HomeMy WebLinkAbout1993-07-07; Planning Commission; Resolution 3523(1 'e e e
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PLANNING COMMISSION RESOLUTION NO. 3523
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A MARINE FISH
HATCHERY/RESEARCH FACILITY ON PROPERTY GENERALLY
LOCATED SOUTH OF GARFIELD STREET, NORTH OF AGUA
HEDIONDA LAGOON, EAST OF THE AT&SF RAILROAD
TRACKS IN THE NORTHWEST QUADRANT OF THE CITY IN
LOCAL FACILITIES MANAGEMENT PLAN ZONE 1.
CASE NAME: HUBBS SEA WORLD RESEARCH INSTITUTE
CASE NO: CUP 92-10
8 WHEREAS, a verified application has been fled with the City of Carlsbad anc
9 referred to the Planning Commission; and
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WHEREAS, said verified application constitutes a request as provided by Titlc
21 of the Carlsbad Municipal Code; and
13 II WHEREAS, pursuant to the provisions of the Municipal Code, the Planninj
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15 said request on property described as:
Commission did, on the 16th day of June, 1993, and on the 7th day of July, 1993, conside:
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That portion of Rancho Agua Hedionda in the City of Carlsbad,
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.
WHEREAS, at said public hearing, upon hearing and considering all testimon;
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and arguments, if any, of all persons desiring to be heard, said Commission considered al
factors relating to CUP 92-10.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissiol
APPROVES CUP 92-10, based on the following findings and subject to thc
following conditions:
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1. A. The requested use is necessary or desirable for the development of thc
community, is essentially in harmony with the various elements anc
objectives of the general plan, and is not detrimental to existing use:
specifically permitted in the zone in which the proposed use is located
because the requested use would (1) play an important role in directl~
replacing stocks of marine fish diminished because of development 0:
ecologically sensitive wetlands; (2) benefit the commercial and recreationi
fishing industries in San Diego County and the State of California; (3:
provide invaluable scientific marine fishery research; and, (4) providt
mitigation to offset adverse impacts to the marine environment caused by tht
operation of the San Onofre Nuclear Generating Station.
B. The project would be consistent with the implementing ordinances of tht
General Plan, including Title 21, the Open Space and Conservation Resourct
Management Plan, and the Agua Hedionda Land Use Plan which designate
this site for Aquaculture.
C. The project would not be detrimental to the health, safetyy and welfare 0:
the existing single-family land uses to the north. The marine fish hatcheq
would not produce excessive odors. The live fish are raised in large sal
water tanks which do not produce excessive odor.
D. Heavy mechanized manufacturing type equipment that could potentiall]
produce excessive noise would not be required to operate this facility. ThC
loudest onsite noise source would be generated by two 15 horsepower s
water pumps and those pumps would be encased within a concrete vault an(
located approximately 210 feet from the nearest residential structure. Tht
pumps would also be located 33 feet lower in vertical elevation than tht
closest homes. Due to the concrete case around the pumps, the large lineal
separation between the pumps and the homes, the steep and intervening 3:
foot high slopes, noise from this facility would not significantly impact tht
existing residential neighborhood to the north.
E. The project would generate 26 average daily trips which is equivalent to 2.1
single-family homes and would not significantly impact traffic along Garfielt
Street. Garfield Street has a traffic capacity of approximately 10yOOO trip:
per day. The busiest portion of that street is at the intersection wid
Tamarack Avenue. At that point the latest traffic count indicate:
approximately 1,600 trips per day.
2. The site for the intended use is adequate in size and shape to accommodate the use
because the project site is relatively level and the aquaculture facility would utilizc
1 acre of an existing 10 acre site. AU the proposed site improvements would mee
City ordinances and policies without the need for a variance from developmen
standards.
