HomeMy WebLinkAbout2003-07-16; Planning Commission; Resolution 54381
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PLANNING COMMISSION RESOLUTION NO. 5438
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE THREE YEAR AND ONE MONTH
EXTENSION TO JULY 16, 2003 AND AN INDEFINITE
EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING
A COMMUNITY PARK ON PROPERTY GENERALLY
LOCATED AT 3430 CAMINO DE LOS COCHES IN LOCK
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: STAGECOACH PARK
CASE NO.: CUP 265x2
WHEREAS, City of Carlsbad, “Developer”/”Owner” has filed a verified
application with the City of Carlsbad regarding property described as
Those portions of Lots 5 and 6 in Section 31, Township 12
South, Range 3 West, San Bernardino Base and Meridian,
according to United States Government Survey, and of Section
6, Township 13 South, Range 3 West, San Bernardino Base
and Meridian, according to United States Government Survey,
and of Lots 4,5,8, and 9 of Rancho Las Encinitas, according to
Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, June 27, 1898, all being in the
City of Carlsbad, in the County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “B” dated June 3, 1985, on file in the Carlsbad
Planning Department STAGECOACH COMMUNITY PARK - CUP 265, as provided by the
conditions of approval of CUP 265x1 and Chapter 2 1.42 and/or 21 SO 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
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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 July 9,1990, the Planning Commission approved CUP 265x1 as
described and conditioned in Planning Commission Resolution No. 3060.
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 STAGECOACH COMMUNITY PARK - CUP
265x2 based on the following findings and subject to the following conditions:
Findings:
1. The adopted findings for CUP 265x1 which are contained in Planning Commission
Resolution No. 3060 apply to this extension and are incorporated by this reference.
Conditions:
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.
All conditions of approval imposed upon Conditional Use Permit CUP 265x1 as stated in
Planning Commission Resolutions No. 2452 and 3060 shall apply as conditions of
approval for CUP 265x2 and are incorporated by this reference, except Conditions No. 6,
7, 8,ll through 16, and 20 through 35, and 38 through 44, of Resolution 2452 and
Condition No. 1 of Resolution 3060 which have been satisfied, and Condition No. 2 of
Resolution 3060 is replaced by Condition No. 3 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
2.
3.
PC RES0 NO. 5438 -2-
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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 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.
Eneineerinp:
4. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer 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 from the site. 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 notifymg prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. 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.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
5. Within six (6) months of the date of the extension of this Conditional Use Permit,
Developer shall submit to and receive approval from the City of Carlsbad
Engineering Department of a Storm Water Management Plan (SWMP). Pursuant
to Order No. 2001-01 issued by the California Regional Water Quality Control
Board (CRWQCB), this project qualifies as a “priority project” and is required to
capture and reduce pollutants to the maximum extent practicable. The SWMP shall
be prepared in accordance with the City of Carlsbad Standard Urban Stormwater
Management Plan (SUSMP). The SWMP shall address the anticipated pollutants of
concern associated with the Project and shall suggest the type(s) of post-construction
(source control and structural control) Best Management Practices (BMPs) required
to capture and filter said anticipated pollutants of concern.
6. Within twelve (12) months of the date of the extension of this Conditional Use
Permit, Developer shall have constructed and/or implemented the necessary BMP
measures necessary to capture and filter the anticipated pollutants of concern
PC RES0 NO. 5438 -3 -
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associated with the Project in accordance with the City-approved SWMP and the
latest California National Pollution Discharge Elimination System (NPDES) permit
requirements. Developer shall provide evidence to the satisfaction of the City
Engineer that all BMP measures are in place.
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 fees/exactions. 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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PC RES0 NO. 5438 -4-
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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 16th day of July, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Montgomery, Segall, and
White
NOES: None
ABSENT:
ABSTAIN: None
Commissioners Dominguez, Heineman, and Whitton
Chairperson
COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5438 -5-