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HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 42710 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 PLANNING COMMISSION RESOLUTION NO. 4271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A CITY SKATEBOARD PARK ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL AND SOUTH OF ORION WAY IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: CITY SKATEBOARD PARK CASE NO.: CUP 98-05 WHEREAS, the City of Carlsbad , “Developer”, has filed a verified a] with the City of Carlsbad regarding property owned by the City of Carlsbad, ‘ described as A portion of Lot “B” of Rancho Agua Hedionda according to Map No. 823, filed November 16, 1896 in the office of the San Diego County Recorder. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditj Permit as shown on Exhibits “A”-”C” dated April 15, 1998, on file in the Carlsbad Department, CITY SKATEBOARD PARK CUP 98-05, as provided by Chapter 21 .‘ 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of April 199 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. , 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 0 B) That based on the evidence presented at the public hearing, the COI APPROVES CITY SKATEBOARD PARK CUP 98-05, based on the 1 findings and subject to the following conditions: Findings: 1. The skateboard park is consistent with the General Plan by providing a p will add to the diversity of the City’s park types and reflects contemporaq and concepts for recreational land uses. The City’s Parks and Recreation encourages the design and development of park sites in conjunction with user groups. The provision of this park will provide an alternative to other the City that prohibit skateboarding due to public safety factors. 2. That the requested use is necessary or desirable for the development of the comr essentially in harmony with the various elements and objectives of the General is not detrimental to existing uses specifically permitted in the zone in u proposed use is located, in that the skateboard park is to be located in a site chosen by the City Council after recommendations and studies made on 1 skateboard park sites in the City by a Council appointed committee in 19’ site is located in the City’s Safety Center which is currently undergoing a IC planning assessment for overall facility needs; the long term planning required to consider the skateboard park as an established land use in t The standard conditional use permit provisions will help to ensure lasting compatibility. The site’s General Plan designation of Governmental Serv zoning designation of Open Space allow a park site via the conditional USI process. In addition, the site is located within the Palomar Airport Influer per the airport’s Comprehensive Land Use Plan (CLUP). This project t with all applicable provisions of the CLUP. 3. That the site for the intended use is adequate in size and shape to accommodate tk that the 40,000 square foot site can accommodate the proposed 15,000 squ skateboard park and related improvements as shown on the project exhibits 4. That all the yards, setbacks, walls, fences, landscaping, and other features necc adjust the requested use to existing or permitted future uses in the neighborhooc provided and maintained, in that the park is proposed for an infill site and existing parking lots and areas to service the skate park users. Potenti regarding the adequacy of the parking provisions for the long term use oft park are resolved by the project’s environmental mitigation measure of a Monitoring Program. Currently, approximately 147 parking spaces are ava the area but may also be utilized by users associated with other activities in t Other improvements associated with the park will be separation fencing betx Fire Station and the park; a portable restroom location, walkways, 1 landscaping (ornamental and shade), lighting fixtures for nighttime use ( PM) and signage (regulatory, informational and directional signage). No re! or other sensitive uses exist in the area which could be impacted by the park. ~ PC RES0 NO. 4271 -2- 0 0 1 2 q 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 5. That the street system serving the proposed use is adequate to properly handle , generated by the proposed use, in that the park will not adversely im vehicular, bicycle or pedestrian traffic flow along Orion Way or around tt Center in general. Daily Fire and Police operations will not be adversely i by the park. Users of the park will access the site via existing, improved r and use existing parking lots and areas within walking distance to the park. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all ca and modifications to the Conditional Use Permit documents necessary to m: internally consistent and in conformity with final action on the project. Devl shall occur substantially as shown in the approved Exhibits. Any proposed devl different from this approval, shall require an amendment to this approval. 2. The Developer shall provide the City with a reproducible 24” x 36”, mylar co] Site Plan as approved by the final decision making body. The Site Plan shall r( conditions of approval by the City. The Plan copy shall be submitted to Engineer and approved prior to building, grading, final map, or improvem submittal, whichever occurs first. 3. This Conditional Use Permit is granted for a period of three years. This Conditj Permit shall be reviewed by the Planning Director on a yearly basis to determ conditions of this permit have been met and that the use does not have a SL negative effect on surrounding properties or the public health and welfare. Planning Director determines that the use has such substantial negative eff Planning Director shall recommend that the Planning Commission, after provi permittee the opportunity to be heard, add additional conditions to reduce or elin: substantial negative effects. This permit may be revolted at any time after hearing, if it is found that the use has a substantial detrimental effect on surrounc uses and the public’s health and welfare, or the conditions imposed herein have met. This permit may be extended for a reasonable period of time not to ex( years upon written application of the permittee made no less than 90 days pri expiration date. The Planning Commission may not grant such extension, unles that there are no substantial negative effects on surrounding land uses or the health and welfare. If a substantial negative effect on surrounding land us( public’s health and welfare is found, the extension shall be denied or gran conditions which will eliminate or substantially reduce such effects. There is nc the number of extensions the Planning Commission may grant. 