PC RES0 NO. 3523 -2-
,I (( 3. All the yard 9 , setbacks, walls, fences, landscaping, a d other features necessary tc
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adjust the requested use to existing or permitted future uses in the neighborhood
will be provided and maintained, because the proposed project would provide: (11
a perimeter fence for security and dew, (2) a 150 foot setback hm the lagooq
a 40 foot setback from the northem property liney and a 100 foot landxapec
setback from the nearest residential structure; (3) an 18-28 foot grade differentia
between the building pad for the hatchery and the residential land uses to tht
north; (4) adequate berming and landscaping (trees and shrubs) to screen tht
proposed structures from Carlsbad Boulevard, the railroad tracksy and the residentia
land uses to the north; and, (5) a 20 foot high building which conforms to the 3(
foot height limit required by the R-A Zone.
The hatchery building would be provided with a peaked roof and varied roof lint
to provide architectural interest and to enhance the visual appearance of the largc
structure when it is viewed from Carkbad Boulevard. The enhanced entryway anc
trellis would also provide visual interest along the Carlsbad Boulevard elevation.
4. The street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, because the existing dirt driveway leading fron
Garfield Street would be widened to 20 feet and paved to provide adequate acces!
for Institute personnel, guestsy and emergency vehicles, including fire trucks an(
buses. The facility would generate 26 average daily trips which is equivalent tc
traffic generated by approximately 2.5 single family homes. All driveways
circulation aisles, and loading areas are adequate to accommodate the turnin1
movements of large vehicles, including trucks and buses. The City's Parkin$
Ordinance does not contain a parking standard for the aquaculture land use. Thf
applicant has stated that the facility would have 7 employees during peak hou
shifts and 10 parking spaces would be provided, thereforey adequate onsite parkin1
would be provided. The site plan has sufficient area to add additional patkin1
spaces if the parking demand increases in the future. Parking has also bm
provided to accommodate buses associated with educational field trips to thc
research facility. The facility would not be open to the general public and al
educational tours would be scheduled by appointment only.
5. The project is consistent with all City public facility policies and ordinances since:
the Planning Commission has, by inclusion of an appropriate condition to thi:
project, ensured building permits will not be issued for the project unless the Ciq
Engineer determines that sewer service is available, and building cannot occu
within the project unless sewer service remains available, and the Planninl
Commission is satisfied that the requirements of the Public Facilities Element of thc
General Plan have been met insofar as they apply to sewer service for this project
6. This project is consistent with the City's Growth Management Ordinance as it ha:
been conditioned to comply with any requirement approved as part of the Loca
Facilities Management Plan for Zone 1. ~
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Conditions:
1. Approval is granted for CUP 92-10, as shown on Exhibits "A" - "IC', dated July 7
1993, incorporated by reference and on file in the Planning Department
Development shall occur substantially as shown unless otherwise noted in thesr
conditions.
2. If any condition for construction of any public improvements or facilities, or thl
payment of any fees in lieu thereof, imposed by this approval or imposed by law 01:
this project are challenged this approval shall be suspended as provided ir
Government Code Section 65913.5. If any such condition is determined to bc
invalid this approval shall be invalid unless the City Council determines that thc
project without the condition complies with all requirements of law.
3. This project shall comply with all conditions and mitigation required by the Zonr
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 futurc
amendments to the Plan made prior to the issuance of building permits.
4. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the District Enginee
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy.
5. Water shall be provided to this project pursuant to the Water Service agreemen
between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mq
25, 1983.
6. Approval of this request shall not excuse compliance with all sections of the Zonin;
Ordinance and all other applicable City ordinances in effect at time of buildin;
permit issuance.
