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Home My WebLink About1997-06-04; Planning Commission; Resolution 4111t 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s * 0 PLANNING COMMISSION RESOLUTION NO. 4111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED PLACEMENT AND OPERATION OF A MODULAR INFORMATION CENTER ON PROPERTY GENERALLY LOCATED NORTH OF BATIQUITOS LAGOON, BETWEEN GABBIANO LANE AND BATIQUITOS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BATIQUITOS LAGOON FOUNDATION CASE NO.: CUP 96-26 WHEREAS, Batiquitos Lagoon Foundation, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Aviara Land Assoc “Owner”, described as: INFORMATION CENTER Lot 77 of Carlsbad Tract CT 90-30, Unit 2, according to Map No. 13370, filed in the Office of the County Recorder on November 8, 1996, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditioni Permit as shown on Exhibits “A” - “B” dated June 4, 1997, on file in the Carlsbad Pls Department, Conditional Use Permit CUP 96-26, as provided by Chapter 21.42 of the Ca Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of June 1997, I duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testj and arguments, if any, of all persons desiring to be heard, said Commission considered all f relating to CUP 96-26. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PL Commission of the City of Carlsbad as follows: 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 e 0 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm APPROVES Conditional Use Permit CUP 96-26, based on the follc findings and subject to the following conditions: FindinEs: 1. That the requested use is necessary or desirable for the development of the commur essentially in harmony with the various elements and objectives of the General Pla is not detrimental to existing uses specifically permitted in the zone in whic proposed use is located, in that the information center promotes usage and enjoj of the North Batiquitos Shore Trail; all improvements lie outside of any sen upland or wetlands areas or buffers; and the information center is compatiblt the surrounding open space uses. 2. That the site for the intended use is adequate in size and shape to accommodate the K that the entire modular building and related access ramps, overhead ! structures and garden can fit within the previously disturbed area wi encroachment into the upland vegetation or the wetlands buffer. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess; adjust the requested use to existing or permitted future uses in the neighborhood P provided and maintained, in that no adjustments besides the brown paint to min visual impacts are necessary to adjust the lagoon information center sinc existing and permitted future uses are open space and require additional setbac special features for protection. 4. That the street system serving the proposed use is adequate to properly handle all generated by the proposed use, in that Gabbiano Lane is a local street capal accommodating the approximately five to ten average daily trips generated € information center. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Permit fi project entitled Batiquitos Lagoon Foundation Information Center (Exhibits ‘ “B” dated June 4, 1997, on file in the Planning Department and incorporated b reference, subject to the conditions herein set forth.) Staff is authorized and direc make, or require Developer to make, all corrections and modifications to the Condj Use Permit documents, as necessary, to make them internally consistent a. conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially differen this approval, shall require an amendment to this approval. PC RES0 NO. 41 11 -2- 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 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. If any condition for construction of any public improvements or facilities, or the pa: of any fees in-lieu thereof, imposed by this approval or imposed by law on this resid housing project are challenged this approval shall be suspended as provid, Government Code Section 66020. If any such condition is determined to be invalj approval shall be invalid unless the City Council determines that the project with0 condition complies with all requirements of law. 4. Approval of CUP 96-26 is granted subject to the approval of CDP 96-15. CUP 96 subject to all conditions contained in Planning Commission Resolution No. 413 CDP 96-15. 5. This Conditional Use Permit is granted for a period of one (1) year. This Condi Use Permit shall be reviewed by the Planning Director on a yearly basis to detem all conditions of this permit have been met and that the ,use does not have a subst negative effect on surrounding properties or the public health and welfare. : Planning Director determines that the use has such Substantial negative effect Planning Director shall recommend that the Planning Commission, after providir permittee the opportunity to be heard, add additional conditions to reduce or elimins Substantial negative effects. This permit may be revoked at any time after a 1 hearing, if it is found that the use has a Substantial detrimental effect on surroundin; uses and the public's health and welfare, or the conditions imposed herein have not met. This permit may be extended for a reasonable period of time not to exceed 01 years upon written application of the permittee made no less than 90 days prior 1 expiration date. In accordance with Section 21.42.010(5)(s) of the Zoning Ordin the Planning Commission shall not extend this Conditional Use Permit I: construction of the permanent structure intended for occupancy by the appl has begun and reasonable progress towards completion has been I Additionally, the Planning Commission may not grant such extension, unless it find there are no Substantial negative effects on surrounding land uses or the public's I and welfare. If a Substantial negative effect on surrounding land uses or the pu health and welfare is found, the extension shall be denied or granted with cond which will eliminate or substantially reduce such effects. 6. The Developer shall report, in writing, to the Planning Director within 30 day5 ~ address change from that which is shown on the conditional use permit application. 7. No outdoor storage of materials shall occur onsite unless required by the Fire Chic such instance a storage plan will be submitted for approval by the Fire Chief ar Planning Director. ... ... PC RES0 NO. 41 11 -3- 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 0 e Water District: 8. The entire potable water system, reclaimed water system and sewer system sh, evaluated in detail to ensure that adequate capacity, pressure and flow demands c met. 9. The developer shall be responsible for all fees, deposits and charges which u collected before and/or at the time of issuance of the building permit. The San County Water Authority capacity charge will be collected at issuance of applicatit meter installation. 10. Sequentially, the developers engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requiren Also obtain a GPM demand for domestic and irrigational needs from appro parties. b. Prepare a colored reclaimed water area use map and submit to the Pla Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water improvement a meeting must be scheduled with the District Engineer for review, comme~ approval of the preliminary system layouts and usages (i.e., GPM - EDU), 11. The project is approved on the expressed condition that building permits will n issued for development of the subject property unless the water district servin development determines that adequate water service and sewer facilities will contir be available until time of occupancy. General: 12. If any of the foregoing conditions fail to occur; or if they are, by their terms, implemented and maintained over time; if any of such conditions fail to 1 implemented and maintained according to their terms, the City shall have the rij revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigat, compel their compliance with said conditions or seek damages for their violatior vested rights are gained by Developer or a successor in interest by the City’s appro’ this Conditional Use Permit. Code Reminders: 13. Approval of this request shall not excuse compliance with all applicable sections ( Zoning Ordinance and all other applicable City ordinances in effect at time of bu: permit issuance, except as otherwise specifically provided herein. ~ PC RES0 NO. 41 11 -4- Q 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 e 0 14. The project shall comply with the latest non-residential disabled access require pursuant to Title 24 of the State Building Code. 15. Any signs proposed for this development shall at a minimum be designed in confon with the City's Sign Ordinance and shall require review and approval of the PIE Director prior to installation of such signs. PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 4th day of June 1997, t following vote, to wit: AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, P Savary and Welshons NOES: None ABSENT: Commissioner Compas ABSTAIN: None ,,"-."^-"- ./<> .p /" , -5."' // 4- / ,i.4/'" .j' /?-: ' !" \"- "~---c~~~.~~ .. " .._,,,,, 4.e. j__, "a REBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I I Planning Director PC RES0 NO. 41 11 -5-