HomeMy WebLinkAbout1988-06-01; Planning Commission; Resolution 2736Y
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PLANNING COMMISSION RESOLUTION NO. 2736
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONDUCT AQUACULTURE OPERATIONS ON .6 ACRES ALONG THE SOUTHEASTERN SHORE OF THE OUTER AGUA HEDIONDA LAGOON. APPLICANT: CRABS PLUS, INC CASE NO: CUP 87-15
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on the 1st day of June,
1988, hold a duly noticed public hearing to consider said
application on property described as:
Portion of lot H of Rancho Agua Hedionda according to Map 823 filed November 16, 1896.
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 CUP 87-15.'
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 CUP 87-15, based on the following findings and subject to the following conditions:
Findinqs:
1. The project is consistent with the City's General Plan since
the proposed intensity is within the land use intensity
range specified for the site as indicated on the Land Use
Element of the General Plan.
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2. The site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate the aquaculture operation at the intensity proposed.
3. The project is consistent with all City public facility policies and ordinances since: All necessary public improvements have been provided or will be required as conditions of approval.
4. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for public utility development on the General Plan.
5. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on February 10, 1988 and APPROVED by the Planning Commission on June 1, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
6. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirement approved as part of the Local . Facilities
Management Plan for Zone 1.
7. The .6 acre aquaculture operation is desirable for the
development of the community by appropriately utilizing and
conserving Carlsbad's coastal resources. The Aquaculture
operation is in harmony with the various elements and
objectives of the General Plan. Specifically, the Aqua
Hedionda Land Use Plan of Carlsbad's Local Coastal Program
which calls for aquaculture in the area. As proposed and
conditioned this aquaculture operation is not detrimental to
existing uses or to uses specifically permitted in the P-U zone or surrounding residential and open space zones.
8. At this time the southeastern shore of the Outer Aqua Hedionda Lagoon is adequate in size and shape to accommodate the proposed .6 acre aquaculture operation since it is
. largely vacant.
9. All of the yards, setbacks, walls, fences, landscaping, existing shore facilities and other features necessary to accommodate the proposed aquaculture operation and to adjust the proposed aquaculture operation to existing or permitted future uses in the neighborhood will be provided and maintained.
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PC RES0 NO. 2736 -2-
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10. The street system of Carlsbad Boulevard, Cannon Road, and Tamarack Avenue that serves the proposed aquaculture is adequate to properly handle the proposed traffic generated by the proposed use. The proposed traffic is 8 ADT.
Conditions:
1. Approval is granted for CUP 87-15, ' as shown on Exhibits 'IAtt - IIDOI, dated June 1, 1988, and the letter and supplement
dated October 19, 1987, incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. This project shall comply with all conditions and mitigation
required by the Zone 1 Local Facilities Management Plan
approved by the City Council on September 1, 1987,
incorporated herein and on file in the Planning Department
and any future amendments to the Plan made prior to the issuance of building permits.
3. 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 65913.5. 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.
4. Approval of this request shall not excuse compliance with
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
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5. This conditional use permit is granted for a period of five
years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use
does not have a significant detrimental impact on
surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall
. recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made no less than 90 days prior
PC RES0 NO. 2736 -3-
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~ i to the expiration date. In granting such extension, the
Planning Commission shall find that no substantial adverse
affect on surrounding land uses or the public's health and welfare will result because of the continuation of the
permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit
to the number of extensions the Planning Commission may
grant.
6. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director.
i 7. No signs are permitted for the proposed aquaculture use. ,
8. This Conditional Use Permit is for wholesale marketing only.
No retail sales are permitted.
9. Any mooring buoys or other waterway markers used in areas
where boating is present must be placed or installed in
accordance with the requirements as specified in Title 14,
Article 6, California Administrative Code.
10. All barges and similar float structures shall be permanently
fixed and may not be relocated without approval of the
Planning Director.
Enqineerinq:
11. No grading construction or structural improvement is hereby
proposed or approved.
12. This project is located within the Agua Hedionda Lagoon
management plan. All development design shall comply with
the requirements of that plan.
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PC RES0 NO. 2736 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 1st day of June, 1988, by the following vote, to
wit:
AYES : Chairperson McFadden, Commissioners: Hall,
Marcus, Schramm and Schlehuber.
NOES : None.
ABSENT : Commissioner Holmes.
ABSTAIN: None.
fi Yd 6 %e&&
JBANNE B. MCFADDEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST :
PLANNING DIRECTOR
PC RES0 NO. 2736 -5-