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2012-01-04; Planning Commission; ; CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. © P.C. AGENDA OF: January 4, 2012 Application complete date: 10/13/2011 Project Planner: Christer Westman Project Engineer: Frank Jimeno SUBJECT: CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING - Request for a determination that the project is within the scope of the previously certified City of Carlsbad Municipal Golf Course Program EIR (EIR 97-01); and approval, for that portion of the project site which is within the coastal zone, of Coastal Development Permit CDP 11-19 to subdivide 504.7 acres into six golf course lots, three fiiture development lots, and one future park lot on property generally located north of Palomar Airport Road, east and west of College Boulevard, and south of Faraday Avenue within the boundaries of the City of Carlsbad Municipal Golf Course in Local Facilities Management Zones 5 and 8. I. RECOMMENDATION That the Planning Commission make a determination that the project is within the scope of the previously certified City of Carlsbad Municipal Golf Course Program EIR (EIR 97-01) and ADOPT Planning Commission Resolution No. 6852 APPROVING Coastal Development Permit CDP 11-19 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The Califomia Coastal Act states that the subdivision of property is development within the coastal zone and all development within the coastal zone must be analyzed for compliance with the goals and policies of the Local Coastal Program through the issuance of a Coastal Development Permit. The single Coastal Development Permit (CDP) application associated with this project is a required follow-up action of the Califomia Coastal Act to a tentative map (CT 09-03) approved by the City in September 2010 since a Coastal Development Permit was not processed concurrently with the tentative map. At the time of map approval, the Coastal Commission intended to review the subdivision as an amendment to their original Coastal Development Permit. However, the current direction is for the City to issue a new and separate Coastal Development Permit. Review and analysis of the Coastal Development Permit for the subdivision of the property is not to determine if a golf course should be approved at this location or if the golf course and related uses are compatible with adjacent uses. The Crossings at Carlsbad golf course has been in operation since 2006 and compatibility was established through the approval of the original golf course CUP 97-07 and certification of the Carlsbad Municipal Golf Course EIR 97-01 in 2000. The project consists of the subdivision of the property into ten lots. CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4, 2012 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The Carlsbad Municipal Golf Course was first approved in June 2000 and ultimately constmcted as The Crossings at Carlsbad in 2006. In September 2010 CT 09-03 was approved which subdivided the golf course property into individual lots that are coordinated with the various elements of the golf course and the future Veterans' Memorial Park and satisfies the implementation of the property financing, allows for the separation and possible sale of three individual development lots that are designated for Office/Planned Industrial (8.2 acre Lot 4; 12.9 acre Lot 5; and, 2.7 acre Lot 9) and one remainder lot (0.8 acre) that are not a part of the golf course itself, and also establishes clear separation of properties on the General Plan and Zoning maps as either Open Space or Office/Planned Industrial. Two of the three non-golf course lots are located on College Boulevard. One is on the north side of the street at the eastem edge of the golf course and the second is on the south of the street and is also at the eastem edge of the golf course. The third non-golf course lot is at the end of The Crossings Drive west of the golf course clubhouse adjacent to the water tower. The remainder lot is adjacent to the Callaway Golf testing facility. Lot 1 (7.5 acres) is defined by the clubhouse and parking lot. Lot 2 (11.1 acres) is defined by the driving range. Lot 3 is a 1.7 acre maintenance yard. The 7.1 acre Lot 4 and 11.4 acre Lot 5 are intended for future development with Office/Planned Industrial uses. No development plans are on file at this time for either lot. Lots 6 and 7 constitute the majority of the golf course, are 268.7 acres together, and include all 18 holes. Lot 8 is a small 0.1 acre preservation property on the north side of Cannon Road. Lot 9 is another future Office/Planned Industrial development lot and is 2.7 acres. Lot 10 is defmed by the boundaries of the fiiture Veterans' Memorial Park and is 94.4 acres. IV. ANALYSIS The proposed Coastal Development Permit is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan Office (O), Open Space (OS), and Planned Industrial (PI) Land Use designation regulations; B. Office (O), Open Space (OS), and Planned Industrial (P-M) (Chapters 21.27, 21.33, and 21.34 ofthe Carlsbad Municipal Code); C. Subdivision Map Act and City of Carlsbad Subdivision regulations (Title 20 of the Carlsbad Municipal Code); D. McClellan-Palomar Airport Land Use Compatibility Plan E. Local Coastal Program; Mello II Segment; Coastal Resource Protection Overlay Zone; and F. