HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47731
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PLANNING COMMISSION RESOLUTION NO. 4773
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 BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE CASE NO.: CUP 97-07
WHEREAS, The City of Carlsbad, “Developer” and “Owner”, has filed a
verified application regarding property described as
Approximately 397 acres north of Palomar Airport Road and
west of Palomar Airport including Assessor’s Parcel Numbers
212-041~(12-371; 212-081~[2-211; 212-082~(l-103; 212-201-
[5,7,11,12,13]
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) “A” - “H” dated June 7, 2000, on file in the Carlsbad Planning
Department, CARLSBAD MUNICIPAL GOLF COURSE, CUP 97-07, as provided by
Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of April 1998, and on
the 7th day of June, 2000 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP; and
WHEREAS, on April 1, 1998, the Planning Commission approved CUP 97-07,
as described and conditioned in Planning Commission Resolution No. 4252; and
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WHEREAS, elements of the project approved on April 1, 1998 have been
changed and or deleted and the final project design is shown on Exhibits “A” - “H” dated
June 7,200O.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Conditional Use Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAB MUNICIPAL GOLF COURSE, CUP 97-07, based
on the following findings and subject to the following conditions:
FindinPs:
1.
2.
3.
4.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the golf course will satisfy a mandate set by the
passage of Proposition M by the citizens of Carlsbad requiring the development of
recreation facilities projects including a municipal golf course; the golf course
satisfies the goals and objectives of the elements of the General Plan; and is a less
intense development than surrounding industrial and commercial land uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site has been designed to accommodate all of the components necessary for a
championship golf course without the need for variances to setbacks or height
regulations.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is designed to be compatible with
surrounding uses through the placement of buildings in areas that are set away
from existing and future uses and that the predominance of the project is groomed
and natural landscape.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site was previously approved for an
industrial subdivision and the proposal of a golf course substantially reduces the
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5.
6.
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average daily traffic which in turn lessens the burden on surrounding public
roadways.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the project is an acceptable use as
designated in the plan. The project is compatible with the projected noise levels of the
CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed
land use is compatible with the airport, in that as an open space use it will not be
adversely affected by the operations of the airport.
That the habitat loss will not preclude connectivity between areas of high habitat values,
in that there are sufficiently wide corridors provided within the design of the project.
That the habitat loss will not preclude or prevent the preparation of the City’s Habitat
Management Plan, in that the project has been designed in coordination with the
creation of the Draft City of Carlsbad Habitat Management Plan dated December
1997.
That the habitat loss has been minimized and mitigated to the maximum extent
practicable in accordance with the mitigation established by the NCCP Guidelines, in that
core and linkage areas will be enhanced through onsite re-vegetation.
That the habitat loss will not appreciably reduce the likelihood of the survival and
recovery of listed wildlife species in the wild, in that removed habitat will be replaced
at a ratio greater than 1 to 1.
Conditions:
1.
2.
3.
4.
5.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
All of the Exhibits dated April 1,199s shall be superseded by project exhibits dated
June 7,200O.
Planning Commission Resolution No. 4252 shall be superseded by this Planning
Commission Resolution No. 4773.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24” x 36” blueline drawing.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
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6. This Conditional Use Permit shall be reviewed by the Planning Director periodically to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been
met.
7. This Conditional Use Permit is granted. This permit may be revoked at any time after a
public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public’s health and welfare, or the conditions imposed
herein have not been met.
8. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4773 on the
real property owned by the Developer. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
9. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
10. The Developer shall diligently implement, or cause the implementation of, all mitigation
measures identified in the Final EIR 97-01 that are found by this resolution to be feasible.
11. The Developer shall implement, or cause the implementation of, the CARLSBAD
MUNICIPAL GOLF COURSE Project Mitigation Monitoring and Reporting Program.
12. The Developer, or their successors in interest, shall improve the project site with the
project as described in the Final EIR 97-01, except as modified by this resolution.
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13. Paleontology:
a) Prior to any grading of the project site, a paleontologist shall be retained to
perform a walkover survey of the site and to review the grading plans to
determine if the proposed grading will impact fossil resources. A copy of the
paleontologist’s report shall be provided to the Planning Director prior to issuance
of a grading permit;
A qualified paleontologist shall be retained to perform periodic inspections of the
site and to salvage exposed fossils. Due to the small nature of some of the fossils
present in the geologic strata, it may be necessary to collect matrix samples for
laboratory processing through fine screens. The paleontologist shall make
periodic reports to the Planning Director during the grading process;
The paleontologist shall be allowed to divert or direct grading in the area of an
exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts;
All fossils collected shall be donated to a public, non-profit institution with a
research interest in the materials, such as the San Diego Natural History Museum;
Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
Prior to the issuance of building permits the Developer shall prepare and record a
Notice that this property is subject to overflight, sight and sound of aircraft
operating from McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on file in the
Planning Department).
