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Home My WebLink About1999-12-15; Planning Commission; Resolution 4694c 0 a P- 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 4694 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVTNG A CONDITIONAL USE PERMIT TO OPERATE A CITY PARK ON PROPERTY GENERALLY LOCATED SOUTH OF THE INTERSECTION OF MELROSE DFUVE AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 18 CASE NAME: LEO CARRILLO RANCH PARK CASE NO.: CUP 99-22 7 II WHEREAS, the City of Carlsbad Parks and Recreation Departme “Developer”, has filed a verified application with the City of Carlsbad regarding property ow1 8 9 10 by the City of Carlsbad, “Owner”, described as 11 12 13 14 15 Lot 111 of Carlsbad Tract No 93-04, Rancho Carrillo, Map No 13351, filed in the Office of the County Recorder as file no. 1997-554155, and Lot 1 filed in the Office of the County Recorder as file no. 1977-68081, in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and 16 WHEREAS, said verified application constitutes a request for a Conditional 1 17 Permit as shown on Exhibit 1 dated December 15, 1999, on file in the Carlsbad Plannj 18 Department, LEO CARRILLO RANCH PARK CUP 99-22, as provided by Chapter 21 l9 20 and/or 21.50 of the Carlsbad Municipal Code; and 21 22 23 WHEREAS, at said public hearing, upon hearing and considering all testimc 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1 25 relating to the CUP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plm: WHEREAS, the Planning Commission did, on the 15th day of December 19! hold a duly noticed public hearing as prescribed by law to consider said request; and 27 11 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. 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 , I 0 0 B) That based on the evidence presented at the public hearing, the Commiss APPROVES LEO CARRILLO RANCH PARK/CUP 99-22, based on following findings and subject to the following conditions: Findings: - 1. That the requested use is necessary or desirable for the development of the community essentially in harmony with the various elements and objectives of the General Plan, E is not detrimental to existing uses specifically permitted in the zone in which proposed use is located, in that the City General Plan calls for use of the Leo Carri Ranch site as a passive community park, as opposed to an active sports-rela1 community park, and that conditions of approvaVmitigation measures relating parking, lighting and noise have been incorporated into the CUP approval. 2. That the site for the intended use is adequate in size and shape to accommodate the use. that the acreage of the Leo Carrillo Ranch Park site is approximately 28 acr which exceeds the 20 acre minimum, community park standard identified in 1 General Plan. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary adjust the requested use to existing or permitted future uses in the neighborhood will provided and maintained, in that an architecturally enhanced perimeter wall, which compatible with surrounding structures, has been installed; and the existir relatively dense landscaping will be maintained and enhanced with the installati of more landscaping. 4. That the street system serving the proposed use is adequate to properly handle all traf generated by the proposed use, in that the street system in that area has been designed accommodate the anticipated level of traffic generation. I ~ Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildil permit. I ' 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or fiuther condition issuance of hture building permits; deny, revoke or further condition all certificates of occupan issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. 1 vested rights are gained by Developer or a successor in interest by the City's approval this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctio: and modifications to the Conditional Use Permit documents, as necessary to make the internally consistent and in conformity with the final action on the project. Developme PC RES0 NO. 4694 -2- -c 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 I 0 0 shall occur substantially as shown on the approved Exhibits. Any proposed developm different fi-om this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and 10 ordinances in effect at the time of building permit issuance. 4. The Developer shall submit to Planning a reproducible 24” x 36”, mylar copy of the 5 Plan reflecting the conditions approved by the final decision making body. 5. a) This Conditional Use Permit shall be reviewed by the Planning Director on a yea basis to determine if all conditions of this permit have been met and that the use does 1 have a substantial negative effect on surrounding properties or the public health 2 welfare. If the Planning Director determines that the use has such substantial negat. effects, the Planning Director shall recommend that the Planning Commission, ai providing the permittee the opportunity to be heard, add additional conditions to red1 or eliminate the substantial negative effects. b) This Conditional Use Permit is granted for a period of 10 years. This permit may revoked at any time after a public hearing, if it is found that the use has a substant detrimental effect on surrounding land uses and the public’s health and welfare, or t conditions imposed herein have not been met. This permit may be extended for reasonable period of time not to exceed 10 years upon written application of the permit1 made no less than 90 days prior to the expiration date. The Planning Commission m not grant such extension, unless it finds that there are no substantial negative effects surrounding land uses or the public’s health and welfare. If a substantial negative effi on surrounding land uses or the public’s health and welfare is found, the extension sh be denied or granted with conditions which will eliminate or substantially reduce su effects. There is no limit to the number of extensions the Planning Commission m grant. 