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HomeMy WebLinkAbout2003-04-02; Planning Commission; Resolution 53991 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. 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: 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 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: 1. 2. 3. 4. 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 PC RES0 NO. 5399 -2- grading permit or building permit, whichever comes first. 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. 5. 6. 7. 8. 9. 10. 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. PC RES0 NO. 5399 -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 11. 12. 13. 14. 15. 16. 17. 18. 19. 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 PC RES0 NO. 5399 -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 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 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 PC RES0 NO. 5399 -5- 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 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 PC RES0 NO. 5399 -6- 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 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. ... ... ... ... ... PC RES0 NO. 5399 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 2: 24 2; 2( 2: 21 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-