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code). The recommendation for approval of the project action was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4,2012 Page 3 A. Carlsbad General Plan: Office (O), Open Space (OS), and Planned Industrial (PI) Land Use Designations The project's existing General Plan land use designations place all of the lots that constitute the golf course and future Veterans' Memorial Park into a permanent Open Space (OS) land use designation. The type of Open Space varies from the preservation of natural resources to outdoor recreation. The three lots that are for future development are designated as a combination of Office and Planned Industrial. According to the General Plan, development proposals on properties that are designated as a combination district must be processed by a Site Development Plan (SDP) if they are less than 25 acres in size. Since each of the three 0/PI designated lots are less than 25 acres in size, each future development proposal will require review and approval of an SDP. The project complies with all elements of the General Plan as discussed in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use The Open Space Land Use designation has a variety of classifications. Among them are recreational uses. The golf course and future Veterans' Memorial Park developments are recreational uses encouraged for the Open Space Land Use designation. Yes Land Use To provide industrial lands, which can accommodate a wide range of industrial uses while minimizing impacts to surrounding land uses. The 0/PI designations provide opportunities for a wider variety of industrial and office uses and are compatible with surrounding OS uses. Yes Public Safety Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with public safety requirements. Yes Open Space & Conservation, continued Maintain an inventory of Open Space. The Open Space will be defined by separate lots. Yes CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4, 2012 Page 4 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water quality. The existing golf course has been designed in accordance with the City storm water regulations and future development of the 0/PI designated lots and Veterans' Memorial Park will conform to all NPDES requirements and will be designed in accordance with the City's stormwater regulations. Future development of the lots will be conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the Califomia Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. Yes Noise Assess compatibility with the ALUCP land use matrix and Noise Manual Noise Standards Golf is not affected by the airport noise. Office and related buildings must be attenuated to an interior noise level of 50 dB CNEL and fiitiire SDPs will be appropriately conditioned. Yes Circulation Require new development to constmct all roadways needed to serve the development. No improvements to public roadways will be required for the subdivision. Yes B. Office (O), Open Space (OS) and Planned Industrial (P-M) Zone (Chapters 21.27, 21.33 and 21.34 ofthe Carlsbad Municipal Code) A total of 483.50 acres of the project site are designated as Open Space since the majority of the site is The Crossings at Carlsbad golf course and the future Veterans' Memorial Park. The use of the property as a golf course and public park is consistent with the intent and purpose of the Open Space Zone in that this zone should provide for recreational uses, should contribute to the City's comprehensive open space system, and should protect areas set aside and preserved as biological resources. CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4, 2012 Page 5 Three parcels (21.2 acres) are designated as Office (0)/Planned Industrial (P-M). These three parcels are located along the periphery of the golf course. Two are located on College Boulevard (Lots 4 and 5 of CT 09-03) and the third off of The Crossings Drive (Lot 9 of CT 09-03). Futiire development of these lots is subject to the development standards of the Office and/or Plarmed Industrial zones (Chapters 21.27 and 21.34 respectively of the Carlsbad Municipal Code). C. Subdivision Map Act and City of Carlsbad Subdivision regulations (Title 20 of the Carlsbad Municipal Code) The Subdivision Ordinance, Title 20 of the Municipal Code, requires the filing of a tentative tract map for the subdivision of property into five or more lots. Tentative Tract Map CT 09-03 was approved by Planning Commission Resolution No. 6719 on September 15, 2010 for the subdivision of the property into six golf course lots, three future development lots, and one future park lot on 504.7 acres. All of the necessary findings that the subdivision is consistent with the Subdivision