HomeMy WebLinkAbout1991-04-17; Planning Commission; Resolution 32140 0
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
PLANNING COMMISSION RESOLUTION NO. 3214
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE EXTENSION OF A
CONDITIONAL, USE PERMIT TO ALLOW AN AQUACULTURE FACILITY ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEVARD NORTH OF THE SDG&E POWER PLANT IN AND ADJACENT
TO AGUA HEDIONDA LAGOON.
CASE NAME: SEAFARMS WEST
CASE NO: CUP 194(B)x1
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 Planninr
Commission did, on the 17th day of April, 1991, hold a duly noticed public hearing tc
consider said application on property described as:
All that portion of Rancho Agua Hedionda, in the County of San Diego,
State of California, according to Partition Map thereof No. 823, filed in the
office of the County Recorder of San Diego County, November 16, 1896,
situated within that portion thereof described in deed to San Diego County
water Company, recorded June 17, 1940, in book 1035, page 301 of
Official Records by Document No. 28815. Also known as County Assessor
Parcel No. 210-010-29.
WHEREAS, at said public hearing, upon hearing and considering all testimony an(
arguments, if any, of all persons desiring to be heard, said Commission considered a1
factors relating to CUP 194(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of thm
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 Commissio:
APPROVES CUP 194(B)x1, based on the following findings and subject to th
following conditions:
0 0
1
2
3
4
5
6
7
€3
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
FindinnS:
1. That the requested use continues to be necessary or desirable for the developme1
of the c~m~~~unity, is essentially k harmony dth the various elements an
objectives of the general plan, and is not detrimental to existing uses or to us(
specifically permitted in the zone in which the proposed use is to be located sin(
it is an agricultural use which is allowed in the open space zone upon approval (
a conditional use permit. Agricultural uses are permitted throughout the City b
the General Plan Land Use Element;
2. That the site for the intended use continues to be adequate in size and shape t
accommodate the use since the facility was not expanded as approved; due to th
widening of Carlsbad Boulevard, the applicant will not be able to install all of th
40 culture tanks which were approved by CUP 194 but never constructed;
3. That all of the yards, setbacks, walls, fences, landscaping, and other feature
necessary to adjust the requested use to existing or permitted future uses in th
neighborhood will be provided and maintained since chainlink fencing wit
redwood slats and landscaping screen the project from Carlsbad Boulevard;
4. That the street system serving the proposed use continues to be adequate ti
properly handle all traffic generated by the proposed use since traffic generated b:
the use is minimal and access to the project is provided through the existin:
SDG&E development.
Conditions:
1. All conditions of approval imposed upon CUP 194, CUP 194(A), and CUP 194(B
as stated in Planning Commission Resolution No.’s 1778, 1991, and 2651 sha,
apply as conditions of approval for CUP 194(B)x1, except as amended b
Condition No. 2, below.
2. This conditional use permit is extended for a peiod of three (3) years be&ndn;
on May 6, 1990 and expiring on May 6, 1993 unless subsequent extensions arl
approved. This conditional use permit shall be reviewed by the Planning Direct0
on a yearly basis to determine if all conditions of this permit have been met an1
that the use does not have a significant detrimental impact on surroundin
properties or the public health and welfare. If the Planning Director determine
that the use has such significant adverse impacts, the Planning Director shal
recommend that the Planning Commission, after providing the permittee th.
opportunity to be heard, add additional conditions to mitigate the significan
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 lanc
uses and the public’s health and welfare, or the conditions imposed herein havc
not been met. This permit may be extended for a reasonable period of time no
to exceed five (5) years upon written application of the permittee made no les:
28 PC RES0 NO- 3214 -2-
0 e
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
than 90 days prior to the expiration date. In granting such extension, the Plannini
Commission shall find that no substantial adverse affect on surrounding land use
or the public's health and welfare will result because of the continuation of thc
permitted use. If a substantial adverse affect on surrounding land uses or th
public's health and welfare is found, the extension shall be considered as a
original application for a conditional use permit. There is no limit to the numbe
of extensions the Planning Commission may grant.
3. Approval of the extension is limited to the Seafarms facility as it existed on Api
17, 1991.
4. The applicant shall submit a site plan accurately depicting the existing facilit
including both land and in-lagoon operations within 60 days of this approvi
Failure to comply with this requirement will result in the return to Plannin
Commission for consideration of possible revocation.
5. Pursuant to Chapter 21.58.020 of the Zoning Ordinance, approval of any facilit
included as part of cu€"194,194(A), and 194(B) which has not been constructel
is null and void and no longer a part of the conditional use permit.
6. The applicant shall remove any debris hm the Agua Hedionda Lagoon created b
the operation of this facility, to the satisfaction of the City of Carlsbad.
En&eex-ing Conditions:
7. The applicant shall meet all terms and conditions of the Department of Heak
Services "Shellfish Growing Area Certificate" and its "Certificate for Shellfis:
Processing".
8. The applicant shall further comply with all Federal, State and County regulation
governing operations and sales of shellfish conducted in conjunction with CUP 19
(A) and (B).
9. The applicant shall submit to the City Engineer, on a monthly basis, results of a
tests performed in conjunction with the "Shellfish Growing Area Certificate".
10. Applicant shall be responsible for any further required testing program designe
to identify the source, character or quantity of pollutants which may impact th
ability to safely market shellfish under this permit and Department of Healt
Services Certificates.
11. Applicant shall notify the City Engineer within 48 hours of any change in th
status under the Department of Health Services certificates and permits.
12. The permit shall be for three years subject to review upon any change in growin
status or failure to comply with conditions.
28 PC RES0 NO. 3214 -3-
e 0
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
13. Applicant shall enter into an agreement with the City in a form acceptable to the
City Attorney acknowledging that there have been claims of unacceptable levels
of fecal coliform and other bacteriological conditions which render applicant's
shellfish at times unmarketable, unsalable and not fit for human consumption
under the laws, ordinances, policies and regulations of Federal, State, County 01
local jurisdictions. Furthermore, applicant recognizes that its business may be
interrupted from time to time resulting from an application of these laws,
Conditional Use Permit and continue its operations upon certain terms anc
conditions.
Therefore, being fully aware of these possible consequences, applicant waives al
claims for causes of action against the City, the Encina Administrative AgencJ
(EAA) and its member agencies or their officers and employees from any and a1
damages or liabilities resulting from or arising out of the extension of thi!
Conditional Use Permit. The applicant further waives any and all claims fol
business interruption, loss of profits, taking of property or injury to busines;
reputation to the fullest extent allowed by law. In addition, applicant indemnifie:
and holds harmless the City, EAA and its member agencies, their officers an(
employees from any and all claims, demands, causes of action, liability or loss o
any sort asserted by third persons resulting from or arising out of applicant':
continued operation of its business and further agrees to pay all costs includinj
defense costs and attorneys fees and all judgments against the City, Encina and it
member agencies, their officers and employees.
ordinances, regulations or policies. Nonetheless, applicant desires to extend its
....
....
....
....
....
....
11.1
....
....
....
....
PC RES0 NO. 3214 4
*- a e
1
2
3
4
5
6
7
a
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 Plannin
Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, b
the following vote, to wit:
AYES: Vice-Chairperson Erwin, Commissioners: Schlehube
Schramm, McFadden, Marcus & Hall.
NOES: None.
ABSENT: Chairperson Holmes.
ABSTAIN: None.
%nnL
TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3214 -5-