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HomeMy WebLinkAbout2005-09-07; Planning Commission; Resolution 59661 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. 5966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CREATION OF GENEWLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN ARMADA DRIVE AND HIDDEN VALLEY ROAD IN LOCAL, FACILITIES MANAGEMENT ZONE 5. CASE NAME: A 15.7-ACRE HABITAT MITIGATION BANK ON PROPERTY NORTH COUNTY HABITAT BANK CASE NO.: CUP 04-19 WHEREAS, Westmark Development Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel 4 of Parcel Map No. 16860 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits ‘LA” - “B” dated September 7, 2005, on file in the Planning Department, NORTH COUNTY HABITAT BANK - CUP 04-19, as provided by Chapter 21.42 andor 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of September 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 .NORTH COUNTY HABITAT BANK - CUP 04-19, based on the following findings and subject to the following conditions: 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 Findinm: 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community that it will provide mitigation credits to offset development impacts within the City and within the mitigation bank service area, is essentially in harmony with the various elements and objectives of the General Plan, in that the General Plan already designates a portion of the site and an adjacent parcel for open space preservation and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located in that the proposed open space preservation use will be a very passive use, generating no noise, visual impacts, or traffic. That the site for the intended use is adequate in size and shape to accommodate the use, in that a) the proposed open space use requires no minimum size or unique configuration to function as a habitat bank; b) the site is large enough (15.7 acres) to provide a functional bank; and c) the project site is immediately adjacent to another open space parcel which is preserved as open space; and d) therefore, the proposed open space bank parcel will provide contiguous open space and habitat. 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 yards, setbacks, wall, fences, landscaping, or other features are required to adjust the proposed use to the neighborhood and no such features are proposed. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed habitat bank use will generate no significant traffic because a) management of the bank will include only periodic efforts to keep out invasive species and to plant new vegetation; and b)these trips will likely involve fewer than five vehicles at any given time and will typically last for only a few days at a time. The proposed biological habitat preserve (habitat mitigation bank) will not adversely impact the City’s ability to provide public facilities and improvements such as, but not limited to, circulation element roadways, sewer or water infrastructure improvements and drainage improvements, as provided for in the citywide facilities and improvements plan, and the certified local coastal program in that a) Palomar Airport Road is already improved to its full planned design; b) the City of Vista already has a sewer line and access easement roadway on the subject property; and c) no other public improvements are planned for the subject property* The proposed biological habitat preserve is consistent with the City’s Habitat Management Plan and will not negatively impact the City’s ability to obtain or implement the Habitat Management Plan in that a) the Habitat Management Plan designates a portion of the subject site as hard line preserve open space and another portion of the site as developable; and b) the project will conserve the entire site as open space. PC RES0 NO. 5966 -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 7. The proposed biological habitat preserve is consistent with the City’s local coastal program in that the project proposed includes no slope disturbance &e., no grading), no take of sensitive habitat, and no construction. 8. Approval of the proposed biological habitat preserve does not permit encroachment or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in the certified local coastal program in that the proposed project involves only removal of invasive species and preservation and enhancement of protected habitat. 9. 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. Conditions: 1. 2. 3. 4. 5. 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. 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. Approval is granted for CUP 04-19 as shown on Exhibits “A” - “B” dated September 7, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. PC RES0 NO. 5966 -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 6. 7. 8. 9. 10. 11. 12. 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) 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. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan. 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 five (5) years from September 7, 2005 to September 7, 2010. 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. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. This approval is granted subject to the approval of GPA 04-15, ZC 04-11, and LCPA 04-13 and is subject to all conditions contained in Planning Commission Resolutions No. 5963,5964 and 5965 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 PC RES0 NO. 5966 -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 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. En Pineering 13. 14. 15. 16. 17. 18. 19. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property resulting from this project. Developer acknowledges that a portion of this habitat restoration work is proposed within the existing 100-year inundation limits. As a result of this condition, Developer shall not disturb soil as part of this project. As this work is proposed within a natural watercourse, Developer is responsible to take all necessary precautions to prevent the transport of debris or sediment to downstream properties. Developer is responsible to satisfy all conditions and requirements of the State Water Resources Control Board as it relates to this project. If the Developer disturbs more than 1-acre of soil, at any time as part of this project, Developer shall submit for and receive approval, from the City, of a Storm Water Pollution Prevention Plan (SWPPP) in accordance with City Standards and the Regional Water Quality Control Board (RWQCB) regulations. A Notice of Intent shall also be filed with the state. If Developer disturbs soil as part of this project, at any time, or modifies the channel's ability to carry floodwaters, Developer will be responsible to submit for and receive approval of a Grading Permit to the satisfaction of the City Engineer. Developer shall be responsible to ensure vegetation is reestablished within the natural drainage channel. Developer shall maintain the channels' effectiveness at conveying floodwaters and to prevent damage to downstream properties. Developer shall take precautionary measures to avoid work within a natural drainage course when the 5-day rain forecast exceeds 40%. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements 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 improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RES0 NO. 5966 -5- 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 B. C. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fimgicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 20. 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. 2 1. 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.yy 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 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 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. 5966 -6- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of September 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5966 -7-