HomeMy WebLinkAbout2002-11-06; Planning Commission; Resolution 53101
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PLANNING COMMISSION RESOLUTION NO. 5310
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FAIRWAYS WITHIN THE LA COSTA GOLF COURSE ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL BETWEEN ARENAL DRIVE AND LA COSTA
CASE NAME: LA COSTA GOLF COURSE GRADING
CASE NO: SUP 02-06
WHEREAS, KSL, La Costa Golf Course Association, “Developer/Owner,” has
SPECIAL USE PERMIT - FLOODPLAIN TO MODIFY THE
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6.
filed a verified application with the City of Carlsbad regarding described as:
A portion of Section 35, Township 12 South, Range 4 West,
San Bernardino Meridian, according to official plat thereof, all
in the City of Carlsbad, County of San Diego, State of
California
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Us
Permit as shown on Exhibit “A” dated November 6, 2002, on file in the Planning Department
LA COSTA GOLF COURSE GRADING SUP 02-06, by Chapter 21.1 10 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 6th day of November, 2002
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 Special Use Permit SUP 02-06;
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA GOLF COURSE GRADING, SUP 02-06, based on
the following findings and subject to the following conditions:
FindinPs:
1. That the golf course holes are a compatible recreational use within the floodplain in
that golf-related improvements may be inundated by periodic flooding without
adverse impact.
2. The project is consistent with the City’s General Plan in that it provides for the
continued function of an existing open space recreational facility.
3. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures.
4. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100-year frequency storm event.
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
6. The proposed project taken together with all the other known, proposed and anticipated
projects will not increase the water surface elevation of the base flood more than one foot
at any point.
Conditions:
1. If any of the following 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 Special Use Permit - Floodplain.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RES0 NO. 53 10 -2-
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4.
5.
6.
7.
8.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Special Use Permit -
Floodplain, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein.
Prior to the issuance of the grading 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 Special Use Permit - Floodplain by Resolution No. 5310
on the property. 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.
Developer shall install permanent landscape and irrigation to the disturbed area
immediately after the soil has been disturbed by the re-grading. Developer shall
ensure that no erosion takes place.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant 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 or City right-of-
way. 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:
A. 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
PC RES0 NO. 53 10 -3-
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Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 53 10 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 6th day of November, 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, White, and Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTN None
CARLSBAD PLANNI~G COMMISSION
ATTEST:
MICHAEL J. HXZMKLER
Planning Director
PC RES0 NO. 53 10 -5-