6. Use of street parking in the adjacent residential area by Leo Carrillo Park patror employees, or volunteers is prohibited. Residential streets in this case shall me: these streets which have residences fronting on them. The Parks and Recreatic Department, or their designee, shall be responsible for monitoring and directil parking activity in the adjacent residential area during Park hours of operation a1 for the life of the project. 7. Prior to opening the Park to the public, a parking management plan shall 1 submitted by the Parks and Recreation Department, or their designee, to t’ Planning Director for review and approval. The parking management plan sh: outline measures that will be taken to reduce parking demand at the park site f, both public and private events. Measures may include, but are not limited t identification of off-site or satellite parking areas, encouragement of c: poolinghidesharing activities and alternate modes of transportation (i.e. providiI bike racks etc.), public information, etc. ~ 8. Prior to the issuance of any permit the Park and Recreation Department shi submit for inclusion onto the case file a copy of a document which demonstrates, the satisfaction of the Parks Department, that the Leo Carrillo Ranch Park hr PC RES0 NO. 4694 -3- 7 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 e authorized use of parking spaces at the Leo Carrillo Elementary School site. ‘ document shall identify the amount of spaces available to the Park and day/hours which the parking spaces will be available. 9. Leo Carrillo Ranch Park hours of operation shall be limited to be between the ha of 8:OO a.m. to 1O:OO p.m. However, no live entertainment, or amplified sounc any kind, shall be conducted from the Leo Carrillo Ranch Park site after the houl 8:00 p.m. on Sunday through Thursday, after the hour of 10 p.m. on Fridays 2 Saturdays, or before the hour of 10 a.m. on any day. Except that on one occas during each month of the year live entertainment or amplified sound can extc beyond the hour of 8:00 p.m. on a week night, but never beyond 1O:OO p.m. 10. Site exterior lighting, permanent and temporary, shall be designed to minin adverse impacts on surrounding residential and wildlife habitat areas. Prior to issuance of any permit the Parks and Recreation Department, or their desigr shall submit a detailed plan indicating the types and location of all exterior light for the review and approval of the Planning Director. Prior to the installation any temporary lighting for any event, the Parks and Recreation Department, their designee, shall submit a request (accompanied by exhibits) to the Planni Director for review and approval. 11. The Parks and Recreation Department, or their designee, shall be responsible ensuring that all site improvements including, but not limited to, building/structl rehabilitation and additions; site furniture such as seating, lighting, signage, el new landscape materials; pedestrian and vehicular paved surfaces, and drain: facilities be designed in conformance with the exhibits and design guidelil contained in the adopted Leo Carrillo Ranch Master Plan. 12. All site improvements shall be designed to comply with all Building and Safc Engineering, and Fire Department requirements. Prior to the issuance of a permit, detailed plans shall be submitted to the to the appropriate departments j review. 13. Prior to the issuance of any permit, the archeological resource area identified on 1 site (#SDI 12,407B) shall be capped with fabric, soil, and shallow rooting vegetatil The site work shall be supervised by a qualified archeologist. 14. Prior to the issuance of any permit, the Parks and Recreation Department, or th designee, shall submit to the Planning Director for review and approval conceptual landscape plan concerning the westerly portion of the site. 1 landscape plan shall indicate 1) landscape materials will be installed along t perimeter of the woodlands/riparian area to create a buffer and discourage hum intrusion and 2) the area identified as “open space area” on the site plan will maintained as a passive activity, grassland area. All landscape materials shall native or native-compatible, as deemed appropriate by the Planning Director. 15. Prior to opening the Park to the public, the Parks and Recreation Department their designee shall install signs along the woodland/riparian area which discoura human intrusion into the area. PC RES0 NO. 4694 -4- 7 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 e NOTICE Please take NOTICE that approval of your project includes the “imposition” of f dedications, reservations, or other exactions hereafter collectively referred to convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of th feedexactions. If you protest them, you must follow the protest procedure set fort1 Government Code Section 66020(a), and file the protest and any other requi information with the City Manager for processing in accordance with Carlsbad Munici Code Section 3.32.030. Failure to timely follow that procedure will bar any subseqt legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specif feedexactions DOES NOT APPLY to water and sewer connection fees and capac charges, nor planning, zoning, grading or other similar application processing or serv fees in connection with this project; NOR DOES IT APPLY to any fees/exactions which you have previously been given a NOTICE similar to this, or as to which statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 15th day of December 1999 by 1 following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNTNG COMMISSION ATTEST: Planning Director PC RES0 NO. 4694 -5-