HomeMy WebLinkAbout1994-05-04; Planning Commission; Resolution 3645(I a 0
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1 PLANNING COMMISSION RESOLUTION NO. 3645
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO A CONDITIONAL USE PERMIT TO
DEVELOP A GOLF PRACTICE FACILITY ON PROPERTY
GENERALLY LOCATED SOUTH OF HAYMAR DW AND
EAST OF EL CAMIN0 REAL.
CASE NAME: CARLSBAD GOLF PRACTICE FACILITY
CASE NO: CUP 92-04(A)
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8 and referred to the Planning Commission; and
WHEREAS, a verified application has been filed with the City of (
9 WHEREAS, said verified application constitutes a request as pro
lo Title 21 of the Carlsbad Municipal Code; and
XI II WHEREAS, pursuant to the provisions of the Municipal Code, the 1
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- // Commission did, on the 4th day of May, 1994, hold a duly noticed public he
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14 I/ consider said application on property described as:
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That portion of Government Lot 2, in Section 32, Township
11 South, Range 4 West, San Bernardino Meridian, in the
City of Carlsbad, County of San Diego, State of California,
according to the United States Government Survey approved
December 27, 1870.
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WHEREAS, at said public hearing, upon hearing and considt
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testimony and arguments, if any, of all persons desiring to be heard, said Cor
considered all factors relating to CUP 92-04(A). 21
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23 of the City of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
25 1 B) That based on the evidence presented at the public hearing, the Cor
26 APPROVES CUP 92-04(A), based on the following findings and subjec
following conditions:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
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Findinns:
1. That the requested use is necessary or desirable for the developmer
community because it will provide recreational services to the sun
neighborhoods, is essentially in harmony with the various elements and o
of the General Plan because it will contribute to the City active Open SI
is not detrimental to existing uses or to uses specifically permitted in thc
which the proposed use is to be located;
2. The site has been designed to accommodate all requirements of develo]
prescribed by the Zoning Ordinance, Title 21, and is adequate in size a
to accommodate the intended use;
3. That Haymar Drive which serves the proposed uses has the capability 1
to adequately handle the projected generation of traffic.
4. That parking spaces are provided in a greater quantity than what is req
Planning Conditions:
1. Approval is granted for CUP 92-04(A), as shown on Exhibit(s) "A - E", d;
4, 1994, incorporated by reference and on file in the Planning Del
Development shall occur substantially as shown unless otherwise noted
conditions.
2. The project is subject to all of the conditions of this Planning &I
Resolution No. 3645 which supersedes Planning Commission Resolution F
3. This project is approved upon the express condition that building permit
be issued for development of the subject property unless assurance
availability of sewer facilities have been given by the Vista Sewer C
writing.
4. The applicant shall provide school fees to mitigate conditions of overcro
part of building permit application. These fees shall be based on the fee
in effect at the time of building permit application.
5. This project shall comply with all conditions and mitigation required by
2 Local Facilities Management Plan approved by the City Council on
1987, incorporated herein and on file in the Planning Department and a
amendments to the Plan made prior to the issuance of building permits
6. If any condition for construction of any public improvements or facilitil
payment of any fees in lieu thereof, imposed by this approval or imposc
on this project are challenged this approval shall be suspended as prl
Government Code Section 65913.5. If any such condition is determi
invalid this approval shall be invalid unless the City Council determine:
project without the condition complies with all requirements of law.
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7. Approval of this request shall not excuse compliance with all section
1 Zoning Ordinance and all other applicable City ordinances in effect at
building permit issuance. 2
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8. This approval shall become null and void if building permits are not issuec
project within 18 months from the date of project approval.
9. This conditional use permit is granted for a period of ten (10) yea
to determine if all conditions of this permit have been met and that the 6
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not have a significant detrimental impact on surrounding properties or tl
health and welfare. If the Planning Director determines that the use I
significant adverse impacts, the Planning Director shall recommend
add additional conditions to mitigate the significant adverse impacts. Thj
a significant detrimental affect on surrounding land uses and the public
and welfare, or the conditions imposed herein have not been met. Thi
may be extended for a reasonable period of time not to exceed ten (10) ye
written application of the permittee made no less than 90 days prio
that no substantial adverse affect on surrounding land uses or the public 13 and welfare will result because of the continuation of the permitted u
14 substantial adverse affect on surrounding land uses or the public’s he,
welfare is found, the extension shall be considered as an original applics
15 a conditional use permit. There is no limit to the number of extensi
Planning Commission may grant.
