the City of Carlsbad. If the soils repo indicates the presence of potential fossil bearing material then a standard tv phased program, on file in the Planning Department, shall be undertaken to avc possible significant impacts on paleontological resources under the direction oft Planning Department. All roof and ground mounted appurtenances, including air conditioners, shall architecturally integrated and concealed from view and the sound buffered frc adjacent properties and streets, in substance as provided in Building Departmc Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The applicant shall prepare a detailed landscape and irrigation plan which shall submitted to and approved by the Planning Director prior to the issuance grading or building permits, whichever occurs first. 22 18. As part of the plans submitted for building permit plan check, the applicant sh include a reduced version of the approving resolutions on a 24" x 36" blue1 23 drawing. z4 19. All landscape plans shall be prepared to conform with the Landscape Manual 2 25 submitted per the landscape plan check procedures on file in the Plann Department. 26 27 28 PC RES0 NO. 3458 -4- ti 0 c -. 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 20. Prior to final occupancy, a letter from a California licensed landscape architt shall be submitted to the Planning Director certifying that all landscaping has be installed as shown on the approved landscape plans. 21. A minimum of 30% of those trees added to the site per the Planning Dirm approved landscape plans shall be 24" box or greater. 22. The developer shall provide the City with a reproducible 24" x 36', mylar copy the site plan as approved by the Planning Commission. The site plan shall reflc the conditions of approval by the City. The plan copy shall be submitted to 1 City Engineer and approved prior to building, grading, final map, or improvemf plan submittal, whichever occurs first. 23. This project is approved upon the express condition that building permits will I be issued for development of the subject property unless the Carlsbad Munici] Water District Engineer determines that sewer facilities are available at the ti: of application for such sewer permits and will continue to be available until ti of occupancy. 24. This project is also approved under the express condition that the applicant I: the public facilities fee adopted by the City Council on July 28, 1987 and amended from time to time, and any development fees established by the C Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or otl ordinance adopted to implement a growth management system or facilities a improvement plan and to fulfill the subdivider's agreement to pay the put facilities fee dated March 26, 1992, a copy of which is on file with the City Clc and is incorporated by this reference. If the fees are not paid this application v not be consistent with the General Plan and approval for this project will be vc 25. The applicant shall obtain permission from the City of Vita for a sewer connecti and provide proof to the satisfaction of the City Engineer prior to the issuance grading or building permits. 26. The applicant is subject to all conditions required by the 1603 Stream1 Alteration Agreement issued by the California Department of Fish and Game Da November 14,1992. 27. The applicant shall consult with the United States Army Corps of Engineers on need for a 404 permit. If a permit is not required by that agency the applic shall provide proof to the satisfaction of the Planning Director that such permi not required. Should a 404 permit be required, compliance shall be wit substantial confoxmance with Planning Commission Exhibits "A" through "K? da December 2,1992. PC RES0 NO. 3458 -5- ll 0 0 .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 28. The extent of grading shall be limited to that which is shown on the approved si1 Pk 29. Hours of operation shall begin no earlier than 6:30 a.m. and end no later thz 1O:OO p.m. Monday through Sunday. EnQjneering Conditions: 30. Prior to issuing a grading or buildhg permit the owner shall submit tl appropfiate petition and pay the appropriate fees to have the project site annext to the existing Buena Vista Channel Maintenance District. Prior to occupancy 1 the site the annexation procedure shall be finalized to the satisfaction of tl Utilities and Maintenance Director. 31. The applicant shall pay a Traffic Impact Fee based on 295 ADT. If the applica, can demonstrate to the satisfaction of the City Engineer that a lower ADT justified by actual ADT counts fkom a similar facility then the lower fee shall paid. 32. Unless a standards variance has been issued, no variance from City Standards authorized by virtue of approval of this site plan. 33. The applicant shall comply with all the rules, regulations and design requiremer of the respective sewer and water agencies regarding services to the project. 34. Prior to issuing a grading or building permit the applicant shall show proof pennission from the City of Vi and the Carkbad Municipal Water District applicant shall comply with all the requirements of both agencies in design a construction of the connection make a sewer connection to the jointly owned Vita-Carlsbad Trunk Line. T 35. The applicant shall be responsible for coordination with S.D.G.&E, Pacific B Telephone, and Cable TV authorities. 36. The owner of the subject property shall execute a Hold Harmless Agreem, regarding drainage across the adjacent property prior to approval of any grad or building permit for this project. 22 23 24 25 26 27 28 37. Based upon a review of the proposed grading and the grading quantities shown the site plan, a grading permit for this project is required. The applicant m submit and receive approval for grading plans in accordance with City Codes : standards. Prior to issuance of a building permit for the project, a grading per shall be obtained and grading work be completed in substantial conformance M the approved grading plans. PC RES0 NO. 3458 -6- .* I1 0 0 L. 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 nl-4 38. No grading shall occur outside the limits of the project unless a grading or slo~ easement is obtained from the owners of the affected properties. If the applica~ is unable to obtain the grading or slope easement, no grading permit will I issued. In that case the applicant must either amend the type of permit or chanj the slope so grading will not occur outside the project site in a manner whic substantially conforms to the approved site plan as determined by the Ci Engineer and Planning Director, 39. Prior to hauling dirt or construction materials to or from any proposc construction site within this project, the applicant shall submit to and receil approval from the City Engineer for the proposed haul route. The applicant sh comply with all conditions and requirements the City Engineer may impose wi regards to the hauling operation. 40. The developer shall exercise special care during the construction phase of tl project to prevent offsite siltation. Planting and erosion control shall be providc in accordance with the Carlsbad Municipal Code and the City Engineer. Referen Chapter 11.06. 