HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 49421
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PLANNING COMMISSION RESOLUTION NO. 4942
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP AND OPERATE
A PARK USE ON PROPERTY GENERALLY LOCATED AT
THE SOUTHEAST CORNER OF FARADAY AVENUE AND
CAMINO HILLS DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: ZONE 5 PARK INTERIM BALLFIELD
CASE NO.: cup 01-01
WHEREAS, the City of Carlsbad, “Developer”/“Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 96 of Carlsbad Tract 85-24, Unit 5 per Map 12815 as
recorded in the Office of the County Recorder, San Diego, on
May 16,199l. APN: 212-130-21
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit “A” dated April 18, 2001, on file in the Carlsbad Planning
Department, ZONE 5 PARK INTERIM BALLFIELD - CUP 01-01, as provided by Chapter
21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of April 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES ZONE 5 PARK INTERIM BALLFIELD - CUP 01-01, based on
the following findings and subject to the following conditions:
Findings: 1
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1.
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4.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed park use will mitigate the future loss of
the Safety Center ballfield and will provide daytime recreational space for the
industrial office workers in the vicinity. The project will satisfy various General
Plan objectives to provide quality of life amenities to those who live and work in the
city.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the city’s parks development staff has proposed a ballfield design that would
accommodate either baseball activities or other activities that require grassy areas
such as soccer or Frisbee-based sports. The site can accommodate a 20-space
parking lot to serve the use.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed interim ballfield proposes fencing,
signage and landscaping as appropriate for this type of use. The provision of a 20-
space parking lot is determined by Parks and Recreation staff to be adequate to
serve the park based on current park usage and past experience.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Faraday Avenue and Camino Hills street
systems are public street segments that will adequate to serve the park use of this
site. In addition the Faraday roadway has sidewalks on both sides to facilitate
pedestrian access to the site from adjacent buildings.
Conditions:
Note: Unless othetwise specified herein, all conditions shall be satisfied prior to opening the
park for pubic use.
1. If any of the following 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
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the CUP 01-01 documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
PC RESO NO. 4942 -2.
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3.
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occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer shall submit to Planning Director a reproducible 24” x 36”, mylar copy
of the Site Plan reflecting the conditions approved by the final decision making body.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of five years from April 18,200l to
April 18, 2006. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public’s health and welfare.
If a substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
This approval is granted subject to the approval of SP 180(F) and is subject to all
conditions contained in Planning Commission Resolution No. 4943 for those other
approvals.
Approval of this project will allow the interim ballfield to be developed up to the
maximum intensity shown on the project exhibit (Exhibit “A” dated April 18, 2001).
However, if determined by the Public Works Director, in consultation with the
Parks and Recreation Director, that interim ballfield improvements less than the
PC RESO NO. 4942 -3.
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improvements shown on Exhibit “A” are warranted, then those lesser improvements
may be implemented from this approval. Furthermore, the proposed parking area
shall not be formally improved with grading and paving as shown on Exhibit “A”
unless a coastal development permit has been obtained.
Engineering:
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, contractor shall apply for and obtain approval from the City Engineer
for the proposed haul route.
Grading
11. Prior to the start of any grading, contractor shall submit to the City Engineer proof that
a Notice of Intention for the start of work has been submitted to the State Water
Resources Control Board.
Dedications/Improvements
12. Contractor shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit, Contractor shall provide improvements
constructed pursuant to best management practices as referenced in the “California Storm
Water Best Management Practices Handbook” to reduce surface pollutants to an
acceptable level prior to discharge to sensitive areas. Plans for such improvements shall
be submitted to and subject to the approval of the City Engineer. Said plans shall include
but not be limited to notifying prospective users and maintenance personnel of the
following:
A. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
B. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
13. Contractor shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
PC RESO NO. 4942 -4-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of April 2001 by the
following vote, to wit:
AYES: Chairperson &gall, Commissioners Baker, Compaq L’Heureux,
Nielsen, and Trigas
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
k
ATTEST:
MICHAEL .I. HtiZMItiER
Planning Director
PC RESO NO. 4942