HomeMy WebLinkAbout2003-08-20; Planning Commission; Resolution 54481
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PLANNING COMMISSION RESOLUTION NO. 5448
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF THE HUBBS SEA
WORLD RESEARCH INSTITUTE’S FISH HATCHERY AND
MAlUNE RESEARCH FACILITY AT 4200 GARFIELD
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASENAME: HUBBS SEA WORLD RESEARCH
INSTITUTE
CASE NO.: CUP 92- 10x2
WHEREAS, Hubbs Sea World Research Institute, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by San Diego Gas and
Electric, “Owner,” described as
That portion of Rancho Agua Hedionda in the City of
Carlsbad, County of San Diego, State of California, according
to partition map thereof no. 823, filed in the office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibit “A” dated July 1, 1998 on file in the Carlsbad Planning
Department, HUBBS SEA WORLD RESEARCH INSTITUTE - CUP 92-10x2, as provided
by the conditions of approval of CUP 92-10 and CUP 92-10x1 and Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of August 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; and
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WOR
WHEREAS, on July 7, 1993, the Planning Commission approved HUBBS SEA
D RESEARCH INSTITUTE - CUP 92-10 as described and conditioned in Planning
Commission Resolution No. 3523; and
WHEREAS, on July 1, 1998, the Planning Commission approved HUBBS SEA
WORLD RESEARCH INSTITUTE - CUP 92-10x1 as described and conditioned in Planning
Commission Resolution No. 4324.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES HUBBS SEA WORLD RESEARCH INSTITUTE -
CUP 92-10x2 based on the following finding and subject to the following
conditions:
Findings:
1. The adopted project findings for CUP 92-10x1, which are contained in Planning
Commission Resolution No. 4324 still apply to this project and are incorporated by
this reference.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Conditional Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. This Conditional Use Permit is granted retroactively for a period of five (5) years from
July 1,2003 through June 30,2008. 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 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
PC RES0 NO. 5448 -2-
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welfare, or the conditions imposed herein have not been met. This permit may be
extended for a reasonable period of time not to exceed five (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, 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.
3. This project shall comply with all conditions and mitigation measures which are required
as part of the approved the Mitigated Negative Declaration and Conditional Use
Permit (CUP 92-10), as contained in Planning Commission Resolution No. 3522 except
Conditions No. 4,6,7,8,10,13,15,16,17,18,22,25,26,28,29,34,35,40,44,46,47,
48, 49, 50, 52, 53, 56, 57, 59, 60, 62, 63, 65, 66 and 67 of Planning Commission
Resolution No. 3523 and Conditions No. 2 and 3 of Planning Commission Resolution
No. 4324 which have been satisfied, and Conditions No. 2 and 3 of Planning
Commission Resolution No. 4324 which are replaced by Condition No. 2 above. The
remaining Conditions are incorporated herein by reference, except as amended by
Condition No. 4 below.
4. Condition 36 of Planning Commission Resolution No. 3523 shall be amended to
read: “The facility will be made available for free educational tours for students and
interested groups upon written request by the school, or the group representing the
students. The Institute shall be allowed to hold a once a month open house on
Saturdays, between the hours of 1O:OO a.m. and 2:OO p.m. The facility will not be
used as a commercial tour bus stop.”
Engineering
5. 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 notifjmg 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.
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
B.
PC RES0 NO. 5448 -3-
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Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
C.
Within 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 a level of insignificance. The organization and
content of the SWMP shall be prepared in accordance with the guidelines as
established by the CRWQCB and as modified by the City of Carlsbad. The SWMP
shall address the anticipated pollutants of concern associated with the Project and
shall suggest the type(s) of post-construction (structural) Best Management
Practices (BMPs) required to capture and filter said anticipated pollutants of
concern.
Within 12 months of the date of the extension 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 City-approved SWMP and the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements.
PC RES0 NO. 5448 -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 20th day of August 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Dominguez, Heineman,
Montgomery, White, and,Whitton
NOES: None
ABSENT: Commissioner Segall
ABSTAIN: None
JULIE hKE&., Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5448 -5-