4. An exterior lighting plan focusing on the skating areas of the Skateboard P: be submitted for Planning Director approval prior to light pole/lighting installation. All lighting shall be designed to reflect downward - and avoid any on adjacent property. PC RES0 NO. 4271 -3- ll e 0 1 5. No outdoor storage of materials shall occur onsite unless required by the Fire ( such instance a storage plan will be submitted for approval by the Fire Chiei 2 Planning Director. 3 4 5 6 7 6. The Developer shall prepare a detailed landscape and irrigation plan in conform2 the approved Preliminary Landscape Plan and the City's Landscape Manual. 1 shall be submitted to and approval obtained from the Planning Director pric approval of the final map, grading permit, or building permit, whichever occurs f Developer shall construct and install all landscaping as shown on the approved p maintain all landscaping in a healthy and thriving condition, free from weeds, t debris. 8 7. The Developer shall submit and obtain Planning Director approval of a unif; program for this development prior to opening the park for public use. ' The sign program shall address, at a minimum, the following: 9 program shall consider informational signs, regulatory signs and direction 10 11 12 ~ 0 Signage indicating parking options/locations 0 Overall park site identification 0 All regulatoryh-equired signage for safety equipment use, hours of opera 13 8. This project shall comply with all conditions and mitigation measures which are 14 Resolution No. 4271 specifically:. as part of the Mitigated Negative Declaration, as contained in Planning Cor 15 a. Parking Monitoring Program 16 17 18 19 20 21 22 23 24 25 26 27 b. Any grading proposed between February 15 and August 30 will requi directed survey of all on-site Diegan coastal sage and Diegan coastal sa within 500 feet of the project boundary be performed. The survey is in1 determine the presence of breeding or nesting gnatcatchers which I affected by brushing or construction (including grading) activities, as it from the schedule that these activities will need to be performed w recognized breeding season for the gnatcatcher (February 15 through A annually). The survey shall not be conducted more than 48 hours pri commencement of brushing or construction activities. It is not anticip: the biologist would need to enter the off-site property to conduct this SUI therefore, access would not be required. The biologist who performs th must be in possession of a current federal section lO(a)(l)(A) pe i gnatcatchers. c. If breeding or nesting gnatcatchers are detected on-site, per any directed survey, no brushing of their habitat should occur until after A unless it has been determined by the monitoring biologist that breec nesting birds are no longer present. If gnatcatchers are nesting within off-site, construction activities which exceed 60 dB may not be conduc after August 30, unless it has been determined that nesting birds are I 28 11 PC RES0 NO. 4271 -4- 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 0 present in the habitat or other measures acceptable to the Service are minimize impacts. On-site brushing activities could be conducted, howel d. As the amount of Diegan coastal sage scrub to be affected by implementation is less than one acre and its loss would not comprol City's ability to prepare and implement their Habitat Management Pla~ be possible to process the habitat loss using a de minimus exemption to Special Rule. This exemption allows for an expedited process, provided demonstrated that gnatcatchers will not be adversely affected and miti; provided. The amount of habitat loss must still be deducted from the C percent and this amount forwarded to SANDAG for use in their tracking system. 9. Prior to issuance of any building permit, the developer shall comply requirements of the City's anti-graffiti program for wall treatments if and whe program is formerly established by the City. 10. Prior to hauling dirt or construction materials to or from any proposed constru within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condi requirements the City Engineer may impose with regards to the hauling operatior 11. Prior to the issuance of a grading permit or building permit, whichever occurs developer shall submit proof that a Notice of Intention has been submitted to Water Resources Control Board. 12. Prior to hauling dirt or construction materials to or from any proposed constru within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condj requirements the City Engineer may impose with regards to the hauling operatio] 13. The developer shall provide for sight distance corridors at all street interse accordance with Engineering Standards and shall record the following stateme Final Map (and in the CC&Rs). "NO structure, fence, wall, tree, shrub, sign, or other object over 30 incl the street level may be placed or permitted to encroach within the area as a sight distance corridor in accordance with City Standard Public Strec Criteria, Section 8.B.3. The underlying property owner shall mail condition." 14. The developer shall exercise special care during the construction phase of this : prevent offsite siltation. Planting and erosion control shall be provided in ac with the Carlsbad Municipal Code and the City Engineer. 15. The developer shall comply with the City's requirements of the National 1 PC RES0 NO. 4271 -5- . 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 * Discharge Elimination System (NPDES) permit. The developer shall pro management practices as referenced in the "California Storm Wa Management Practices Handbook" to reduce surface pollutants to an ac level prior to discharge to sensitive areas. Prior to occupancy of any build developer shall install wheelchair ramps at the public street corners abul project in conformance with City of Carlsbad Standards. 16. If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time, if any of such conditions fail t implemented and maintained according to their terms, the City shall have thc revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further condition all certificates of 01 issued under the authority of approvals herein granted; institute and prosecute liti compel their compliance with said conditions or seek damages for their viola vested rights are gained by Developer or a successor in interest by the City's apl this Conditional Use Permit. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 15th day of April, 199: following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, N .Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY NO$E, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4271 -6-