HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6941
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO RENOVATE THE
SOUTH GOLF COURSE AT LA COSTA RESORT & SPA, ON
PROPERTY GENERALLY LOCATED NORTH OF LA COSTA
AVENUE AND EAST OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT GOLF COURSE
GRADING
CASE NO: SUP 12-01
WHEREAS, LC Investment 2010, Inc., “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 of Carlsbad Tract No. 03-01, La Costa Resort and Spa, in
the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14984, recorded in the Office of
the County Recorder, San Diego County, California, on March 18, 2005
("the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain
Special Use Permit as shown on Exhibits “A” - “T” dated January 30, 2013, on file in the
Planning Division, SUP 12-01 – LA COSTA RESORT GOLF COURSE GRADING, as
provided by Chapter 21.110 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on January 30, 2013, 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 Floodplain Special Use Permit.
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.
PLANNING COMMISSION RESOLUTION NO. 6941
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES SUP 12-01 – LA COSTA RESORT GOLF COURSE
GRADING, based on the following findings and subject to the following
conditions:
Findings:
1. The site is reasonably safe from flooding in that the renovations proposed to the south
golf course will not increase the base flood elevation of the creek.
2. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that no renovations are proposed to any existing or
proposed structures.
3. The proposed project does not create a hazard for adjacent or upstream properties or
structures in that the renovation to the south golf course does not increase the base
flood elevation of the creek.
4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the renovation to the south golf course does
not increase the base flood elevation of the creek.
5. The proposed project does not reduce the ability of the site to pass or handle a base flood
of 100-year frequency in that the project does not change the hydraulic capacity of the
creek.
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 in that the project does not change the channel characteristics which
would cause an increase in the flood elevation.
7. That That the City Planner has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities,
of the state CEQA Guidelines. In making this determination, the City Planner has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
to this project.
8. 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.
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
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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; 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
or a successor in interest by the City’s approval of this Special Use Permit.
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 grading permit issuance.
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
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.
5. 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, (b) City’s
approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (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.
6. This approval shall become null and void if grading permits are not issued for this project
within 18 months from the date of project approval.
7. Approval is granted for SUP 12-01 as shown on Exhibits “A” – “P,” dated January 30,
2013, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
8. Prior to the issuance of the grading permit, Developer shall submit to the 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 of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
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has issued a Special Use Permit by Resolution No. 6941on 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 City 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 successor in interest.
9. Prior to the issuance of a grading permit the developer shall submit for the review and
approval of the City Planner and City Engineer a plan for the staging of vehicles and
equipment during construction. The staging areas shall be located in areas which
minimize the impacts to adjacent residential land uses to the maximum extent feasible.
The approved staging area plan shall be included in the set of grading plans.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a grading
permit.
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
Fees/Agreements
11. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
Grading
12. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports for city engineer review, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
13. In addition to estimated volumes of cut and fill, the grading plan shall show
estimated volumes and/or area quantities of materials (soil amendments, bunker
sand, turf, etc.) to be imported and/or exported from the site.
14. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
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stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
15. Developer shall submit to the city engineer receipt of a Notice of Intent from the State
Water Resources Control Board.
16. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measure to
reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
17. Developer is responsible to ensure that all final design plans (grading plans, landscape
plans, etc.) incorporate all source control, site design, and Low Impact Design (LID)
facilities.
18. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
19. A registered professional engineer shall submit technical studies and certification
demonstrating that the proposed grading and improvements will not result in any
increase in flood levels during the occurrence of the base flood discharge to the
satisfaction of the city engineer.
20. The developer shall submit evidence of approval from the Leucadia Wastewater
District regarding grading within Leucadia Wastewater easements to the
satisfaction of the city engineer.
Code Reminders:
21. 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
permit issuance, except as otherwise specifically provided herein.
22. All operations conducted on the site or adjacent thereto, including warming up, repair,
arrival, departure or operation of trucks, earthmoving equipment, construction equipment
and any other associated grading equipment shall be limited to the period between 7:00
a.m. and sunset each day, Monday through Friday. No earthwork or grading operations
shall be conducted on weekends or holidays.
. . .
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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 fees/exactions. 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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on January 30, 2013 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Arnold, L'Heureux,
Montgomery, Schumacher and Scully
Commissioner Black
KEkRY K SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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