HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55111
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PLANNING COMMISSION RESOLUTION NO. 5511
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE
CONTINUED PLACEMENT AND OPERATION OF A
MODULAR INFORMATION CENTER ON PROPERTY
GENERALLY LOCATED NORTH OF BATIQUITOS LAGOON,
BETWEEN GABBIANNO LANE AND BATIQUITOS DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: BATIQUITOS LAGOON INFORMATION
CENTER
CASE NO.: CUP 03-05
WHEREAS, Batiquitos Lagoon Foundation, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Aviara Land Associates,
“Owner,” described as
Lot 77 of Carlsbad Tract Map 90-30, Unit 2, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 13370, filed in the Office of the County
Recorder of San Diego, November 8,1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “C” dated January 7,2004, on file in the Carlsbad Planning
Department, BATIQUITOS LAGOON INFORMATION CENTER - CUP 03-05, as
provided by Chapter 2 1.42 andor 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of January 2004, 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.
WHEREAS, on June 4,1997, the Planning Commission approved CUP 96-26, as
described and conditioned in Planning Commission Resolution No. 4111.
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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 Commission
05, based on the following findings and subject to the following conditions:
APPROVES BATIQUITOS LAGOON INFORMATION CENTER CUP 03-
Findinps :
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the information center promotes usage and enjoyment
of the North Batiquitos Shore Trail; all the improvements lie outside of any sensitive
upland or wetland areas or buffers; and the information center is compatible with
the surrounding open space uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the entire modular building and related access ramps, overhead shade
structures and garden can fit within the previously disturbed area without
encroachment into the upland vegetation or the wetlands buffer.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that no adjustments are necessary to adjust the lagoon
information center since all existing and permitted future uses are open space and
require additional setbacks or special features for protection.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Gabbiano Lane is a local street capable of
accommodating the approximately five to ten average daily trips generated by the
information center.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - Existing facilities
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rou& proportionality to the impact caused by the project.
PC RES0 NO. 551 1 -2-
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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 Mer 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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of buiIding 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/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
DeveloperDperator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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.
PC RES0 NO. 551 1 -3-
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 9 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.
This Conditional Use Permit shall be reviewed by the Planning Director annually 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 granted for a period of one (1) year from January 7,2004
to January 6,2005. 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.
The Developer shall provide to the Planning Director a quarterly report identifying
the efforts being made to secure funding and/or approvals for a permanent facility.
This approval is granted subject to the approval of CDP 03-40 and is subject to all
conditions contained in Planning Commission Resolutions No. 5512 for those other
approvals incorporated herein by reference.
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
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Removal of native vegetation and development of Open Space Lot 77, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping,
other than that approved as part of (the grading plan, improvement plans, biological
revegetation program, landscape plan, etc.) as shown on Exhibit “A” - T,” is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, Aviara
Homeowners Association, and the California Coastal Commission, based upon a request
from the Developer accompanied by a report from a qualified arboristhotankt indicating
the need to remove specified trees and/or plants because of disease or impending danger
to adjacent improvements. For areas containing native vegetation the report required to
accompany the request shall be prepared by a qualified biologist.
PC RES0 NO. 55 11 -4-
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Code Reminders
15. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
16. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
17. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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 fees/exactions
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 fees/exactions 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. 551 1 -5-
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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 7th day of January 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
71 ./u 1 2.i
I Aby7L
gLISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOSMILYER
Planning Director
PC RES0 NO. 55 11 -6-