Loading...
HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55111 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. 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. 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 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 : 1. 2. 3. 4. 5. 6. 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- 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 Conditions: Note: 1. 2. 3. 4. 5. 6. 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- 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 7. 8. 9. 10. 11. 12. 13. 14. 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- 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 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. ... ... ... ... ,.. ... PC RES0 NO. 551 1 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 1s 2( 21 2; 2: 2L 2! 2( 27 2E 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-