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HomeMy WebLinkAbout2003-07-16; Planning Commission; Resolution 54381 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. 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 ... 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 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- 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 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 - 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 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. ... ... ... ... ... ... ... PC RES0 NO. 5438 -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 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-