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5 conditional use permit shall be reviewed by the Planning Director on a ye;
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may be revoked at any time after a public hearing, if it is found that the 9
Planning Commission, after providing the permittee the opportunity to b
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12 expiration date. In granting such extension, the Planning Commission s
10. If the property owner/owners’ address changes from that which is show
reported, in writing, to the Planning Department within 30 days.
17 conditional use permit application, a notice of a change of address ~
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19 Restriction placed on the deed to this property subject to the satisfactio
11. Prior to the issuance of the Conditional Use Permit there shall be a & ,
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property description, location of the file containing complete project del 22
1 City of Carlsbad has issued a Conditional Use Permit by Resolution No. ~
Planning Director notifying all interested parties and successors in interest
21 the real property owned by the declarant. Said Notice of Restriction shall
all conditions of approval as well as any conditions or restrictions spec:
23 inclusion in the Notice of Restriction. The restrictions referred to in sai
may be modified or terminated only with the approval of the Planning I 24 Planning Commission or City Council of the City of Carlsbad whichever 1
25 decision authority for this project.
26 12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approve1
27 Planning Director. Enclosure shall be of similar colors and/or material
28 project to the satisfaction of the Planning Director.
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13. An exterior lighting plan including parking areas shall be submitted for
Director approval. AU lighting shall be designed to reflect downward and,
any negative impacts on adjacent property and Highway 78.
14. No outdoor storage of material shall occur onsite unless required by the Fi
In such instance a storage plan will be submitted for approval by the F
and the Planning Director.
15. A sign program shall be developed for the project which minimizes tl
impact to the Highway 78 corridor from all forms of project signage inch
not limited to wall signs, monument signs, and yardage markers.
16. Prior to issuance of a grading or building permit, whichever comes firs1
report shall be prepared and submitted to the City of Carlsbad. If the soi
indicates the presence of potential fossil bearing material then a stand
phased program, on file in the Planning Department, shall be undertaken
possible significant impacts on paleontological resources under the directic
Planning Department.
17. All roof and ground mounted appurtenances, including air conditioners,
architecturally integrated and concealed from view and the sound buffe:
adjacent properties and streets, in substance as provided in Building Del
Policy No. 80-6, to the satisfaction of the Directors of Planning and Buil
18. The applicant shall prepare a detailed landscape and irrigation plan which
submitted to and approved by the Planning Director prior to the isst
grading permits.
19. As part of the plans submitted for building permit plan check, the applic;
include a reduced version of the approving resolutions on a 24" x 36t
drawing.
20. All landscape plans shall be prepared to conform with the Landscape Mar
submitted per the landscape plan check procedures on file in the 1
Department.
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1 ~ 21. Prior to final occupancy, a letter from a California licensed landscape i
shall be submitted to the Planning Director certifying that all landscaping :
installed as shown on the approved landscape plans. I
1 22. Additional landscape for the purpose of scremiug shall be included pa
Haymar Drive and along the western property line. The extent of plan
appropriate plant species shall be approved by the Planning Director.
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23. The developer shall provide the City with a reproducible 24" x 36", myla
the site plan as approved by the Planning Commission. The site plan sh
the conditions of approval by the City. The plan copy shall be submittc
City Engineer and approved prior to building, grading, final map, or impr
plan submittal, whichever occurs first.
24. This project is approved upon the express condition that building permit:
be issued for development of the subject property unless the Carlsbad h,
Water District Engineer determines that sewer facilities are available at
of application for such sewer permits and will continue to be available u
of occupancy.
25. This project is also approved under the express condition that the appli
the public facilities fee adopted by the City Council on July 28, 198;
amended from time to time, and any development fees established by
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code
ordinance adopted to implement a growth management system or facil
improvement plan and to fulfill the subdivider's agreement to pay tk
facilities fee dated March 26, 1992, a copy of which is on file with the C.
and is incorporated by this reference. If the fees are not paid this applica
not be consistent with the General Plan and approval for this project will
26. The applicant shall obtain permission from the City of Via for a sewer co:
and provide proof to the satisfaction of the City Engineer prior to the iss
grading or building permits.
27. The applicant is subject to all conditions required by the 1600 et. seq. St
Alteration Agreement No. 5-588-92 issued by the California Departmen and Game, dated December 1992 and amended April 1994.
28. Prior to the issuance of any City permits, U.S. Army Corps of Engineers 40
is required; compliance shall be within substantial codormmce with 1
Commission Exhibits "A" through T, dated May 4, 1994, other
amendment to this permit is required.
