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HomeMy WebLinkAbout1993-07-07; Planning Commission; Resolution 3524,- ,., -. # a 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3524 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF , CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO DEVELOP A MARINE FISH HATCHERY/RESEARCH FACILITY ON PROPERTY GENERALLY LOCATED SOUTH OF GARFIELD STREET, NORTH OF THE AGUA HEDIONDA LAGOON, WEST 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: HDP 93-05 8 9 3.0 WHEREAS, a verified application has been filed with the City of Carlsbad an( referred to the Planning Commission; and 11 WHEREAS, said verified application constitutes a request as provided by Titlc 12 14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planninl 13 21 of the Carlsbad Municipal Code; and Commission did, on the 16th day of June, 1993, and on the 7th day of July, 1993, conside 15 16 said request on property described as: 17 18 19 20 21 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 testimoq and arguments, if any, of all persons desiring to be heard, said Commission considered al 22 of the City of Carlsbad as follows: 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~ 23 factors relating to HDP 93-05. 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissio: APPROVES HDP 93-05, based on the following findings and subject to th following conditions: , -* # * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I ~ I 20 21 22 23 24 25 26 27 28 ~ ~ I I Findins: 1. The site's hillside slope conditions have been identified on a slope constraint! exhibit; all undevelopable areas of the site have been properly identified; and nc development or grading would occur in those areas. Grading to widen the existiq dirt access driveway would occur on 40% slopes. The existing 40% slopes havc been disturbed by previous grading when the driveway was originally constructec and, therefore, may be excluded hm the requirements of the Hillside Developmen Regulations by the decisionmaking body per Section 21.95.090 of the Carlsbac Municipal Code. 2. The project design minimizes disturbance of the hillside area. Utilization of tht existing driveway lea- from Garfield Street eliminates the need for a 28 foot hi@ fill slope that would otherwise be required to extend Garfield Street Mer soutl and down the existing slopes. The crib wall and cut slope necessary to widen thl access driveway would be landscaped to provide visual screening and to preven slope erosion. 3. 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 Planninj 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 I 4. The applicant is by condition, required to pay any increase in public facility fee, 01 new construction tax, or development fees, and has agreed to abide by an! additional requirements established by a Local Facilities Management Plan prepare( pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurt continued availability of public facilities and will mitigate any cumulative impact! created by the project. 5. 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. Conditions: 1. All conditions of approval for CUP 92-10 as contained in Planning Commissio~ Resolution No. 3523 are applicable to this approval and incorporated through thi reference. 2. Approval for HDP 93-05, as shown on Exhibits "A"-"K", dated July 7, 1993 incorporated by reference and on file in the Planning Department. Developmen shall occur substantially as shown on the approved exhibits. Any proposed gradin; PC RES0 NO. 3524 -2- * 8 * and/or development substantially different from this approval as determined by thc 1 Planning Director, shall require an amendment to this permit. 2 3. Approval of HDP 93-05 is granted subject to the approval of CUP 92-10. 3 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planninj 4 5 Commission of the City of Carlsbad, California, held on the 7th day of July, 1993, by thc 6 /I following vote, to wit: 7 8 9 10 11 12 13 14 AYES: Chairperson Noble; Commissioners: Betz, Welshons, Savary Erwin & Hall. NOES: None. ABSENT: Commissioner Schlehuber. ABSTAIN: None. 3.. 9 -1 -., >.=\ ;/ ,. r\ & LL BAILEY NOBLb!, Chairperson CARLSBAD PLANNING COMMISSION l5 11 ATTEST: I.6 ll 17 18 - MICHAEL J. HOLZMIL~~R 19 20 1 PLANNING DIRECTOR 21 22 I 23 24 25 26 27 28 PC RES0 NO. 3524 -3-