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HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6941 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 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 PC RESO NO. 6941 -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 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 PC RESO NO. 6941 -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 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 PC RESO NO. 6941 -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 26 27 28 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 PC RESO NO. 6941 -5- 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 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. . . . PC RESO NO. 6941 -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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 2 3 4 5 6 7 8 9 10 II 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 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 PC RESO NO. 6941 -7-