29. The extent of grading shall be limited to that which is shown on the apprc
Plan
30. Hours of operation shall begin no earlier than 6:30 a.m. and end no la
1O:OO p.m Monday through Sunday.
31. Future residential yields shall be calculated based upon the pre,
topography.
32. Prior to the issuance of the Conditional Use Permit there shall be a fi
Restriction placed on the deed to this property subject to the satisfactia
Planning Director notifying all interested parties and successors in interest
City of carlsbad has issued a Conditional Use Permit by Resolution No.
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the real property owned by the declarant. Said Notice of Restriction shall
property description, location of the file containing complete project de
all conditions of approval as well as any conditions or restrictions spec
inclusion in the Notice of Restriction. The restrictions referred to in sa:
may be modified or terminated only with the approval of the Planning
Planning Commission or City Council of the City of Carlsbad whichever
decision authority for this project.
33. All landscaped areas shall be maintained in a healthy and thriving condii
from weeds, trash and debris.
34. Prior to approval of a building permit for this project the owner of th~
property shall execute an agreement to the satisfaction of the City
holding the City harmless regarding personal injury and property damage
from the use of the practice facility.
hgineering Conditions:
35. Prior to issuance of grading or building permits the owners shall
participate in any new or amended Buena Vita Channel Maintenanct
allowable by law.
36. The applicant shall pay a Traffic Impact Fee determined at the time of
permit issuance.
37. Unless a standards variance has been issued, no variance from City Sta
authorized by virtue of approval of this site plan.
38. The applicant shall comply with all the rules, regulations and design requ
of the respective sewer and water agencies regarding services to the prc
39. Prior to issuing a grading or building permit the applicant shall show
permission from the City of Vi and the Carlsbad Municipal Water C
make a sewer connection to the jointly owned Vita-Carlsbad Trunk Li
applicant shall comply with all the requirements of both agencies in dc
construction of the connection.
40. The applicant shall be responsible for coordination with S.D.G.&E., Pa
Telephone, and Cable TV authorities.
41. The owner of the subject property shall execute a Hold Harmless A;
regarding drainage across the adjacent property prior to approval of an;
or building permit for this project.
42. Based upon a review of the proposed grading and the grading quantities 5
the site plan, a grading permit for this project is required. The applic
submit and receive approval for grading plans in accordance with City C
standards. Prior to issuance of a building permit for the project, a gradir
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shall be obtained and grading work be completed in substantial conforma
the approved grading plans.
43. No grading shall occur outside the limits of the project unless a grading
easement is obtained from the owners of the affected properties. If the 2
is unable to obtain the grading or slope easement, no grading permil
issued. In that case the applicant must either amend the type of permit o
the slope so grading will not occur outside the project site in a mannc
substantially conforms to the approved site plan as determined by
Engineer and Planning Director.
44. Prior to hauling dirt or construction materials to or from any 1
construction site within this project, the applicant shall submit to anc
approval from the City Engineer for the proposed haul route. The applic
comply with all conditions and requirements the City Engineer may imp
regards to the hauling operation.
45. The developer shall exercise special care during the construction phas
project to prevent offsite siltation. Planting and erosion control shall be
in accordance with the Carlsbad Municipal Code and the City Engineer. R
Chapter 11.06.
46. Additional drainage easements may be required. Drainage structures
provided or installed prior to the issuance of grading or building permit
be required by the City Engineer.
47. The applicant shall comply with the City's requirements of the National 1
Discharge Elimination System (NPDES) permit. The applicant shall pro1
management practices to reduce surface pollutants to an acceptable level
discharge to sensitive areas. Plans for such improvements shall be approvc
City Engineer prior to issuance of grading or building permits, whichevc
first.
48. Plans, specitications, and supporting documents for all public improvemf
be prepared to the satisfaction of the City Engineer. Prior to the issu;
grading permit or building permit, whichever comes first, in accordance 1
Standards, the applicant shall install or agree to install and secure with ap
security as provided by law, the following public improvements:
A. Concrete curb, gutter, and sufficient ax. paving section to provide
minimum roadway width along the project frontage to the satisf
the City Engineer.
B. Street lights along the project frontage westerly from the bridj
Bum Vista Creek to the satisfaction of the City Engineer.
C. Grade two feet of parkway back to the curb along the project
westerly of the bridge across Buena Vita Creek to control sloughi
hillside onto Haymar Drive.
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All structures shall be anchored so as to prevent floatation in a fla
occurring during a storm of 100-year frequency.