Map Act and Title 20 of the Carlsbad Municipal Code were made at that time. As designed and conditioned, the Tentative Tract Map complies with all City requirements, including the Subdivision Ordinance and the State Subdivision Map Act. The project as conditioned provides all necessary improvements and all findings required by Title 20 can be made and are contained in the Planning Commission Resolution 6719 for CT 09-03. D. McClellan-Palomar Airport Land Use Compatibility Plan The golf course property is located near the McClellan-Palomar Airport and future development of vacant lots within the project area is therefore generally subject to the noise and safety compatibility policies of the Airport Land Use Compatibility Plan (ALUCP) adopted in March 2010. However, the approval of The Crossings golf course was granted under the provisions of the previous Comprehensive Land Use Plan (CLUP). Because this CDP is a follow-up action to the original approval, it is also subject to the provisions of the CLUP and has been determined to be compatible with the airport operations. Future development of the vacant Office/Planned Industrial lots will be reviewed for consistency and compatibility with the Land Use Compatibility Plan adopted in March 2010. E. Local Coastal Program; Mello II Segment; Coastal Resource Protection Overlay Zone The Carlsbad Municipal Golf Course was approved and developed per an approved Coastal Development Permit (A-6-CII-00-087) issued by the Califomia Coastal Commission. Other than the subdivision of the property, this project does not include any fiirther development or changes to the existing physical golf course development. The lots created by the subdivision correspond with the Local Coastal Program land uses of Open Space (OS) and Office/Planned Industrial (0/PI) which also coincide with the various physical elements of the existing golf course, the three future development lots for 0/PI uses, and the one lot for a public park. Future development of any of those four lots shall require approval of a Coastal Development Permit (CDP) and a finding of consistency with the City's coastal regulations. CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4, 2012 Page 6 The project is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 ofthe Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, and habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concem is discussed below: a. Preservation of Steep Slopes and Vegetation. Natural slopes greater than 25% gradient and possessing endangered plant/animal species and/or coastal sage scmb and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. Topographic and vegetation analysis was prepared for the golf course project when it was approved by the Califomia Coastal Commission. No further development is proposed with this application. All slopes and vegetation within the project site will be further protected through the land use and zoning designation of Open Space. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation analysis was prepared as part of the project when Coastal Development Permit (A-6-CII-00-087) was approved by the Califomia Coastal Commission. Habitat boundaries were identified, and they were placed into a habitat preserve. A Hydrology Study and Storm Water Management Plan (SWMP) were prepared for the project and are being implemented. The site includes a streambed that is being protected. Best Management Practices (BMPs) are being implemented and pollutants of concem are being addressed through site design, source control, and treatment control BMPs. Landscaping of slopes, consisting of both native and non-native plants reduce erosion. c. Landslides and Slope Instability. A Preliminary Geotechnical Investigation was prepared for the project when Coastal Development Permit (A-6-CII-00-087) was approved by the Califomia Coastal Commission. No further development is proposed with this project that might create a changed circumstance requiring additional study. d. Seismic Hazards. According to the Preliminary Geotechnical Investigation that was prepared for the project, there are no active or potentially active faults known to exist on or in the vicinity of the project site, no significant shear zones were indicated on or near the proximity of the project site; and liquefaction or other ground mpture failures are not anticipated. e. Floodplain Development. Part of the golf course site and development is within the 100 year floodplain. Coastal Development Permit (A-6-CII-00-087), issued by the Califomia Coastal Commission, authorized the existing development of the golf course within the floodplain. No further physical development within the floodplain is proposed with this project. F. