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HomeMy WebLinkAbout2001-04-18; Planning Commission; Resolution 49421 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. 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 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 1. 2. 3. 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. 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 3. 4. 5. 6. 7. a b 8. 9. 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. 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 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