HomeMy WebLinkAbout2007-02-21; Planning Commission; Resolution 62531 PLANNING COMMISSION RESOLUTION NO. 6253
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, FINDING THAT THE
CONDITIONAL USE PERMIT FOR LA COSTA CANYON
4 PARK, ON PROPERTY GENERALLY LOCATED NORTH OF
5 LA COSTA AVENUE AND WEST OF CADENCIA STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 6, DOES NOT
6 HAVE A SUBSTANTIAL NEGATIVE EFFECT ON
SURROUNDING PROPERTIES OR THE PUBLIC HEALTH
7 AND WELFARE.
CASE NAME: LA COSTA CANYON PARK
8 CASE NO.: CUP 05-05
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WHEREAS, City of Carlsbad, "Developer/Owner," filed a verified application
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with the City of Carlsbad regarding property described as
12 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
13 California, according to Map 7779, filed in the Office of the
County Recorder of San Diego County on October 26, 1973
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("the Property"); and
lg WHEREAS, said verified application constituted a request for a Conditional Use
17 Permit as shown on Exhibit "A" dated November 15, 2006, on file in the Planning Department,
18 LA COSTA CANYON PARK - CUP 05-05, as provided by Chapter 21.42 and/or 21.50 of the
19 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 20th day of July, 2005, hold a
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| duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the CUP; and
26 WHEREAS, at said public hearing, the Planning Commission approved CUP 05-
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05, as described and conditioned in Planning Commission Resolution No. 5934; and
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WHEREAS, as part of its approval, the Planning Commission voted to
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discuss the status of the Conditional Use Permit (CUP), as reflected in condition number 9
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of Resolution No. 5934, at a subsequent public hearing because of concerns expressed by4
^ residents living in the vicinity of the park that primarily regarded the behavior of players
6 using the park's basketball court and the presence of loose or restrained dogs; and
7 WHEREAS, the Planning Commission did, on the 15th day of November, 2006,
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hold a duly noticed public hearing as prescribed by law to consider the status of the CUP; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
12 relating to the CUP and voted to deny proposed Planning Commission Resolution 6200,
13 which stipulated, among other things, that La Costa Canyon Park does not have a
*4 substantial negative effect on surrounding properties or the public health and welfare; and
WHEREAS, the Planning Commission did, on the 6th day of December, 2006,
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hold a duly noticed public hearing as prescribed by law to consider denial of the CUP for La
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Costa Canyon Park; and J
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19 WHEREAS, instead of denying the CUP, the Planning Commission voted to
20 continue the CUP to enable staff the opportunity to present relevant issues with the park's
71 basketball court to the Parks and Recreation Commission, which in turn could review the
22 issues about the basketball court and suggest ways and manners to resolve any problems;
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and
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WHEREAS, the Parks and Recreation Commission did, on the 18th day of
26 January, 2007, hold a duly noticed public hearing as prescribed by law to consider the matter;
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PC RESO NO. 6253 -2-
WHEREAS, at said public hearing, many residents living near the park
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spoke, with some noting the problems experienced with the behavior of some basketball
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court players, primarily on some Sunday mornings, and others recommending the
r basketball court remain as is; and
6 WHEREAS, also at the hearing, a Carlsbad police officer familiar with the
7 park verified resident complaints, noted he would like to work with the players, and
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further suggested a sign be posted at the basketball court that cited state Penal Code
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Section 415 (Disturbance of the Peace) as this would give police officers something to
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reference if they respond to complaints. Additionally, the officer agreed to meet with any
12 of the concerned residents regarding their specific items of note and work to address them
13 where possible; and
14 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the Parks and Recreation
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Commission considered all factors relating to the CUP and voted as follows:
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1. The basketball court should retain its current configuration;18
jc> 2. Signs should be posted at the court indicating the definition of state
20 Penal Code Section 415, and;
21 3. Neighbors of the park should contact the Carlsbad Police Department
22 during disruptive incidents;
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and
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WHEREAS, the Parks and Recreation Department has ordered the
26 immediate installation of the requested signs.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° Commission of the City of Carlsbad as follows:
PC RESO NO. 6253 -3-
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing to consider the status
3 of the CUP, the Commission FINDS LA COSTA CANYON PARK - CUP 05-
05, particularly in regards to its basketball court, and that the findings and
conditions of Planning Commission Resolution 5934, including the condition
requiring annual review of Conditional Use Permit CUP 05-05 by the
Planning Director, are adequate, based upon the findings contained herein.
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Findings:
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„ 1. That La Costa Canyon Park, and particularly its basketball court, does not have a
substantial negative effect on surrounding properties or the public health and
9 welfare for the following reasons:
a. The negative behavior is limited in time to primarily some Sunday mornings;
10 b. The Carlsbad Police Department is aware of the negative behavior and will
continue to contact players and be available to meet with residents;
c. Concerned residents are advised to contact the Carlsbad Police Department
whenever problems occur;
d. Signs will be posted as soon as possible advising basketball court users of
13 California Penal Code Section 415, which regards disturbing the peace; the
presence of these signs will aid police officers in identifying and regulating
inappropriate behavior, and;
« _ e. In consideration of resident concerns, the Parks and Recreation Commission
voted to retain the court in its current configuration, post the previously
16 mentioned signs, and advised residents to contact police if problems occur.
17 2. The findings and conditions of Planning Commission Resolution No. 5934 are
adequate.18
3. Annual review of the park CUP by the Planning Director, as required by condition
9 of Resolution No. 5934, is adequate.
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PC RESO NO. 6253 -4-
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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 21st day of February 2007 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Montgomery, Segall
and Whitton
NOES: None
ABSENT: Commissioners Dominguez and Douglas
ABSTAIN:
JULI
CARL'
ATTEST:
tR, Chairperson
LANNING COMMISSION
DON NEU
Assistant Planning Director
PC RESO NO. 6253 -5-