7. This conditional use permit is granted for a period of five (5) years. Thi
conditional use permit shall be reviewed by the Planning Director on a yearly basi
to determine if all conditions of this permit have been met and that the use does na
have a significant detrimental impact on surrounding properties or the public healtl
and welfare. If the Planning Director determines that the use has such significar
adverse impacts, the Planning Director shall recommend that the Plannin
Commission, after providing the permittee the opportunity to be heard, ad1
additional conditions to mitigate the significant adverse impacts. This permit ma
be revoked at any time after a public hearing, if it is found that the use has
significant detrimental affect on surrounding land uses and the public's health an
welfare, or the conditions imposed herein have not been met. This permit may b
extended for a reasonable period of time not to exceed 5 years upon writte
application of the permittee made no less than 90 days prior to the expiration datt
In granting such extension, the Planning Commission shall find that no substantk
adverse affect on surrounding land uses or the public's health and welfare will resu
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because of the continuation of the permitted use. If a substantial adverse affect OI
surrounding land uses or the public's health and welfare is found, the extensior
shall be considered as an original application for a conditional use permit. Then
is no limit to the number of extensions the Planning Commission may grant.
A detailed landscape and irrigation plan shall be submitted and approved by thc
Planning Director prior to issuance of grading or building permits, whichever occur
first.
All landscaped areas shall be maintained in a healthy and thriving condition, frec
from weeds, trash, and debris.
Landscape plans shall be designed to minimize water use. Lawn and other zone '
plants (see Guidelines Manual) shall be limited to areas of special visual importancl
or high use. Mulches shall be used and irrigation equipment and design shd
promote water conservation. Mulches shall not be required in areas a
hydroseeding.
The developer shall avoid trees that have invasive root systems, produce excessiv
litter and/or are too large relative to the lot size.
Planter width shall be a minimum of four (4) feet, not including curb, footing
and/or other paving, and parking overhang.
Prior to final occupancy, a letter from a California licensed landscape architect shd
be submitted to the Planning Director certifying that all landscaping has bee:
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required b
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plan!
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours an
shall match the grading plans in terms of scale and location of improvements.
Mounding shall be used in parking lot landscaping or preliminary plans shall explai
why mounding is not possible to the satisfaction of the Planning Director.
All parking lot trees shall be canopy trees.
Mature trees which are removed shall be replaced one to one with minimum 3t
box specimen. Each case shall be reviewed by the Planning Director.
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21. The minimum shrub size shall be 5 gallons. 1 gallon sized shrubs for certain type
of plants and for purposes of availability may be permitted subject to Pw
Director approval.
22. Prior to approval of the final landscape plan, tree and shrub species along th
northern property line shall be selected so as to provide adequate screening withi
a reasonable time period, and trees and shrubs shall be selected that do not exceec
20 feet in height at full maturity, to the satisfaction of the Planning Director.
23. Any signs proposed for this development shall at a minimum be designed i
conformance with the City's Sign Ordinance and shall require review and approvs
of the Planning Director prior to installation of such signs.
24. Building identification and/or addresses shall be placed on all new and existin
buildings so as to be plainly visible from the street or access road; color c
identification and/or addresses shall contrast to their background color.
25. Approval of CUP 92-10 is granted subject to the approval of HDP 93-05.
26. Prior to the issuance of a grading permit, the project applicant shall receive i
Coastal Development Permit from the California Coastal Commission that approve
development that is in substantial conformance with the City approval. Evidencc
that the permit has been received shall be submitted to the Planning Department
27. AU conditions of Planning Commission Resolution No. 3522 for the Conditiona
Negative Declaration are applicable to this approval and incorporated through thi
reference.
28. The developer shall provide the City with a reproducible 24" x 36", mylar copy o
the Site Plan as approved by the Planning Commission. The Site Plan shall reflec
the conditions of approval by the City. The plan copy shall be submitted to the Ci?
submittal, whichever occurs first. ~ Engineer and approved prior to building, grading, final map, or improvement pla
29. This approval shall become null and void if building permits are not issued for thir
project within one year from the date of project approval.
30. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate,
pursuant to City standards. Location of said receptacles shall be approved by thc
Planning Director. Enclosure shall be of similar colors and/or materials to thc
project to the satisfaction of the Planning Director.
