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HomeMy WebLinkAbout1994-05-18; Planning Commission; Resolution 36588 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 !I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3658 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 THE AGUA HEDIONDA LAGOON. CASE NAME: CARLSBAD AQUAFARMS CASE NO: CUP 194(B)x2 ’ WHEREAS, a verified application has been filed with the City of and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as pro Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Commission did, on the 18th day of May, 1994, hold a duly noticed public h consider said application on property described as: All that portion of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Partition Map No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896, situated within that portion thereof. WHEREAS, at said pulAic hearing, upon hearing and consid testimony and arguments, if any, of all persons desiring to be heard, said Co considered all factors relating to CUP 194(B)x2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co 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 Ca APPROVES CUP 194(B)x2, based on the following findings and subjc following conditions: ... 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 0 0 Findinns: 1. The requested use, conditioned to comply with the requirements Department of Health Services Shellfish Growing Area Certificate and C for Shellfish Processing to avoid any potential health hazards, is nec desirable for the development of the community. The aquaculture fac harmony with the various elements and objectives of the general pl; promote the preservation and support of agricultural land uses aquaculture. The use is not detrimental to existing uses or to uses SI permitted in the zone in which the proposed use is located since the m the site is visually screened from Carlsbad Boulevard. 2. The onshore site for the intended use is adequate in size and accommodate the use including the temporary CalBioMarine research fa the 5 acre offshore mussel cultivation area is adequate for this purpose 3. The existing chainlink fencing with redwood slats which partially screer along with good maintenance of the site including the organized distri floats in the lagoon adjusts the use to the surrounding area. 4. The private street system through the SDG&E site serving the propos adequate to properly handle the minimal traffic generated by the aquacu Conditions: 1. Approval is granted for CUP 194(B)x2, as shown on Exhibit "A", datec 1994, incorporated by reference and on file in the Planning De Development shall occur substantially as shown unless otherwise notec conditions. 2. All conditions of approval imposed upon CUP 194(B)x1 by Planning Cc Resolution No. 3214 dated April 17,1991 shall apply as conditions of ap CUP 194(B)x2, except as amended by Condition numbers 3 and 4 belc 20 21 3. 22 23 25 24 26 27 28 This conditional use permit is granted for a period of five years from Ma through May 6, 1998. This conditional use permit shall be reviewc Planning Director on a yearly basis to determine if all conditions of tl have been met and that the use does not have a significant detrimental surrounding properties or the public health and welfare. If the Plannin determines that the use has such significant adverse impacts, the Plannin shall recommend that the Planning Commission, after providing the pen opportunity to be heard, add additional conditions to mitigate the ! adverse impacts. This permit may be revoked at any time after a publi if it is found that the use has a significant detrimental affect on surrour uses and the public's health and welfare, or the conditions imposed hc not been met. This permit may be extended for a reasonable period o to exceed five (5) years upon written application of the permittee mal than 90 days prior to the expiration date. In granting such extension, thc PC RES0 NO. 3658 -2- . e * 1 2 3 Commission shall find that no substantial adverse affect on surrounding 1 or the public’s health and welfare will result because of the continuatic permitted use. If a substantial adverse affect on surrounding land us( public’s health and welfare is found, the extension shall be consider original application for a conditional use permit. There is no limit to thc of extensions the Planning Commission may grant. 4 4. CalBioMarine Research Laboratory shall be relocated to another site I 5 1995. No intensification or expansion of this use shall be permitted. 6 7 5. Any further intensification of the onshore facility shall require Commission approval of a Conditional Use Permit Amendment. 8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 9 Commission of the City of Carlsbad, California, held on the 18th day of May, lo the following vote, to wit: I 11 12 l3 Ij 14 15 16 17 18 li 19 /I AYES: Chairperson Savary, Commissioners: Betz, Erwin, Hal Schlehuber & Welshons. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION 20 21 ATTEST: 22 23 Planning Director 24 25 26 I I 27 28 PC RES0 NO. 3658 -3-