HomeMy WebLinkAbout2022-11-16; Planning Commission; Resolution 7466PLANNING COMMISSION RESOLUTION (7466)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ·
CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL_ USE
PERMIT TO RENOVAH THE CHAMPIONS (NORTH) GOLF COURSE AT LA
COSTA RESORT AND SPA ON PROPERTY GENERALLY LOCATED NORTH OF
LA COSTA AVENUE, SOUTH OF POINTSffilA LANE AND EAST OF EL
CAMINO REAL IN LOCAL .FACILITIES MANAGEMENT ZONE 6.
CASE NAM~: OMNI LA COSTA GOLF COURSE RENOVATION
CASE NO: SUP 2022-0001 (DEV2022-0001)
WHEREAS, LC INVESTMENT 2010 LLC DBA OMNI LA COSTA, "Developer/Owner," has filed
a verified application with the City of Carlsbad regarding property described as
LOT 1 AND LOT 28 OF CARLSBAD TRACT NO. 03-01-01, 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 Exhibit(s) "A-W" dated November 16, 2022, on file in the Planning Division, SUP
2022-0001 (DEV2022-0001) -OMNI LA COSTA GOLF COURSE RENOVATION, as provided by Chapter
· 21.110 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on November 16, 2022, 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.
WHEREAS, the Planning Commission reviewed all aspects comprising the project
described in the November 16, 2022 Planning Commission staff report, and Pursuant to the California
Environmental Quality Act (CEQA), an lniti~I Study/Mitigated N~gative Declaration .(IS/.MND), State
Clearinghouse No. 2022090485, relative to the project was prepared and the Planning Commission has
adopted it per separate resolution (Exhibit 1 to the November 16, 2022 Planning Commission Staff
Report). The actions contemplated by this resolution would allow the Developer to implement the project
and proceed forward with the physical de.velopment of the property.
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.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
SUP 2022-0001 (DEV2022-0001) -OMNI LA COSTA GOLF COURSE RENOVATION, based
on the following findings and subject to the following conditions:
Findings:
1. The site is reasonable safe from flooding in that the renovations proposed to the champions
(north) golf course will not increase the base flood elevation of the creek.
2. The project as proposed has been designed to minimize the floqd hazard to the habitable portions
of the structure in that no renovations are proposed to any habitable structures and no
habitable structures are proposed.
3. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that the renovations to the champions (north) 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 renovations to the champions (north) 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 thpt 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 t he base flood more than one foot at any point in
that the project does not change the channel characteristics which would cause an incre~se in
the flood elevation.
7. All other required state and federal permits have been obtained.
8. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for Sl)P 2022-0001 (DEV2022-0001) -OMNI LA
COSTA GOLF COURSE RENOVATION, the environmental impacts therein identified for . .
PC RESO SUP Approval -2-
this project and said comments thereon, and the Program, on file in the Planning Division,
prior to ADOPTING the project; and
b. the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. they reflect the· independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the Initial Study and comments thereon, the Planning Commission, finds that
there is no substantial evidence the project will have a significat:)t effect on the
environment.
Conditions:
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 building permit or grading plan
whichever occurs first.
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 revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, orfurther
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 fortheir v.iolation. 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. This approval is granted subject to the approval of the Final Initial Study/Mitigated Negative
Declaration (Final IS/MNO, State Clearinghouse No. 2022090485) and is subject to all project
design features and mitigation measures contained therein.
PC RESO SUP Approval -3-
6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, SUP 2022-0001 (DEV2022-0001) -OMNI LA
COSTA GOLF COURSE RENOVATION, which is provided as an attachment to Planning Commission
Resolution(Exhibit 2 attached to the November 16, 2022 Planning Commission staff report), and
incorporated herein by this reference as though fully set forth herein.
7. 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 nondiscretionary, 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.
8. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the conceptual grading
plan and preliminary utility plan reflecting the conditions approyed by the final decision making
body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed
by the city's project planner and project engineer. If no changes were required, the approved
exhibits shall fulfill this condition.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Loca l Facilities Management Plan and any amendments made to that Plan prior to
the issuance of grading permits.
10. This approval shall become null and void if grading permits are not issued for this project within
24 months from the date of project approval. This approval shall also expire and become null and
void if the work authorized by the grading permit is not started within 365 days of the date of
permit issuance or if the work is suspended or abandoned at any time after the work is started
for a period of 180 days.
11. Developer shall pay any applicable Local Facilities 1Y1anagemeht Plan fee for Zone 61 pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees
are not paid, this approval will not be consistent with the General Plan and shall become void.
12. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Divisioh and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Ftnal Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
PC RESO SUP Approval -4-
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
-plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
14. Prior to the issuance of the grading permit, Developer shall submit to the dty 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 has issued a(n) Special Use
Permit by Resolution No. 7465 on 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.
Engineering:
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading
permit, or building permit, whichever comes first; or pursuant to an approved construction schedule at
the discretion of the appropriate division manager or official.
General
1. 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.
2. This project is approved upon the express condition that building permits w111 not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Fees/ Agreements
3. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
4. Developer shall cause property owner to execute and submit to t he city engineer for recordation
the city's standard form Drainage Hold Ha rmless Agreement.
Grading
5. 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 as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
6. Concurrent with the grading plans Developer shall include shoring plans for proposed bridge
construction, if applicable, as part of the grading plans to the satisfaction of the city engineer and
PC RESO SUP Approval -5-
building official. Structural calculations for all shoring shall be submitted for review and approval
by the building division. Developer shall pay all deposits necessary to cover any 3rd party review.
Storm Water Quality
7. 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 stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
8. 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 measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SW PPP plan review and inspection fees per the city's latest fee schedule.
9. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
10. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
11. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
12. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
Utilities
13. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
PC RESO SUP Approval -6-
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
14. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
15. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
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.
PC RESO SUP Approval -7-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on November 16, 2022 by the following vote, to wit:
AYES: Commissioners Kamenjarin, Meenes, Merz, Sabellico, Lafferty, and Stine
NOES:
ABSENT: Commissioner Luna
ABSTAIN:
JOSEPH STINE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MIKE STRONG
Assistant Community Development Director
PC RESO SUP Approval -8-