HomeMy WebLinkAbout1998-04-01; Planning Commission; Resolution 42520 0
1 PLANNING COMMISSION RESOLUTION NO. 4252
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP AN 18 HOLE
CHAMPIONSHIP GOLF COURSE WITH CLUBHOUSE AND
PRACTICE FACILITIES ON PROPERTY GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD EAST
AND WEST OF COLLEGE AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
CASE NO.: CUP 97-07
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WHEREAS, The City of Carlsbad Municipal Projects Division, “De1
has filed a verified application with the City of Carlsbad regarding property owned by
of Carlsbad, “Owner”, described as
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Approximately 397 acres north of Palomar Airport Road and
west of Palomar Airport including Assessor’s Parcel Numbers
212-041-[12-37]; 212-081-[2-21]; 212-082-[1-10]; 212-201-
14 II [5,7,11,12,13]
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Permit as shown on Exhibit(s) “A”-“JJ” dated April 1, 1998, on file in the Carlsbad 17
WHEREAS, said verified application constitutes a request for a Conditi 16
(“the Property”); and
Department, CARLSBAD MUNICIPAL GOLF COURSE, CUP 97-07, as pro’ ’ 9 11 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
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21 I/ WHEREAS, the Planning Commission did, on the 1st day of April 199
22 (I duly noticed public hearing as prescribed by law to consider said request; and
23 /I WHEREAS, at said public hearing, upon hearing and considering all t
24 11 and arguments, if any, of all persons desiring to be heard, said Commission considered 2
25 11 relating to the CUP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES the CARLSBAD MUNICIPAL GOLF COURSE, CU
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the corn
essentially in harmony with the various elements and objectives of the General I
is not detrimental to existing uses specifically permitted in the zone in w
proposed use is located, in that the golf course will satisfy a mandate se1
passage of Proposition M by the citizens of Carlsbad requiring the develor
recreation facilities projects including a municipal golf course; the gol:
satisfies the goals and objectives of the elements of the General Plan; and
intense development than surrounding industrial and commercial land uses
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the site has been designed to accommodate all of the components necess:
championship golf course without the need for variances to setbacks o
regulations.
3. That all the yards, setbacks, walls, fences, landscaping, and other features nec
adjust the requested use to existing or permitted future uses in the neighborhoo
provided and maintained, in that the project is designed to be compatil
surrounding uses through the placement of buildings in areas that are z
from existing and future uses and that the predominance of the project is 1
and natural landscape.
4. That the street system serving the proposed use is adequate to properly handle ;
generated by the proposed use, in that the site was previously approved
industrial subdivision and the proposal of a golf course substantially red
average daily traffic which in turn lessens the burden on surroundin;
roadways.
5. The project is consistent with the Comprehensive Land Use Plan (CLUP:
McClellan-Palomar Airport, dated April 1994, in that the project is an acceptak
designated in the plan. The project is compatible with the projected noise lev1
CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
land use is compatible with the airport, in that as an open space use it wil
adversely affected by the operations of the airport.
6. That the habitat loss will not preclude connectivity between areas of high habit;
in that there are sufficiently wide corridors provided within the design of the
PC RES0 NO. 4252 -2-
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7. That the habitat loss will not preclude or prevent the preparation of the City’:
Management Plan, in that the project has been design in coordination I
creation of the Draft City of Carlsbad Habitat Management Plan dated D
1997.
8. That the habitat loss has been minimized and mitigated to the maximur
practicable in accordance with the mitigation established by the NCCP Guidelint
core and linkage areas will be enhanced through onsite re-vegetation.
9. That the habitat loss will not appreciably reduce the likelihood of the sun
recovery of listed wildlife species in the wild, in that removed habitat will be
at a ratio greater than 1 to 1.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Conditional Use Permit document(s) necessary to mi
internally consistent and in conformity with final action on the project. Devl
shall occur substantially as shown in the approved Exhibits. Any proposed devl
different from this approval, shall require an amendment to this approval.
2. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving [resolution(s)] on a 24” x 36” blueline (
3. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of aF
for such sewer permits and will continue to be available until time of occupancy.
4. This Conditional Use Permit shall be reviewed by the Planning Director perioc
determine if all conditions of this permit have been met and that the use does nl
substantial negative effect on surrounding properties or the public health and wc
the Planning Director determines that the use has such substantial negative ef
Planning Director shall recommend that the Planning Commission, after prov
permittee the opportunity to be heard, add additional conditions to reduce or elin
substantial negative effects. This permit may be revoked at any time after
hearing, if it is found that the use has a substantial detrimental effect on surroun
uses and the public’s health and welfare, or the conditions imposed herein have
met.
5. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sa
of the Planning Director, notifying all interested parties and successors in intere:
City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 42?
real property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all conc
approval as well as any conditions or restrictions specified for inclusion in the
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Restriction. The Planning Director has the authority to execute and record an arr
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest,
6. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained fiom the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free fiom weeds, t
debris.