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~ 31. AU roof appurtenances, including air conditioners, shall be architecturally integratec
and concealed from view and the sound buffered from adjacent properties anc
streets, in substance as provided in Building Department Policy No. 80-6, to thl
satisfaction of the Directors of Planning and Building. i
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32. An exterior lighting plan including parking areas shall be submitted for Planninj
Director approval. All lighting shall be designed to reflect downward and avoid an!
impacts on adjacent homes or property.
33. 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 an(
the Planning Director.
34. As part of the plans submitted for any permit plan check, the applicant shall includc
a reduced, legible version of the approving resolution/resolutions on a 24" x 36
blueline drawing. Said blueline drawing(s) shall also include a copy of aq
applicable Coastal Development Permit and signed approved site plan.
35. Prior to issuance of a building permit the owner shall grant to the City of Carlsbac
or its designee an inevocable offer of dedication for lateral public access. m(
required access shall be of a width not less than 25 feet and located according tc
=bits "A" and "B" dated July 7, 1993, incorporated by reference.
36. The facility will be made available for free educational tours for students an(
nonprofit groups upon written request by the school, or the pup representing th(
students. The facility will a be used as a commercial tour bus stop.
37. If this facility is closed, or not used for the purposes intended by the Conditions
Use Permit, or upon termination of the Conditional Use Permit, SDG&E, as th(
landholder, guarantees that upon request of the City Council, the structure will bc
removed and the property will be returned to its former state.
38. The peak single event noise level shall not exceed 45dBA at the facility fencc
abutting the residential area between the hours of 6:OO PM and 8:OO AM.
39. All structures shall be maintained to retain an attractive appearance including, bu
not limited to, regular periodic maintenance of the metal siding and roof materials
mnineerinn:
40. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the District Enginee
determines that sewer facilities are available at the time of application for sucl
sewer permits and will continue to be available until time of occupancy. This not1
shall be placed on the site plan.
41. This project is located within the local coastal plan. All development design shd
comply with the requirements of that plan.
42. The applicant shall comply with all the rules, regulations and design requirement
of the respective sewer and water agencies regarding services to the project.
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The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bel
Telephone, and Cable TV authorities.
Prior to grading and building pennit issuance the applicant shall pay all curren
fees and deposits required.
Pretreatment of the sanitary sewer discharge from this project may be required. 11
addition to the requirements for a sewer connection permit the applicant shal
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. Th
applicant shall apply for an industrial waste water discharge permit concurrentl:
with the building permit for this project.
Based upon a review of the proposed grading and the grading quantities shown 01
the Site Plan, a grading permit for this project is required. Prior to issuance of i
building permit for the project, a grading permit shall be obtained and grading worl
be completed in substantial conformance with the approved grading plans.
No grading shall occur outside the limits of the project unless a grading or slopc
easement is obtained from the owners of the affected properties. If the applican
is unable to obtain the grading or slope easement, no grading permit will be issued
In that case the applicant must either amend the conditional use permit or changc
the slope so grading will not occur outside the project site in a manner whicl
substantially conforms to the approved site plan as determined by the City Enginee:
and Planning Director.
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48. Prior to hauling dirt or construction materials to or from any proposed constructior
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
49. The developer shall exercise special care during the construction phase of thi:
project to prevent offsite siltation. Planting and erosion control shall be providec
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
50. Additional drainage easements may be required. Drainage structures shall bc
provided or installed prior to the issuance of grading or building permit as may bc
required by the City Engineer.
51. The applicant shall comply with the Citfs requirements of the National Pollutanl
Discharge Elimination System (NPDES) permit. The applicant shall provide besi
management practices to reduce surface pollutants to an acceptable level prior tc
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit, whichever occurs first.
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52. A Certificate of Compliance/Adjustment Plat/Record of Survey shall be filed wid
the County Recorder of the County of San Diego, State of California, for the divisiox
of Parcel B of City of Carlsbad Adjustment Plat No. 4-04, prior to buildiq
OCCUpallCy.