41. Additional drainage easements may be required. Drainage structures shall ' provided or installed prior to the issuance of grading or building permits as rn be required by the City Engineer. 42. The applicant shall comply with the City's requirements of the National Polluta Discharge Elimination System (NPDES) permit. The applicant shall provide bc management practices to reduce surface pollutants to an acceptable level prior discharge to sensitive areas. Plans for such improvements shall be approved by t City Engineer prior to issuance of grading or building permits, whichever OCCI first. 43. Plans, specifications, and supporting documents for all public improvements sh be prepared to the satisfaction of the City Engineer. Prior to the issuance ol grading permit or building permit, whichever comes first, in accordance with C Standards, the applicant shall install or agree to install and secure with appropn security as provided by law, the following public improvements: A. Concrete curb, gutter, and sufficient a.c. paving section to provide a 36 fc minimum roadway width along the project frontage to the satisfaction the City Engineer. B. Street lights along the project frontage westerly from the bridge am Buena Via Creek to the satisfaction of the City Engineer. C. Grade two feet of parkway back to the curb along the project front: westerly of the bridge across Buena Vista Creek to control sloughing of 1 hillside onto Haymar Drive. PC RES0 NO. 3458 -7- fii II 28 0 e 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 44. All snuctures shall be anchored so as to prevent floatation in a flood evc occurring during a storm of 100-year frequency. 45. Prior to issuing a certificate of occupancy the applicant shall comply with sectj 21.110.150(4) of the carlsbad Municipal Me by providing certifications b; licensed professional engineer that fld resistant construction standards were r includjng the structures being anchored to prevent floatation as per the preced condition and ce the finished floor elevations and base flood elevation. 46. The facility shall be operated so that the site is kept free of trash, golf balls L other objects so that none of these objects will float downstream, cause dm to persons or property, contribute litter, or block the flood-way. 47. Periodic crossing of the Buena Vista Creek stream-bed for the purposes Department of Fish and Game approvals. Crossing shall be done in a manner t‘ is sensitive to the integrity of the stream-bed and its habitat and shall 1 contribute to erosion or cause downstream siltation. The manner of crossing L the care and sensitivity given to stream-bed, habitat and erosion control shall subject to review by the City Engineer or the Planning Director at any time at th discretion. Continued operation under the! terms of the Conditional Use Pen may be subject to said review. maintenance shall be kept to a minimurn and in accordance with Califor 48. The Operator of the facility shall periodically remove all golf balls and other de€ from the downstream reaches of Buena Vita Creek and the Buena Via Lagoc that have originated hm this project site. The Operator of the facility s€ periodically perform inspections of the dtmnstream reaches of the creek 2 lagoons in order to assure that this condition is being met. Compliance with t condition shall be subject to review by the City Engineer or Planning Direct01 any time at their discretion. Continuedl operation under the terms of . CondXod Use Permit shall be subject to sald review- 49. No activity that will constrain the site’s ability to handle a major flood is permit by this approval. 50. The facility shall cease operations and be closed to the public when flash flc warnings or other severe weather advisories involving the possibility of flood are in effect. During such weather events the site shall be vacated by all person and vehicles. The Operator shall secure all objects that may float prior to vacat the site. 51. The applicant shall post and the Operator of the facility shall maintain warn signs. The warning signs shall be placed at all entrances to the site. The warn signs shall state that the site is subject to flooding and that all personnel : PC RES0 NO. 3458 -8- ll e e 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 vehicles shall vacate the site when flash flood warnings or any other seT weather advisories involving the possibility of flooding are in effect. The wan signs shall be approved by the City Engineer and the Planning Director prio issuing a grading or building permit. The maintenance of the signs shall be SUE to review by the City Engineer or the Planning Director at any time at t discretion. Continued operation of the facility under the terms of the Conditic Use Permit may be subject to said review. 52. Because of the sensitive location of this site in the floodplain and the 1 poss;bility of causing sedimentation and erosion during a significant rain event clearing, grubbing or grading will be allowed on the site between November and April 14. A variation of this time period may be allowed by the City En& with a specific recommendation by the Buena Vita Lagoon Foundation. 53. Planting and irrigation of the site must take place, to the satisfaction of Planning Director, City Engineer, and the Department of Fish & Game to a1 sufficient growth of the planting prior to the rainy season. Fire Conditions: 54. Prior to the issuance of building permits, complete building plans shall approved by the Fire Department. 55. In lieu of installation of a fire hydrant, proposed structures may be protectec an approved automat& Le spMer system The design of the spx" sys~ and its water supply must be approved by the Fire Marshal and prior construction of the proposed buildings. 56. Brush clearance shall be maintained according to the specifications containec the City of Carlsbad Landscape Manual. Applicant shall provide a brush cleara plan to the Fire Department for approval. Water Conditions: 57. The applicant shall provide the Carkbad Water District with adequate proof 1 well water availability is suffiaent to meet total demands, present and future. applicant shall also provide assurances that if the well goes dry, the applicants extend a 10" water main in Haymar Drive to meet the necessary demands. 58. The appKcant shall provide written proof from the County of San D; Environmental Health Services that they will allow well water use and conditions for its use as set by the county,. ." PC RES0 NO. 3458 -9- ,4 - 0 e 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 59. The developer shall be required to either c0nstruct a new sewer access hole or into the existing access hole at the new sewer lateral connection point all approved by the appropriate sewer agency. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 2nd day of December 19' by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schrarr Noble, Welsons, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: 1/zTkz L1 TOM ER'WIN, Chairperson CARLSBHD PLANNING COMMISSION PLANNING DIRECTOR PC RES0 NO. 3458 -10-