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) Development proposals which consist of facilities, or stmctures constmcted by a City, County, Special District, State, or Federal Govemment or any agency, department, or subsidiary thereof for govemmental purposes are excluded from the provisions of Growth Management Chapter 21.90 ofthe Carisbad Municipal Code pursuant to Section 21.90.160(a). CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING January 4, 2012 Page 7 V. ENVIRONMENTAL REVIEW The proposed project falls within the scope of a previously certified Environmental Impact Report reviewed pursuant to the Califomia Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Carlsbad Municipal Golf Course Environmental Impact Report (EIR 97-01), dated January, 2000. EIR 97-01 evaluated the potential environmental effects of development within the golf course site along with the creation of three development pads including analysis of traffic circulation, water resources, cultural resources, biological resources, and land use. The Planning Commission certified EIR 97-01 on June 7, 2000. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. The EIR 97-01 "Findings of Fact and Statement of Overriding Considerations" applies to the entire project's proposed actions. The proposed activities would have no effects beyond those analyzed in the EIR, since the project is the subdivision of the existing golf course development and no improvements or further development is proposed. This project is within the scope of Certified EIR 97-01 and no further CEQA compliance is required. EIR 97-01 is available at the Planning Division. ATTACHMENTS: 1. Planning Commission Resolution No. 6852 2. Location Map 3. Background Data Sheet 4. Planning Commission Resolution No. 6719 dated September 15, 2010 5. Reduced Exhibits 6. Full size exhibits "A"-"J" dated January 4, 2010 SITE MAP NOT TO SCALE Carlsbad Municipal Golf Course Mapping CDP 11-19 BACKGROUND DATA SHEET CASE NO: CDP 11-19 CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE MAPPING APPLICANT: CITY OF CARLSBAD REQUEST AND LOCATION: Approval, for that portion of the proiect site which is within the coastal zone, of a Coastal Development Permit to subdivide 504.7 acres into six golf course lots, three future development lots, and one future park lot on property within the boundaries of the Citv of Carlsbad Municipal Golf Course in Local Facilities Management Zones 5 and 8. LEGAL DESCRIPTION: Lots 50 through 76 and the "Remainder Parcel" of Carlsbad 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 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 Califomia, all maps filed in the Office of the County Recorder of San Diego County Acres: 504.7 Proposed No. of Lots: 10 GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PI), Office (O). and Open Space (OS) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: PM, O and OS Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site PM, 0 and OS PI, 0 and OS Golf Course/V acant Pads North R-1/R-3/0S/C-M RL/RLM/RMH/OS/PI Residential/Industrial/Open Space South PM PI Industrial East C-M/M/PM . PI Industrial West CT/PU T-R/OS Legoland/Hotel/Open Space LOCAL COASTAL PROGRAM Coastal Zone: Yes Q No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: ^ Yes O No Coastal Development Permit: ^ Yes O No Local Coastal Program Amendment: Q Yes |^ No Existing LCP Land Use Designation: 0/PI and OS Proposed LCP Land Use Designation: N/A Existing LCP Zone: 0/PM and OS Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, I I Negative Declaration, issued Certified Environmental Impact Report, EIR 97-01 dated January 2000 I I Other, Revised 01/06 PLANNING COMMISSION RESOLUTION NQ. 6719 ' 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 . 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 MAPPING 8 9 CASE NO.: CT 09-03 19 20 21 22 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 ^ ^ WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A"-"J," dated September 15, 2010, on file in the Planning Department CARLSBAD MUNICIPAL GOLF COURSE MAPPING - CT 09-03, as 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 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 2 3 4 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. ^ 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; 7 o 1, That the proposed map and the proposed design and improvement of the subdivision as ^ 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 j2 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 ^5 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, ] 7 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 2Q 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 That the design of the subdivision or the type of improvements will not conflict with 22 easements of record or easements established by court jiidgment, 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 2^ concurrent with the recordation of the final map, the development will vacate and adjust any easements that conflict with the proposed development. 25 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; PC RESO NO. 6719 -2- 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. ^ 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 6 and/or preservation areas be allowed by this property subdivision. 