53. Prior to issuance of building permits the applicant shall enter into an agreemen
with the City in a form acceptable to the City Attorney acknowledging that then
have been claims of unacceptable levels of fecal coliform and other bacteriologica
conditions which may render applicant's fish at times unmarketable, unsalable an4
not fit for human consumption under laws, ordinances, policies and regulations o
Federal, State, County or local jurisdictions. Furthermore, applicant recognizes tha
its business may be interrupted from time to time resulting from an application o
these law ordinances, regulations or policies. Nonetheless, applicant desires to haw
approved its Conditional Use Permit and operate under certain terms and conditiom
Therefore, being fully aware of these possible consequences, applicant waivers al
claims for causes of action against the City, the hcina Administrative Agency (EAA:
and its member agencies or their officers and employees hm any and all damage!
or liabilities resulting from or arising out of the approval of this Conditional UN
Permit. The applicant further waives any and all claims for business interruption
loss of profits, taking of property or injury to business reputation to the fulls
extent allowed by law. In addition, applicant indemnifies and holds harmless tht
City, EAA and its memb agencies, their officers and employees from any and al claims, demands, causes of action, liability or loss of any or asserted by thirc
persons resulting from or arising out of applicant3 operation of its business am
further agrees to apply all costs including defense costs and attorney's fees and al
judgements against the City, Encina and its member agencies, their officers an(
employees.
54. An exterior lighting plan including parking areas shall be submitted for Planninl
Director approval. All lighting shall be designed to reflect downward and avoid an;
impacts on adjacent homes or property.
55. 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 anc
the Planning Director.
56. As part of the plans submitted for any permit plan check, the applicant shall includf
a reduced, legible version of the approving resolution/resolutions on a 24" x 36
blueline drawing. Said blueline drawing(s) shall also include a copy of an^
applicable Coastal Development Permit and signed approved site plan.
Fire Conditions:
57. Prior to the issuance of building permits, complete building plans shall be submittec
to and approved by the Fire Department.
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58. Onsite water mains and fire hydrants are required.
59. An all weather, unobstructed access road suitable for emergency service vehicle!
shall be provided and maintained during constructio~~ When in the opinion of tht
Fire Chief, the access road has become unserviceable due to inclement weather 01
other reasons, he may, in the interest of public safety, require that constructio~
operations cease until the condition is corrected.
60. All required water mains, fire hydrants and appurtenances shall be operationa
before combustible building materials are located on the construction site.
61. All security gate systems controlling vehidar access shall be equipped with i
"KnoX", key-operated emergency entry device. Applicant shall contact the Firc
Prevention Bureau for specifications and approvals prior to installation.
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62. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems, and other fire protection systems shall be submitted to the Firc
Department for approval prior to construction.
63. The building shall be designed with an approved automatic fire sprinkler system o
such architectural features or alternative fire protection measures to the satisfactioj
of the Fire Chief.
Water District:
15 64. The entire potable and non-potable water system/systems for subject project shal
be evaluated in detail to ensure that adequate capacity and pressure for domestic
16 landscaping and fire flow demands are met.
I'7 65. The developer shall be responsible for all fees, deposits and charges which will bc
18 collected at time of issuance of the building pennit. The San Diego County Wate
Authority capacity charge will be collected at issuance of application for mete
19 installation.
20 I 66. Sequentially, the Developer's Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protectia
requirements.
€3. Prepare a colored reclaimed water use area map and submit to the Plannin
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment an
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fc
potable, reclaimed and sewer systems prior to the preparation c
improvement plans.
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67. This project is approved upon the express condition that building permits will no
the development determines that adequate water service and sewer facilities arc
continue to be available until time of occupancy.
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available at the time of application for such water service and sewer permits wil 2
be issued for development of the subject property unless the water district servinj
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin; 4
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following vote, to wit: 6
Commission of the City of Carlsbad, California, held on the 7th day of July, 1993, by th~
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AYES: Chairperson Noble, Commissioners: Betz, Welshons, Savary
Erwin & Hall.
NOES: None.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None. . 4 n
BAILEY NOBE, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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