HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 42710 0
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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.
,
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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-
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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-
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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.
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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
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~ 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
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Resolution No. 4271 specifically:.
as part of the Mitigated Negative Declaration, as contained in Planning Cor
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a. Parking Monitoring Program 16
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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
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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-
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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-