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HomeMy WebLinkAbout2010-09-15; Planning Commission; Resolution 6719PLANNING COMMISSION RESOLUTION NO. 6719 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 09-03 TO SUBDIVIDE 504.7 ACRES 3 INTO SIX GOLF COURSE LOTS, THREE FUTURE DEVELOPMENT LOTS, AND ONE FUTURE PARK LOT ON 4 PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 5 AIRPORT ROAD, EAST AND WEST OF COLLEGE BOULEVARD, AND SOUTH OF FARADAY AVENUE 6 WITHIN THE BOUNDARIES OF THE CITY OF CARLSBAD MUNICIPAL GOLF COURSE IN LOCAL FACILITIES 7 MANAGEMENT ZONES 5 AND 8. CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE 8 MAPPING 9 CASE NO.: CT 09-03 10 WHEREAS, the City of Carlsbad, "Developer and Owner," has filed a verified application regarding property described as; 12 Lots 50 through 76 and the "Remainder Parcel" of Carlsbad Tract CT 13 81-46 Unit 3 per Map No. 11289 filed July 16, 1985, together with Lots 1 through 26 of Carlsbad Tract CT 85-17 per Map No. 12903 filed 14 December 13, 1991, together with a portion of Lot F and a portion of Lot G of Rancho Agua Hedionda per Map No. 823 filed November 16, 1896, all in the County of San Diego, State of California, all maps filed in the 15 Office of the County Recorder of San Diego County 17 ("the Property"); and 1 R0 WHEREAS, said verified application constitutes a request for a Tentative Tract 19 Map as shown on Exhibits "A"-"J," dated September 15, 2010, on file in the Planning 20 Department CARLSBAD MUNICIPAL GOLF COURSE MAPPING - CT 09-03, as 21 „„ provided by Chapter 20.12 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on September 15, 2010, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 t- B) That based on the evidence presented at the public hearing, the Commission APPROVES CARLSBAD MUNICIPAL GOLF COURSE MAPPING - CT 6 09-03, based on the following findings and subject to the following conditions: Findings: o 1. That the proposed map and the proposed design and improvement of the subdivision as n conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 10 Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the staff report, the lots created through the tentative map satisfy all the minimum requirements of Titles 20 and 21 and have been designed to comply with other applicable regulations including the Growth Management Ordinance, Open Space 13 and the Planned Industrial and Office zones. 14 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for industrial and Travel Recreation Commercial development and Open Space on the General Plan, in that the map ... subdivides the property according to the existing onsite uses and establishes individual lots for the golf course clubhouse, driving range, maintenance building, 17 fairways and greens, and creates separate lots for three future development pads as well as Veterans' Memorial Park. 18 3. That the site is physically suitable for the type of the development in that six of the lots are fully developed as a municipal golf course, three are vacant future development pads and will be developed consistent with the development standards of the Planned Industrial (P-M) or Office (O) zones, and one lot is a future park site. 21 4. That the design of the subdivision or the type of improvements will not conflict with 22 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the subdivision is designed to coordinate with all existing onsite conditions and concurrent with the recordation of the final map, the development will vacate and adjust any easements that conflict with the proposed development. 25 5. That the property is not subject to a contract entered into pursuant to the Land 26 Conservation Act of 1965 (Williamson Act). 27 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that future structures may be oriented in an east-west alignment for southern exposure, and to take advantage of shade or prevailing breezes; PCRESONO. 6719 -2- 7. That the Planning Commission is not required to consider, in connection with this 2 subdivision, the housing needs of the region, and the balance of those housing needs against the public service needs of the City and available fiscal and environmental 3 resources since no housing is proposed with this subdivision. 4 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that no development is proposed nor will development of undisturbed 5 and/or preservation areas be allowed by this property subdivision. 7 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that all required 8 BMPs are currently in place and functioning. 10. The Planning Commission finds that the project, as conditioned herein, is in IQ conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated September 15, 2010 including, but not limited to the following: 11 That the Carlsbad Crossings Municipal Golf Course is consistent with the Open Space and Conservation Element of the General Plan since golf courses are 12 Category 3: Outdoor Recreation Open Space and the net increase in General Plan .,, Open Space will be 186.53, a golf course development is a recreational use encouraged for the Open Space Land Use designation. The PI/O designation will 14 provide opportunities for a wider variety of industrial and office uses and are compatible with surrounding OS uses. 15 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 5 and 8 and all City public facility policies and 17 ordinances. The project has through previous approval of the Conditional Use Permit CUP 97-07 constructed or has provided funding to ensure that all facilities and 18 improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative 1" facilities; and open space, related to the project serves new development prior to or ~~ concurrent with need. 21 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 22 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 24 13. This project has been conditioned to comply with the conditions and requirements 25 approved as part of the Local Facilities Management Plan for Zones 5 and 8. 26 15. That all necessary public facilities required by the Growth Management Ordinance have been constructed or are guaranteed to be constructed concurrently with the need for them 2' created by this project and in compliance with adopted City standards. 28 16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PCRESONO. 6719 -3- 17. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 6 a Final Map for CT 09-03. 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 9 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 10 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 12 or a successor in interest by the City's approval of this Tentative Tract Map. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development . - shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. 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 20 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. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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 Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or 25 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 27 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PCRESONO. 6719 -4- 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Tentative Map reflecting the conditions approved by the final decision-making body. 3 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 5 and 8 Local Facilities Management Plans and any amendments made to that Plan prior to the issuance of building permits. 7 10. This approval is granted subject to the approval of GPA 09-06, ZC 09-07, LCPA 09-06, SP 181(G), and SP 199(B) and is subject to all conditions contained in Planning 9 Commission Resolution No. 6715, 6716, 6717, and 6718 for those other approvals incorporated herein by reference. 10 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 12 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 13 Local Facilities Management Plan fee for Zones 5 and 8, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, *4 this approval will not be consistent with the General Plan and shall become void. 12. Prior to the recordation of the Final Map for CT 09-03, Developer shall submit to the 16 City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction 17 of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map by Resolution No. 6719 on the property. Said Notice of Restriction shall note the property description, location of the 19 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 20 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. 22 13. Building permits will not be issued for this project unless the local agency providing 23 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 24 time of the application for the building permit, and that water and sewer capacity and j, facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 26 14. Prior to recordation of the Final Map for CT 09-03, the Developer shall apply for and 27 obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning PCRESONO. 6719 -5- Director. If the approval is substantially different, an amendment to the map shall be 2 required 3 15. Developer shall implement, or cause the implementation of, the CARLSBAD MUNICIPAL GOLF COURSE - EIR 97-01 Project Mitigation Monitoring and Reporting Program. 16. Prior to the recordation of the final tract map or the issuance of building permits, 6 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar 7 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).o 9 17. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document 1 0 with the Planning Director. 18. This tentative map shall expire three years from the date on which the Planning ^2 Commission voted to approve this application. 13 19. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 14 20. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 16 permit issuance, except as otherwise specifically provided herein. 17 NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 19 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 20 ~ i You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 22 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 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, 26 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. PCRESONO. 6719 -6- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 15, 2010, by the following vote, to wit: AYES: Chairperson Douglas, Commissioners Baker, L'Heureux, Nygaard, and Schumacher NOES: ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FARRAHt3*eOUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: QL.TL DON NEU Planning Director PCRESONO. 6719 -7-