5 7 9. That the discharge of waste from the subdivision will not result in violation of existing Califomia Regional Water Quality Control Board requirements, in that all required ^ BMPs are currently in place and functioning. ^ 10. The Planning Commission finds that the project, as conditioned herein, is in JQ 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 ^2 Category 3: Outdoor Recreation Open Space and the net increase in General Plan Open Space will be 1S6.53, a golf course development is a recreational use encouraged for the Open Space Land Use designation. The PI/O designation will ]4 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 ordinances. The project has through previous approval of the Conditional Use Permit CUP 97-07 constmcted 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; govemment administrative facilities; and open space, related to the project serves new development prior to or concurrent with need. 19 20 21 12. The project has been conditioned to pay any increase in public facility fee, or new constmction 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 constmcted or are guaranteed to be constructed concurrently with the need for them 27 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). PC RESO NO. 6719 -3- 17. The Planning Commission has reviewed each ofthe 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. 8 11 Conditions: 4 5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 6 a Final Map for CT 09-03. 7 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 fiarther 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 14 internally consistent and in conformity with the final action on the project. Development J ^ 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. 4. If any condition for constmction of any public improvements or facilities, or the payment J g 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 21 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 attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) 2^ City's approval or issuance of any permh or action, whether discretionary or 2g nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation ofthe 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 28 all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6719 -4- ^ ^ 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). 4 5 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 g 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 18 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction 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 ofthe 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 2^ 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 22 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 Califomia 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 PC RESO NO. 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. 4 5 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 Attomey (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 10 with the Planning Director. ^' 18. This tentative map shall expire three years from the date on which the Planning j2 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 15 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 15 pennit 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 2j 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 Govemment 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 2^ 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 27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 2g expired, PC RESO NO. 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, Califomia, held on September 15, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, L'Heureux, Nygaard, and Schumacher ABSENT: Commissioners Dominguez and Montgomery ABSTAIN: FARRAfTG^^OUGLAS, Chaupetson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6719 -7- CT09^ TENTATIVE CARLSBAD TRACT MAP NO. 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COLLEGE BOULEVARD HOT m sc*L£ TRAFFK atiXX - B.0 •^EWSrc *• AC- OVCR 6" BASE (TW*) -fxpsrc 6' r»PE-c CURB k currtH EXISTING TYPICAL CROSS-SECTION THE CROSSINGS DRIVE WJ TO SCALE •exisrc B' cotic MEDIAN CUR9 (TVP) MSTG 6" AC OVP> 18* BASE (TYP) "EMSrc 6" TVPE-C CURB A CUTIER EXiSTJNG TYPICAL CROSS-SECnON PALOMAR AIRPORT ROAD Nor ro 5CAL£ trtnerssucaoitntte SCC1KM PP) owe. CONCKEW DRA»UCF OnCH SHEET 2 OF 10 TENTATIVE MAP CT NO, 09-03 CARLSBAD MUNICIPAL GOLF COURSE CITY OF CAHLSBAD, CAUFORNIA CT 09-03 CARLSBAD TFiACT NO, 97r16Ai KEILY RANCH:CORE ; ii' MAP NO. 1434!! I 'i , LOT 10 NET: 94.4 AC GROSS: 99.15 AC ' PORTION OF LOT P RANCHO.AQUA HEDIONDA MAP NO. .823 IU M Ul Ul see SHEET 5 TENTATIVE MAP CT NO, 09-03 CARLSBAD MUNICIPAL GOLF COURSE CITY OF CARLSBAD, CAUFORNIA 3 OF 10 CT09-03 r in Oi tl) PORTION OF LOT F :HANCHO AQUA HSDIONDA- MAP' NO, 823, , ... LOT 10 NET. 94.4 AC GROSS: 99 15 AC ,(L0T7 f T: 260.2 AC ^ SS: 271.1 A^^. 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PREPARED BV: TENTATIVE MAP CT NO. 08-03 CARLSBAD MUNICIPAL GOLF COURSE CITY OF CAHLSBAD, CAUFORNIA SHEEl 10 OF 10