14. No grading shall be permitted from March 15 - September 30 unless otherwise
authorized by California Department of Fish and Game and U.S. Fish and Wildlife
Service.
Ewineering:
15. Prior to hauling dirt or construction materials to or fi-om any proposed construction site
within this project, the developer shall apply for and obtain approval from the City
Engineer for the proposed haul route.
Grading
16. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project appears to be required. The developer shall apply
for and obtain a grading permit from the City Engineer prior to the issuance of a building
permit.
17. Upon completion of grading, the developer shall file an “as-graded” geologic plan with
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h
the City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. This plan shall be
signed by both the soils engineer and the engineering geologist. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24”
x 36” mylar or similar drafting film format suitable for a permanent record.
18. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Dedications/Improvements
19.
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22.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall underground existing overhead utilities along the project boundary as
part of project construction.
Prior to issuance of grading permit, the developer shall submit an engineering
study, to the satisfaction of the City Engineer, which evaluates the project hydrology
and a capacity analysis of the public storm facilities. The study shall be prepared by
a registered engineer. Improvements for onsite detention or other storm drainage
improvements, if required, shall be completed to the satisfaction of the City
Engineer.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements
constructed to best management practices as referenced in the “California Storm Water
Best Management Practices Handbook” to reduce surface pollutants to an acceptable
level prior to discharge to sensitive areas. Plans for such improvements shall be
submitted to and subject to the approval of the City Engineer. Said plans shall include
but not be limited to notifying prospective owners and tenants of the following:
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b) Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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23.
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cl Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install improvements shown on the site plan and the following
improvements:
a) Sidewalk, and median paving and landscape improvements along the project
frontage on Palomar Airport Road.
W Cul-de-sac bulb improvements at the northern terminus of Palomar Oaks
Way.
Prior to issuance of a grading permit, the developer shall file and receive approval
of a parcel map application to remove and adjust lot lines to correspond with the
approved project site plan. This parcel map shall include a reservation of a 72’ wide
access easement to the undeveloped parcel (APN 212-120-33) which currently takes
access from Swift Place, hereon referred to as the “Hieatt parcel”. Installation of
improvements to this easement is not a requirement of this project.
Developer shall incorporate the design of the structural section for the access aisles
within the clubhouse parking lot with a traffic index of 5.0 in accordance with City
standards due to truck access through the parking area andlor aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City as part of the
building or grading plan review whichever occurs first.
Developer/Owner shall waive direct access rights along Palomar Airport Road by
separate document and provide proof of recordation to the City Engineer prior to the
issuance of a building permit.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 and 24 hour storm durations shall be analyzed to determine the
detention capacities necessary to accomplish the desired results.
Developer shall incorporate into the grading/improvement plans the design for the project
drainage out-fall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe-outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radically designed rip-rap, or other means deemed
appropriate, to the satisfaction of the City Engineer.
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Fire:
30.
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33.
Developer shall install street lights along all public and private street frontages abutting
and/or within the project site in conformance with City of Carlsbad standards.
Provide additional public fire hydrants at intervals of 300 feet along public streets and
private driveways. Hydrants should be located at street intersections when possible, but
should be positioned no closer than 100 feet fkom terminus of a street or driveway.
Developer shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants. The
plan should include off-site fire hydrants within 200 feet of the project.
Developer shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
Prior to the issuance of a building permit, the applicant shall obtain fire department
approval of a wildland fuel management plan. The plan shall clearly indicate the
methods proposed to mitigate and manage fire risk associated with native vegetation
growing within 60 feet of structures. The plan shall reflect the standards presented in the
fire suppression element of the City of Carlsbad Landscape Guidelines Manual.
Water:
34. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
35. The developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
36. Sequentially, the developer’s Engineer shall do the following:
4 Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and irrigational needs from appropriate
parties.
b) Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing approval.
4 Prior to the preparation of sewer, water and reclaimed water improvement plans, a
meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
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37.
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This project is approved upon the expressed condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available at
the time of application for such water service and sewer permits will continue to be
available until time of occupancy.
The project landscape design shall include irrigation with reclaimed water in
accordance with Carlsbad Municipal Water District standards and City ordinances.
If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of June, 2000 by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
\
MICHAEL J. HtiZMIL%R
Planning Director
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