Prior to issuing a certificate of occupancy the applicant shall comply wid
21.110.150(4) of the Carlsbad Municipal Code by providing certificati~
licensed professional engineer that flood resistant construction standards I
including the structures being anchored to prevent floatation as per the p
condition and certify the finished floor elevations and base flood elevati
The facility shall be operated so that the site is kept free of trash, golf 1
other objects so that none of these objects will float downstream, cause
to persons or property, contribute litter, or block the fld-way.
Periodic crossing of the Buena Vita Creek stream-bed for the pur
maintenance shall be kept to a minimum and in accordance with C
Department of Fish and Game approvals. crossing shall be done in a ma^
is sensitive to the integrity of the stream-bed and its habitat and :
contribute to erosion or cause downstream siltation. The manner of cro:
the care and sensitivity given to stream-bed, habitat and erosion control
subject to review by the City Engineer or the Planning Director at any tim
discretion. Continued operation under the terms of the Conditional Ur
may be subject to said review.
The Operator of the facility shall periodically remove all golf balls and 0th
from the downstream reaches of Buena Vita Creek and the Bum Vita
that have originated from this project site. The Operator of the faci
periodically perform inspections of the downstream reaches of the c
lagoons in order to assure that this condition is being met. Compliance
condition shall be subject to review by the City Engineer or Planning D
any time at their discretion. Continued operation under the term
Conditional Use Permit shall be subject to said review.
No activity that will constrain the site's ability to handle a major flood is I
by this approval.
The facility shall cease operations and be closed to the public when fl'
warnings or other severe weather advisories involving the possibility of
are in effect. During such weather events the site shall be vacated by all 1
and vehicles. The Operator shall secure all objects that may float prior tc
the site.
The applicant shall post and the Operator of the facility shall maintain
signs. The warning signs shall be placed at all entrances to the site. Tht
signs shall state that the site is subject to flooding and that all persc
vehicles shall vacate the site when flash flood warnings or any 0th
weather advisories involving the possibility of flooding are in effect. Thc
signs shall be approved by the City Engineer and the Planning Direct0
issuing a grading or building permit. The maintenance of the signs shall 1
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to review by the City Engineer or the Planning Director at any time
discretion. Continued operation of the facility under the terms of the COI
Use Permit may be subject to said review.
57. Because of the sensitive location of this site in the floodplain and 1
possibility of causing sedimentation and erosion during a significant rain z
clearing, grubbing or grading will be allowed on the site between Nove
and April 14. A variation of this time period may be allowed by the City :
after the applicant has consulted with the Bum Vista Lagoon Founda
reports on its comments. The variation must also be in compliance
permitting agencies.
58. Planting and irrigation of the site must take place, to the satisfactio
Planning Director, City Engineer, and the Department of Fish & Game
sufficient growth of the planting prior to the rainy season.
Fire Conditions:
59. Prior to the issuance of building permits, complete building plans
approved by the Fire Department.
60. In lieu of installation of a fire hydrant, proposed structures shall be pro1
an approved automatic fire sprinkler system.
61. The plans and/or specifications for fire alarm systems, fire hydrants, aut01
sprinkler systems and other fire protection systems shall be submitted tc
Department for approval prior to the issuance of building permits.
62. The applicant shall submit a site plan to the Fire Department for appro1
depicts the location of required, proposed and existing water mains
hydrants. The plan should include off-site fire hydrants within 200 fe
project.
63. Brush clearance shall be maintained according to the specifications con
the City of Carlsbad Landscape Manual. Applicant shall provide a brush I
plan to the Fire Department for approval.
Water Conditions:
64. Developer shall provide improvement plans for the extension of an 8
water main in Haymar Drive hm the existing 10" water main at statio]
easterly to Station 14+32+ being a point 10' east of the subject westerly
line as shown on attachments A and B to this resolution.
65. The developer shall provide a fire hydrant assembly, a domestic fire s(
sprinkling of building and a domestic water service for a back-up of t€
irrigation system at the north westerly comer of the subject property.
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66. The developer shall pay all costs including the bonding, engineering, in
1 and all deposits and charges associated with the subject project.
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67. The developer shall prepare a colored reclaim water use map and submj
68. The developer shall be required to either construct a new sewer access hc 4
of Carlsbad Planning Department for review and approval.
into the existing access hole at the new sewer lateral connection poi
5 approved by the appropriate sewer agency.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 4th day of May, 1991
following vote, to wit:
AYES: Chairperson Savary, Commissioners: Schlehuber, Bet:
Welshons, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
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