HomeMy WebLinkAbout2004-01-21; Planning Commission; Resolution 55481
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PLANNING COMMISSION RESOLUTION NO. 5548
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE REPLACEMENT AND REFURBISHMENT OF THE
EXISTING BALL FIELD LIGHTING AND ELECTRICAL
SYSTEM AT CHASE FIELD, ON PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF HARDING
STREET AND CHESTNUT AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CHASE FIELD LIGHTING UPGRADES
CASE NO.: CUP 00- 16(A)
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Block 61 of the Amended Map of the Town of Carlsbad, in the
City of Carlsbad, County of San Diego, State of California,
according to Map No. 775, filed in the Office of the County
Recorder in the County of San Diego on March 12,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “D” dated January 21, 2004, on file in the
Carlsbad Planning Department CHASE FIELD LIGHTING UPGRADES - CUP 00-16(A), as
provided by the conditions of approval of CUP 00-16 and Chapter 21.42 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st 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 amendment.
WHEREAS, on February 7,2001, the Planning Commission approved CUP 00-
16, as described and conditioned in Planning Commission Resolution No. 4907.
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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 Commission
based on the following findings and subject to the following conditions:
APPROVES CHASE FIELD LIGHTING UPGRADES - CUP 00-16(A)
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 project would bring the system up to current code
compliance and allow the continued evening use of the park; would decrease the
number of lighting poles and amount of light spillage, thereby increasing the
compatibility with surrounding uses, while maintaining or improving the field level
illumination.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the removal of the existing light poles and electrical system and the installation
of new light poles and electrical system can be accommodated within the existing site
without need for expansion of the boundaries or adjustments of the existing
structures.
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 the light poles would contain shielding to preclude
the spillage of light onto adjacent residential areas and any landscaping that is
removed or damaged for the installation of the electrical vaults would be replaced.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed upgrade of the lighting and
electrical system will not generate any additional traffic trips.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated January 21,2004 including, but not limited to the following:
a. The proposed upgrade of the ball field lighting will increase the compatibility
of the existing public use;
b. Upgraded lighting and electrical system will be more energy efficient; and
c. Proposed upgrades to electrical system will bring it into conformance with
current codes and reduce the potential for injury.
PC RES0 NO. 5548 -2-
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6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 rough proportionality to the impact caused by the project.
7.
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 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 Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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 building 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
Amendment, (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 fiom the emission by the
PC RES0 NO. 5548 -3-
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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.
Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
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.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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
subs t anti a1 negative effects .
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No.
5548 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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.”
PC RES0 NO. 5548 -4-
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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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st 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: .
\-MA;-
MICHAEL J. HOMMILKER
Planning Director
PC RES0 NO. 5548 -5-