HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55121
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PLANNING COMMISSION RESOLUTION NO. 5512
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
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
COASTAL DEVELOPMENT PERMIT CDP 03-40 TO ALLOW
CENTER
CASE NO.: CDP 03-40
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 Coastal
Development Permit as shown on Exhibits “A” - ‘V’ dated January 7, 2004, on file in the
Planning Department, BATIQUITOS LAGOON INFORMATION CENTER - CDP 03-40
as provided by Chapter 2 1.201.040 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 CDP.
WHEREAS, on June 4, 1997, the Planning Commission approved CDP 96-15, as
described and conditioned in Planning Commission Resolution No. 4112.
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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
03-40 based on the following findings and subject to the following conditions:
APPROVES BATIQUITOS LAGOON INFORMATION CENTER - CDP
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no agriculture or prime agricultural land,
environmentally sensitive or scenic resources exist on site; no earthwork is required
or proposed, therefore no geotechnical issues exist; the location of the information
center would not interfere with the Batiquitos Lagoon North Shore Trail while still
providing an educational benefit to visitors of the coastal zone and Batiquitos
Lagoon; and the singlewide modular building is painted gray to lessen the visual
impact from public views on the Interstate 5 freeway.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the existing public access trail and parking areas for the
Batiquitos Lagoon North Shore Trail would not be impacted by the location of the
information center and the provision of visitor services through the Batiquitos
Lagoon Foundation docent program enhances the recreational opportunities for the
visitors to the Batiquitos Lagoon.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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
PC RES0 NO. 5512 -2-
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2.
3.
4.
5.
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development 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.
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 Coastal Development 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)
Developer/Operator’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.
This approval is granted subject to the approval of CUP 03-05 and is subject to all
conditions contained in 551 1 for those other approvals incorporated herein by reference.
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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
PC RES0 NO. 5512 -3-
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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.
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
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HODMILYER
Planning Director
PC RES0 NO. 5512 -4-