7. The Developer shall diligently implement, or cause the implementation of, all n
measures identified in the Final EIR 97-01 that are found by this resolution to be
8. The Developer shall implement, or cause the implementation of, the CAB
MUNICIPAL GOLF COURSE Project Mitigation Monitoring and Reporting P
9. The Developer, or their successors in interest, shall improve the project site
project as described in the Final EIR 97-01, except as modified by this resolution
10. Paleontology:
a) Prior to any grading of the project site, a paleontologist shall be re1
perform a walkover survey of the site and to review the grading
determine if the proposed grading will impact fossil resources. A coy
paleontologist’s report shall be provided to the Planning Director prior to
of a grading permit;
b) A qualified paleontologist shall be retained to perform periodic inspectia.
site and to salvage exposed fossils. Due to the small nature of some of tl
present in the geologic strata, it may be necessary to collect matrix san
laboratory processing through fine screens. The paleontologist shl
periodic reports to the Planning Director during the grading process;
c) The paleontologist shall be allowed to divert or direct grading in the a~
exposed fossil in order to facilitate evaluation and, if necessary, salvage a:
d) All fossils collected shall be donated to a public, non-profit institutio
research interest in the materials, such as the San Diego Natural History R
e) Any conflicts regarding the role of the paleontologist and the grading act
the project shall be resolved by the Planning Director and City 1
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1 1. Prior to the issuance of building permits the Developer shall prepare and record
that this property is subject to overflight, sight and sound of aircraft operat
McClellan-Palomar Airport, in a form meeting the approval of the Planning Dirl
the City Attorney (see Noise Form #2 on file in the Planning Department).
12. Approval of CUP 97-07 is subject to certification of EIR 97-01 by the City Coun
Engineering:
13. Prior to hauling dirt or construction materials to or fiom any proposed constru
within this project, the developer shall submit to and receive approval fiom
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling opera ti or^
Grading
14. Based upon a review of the proposed grading and the grading quantities shown 0:
plan, a grading permit for this project appears to be required. The developer sha
and receive approval for grading plans in accordance with City codes and standar
15. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic corrective measures as actually constru
must be based on a contour map which represents both the pre and post site gradi
plan shall be signed by both the soils engineer and the engineering geologist.
shall be prepared on a 24" x 36" mylar or similar drafting film and shall b
permanent record.
Dedications/Improvements
16. Additional drainage easements may be required. Drainage structures shall be pra
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
17. The developer shall underground all existing overhead utilities along the
boundary.
18. Prior to issuance of grading permit, the developer shall submit an eng
study, to the satisfaction of the City Engineer, which evaluates the project hJ
and a capacity analysis of the public storm facilities. The study shall be prer
a registered engineer. Improvements for onsite detention or other storm c
improvements, if required, shall be completed to the satisfaction of I
Engineer.
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19. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall proT
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to c
to sensitive areas. Plans for such improvements shall be approved by the City I
Said plans shall include but not be limited to the following:
a) All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
b) Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rl
containers.
c) Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
20. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install improvements shown on the site plan and the .1
improvements:
a) Sidewalk, and median paving and landscape improvements along thl
frontage on Palomar Airport Road.
b) Cul-de-sac bulb improvements at the northern terminus of Palom
Way.
21. Prior to issuance of a grading permit, the developer shall file and receive :
of a parcel map application to remove and adjust lot lines to correspond
approved project site plan. This parcel map shall include a reservation of a
access easement to the undeveloped parcel (APN 212-120-33) which curren
access from Swift Place, hereon referred to as the "Hieatt parcel". Instal
improvements to this easement is not a requirement of this project.
22. The structural section for the access aisles in the clubhouse parking lot
designed with a traffic index of 5.0 in accordance with City standards due to tru
through the parking area and/or aisles with an ADT greater than 500. The
pavement design of the aisle ways shall be submitted together with required R-7
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test information and approved by the City as part of the building site plan review.
Fire:
23. Prior to issuance of building permits, the Fire Department shall evaluate buildi
for conformance with applicable fire and safety requirements of state and local fi1
24. Provide additional public fore hydrants at intefvals of 300 feet along public st1
private driveways. Hydrants should be located at street intersections when pos!
should be positioned no closer than 100 feet fiom terminus of a street or drivewq
25. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing public water mains and fire hydra
plan should include off-site fire hydrants within 200 feet of the project.
26. Applicant shall submit a site plan depicting emergency access routes, drive\
traffic circulation for Fire Department approval.
27. An all weather, unobstructed access road suitable for emergency service vehicle!
provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to inclement weather or other reasons
in the interest of public safety, require the construction operations to cease
condition is corrected.
28. All required water mains, fire hydrants and appurtenances shall be operation
combustible building materials are located on the construction site.
29. Prior to building occupancy, private roads and driveways which serve as requirc
for emergency vehicles shall be posted as fire lanes in accordance with the reqt
of section 17.04.020 of the Carlsbad Municipal Code.
30. Prior to the issuance of a building permit, the applicant shall obtain fire de
approval of a wildland fuel management plan. The plan shall clearly ind
methods proposed to mitigate and manage fire risk associated with native v
growing within 60 feet of structures. The plan shall reflect the standards presenl
fire suppression element of the City of Carlsbad Landscape Guidelines Manual.
3 1. Prior to occupancy of buildings, all wildland fuel mitigation activities must be (
and the condition of all vegetation within 60 feet of structures found to be in con
with an approved wildland fuel management plan.
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32. All buildings having an aggregate floor area in excess of 10,000 square feet
protected by automatic fire sprinkler systems. Plans and specifications must be :
by the fire department, and a permit obtained prior to installation.
Water:
33. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demani
met.
34. The developer shall be responsible for all fees, deposits and charges whicl-
collected before and/or at the time of issuance of the building permit. The S
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
35. Sequentially, the developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requ:
Also obtain G.P.M. demand for domestic and irrigational needs from ap
parties.
b) Prepare a colored reclaimed water use area map and submit to the
Department for processing approval.
c) Prior to the preparation of sewer, water and reclaimed water improvemen
meeting must be scheduled with the District Engineer for review, corn
approval of the preliminary system layouts and usages (i.e. - GPM - EDU
36. This project is approved upon the expressed condition that building permits wj
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are avi
the time of application for such water service and sewer permits will contin
available until time of occupancy.
37. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tl
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap
this Conditional Use Permit.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of April 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, P
Savary, and Welshons
NOES: Commissioner Monroy
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4252 -9-