HomeMy WebLinkAbout2003-07-16; Planning Commission; Resolution 54331
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Q
PLANNING COMMISSION RESOLUTION NO. 5433
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE YEAR EXTENSION OF A
CONDITIONAL USE PERMIT TO ALLOW AN
AQUACULTURE FACILITY ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD
NORTH OF THE ENCINA POWER PLANT IN AND
ADJACENT TO AGUA HEDIONDA LAGOON IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD AQUAFARMS
CASE NO.: CUP 194(B)x4
WHEREAS, John Davis, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by Cabrillo Power I, LLC, “Owner,” described as
All that portion of the Rancho Agua Hedionda, in the County
of San Diego, State of California, according to the Partition
Map No. 823, filed in the Office of the County Recorder of San
Diego County, November 1, 1986, situated in that portion
thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated May 18,1984, on file in the Carlsbad Planning
Department, CARLSBAD AQUAFARMS - CUP 194(B)x4 as provided by the conditions of
approval of CUP 194(B)x3 and Chapter 2 1.42 andor 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day”of July, 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 Extension.
WHEREAS, on December 5, 2001, the Planning Commission approved CUP
194(B)x3 as described and conditioned in Planning Commission Resolution No. 5106.
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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 Planning
Commission APPROVES CARLSBAD AQUAFARMS - CUP 194(B)x4 based
on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 194(B)x3 which are contained in Planning Commission
Resolution No. 5106 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
4.
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 modi@ all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or hrther 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.
All conditions of approval imposed upon Conditional Use Permit CUP 194(B)x3 as
stated in Planning Commission Resolution No. 5106 shall apply as conditions of approval
for CUP 194(B)x4 and are incorporated by this reference except Condition No. 3 is
replaced by Condition No. 4 below and Condition No. 13 of Resolution No. 3214 for
CUP 194(B)x1, which is replaced by Condition No. 5 below.
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 retroactively granted for a period of five (5) years fiom
May 7, 2003 through May 6, 2008. 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 5 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,
PC RES0 NO. 5433 -2-
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5.
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.
Applicant shall enter into an updated agreement with the City in a form acceptable
to the City Attorney, acknowledging that there have been claims of unacceptable
levels of fecal coliform and other bacteriological conditions which render
applicant’s shellfish at times unmarketable, unsalable and not fit for human
consumption under the laws, ordinances, policies and regulations of Federal, State,
County or local jurisdictions. Furthermore, applicant recognizes that its business
may be interrupted from time to time resulting from an application of these laws,
ordinances, regulations or policies. Nonetheless, applicant desires to extend its
Conditional Use Permit and continue its operations upon certain terms and
conditions.
Therefore, being fully aware of these possible consequences, applicant waives all
claims for causes of action against the City, the Encina Administrative Agency
(EM) and its member agencies or their officers and employees from any and all
damages or liabilities resulting from or arising out of the operation of its business in
and adjacent to the Agua Hedionda Lagoon. The applicant further waives any and
all claims for business interruption, loss of profits, taking of property or injury to
business reputation to the fullest extent allowed by law. In addition, applicant
indemnifies and holds harmless the City, EM and its member agencies, their
officers and employees from any and all claims, demands, causes of action, liability
or loss of any sort asserted by third persons resulting from or arising out of
applicant’s continued operation of its business and further agrees to pay all costs
including defense costs and attorneys fees and all judgments against the City,
Encina and its member agencies, their officers and employees.
En~ineerin~ :
6. Within six (6) months of approval of this Conditional Use Permit extension, developer shall
submit and receive approval for a Storm Water Management Plan (SWMP) to the City of
Carlsbad Engineering Department. This project qualifies as a “priority project” as defined
by California Regional Water Quality Control Board San Diego Region Order No. 2001-01,
and therefore, the project is required to capture and reduce pollutants to a level of
insignificance. The organization and content of the SWMP shall be prepared in accordance
with the guidelines established by the City of Carlsbad. The SWMP shall address the
anticipated pollutants of concern associated with the project. The SWMP shall also suggest
the type(s) of post-construction (structural) Best Management Practices (BMPs) required to
capture and filter said pollutants of Concern.
7. Prior to the next annual review of this Conditional Use Permit, developer shall have
constructed the necessary BMP measures necessary to capture and filter the anticipated
pollutants of concern associated with the project in accordance with the SWMP and the
latest California National Pollutant Discharge Eliminate System (NPDES) permit.
PC RES0 NO. 5433 -3-
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NOTICE
Please take NOTICE that approval of your project includes the “lLnposition” 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of July, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Montgomery, Segall, and
White
NOES: None
ABSENT: Commissioners Dominguez, Heineman, and Whitton
ABSTAIN: None
ATTEST:
Planning Director
PC RES0 NO. 5433 -4-