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HomeMy WebLinkAbout1994-05-04; Planning Commission; Resolution 3645(I a 0 1 2 3 4 5 6 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) 7 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 12 I/ - // Commission did, on the 4th day of May, 1994, hold a duly noticed public he 13 14 I/ consider said application on property described as: 15 16 17 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. 18 19 WHEREAS, at said public hearing, upon hearing and considt 20 testimony and arguments, if any, of all persons desiring to be heard, said Cor considered all factors relating to CUP 92-04(A). 21 22 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: 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor ... ... 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 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. PC RES0 NO. 3645 -2- /I 0 a 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 3 4 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 7 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. 16 5 conditional use permit shall be reviewed by the Planning Director on a ye; 8 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 10 11 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 ~ 18 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 & , 20 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. PC RES0 NO. 3645 -3- 0 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 I 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. ~ ~ 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. ~ ~ ... ... PC RES0 NO. 3645 -4- 0 * 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RES0 NO. 3645 -5- 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 3645 -6- e 0 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 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. PC RES0 NO. 3645 -7- 0 e 49. 1 2 4 3 50. 5 6 7 9 52. g 10 11 12 13 14 15 16 17 18 51. 53. 19 54. 20 21 22 23 24 25 56. 26 27 1 28 55. 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 PC RES0 NO. 3645 -8- 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 1 26 27 28 0 a 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. PC RES0 NO. 3645 -9- 0 e 66. The developer shall pay all costs including the bonding, engineering, in 1 and all deposits and charges associated with the subject project. 2 3 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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: 22 23 24 25 26 27 28 PC RES0 NO. 3645 -1 0-