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HomeMy WebLinkAbout2000-06-07; Planning Commission; Resolution 47741 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 PLANNING COMMISSION RESOLUTION NO. 4774 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO DEVELOP AN 18 HOLE CHAMPIONSHIP GOLF COURSE WITH CLUBHOUSE AND PRACTICE FACILITIES ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD AND EAST AND WEST OF COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE CASE NO: CDP 97-25 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-lo]; 212-201- [5,7,11,12,13] (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits (‘A” - “H” dated June 7, 2000, on file in the Planning Department, CARLSBAD MUNICIPAL GOLF COURSE, CDP 97-25 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of April 1998 and the 7th day of June 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 dated June 7, 2000. 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 Coastal Development Permit. 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 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 CARLSBAD MUNICIPAL GOLF COURSE, CDP 97-25 based on the following findings and subject to the following conditions: Findinps: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is in compliance with all of the development standards of the underlying zone and consistent with the intent of the individual policies of the applicable Local Coastal Program overlay zones. 2. That the project is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act in that the project is fully accessible to the public; does not interfere with the public’s right of access to the sea; public trail parking is provided; the site is not suited for water-oriented recreational activities; the site is not oceanfront land; and, the project offers recreation for the local community as well as visitors within the coastal zone. 3. That grading from October 1 to February 14 is the preferred season in that grading operations during the summer months will conflict with the breeding season of the California gnatcatcher. 4. That consistent with the intent of a no-net-loss of dual criteria slopes, 13.1 acres of “dual-criteria” slopes within the project site but outside of the Coastal Zone are being preserved, 42.3 acres of slopes less than 25% but with habitat are being preserved, and a re-vegetation plan will be implemented as part of an overall mitigation program which will include the restoration of 1.04 acres of habitat on slopes in the Coastal Zone which are greater than 25%. 5. That significant enhancement of the riparian vegetation in the creek bed, off-site mitigation and avoidance of the .22 acres of fresh water marsh is consistent with the Local Coastal Program goal to provide the best wildlife habitat characteristics. 6. That a restriction on grading during the winter rainy season (October 1 - April 1) in addition to a restriction during the gnatcatcher breeding season (February 15 - August 31) makes the project infeasible in that no reasonable annual time period remains in which a project of this scope could be completed. 7. That implementation of the project mitigation measures will result in a net gain of coastal slopes with significant habitat through the preservation and restoration of PC RESO NO. 4774 -2- 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 un-developable and otherwise developable slopes which is consistent with the intent of the Coastal Resource Protection overlay zone policy to protect slopes. 8. That the project is designed to include erosion control (Chapter 21.203.040(R)(4) consistent with the intent of the Coastal Resource Protection overlay zone policy. Conditions: . 1. 2. 3. 4. 5. 6. 7. 8. 9. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the 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. 4255 shall be superseded by this Planning Commission Resolution No. 4774 The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. All offsite, downstream improvements shall be constructed prior to the issuance of a grading permit. Improvements shall be inspected and certified as adequate and in compliance with the requirements of the Carlsbad Master Drainage Plan and the additional requirements of the PM zone. The improvements shall be maintained during construction of the onsite improvements. The facilities shall be inspected prior to onsite construction or grading and indicate if such facilities assure continued maintenance. No onsite development may take place prior to acceptance of the drainage improvements. Construction activities shall be planned so that grading will occur in units that can be easily completed without disturbance to gnatcatchers during their breeding season (March 15 - September 30). All areas disturbed by grading shall be planted within 60 days of the initial disturbance and with temporary or permanent (in the case of finished slopes) erosion control methods. Exposure of earth changes and natural vegetation removal shall be kept at a minimum. PC RESO NO. 4774 -3- 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 10. 11. 12. Soil erosion control practices shall be used against “onsite” soil erosion. These include keeping soil covered with temporary or permanent vegetation or with mulch materials, special grading procedures, diversion structures to divert surface runoff from exposed soils, and grade stabilization structures to control surface water. “Sediment control” practices shall be applied as a perimeter protection to prevent offsite drainage. Preventing sediment from leaving the site shall be accomplished by such methods as diversion ditches, sediment traps, vegetative filters, and sediment basins. The project shall be re-designed to avoid all impacts to fresh water marsh. 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: Planning Director PC RESO NO. 4774 -4-