HomeMy WebLinkAbout2012-01-04; Planning Commission; Resolution 68525
^ PLANNING COMMISSION RESOLUTION NO. 6852
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING, FOR
THAT PORTION OF THE PROJECT SITE WHICH IS WITHIN
4 THE COASTAL ZONE, A COASTAL DEVELOPMENT
PERMIT TO SUBDIVIDE 504.7 ACRES INTO SIX GOLF
COURSE LOTS, THREE FUTURE DEVELOPMENT LOTS,
6 AND ONE FUTURE PARK LOT ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
7 ROAD, EAST AND WEST OF COLLEGE BOULEVARD, AND
SOUTH OF FARADAY AVENUE WITHIN THE
BOUNDARIES OF THE CITY OF CARLSBAD MUNICIPAL
9 GOLF COURSE IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
10 CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
MAPPING
11 CASE NO: CDP 11-19
WHEREAS, The City of Carlsbad, "Developer and Owner," has filed a verified
appiication with the City of Carlsbad regarding property described as
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Lots 50 through 76 and the "Remainder Parcel" of Carlsbad
15 Tract CT 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 December 13, 1991, together with a
]7 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
1S County of San Diego, State of California, all maps filed in the
Office of the County Recorder of San Diego County
20 ("the Property"); and
21 WHEREAS, said verified application constitutes a request for a Coastal
22 Development Permit as shown on Exhibits "A" - "J" dated January 4, 2012, attached hereto
^•^ and on file in the Carlsbad Planning Division, CARLSBAD MUNICIPAL GOLF COURSE
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MAPPING CDP 11-19, as provided in Chapter 21.81.040 ofthe Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on January 4, 2012, hold a duly
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2y noticed public hearing as prescribed by law to consider said request; and
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^ WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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^ relating to the Coastal Development Permit.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad, as follows:
7 A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES CARLSBAD MUNICIPAL GOLF COURSE MAPPING - CDP
11-19, based on the following findings and subject to the following conditions:
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Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project site does not include agricultural
land; the project is further consistent with the policies of the Coastal Act in that the
lots created by the subdivision correspond with the Local Coastal Program land
14 uses of Open Space (OS) and Planned Industrial/Office (PM/O) which also coincide
with the various physical elements of the existing golf course, the three future
15 development lots for PI/O uses, and the one lot for a public park; and a) the site is
geologically stable; b) the project has been designed to reduce the amount of runoff
off-site through the use of Low Impact Development (LID) design features and has
] 7 been conditioned to implement the National Pollution Discharge Elimination System
(NPDES) standards; c) the project meets the parking requirements of the zoning
18 ordinance; d) the project does not preclude any recreational opportunities or
shoreline access as the property is not a shorefront property; and e) the
1^ development does not obstruct views of the coastline as seen from public lands or
2Q public rights-of-way.
2\ 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is located approximately 3,800 feet from the Agua
22 Hedionda Lagoon and 6,800 feet from the Pacific Ocean, and therefore, no coastal
access or water-oriented recreational activities exist on or near the site.
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2^ 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
25 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
26 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is impacted by the project and the site is not
2^ located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
2^ liquefaction. No physical disturbance is included with the subdivision and therefore
no impacts to coastal resources are possible.
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4. The Planning Commission has determined that:
2 a. the project is a subsequent activity of a project for which a program EIR was
prepared, and a notice for the activity has been given, which includes statements
3 that this activity is within the scope of the program approved earlier, and that the
program EIR adequately describes the activity for the purposes of CEQA)
4 [15168( c)(2) and (e)];this project is consistent with the project cited above;
b. EIR 97-01 was certified in connection with the prior project or plan;
c. the project has no new significant environmental effect not analyzed as significant
5 in the prior EIR;
d. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
7 under CEQA Guidelines Sections 15162 or 15163 exist;
5. The Planning Commission has reviewed each of the exactions imposed on the Developer
g 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
10 degree ofthe exaction is in rough proportionality to the impact caused by the project.
11 Conditions:
12 General
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
14 CT 09-03 as a final map.
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15 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
] J 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
18 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
1 ^ 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 Coastal Development Permit.
21 2. Staff is authorized and directed to make, or require the Developer to make, al! corrections
and modifications to the Coastal Development Permit documents, as necessary to make
22 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
2-^ development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
25 regulations in effect at the time of building permit issuance.
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26 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
2g 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.
PC RESO NO. 6852 -3-
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^ 5. Developer shall implement, or cause the implementation of, the Carlsbad Municipal
2 Golf Course EIR 97-01 Project Mitigation Monitoring and Reporting Program.
3 6. 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
4 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development
6 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
7 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including 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.
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7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy ofthe
11 Tentative Map reflecting the conditions approved by the final decision-making body.
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Developer shall include, as part of the plans submitted for any permit plancheck, a
13 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
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9. Prior to the issuance of a building permit, the Developer shall provide proof to the
15 Director from the Carlsbad Unified School District that this project has satisfied its
I g obligation to provide school facilities.
17 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
18 that Plan prior to the issuance of building permits.
11. Prior to the recordation of the final map for CT 09-03, Developer shall submit to the City
2Q 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 of the
21 City Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Coastal Development Permit by Resolution No. 6852 on the
22 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 City
24 Planner 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
25 successor in interest.
26 12. This approval is subject to all conditions contained in Plaiming Commission Resolution
No. 6719 for CT 09-03 incorporated herein by reference.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on January 4, 2012, by the following vote,
to wit:
AYES:
NOES:
Chairperson Schumacher, Commissioners Black, L'Heureux,
Nygaard, Scully and Siekmann
ABSENT: Commissioner Arnold
ABSTAIN:
MICHAEL SCHUMACHER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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