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HomeMy WebLinkAbout2002-11-06; Planning Commission; Resolution 53101 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. 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. 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 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- 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 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- 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 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. ... ... ... ... ... ... PC RES0 NO. 53 10 -4- 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 20 27 28 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-