HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59341
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PLANNING COMMISSION RESOLUTION NO. 5934
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR LA COSTA CANYON
PARK ON PROPERTY GENERALLY LOCATED NORTH OF
LA COSTA AVENUE AND WEST OF CADENCIA STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA CANYON PARK
CASE NO.: CUP 05-05
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 272 and a portion of Lot 271 of Carlsbad Tract 72-20, Unit
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map 7779, filed in the Office of the
County Recorder of San Diego County on October 26,1973
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit “A” dated July 20, 2005, on file in the Planning Department, LA
COSTA CANYON PARK - CUP 05-05, as provided by Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of July 2005, 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.
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
APPROVES LA COSTA CANYON PARK - CUP 05-05, based on the
following findings and subject to the following conditions:
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Findings:
1.
2.
3.
4.
That the requested use is necessary or desirabl 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 park is consistent with the La Costa Master Plan
of which it is a part, provides recreational opportunities on a scale appropriate to its
residential neighborhood setting, is convenient to nearby residents, can be accessed
easily by pedestrians and bicyclists, and has adequate parking. Further, the park is
also in harmony with the following General Plan provisions:
a. The Land Use Element’s Overall Land Use Pattern Policy C.8, which states,
“Provide for a sufficient diversity of land uses so that schools, parks and
recreational areas.. .are available in close proximity to each resident of
Carlsbad.”
The Parks and Recreation Element’s Park Development Objective B.l, which
states, “To provide a minimum of three (3) acres of Community Parks or
Special Use Areas for each 1,000 population within each of the four (4) park
quadrants of the City.” The Element identifies La Costa Canyon Park as a
community park, and the park contributes acreage to the Southeast
Quadrant to assist the Quadrant in meeting its Growth Management
Performance standard as reflected in this objective.
The Parks and Recreation Element’s Park Development Objective B.12,
which states, “To ensure that park and recreational facilities are compatible
with surrounding uses.”
b.
c.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the existing improvements fit easily within the existing-site and are
sufficiently setback and buffered from adjacent uses and streets.
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 park has been an established part of the
neighborhood for years and no changes are proposed that would alter or increase
the park’s layout, size, or amenities. In addition, many of the park’s amenities are
bordered by undeveloped areas of the park and setback substantially from nearby
homes.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that La Costa Canyon Park is served by Pueblo
Street and other local neighborhood streets. Local streets are designed to carry low
volumes of traffic typical of residential neighborhoods. La Costa Canyon Park’s
size and amenities are appropriate for the neighborhood and are not oriented
toward attracting community or regional users who may increase street traffic.
Further, the park’s trails and proximity to residences, low volume streets and
sidewalks likely encourage some park users to walk or bicycle to the park.
PC RES0 NO. 5934 -2-
for th
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5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulatiqn; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically, La Costa Canyon Park helps fulfill the park and other recreational
facilities requirement and open space requirement of Zone 6. Further, all necessary
public facilities needed to serve the existing park are already in place.
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).
7. 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, permitting of
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit for any improvement at the park.
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; record a notice of violation on the
property title; 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of any building permit issuance.
4.
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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
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5.
6.
7.
8.
9.
10.
11.
12.
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.
Prior to the issuance of a building permit for any improvement at the park,
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 for any improvement at the park, 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 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of a building permit for any improvement at the park.
Building permits for any park improvement 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 within six
months of the effective date of this approval at a noticed public hearing and
thereafter 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.
Minor additions to existing buildings or facilities and new accessory buildings
consistent with public use and enjoyment of the park may be approved by the
Planning Director without a conditional use permit amendment. Additions to
existing buildings may not exceed ten percent of the floor area of the existing
structure. New buildings may not exceed 1,500 square feet.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
Developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. Any future improvements shall be
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 to sensitive areas. Plans for such
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improvements shall be submitted to and subject to the approval of the City
Engineer.
Code Reminders:
13. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
a. 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.
b. 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 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.
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PC RES0 NO. 5934 -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 20th day of July 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton
NOES:
ABSENT: Commissioners Heineman and Montgomery
ABSTAIN: rn JEFFRE N. SEGALL, airperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5934 -6-