HomeMy WebLinkAbout2014-07-16; Planning Commission; Resolution 7065
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND
COASTAL DEVELOPMENT PERMT TO ALLOW FOR THE REPLACEMENT OF
AN EXISTING SINGLE-WIDE, 528 SQUARE FOOT MOBILE BUILDING WITH
A NEW DOUBLE-WIDE, 1,244 SQUARE FOOT MOBILE BUILDING AND THE
CONTINUED USE OF THE MOBILE BUILDING AS A LAGOON INFORMATION
CENTER (VISITORS CENTER) OPERATED BY THE BATIQUITOS LAGOON
FOUNDATION (BLF) ON PROPERTY GENERALLY LOCATED NEAR THE
WESTERLY TERMINUS OF THE NORTH SHORE BATIQUITOS LAGOON
TRAIL, APPROXIMATELY 250 FEET SOUTHEASTERLY OF THE TERMINUS OF
GABBIANO LANE IN THE AZURE COVE DEVELOPMENT OF AVIARA WITHIN
THE EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
19.
CASE NAME: BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
CASE NO.: CUP 12-11/CDP 12-23
WHEREAS, Batiquitos Lagoon Foundation, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Aviara Master Association, “Owner,” described as
Lot 77 of Carlsbad Tract Map 90-30, Unit 2, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
13370, filed in the Office of the County Recorder of San Diego,
November 8, 1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
and Coastal Development Permit as shown on Exhibits “A” – “E,” dated July 16, 2014, on file in the
Planning Division, BATIQUITOS LAGOON FOUNDATION VISITORS CENTER – CUP 12-11/CDP 12-23, as
provided by Chapter 21.42 and/or 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 16, 2014, 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 Conditional Use Permit and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7065
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
BATIQUITOS LAGOON FOUNDATION VISITORS CENTER – CUP 12-11/CDP 12-23, based
on the following findings and subject to the following conditions:
Findings:
Conditional Use Permit (CUP 12-11)
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that allowing the replacement and
continued operation of a mobile building used as a lagoon information center (BLF Visitors
Center) is consistent with the area’s Open Space (OS) General Plan Land Use designation, the
Aviara Master Plan (MP 177), and the East Batiquitos Lajoon/Hunt Properties LCP as discussed
in Sections A, C, and D of the staff report. The proposed project is also consistent with the City’s
Habitat Management Plan (HMP) and includes mitigation for the impacts to sensitive biological
resources affected by the establishment of brush management zones and due to the removal
of acreage from the City of Carlsbad’s Habitat Management Plan Hardline Preserve.
Furthermore, the BLF Visitors Center promotes usage and enjoyment of the North Batiquitos
Shore Trail and is compatible with the surrounding open space uses.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the BLF Visitors Center is compatible with
the surrounding open space and residential uses and has been in operation at this existing
location since 1996 without any disruption to the surrounding neighborhood. The project site
is located approximately 150 feet away from the nearest residence with the mobile building
screened by existing mature landscaping reducing its visibility and impact on the surrounding
residential uses. Parking for the BLF Visitors Center is located off-site at the trailhead parking
area for the North Shore trail, located at the terminus of Gabbiano Lane in the Azure Cove
Development of Aviara.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the project complies with all applicable development standards of Section 21.42.140
(B)(90) of the CMC. Specifically, the replacement mobile building is occupied by a use
conditionally allowed within the zone; is limited to a five year term unless extended by the
Planning Commission; is not located on a permanent foundation; will have stucco siding and
skirting to screen the chassis, wheels, and temporary foundation system; and will comply with
all applicable local, state, and federal codes. The BLF Visitors Center 0.39 acre project site is
designated as a Hardline Conservation area in the City’s HMP. An Equivalency Finding has been
processed to allow for the removal of the 0.39 acre project site from the Existing Hardline
Preserve and replacing this loss of preserve acreage by adding the 4.32 acre Park Hyatt property
into the HMP as Existing Hardline Preserve. The BLF Visitors site is also located outside the 100-
foot wide wetlands buffer for the Batiquitos Lagoon. Furthermore, the project includes
establishing brush management zones adjacent to the Visitors Center building providing
protection to the proposed structure from wildfires. The brush management zones applicable
to this project are located within a maximum of 60 feet from the Visitors Center building. .
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4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Gabbiano Lane, a
local street which is currently operating at an acceptable level of service. The approximate 15
average daily trips associated with the BLF Visitors Center can be accommodated by the existing
street system.
Coastal Development Permit (CDP 12-23)
5. That the proposed development is in conformance with the East Batiquitos Lagoon/Hunt
Properties Certified Local Coastal Program and all applicable policies in that the use is consistent
with the Aviara Master Plan; there are no agricultural activities or prime agricultural lands on
the project site; the project site is located outside the minimum 100 foot wetlands buffer; the
project involves no grading or earthwork; the project has been conditioned to comply with the
City’s Stormwater Regulations; no landscaping is proposed however any future landscaping will
consist of drought tolerant plants and native vegetation; the existing scenic resources nearby,
namely the lagoon, will not be disturbed or views of it blocked by the Visitors Center as the new
replacement mobile building is a relatively small structure that will be painted a light brownish
color to blend with the surrounding environment; and a public access trail system along the
north shore of Batiquitos Lagoon with adequate trailhead public parking areas exists. As
discussed in Section D of the Staff Report, the project includes mitigation for the impact to
environmentally sensitive resources affected by the proposed brush management zones and
due to the removal of acreage from the City’s HMP Hardline Preserve. With the implementation
of the mitigation measures, the project is consistent with the Local Coastal Program.
6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the existing public access trail and parking areas for the Batiquitos Lagoon
North Shore Trail would not be impacted by the location of the Visitor Center and the provision
of visitor services through the Batiquitos Lagoon Foundation docent program enhances the
recreational opportunities for the visitors to the Batiquitos Lagoon.
7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid
increased urban runoff, pollutants, and soil erosion. No steep slopes with native vegetation are
located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
8. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
9. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for Batiquitos Lagoon
Foundation Visitors Center – CUP 12-11/CDP 12-23, the environmental impacts therein
identified for this project and any comments thereon prior to APPROVING the project;
and
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b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
and Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
10. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building
permit.
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 and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit and Coastal Development 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 building permit issuance.
4. 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.
5. 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 and Coastal Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
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nondiscretionary, 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.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible
version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any
applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum, CUP 12-11 and CDP 12-23 and is
subject to all conditions contained in Planning Commission Resolution No. 7064 for those other
approvals incorporated herein by reference.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. The Developer shall provide to the City Planner an annual report identifying the efforts being
made to secure funding and/or approvals for a permanent facility.
13. Building permits 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.
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
19, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
15. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use
Permit and Coastal Development Permit by Resolution No. 7065 on the property. Said Notice of
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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 City Planner 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.
16. CUP 12-11 shall be reviewed by the City Planner 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, safety and general welfare. If the City Planner determines that:
1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which
such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or
recently has been exercised contrary to any of the terms or conditions of approval or the
conditions of approval have not been met; or 4) the use for which such approval was granted has
ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any
statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare or so
as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold
a public hearing and after providing the permittee the opportunity to be heard, the Planning
Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm
the Conditional Use Permit, modify the conditions or impose new conditions.
17. This Conditional Use Permit is granted for a period of 5 years from July 16, 2014 through July 15,
2019. 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 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.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building permit.
General
18. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
19. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
. . .
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Grading
20. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
21. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
Code Reminders
22. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
23. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 19 as required by Carlsbad Municipal Code Section 21.90.050.
24. 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.
25. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
27. 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 City Planner prior to
installation of such signs.
28. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
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