HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53991
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PLANNING COMMISSION RESOLUTION NO. 5399
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY
PARK AND THE CONTINUED OPERATION OF A DOG PARK
ON PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF CARLSBAD VILLAGE DRNE BETWEEN SANTA
CLARA WAY AND CONCORD STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 2.
CASE NAME: LARWIN PARK
CASE NO.: CUP 02-23
WHEREAS, City of Carlsbad, "Developer"/"Owner" has filed a verified
application with the City of Carlsbad regarding property described as
Lot 68, Carlsbad Tract 74-04, per Map thereof No. 10128, filed
in the Office of the County Recorder on June 25, 1981; also
portions of Lot "J" in Rancho Agua Hedionda, per Partition
Map thereof No. 823, filed in the Office of the County
Recorder on November 26,1886 as File No. 170873; all in the
City of Carlsbad, County of San Diego, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" - "L" dated April 2, 2003, on file in the Carlsbad Planning
Department, LARWIN PARK - CUP 02-23, as provided by Chapter 21.42 andor 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of April, 2003, 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LARWIN PARK - CUP 02-23 based on the following findings
and subject to the following conditions:
Findings:
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That the requested use is necessary or desirable for the development of the community
and is essentially in harmony with the various elements and objectives of the General
Plan in that a) the proposed park use is consistent with the OS General Plan
designation and the 0-S zoning on the site; b) the proposed park is necessary to
meet the City’s Growth Management requirements; c) the existing dog park benefits
the community by providing an off-leash area for dogs while segregating and
fencing the dog facility; and, d) the dog park contributes to the provision of a
diversified park system; and the requested use is not detrimental to existing uses
specifically permitted in the zone in which the proposed use is located in that e) the
proposed park is designed to be passive in nature to avoid undesirable impacts to
neighboring residences; f) the proposed park will incorporate fencing and walls to
screen the park activities and parking area from surrounding residences; g) the
park will incorporate only necessary pedestrian lighting which will be directed
downward to minimize impacts to surrounding residences; and, h) the design and
operational features of the existing dog park include fencing to segregate the off-
leash dog use area and limits on use times.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the proposed park use while providing adequate off-
street parking off of Vancouver Street and can also accommodate the existing dog
park while providing adequate parking for that use off of Carlsbad Village Drive.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that a) the proposed park will incorporate a solid fence
which will screen the park activities and the parking area from surrounding
residences, and b) the existing dog park incorporates fencing to segregate the off-
leash dog use area.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed park and the existing dog park
that will be served by Vancouver Street (a local street) and Carlsbad Village Drive
(a major arterial roadway) which can accommodate the anticipated traffic to be
generated by the proposed use and the existing dog park (a total of 168 ADT for
both uses), and all necessary parking (a total of 36 spaces) can be provided on-site.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
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grading permit or building permit, whichever comes first.
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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.
This Conditional Use Permit shall supersede CUP 00-07 (DOG PARK).
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall 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.
Developer shall implement, or cause the implementation of, the Larwin Park Project
Mitigation Monitoring and Reporting Program.
The Developer shall submit to the Planning Director a reproducible 24” x 36,” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 2 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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Approval is granted for CUP 02-23 as shown on Exhibits "A" - "L," dated April 2,
2003, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
A) 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.
B) This Conditional Use Permit is granted. 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 approval is granted subject to the approval of HDP 02-11 and is subject to all
conditions contained in Planning Commission Resolution No. 5400 for that other
approval incorporated herein by reference.
The Developer shall implement, or cause the implementation of, the Larwin Park
Project Mitigation Monitoring and Reporting Program.
This approval shall become null and void if building permits are not issued for this
project within 2 years from the date of project approval.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed 120 days,
upon a showing of good cause.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe a total of not less than 36 parking spaces
(including the 9 existing spaces in the Dog Park area), as shown on Exhibits "A" -
lIL.11
The dog use area shall be fully enclosed by a six-foot high, chain link fence. Patron
access to the dog use area shall be provided via a double gate system to minimize the
potential for uncontrolled dogs to exit the area as other dogs enter.
The dog use area and off-street parking area shall be surfaced with appropriate
materials, to the satisfaction of the City Engineer.
The off-street parking area shall comply with the City's required parking stall and
drive aisle dimensional standards, to the satisfaction of the Engineering
Department.
The off-street parking area for the dog use area shall be expanded to add parking in
available areas as deemed necessary by the Planning Director.
A trash can, dog solid waste bags, and a bag dispenser shall be provided on site in
the dog use area.
The dog use area shall be maintained by the Parks and Recreation Department on a
daily basis, until such time that the Parks and Recreation Department determines
that no less than 3 times per week maintenance would be adequate.
The dog use area use hours shall be limited to between the hours of 8:OO a.m. and
dusk, daily.
There shall be no lighting installed in the dog use area.
Approved park rules shall be clearly posted on the Dog Park site. In addition,
public information signage shall be posted in the dog use area and in locations
surrounding the area to help promote public awareness of the City's NPDES goals.
Signage shall explain the importance of minimizing the introduction of dog solid
waste materials into the environment of the lagoons and ocean water quality.
Additionally, signs shall be posted in middle and lower Lanvin Park indicating
areas where dogs are allowed off-leash, where dogs are allowed on-leash only, and
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where dogs are prohibited completely. Such signs shall comply with the City’s Sign
Regulations.
32. The Dog Park and the Larwin (passive) Park shall comply with all applicable ADA
requirements to the satisfaction of the Building Department.
33. The Parks and Recreation Department shall concurrently forward a copy of all Dog
Park monitoring reports given to the City Council to the Planning Commission also.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map,
building or grading permit whichever occurs first.
General
34. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
35. Developer shall preserve sight distance corridors at all streeudriveway
ingresdegress points for the dog use area in accordance with Engineering
Standards.
36. Prior to installing any facilities or completing any work within the San Diego Gas &
Electric (SDG&E) easement, the applicant shall obtain SDG&E’s permission for
such work.
Grading
37. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer 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.
38. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit fkom the City Engineer prior to issuance of a building permit for the
project. The applicant shall obtain a ‘cpermission to grade” letter or other
acceptable form of approval from SDG&E to grade within the onsite SDG&E
easement.
DedicationsDmprovements
39. Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Management Plan
(SWMP).” The SWMP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
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Quality Control Board. The SWMP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
A) Identify existing and post-development on-site pollutants.
B) Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
C) Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education on
the proper procedures for handling clean up and disposal of pollutants.
D) Ensure long-term maintenance of all post construct BMPs in perpetuity.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of April, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, Segall, and White
NOES: Commissioner Whitton
ABSENT: None
ABSTAIN: None
Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
[I PC RES0 NO. 5399 -8-