HomeMy WebLinkAbout2005-09-07; Planning Commission; Resolution 59661
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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:
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Findinm:
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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-
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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:
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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 -
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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-
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
En Pineering
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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-
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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-
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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 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-