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Home My WebLink About1998-08-19; Planning Commission; Resolution 43465 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 e e PLANNING COMMISSION RESOLUTION NO. 4346 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE ’ MODIFICATION OF A FAIRWAY AND THE DRIVING RANGE ON THE LA COSTA GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE.NAME: LA COSTA GOLF COURSE IMPROVEMENT PROJECT. CASE NO: SUP 98-05 WHEREAS, La Costa Resort and Spa, “Developer”, has filed a application with the City of Carlsbad regarding property owned by La Costa Resort f “Owner”, described as The La Costa Golf Course Assessor’s Parcel #216-130-67, North of La Costa Avenue. (‘the Property”); and WHEREAS, said verified application constitutes a request for a F: Special Use Permit as shown on Exhibit(s) “A”-“C”, dated August 19, 1998, on fi Planning Department, LA COSTA GOLF COURSE IMPROVEMENT PROJECT, 05, as provided by Chapter 2 1.1 10 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of August, 1 a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all 1 and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the Floodplain Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. a 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 B) That based on the evidence presented at the public hearing, the Con APPROVES LA COSTA GOLF COURSE IMPROVEMENT PRI SUP 98-05, based on the following findings and subject to the f conditions: FindinEs: 1. The project is consistent with the City’s General Plan as it provides continued functioning of an existing open space recreation facility. 2. The project would not adversely affect or unduly hinder, restrict, or alter tl carrying function of the floodplain or adversely affect surrounding developn 3. The Planning Director has determined that the project is exempt fiom the require the California Environmental Quality Act, CEQA, per sections of the statc guidelines and will have not have any adverse significant impact on the envirom 4. The applicant’s engineer has certified pursuant to Section 21.110.200(1 Carlsbad Municipal Code that the project will not result in any significant in flood levels during the occurrence of the base flood discharge and the prc not have a significant effect on the 100-year floodplain elevation. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Special Use Permit document(s) necessary to m; internally consistent and in conformity with final action on the project. Dev shall occur substantially as shown in the approved Exhibits. Any proposed dev different from this approval, shall require an amendment to this approval. 2. The developer shall comply with all applicable provisions of federal, state : ordinances in effect at the start of construction. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, de hold harmless the City of Carlsbad; its council members, officers, employees, a€ representatives, from and against any and all liabilities, losses, damages, claims, and costs, including court costs and attorney’s fees incurred by the Cit directly or indirectly, fiom (a) City’s approval and issuance of this Special Us (b) City’s approval or issuance of any permit or action, whether discretionar discretionary, in connection with the use contemplated herein, Developer/Operator’s installation and operation of the facility permitted including without limitation any and all liabilities arising from the project. 4. Prior to the start of construction, Developer shall submit to the City a 3 Restriction to be filed in the office of the County Recorder, subject to the satis the Planning Director, notifying all interested parties and successors in interes PC RES0 NO. 4346 -2- 0 0 1 2 3 4 I I City of Carlsbad has issued a Floodplain Special Use Permit by Resolution No. property description, location of the file containing complete project details conditions of approval as well as any conditions or restrictions specified for inc the Notice of Restriction. The Planning Director has the authority to execute ar an amendment to the notice which modifies or terminates said notice upon a sh, good cause by the Developer or successor in interest. I the real property owned by the Developer. Said Notice of Restriction shall 5 II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The applicants shall secure the appropriate permits and approvals from all agencies affected by the modifications to the fairway and driving range. A co] required permits shall be submitted to the Planning Director prior to the construction. Engineering Conditions 6. Prior to hauling dirt or construction materials to or from any proposed construl within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condi requirements the City Engineer may impose with regards to the hauling operatior 7. Grading for this project shall occur between April 15 and November 15. General Conditions 8. If any of the foregoing conditions fail to occur; or if they are, by their ten implemented and maintained over time, if any of such condition fail t implemented and maintained according to their terms, the City shall have tht revoke or modify all approvals herein granted; deny or further condition issua future building permits; deny revoke or further condition all certificates of o issued under the authority of approvals herein granted; institute and prosecute lit 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 Floodplain Special Use Permit. Standard Code Reminders 9. This approval shall become null and void if construction is not started for th within 18 months from the date of project approval. 10. Approval of this request shall not excuse compliance with all applicable sectio: Zoning Ordinance and all other applicable City ordinances in effect at time issuance, except as otherwise specifically provided herein. .. . ~ ~ ... PC RES0 NO. 4346 -3 - I a 8 NOTICE 2 “fees/exactions.” 3 Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for convel 4 5 6 7 8 9 10 11 12 You have 90 days from the date of final Planning Commission approval to protest in of these feedexactions. If you protest them, you must follow the protest procedure set Government Code Section 66020(a), and file the protest and any other required informal the City Manager for processing in accordance with Carlsbad Municipal Code Section : Failure to timely follow that procedure will bar any subsequent legal action to attack, re aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I zoning, grading or other similar application processing or service fees in connection . project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously c expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the 13 following vote, to wit: 14 Commission of the City of Carlsbad, California, held on the 19th day of August, 199 15 16 AYES: Chairperson Noble, Commissioners Compas, Heineman, b Nielsen, Savary, and Welshons 17 20 19 ABSENT: 18 NOES: ABSTAIN: 21 %@%, /3 ‘a <Q :: ?, f>:&;>{$z =x>. ‘<> ,X? L **‘ i ii x... 4 ,k3 [g+ij &~~&Q&@ ‘2. .: %Gs 22 CARXSB-AD ~ANNING COMMISSION 23 %k&E< NO&, Chairperson 24 25 ATTEST: 26 27 MICHAEL J. HO~MIE~ER 28 /I PC RES0 NO. 4346 -4-