HomeMy WebLinkAbout1997-06-04; Planning Commission; Resolution 4112c 0 I)
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PLANNING COMMISSION RESOLUTION NO. 4112
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
ALLOW THE CONTINUED PLACEMENT AND OPERATION
OF A MODULAR INFORMATION CENTER ON PROPERTY
GENERALLY LOCATED NORTH OF THE BATIQUITOS
LAGOON, BETWEEN GABBIANO LANE AND BATIQUITOS
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: BATIQUITOS LAGOON FOUNDATION
CASE NO.: CDP 96-15
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
COASTAL DEVELOPMENT PERMIT NO. CDP 96-15 TO
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, City of Carlsbad, County of San Diego
(“the Property”); and
WHEREAS, said verified application constitutes a request for a C
Development Permit as shown on Exhibits “A” - “B”, dated June 4., 1997, on file :
Planning Department, Coastal Development Permit (CDP 96-15) as provided by C:
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of June 1997, lr
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CDP 96-15.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pk
Commission 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 Commission
APPROVES Coastal Development Permit CDP 96-15, based on the following
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no agriculture or prime agricultural lands,
environmentally sensitive resources or scenic resources exist on site; no earthwork is
proposed, therefore no geotechnical issues exist; the location of the information
.center would not interfere with the Batiquitos Lagoon North Shore Trail while still
providing an educational benefit to visitors of the coastal zone and Batiquitos
Lagoon; and the single-wide modular building is painted with a brown hue to lessen
its visual impact from public views on the Interstate 5 freeway.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the existing public access trail and parking areas for that
trail would not be impacted by the location of the information center and the
provision of visitor services through the Batiquitos Lagoon Foundation docent
program enhances the recreational opportunities for visitors to the Batiquitos
Lagoon
Conditions:
1. The Planning Commission does hereby APPROVE the Coastal Development Permit for
the project entitled BLF Information Center (Exhibits “A” - “B”, dated June 4, 1997,
on file in the Planning Department and incorporated by this reference, subject to the
conditions herein set forth.) Staff is authorized and directed to make, or require
Developer to make, all corrections and modifications to the Coastal Development
Permit documents, as necessary, to make them internally consistent and in conformity
with final action on the project. Development shall occur substantially as.shown in the
approved Exhibits. Any proposed development substantially different from this approval,
shall require an amendment to this approval.
2. Approval of CDP 96-15 is granted subject to the approval of CUP 96-26. CDP 96-15 is
subject to all conditions contained in Planning Commission Resolutions No. 4111 for
CUP 96-26.
General:
3. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time; if -any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
I PC RES0 NO. 41 12 -2-
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a a
compel their compliance with said conditions or seek damages for their violatio
vested rights are gained by Developer or a successor in interest by the City's appro
this Coastal Development Permit.
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, 1
Savary and Welshons
NOES: None
ABSENT: Commissioner Compas
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
Planning Director
PC RES0 NO. 41 12 -3-