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Home My WebLink About1993-08-17; City Council; 12374; Hubbs Sea World Research Institutec 6’7 OF CARLSBAD - AGE, )A BILL 0 6 AB# a.334 TITLE: DENYING APPEAL UPHOLDING MTG. 8/17/93 PLANNING COMMISSION~~ISION ON THE CITY AT DEPT. CA HUBBS SEA WORLD RESEARCH INSTITUTE PROJECT CITY MGR. w RECOMMENDED ACTION: CASE NO: CUP 92-lO/HDP 93-05 If Council wishes to deny the appeal and uphold the Planning Commission's decision approving a Negative Declaration, CUP 92-10 and HDP 93-05 your action is to adopt Resolution No. 43-2Y3 . ITEM EXPLANATION The City Council, at your meeting of August 10, 1993 directed the City Attorney to prepare the documents denying the appeal and approving the Negative Declaration, Conditional Use Permit CUP 92- 10 and Hillside Development Permit 93-05. That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. If the Council concurs, your action is to adopt Resolution No.~~-AY$ EXHIBIT Resolution No. 43-2Lp3 - 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 RESOLUTION NO. 93-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANTS' APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION FOR THE HUBBS SEA WORLD RESEARCH INSTITUTE PROJECT ON PROPERTY GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY, EAST OF CARLSBAD BOULEVARD ALONG THE NORTH SHORE OF THE OUTER BASIN OF AGUA HEDIONDA LAGOON, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1. APPLICANT: HUBBS SEA WORLD RESEARCH INSTITUTE CASE NO.: CUP 92-lO/HDP 93-05 WHEREAS, a verified application for a conditional permit for certain property to wit: l That portion of Ranch0 Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896. has been filed with the City of Carlsbad and referred to Planning Commission: and use the WHEREAS, the Planning Commission did on July 7, 1993 hold a duly noticed public hearing as prescribed by law to consider said application for Conditional Use Permit CUP 92-10 and Hillside Development Permit HDP 93-05; and WHEREAS, the Planning Commission did on July 7, 1993, after hearing and considering all the evidence and testimony of all people desiring to be heard, adopt Resolutions No. 3522, 3523 and 3524 approving the Negative Declaration, Conditional Use Permit CUP 92-10 and Hillside Development Permit HDP 93-05; and WHEREAS, twenty two residents of the area near the project appealed the decision of the Planning Commission to approve the negative declaration to the City Council; and WHEREAS, on August 10, 1993 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law . 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 - to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council denied the appeal and approved the Negative Declaration, Conditional Use Permit CUP 92-10 and Hillside Development Permit HDP 93-05; and WHEREAS, the findings and conditions of the Planning Commission in Resolutions No. 3522, 3523 and 3524 approving the Negative Declaration, Conditional Use Permit CUP 92-10 and Hillside Development Permit HDP 93-05 on file with the City Clerk constitute the findings and decision of the City Council; and WHEREAS, the City Council concludes that there is no fair argument to support the conclusion that significant adverse environmental impacts will occur and, therefore, the preparation of a negative declaration is appropriate and lawful under the provisions of the California Environmental Quality Act. Specifically, the City Council finds that there is no fair argument that there may be significant adverse environmental impacts on traffic, noise, water quality, biology, archeology, odor, visual aesthetics, economic or private view blockage from the project as conditioned. This conclusion is based, in part, on the expert testimony, both written and oral, of marine and wildlife biologists, archeologists, noise and water quality experts, traffic engineers, soil engineers, architects and other responsible state agencies, including the California Coastal Commission, California Department of Fish and Game, California State Lands Commission, California Department of Conservation and the Regional Water Quality Control Board. 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Planning Commission's approval of Resolutions No. 3522, 3523 and 3524 approving the Negative Declaration, Conditional Use Permit CUP 92-10 and Hillside Development Permit HDP 93-05 is hereby confirmed and the appeal of that decision is denied as set forth below based upon the facts set out in the Planning Department Staff Report dated July 7, 1993, the evidence before the Planning Commission, the evidence as set forth in City Council Agenda Bill No. 12,360, and the testimony before the City Council all of which are incorporated herein by reference. 3. Therefore, the appellants' appeal is denied provided that the applicant agree to the following conditions: A. That the project not serve as present or future environmental mitigation for the Encina power plant. B. The project will stock both the Agua Hedionda Lagoon and the Batiquitos Lagoon, to the extent scientifically feasible, with fish from the project. c. That the Hubbs-Sea World Research Institute with the cooperation of SDGCE, if necessary, improve the trails along the north shore of the Agua Hedionda Lagoon and provide seating areas and interpretive signs with a pictorial explanation of activities within the hatchery, to the satisfaction of the Planning Director. D. That all landscaped areas be maintained in a healthy and thriving condition, free from weeds, trash and debris and shall be annually reviewed by the Planning Director. E. Visitation and tours of the facility shall be limited to the hours of 10 a.m. to 2 p.m. Monday through Saturday, unless modified by the City Council. F. The color scheme of the roof and exterior of the building, including renderings thereof, shall be reviewed and approved by the Planning Director. 6. This action is final the date this resolution is 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 adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or otherfiyepcr seeking judicial review must be in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which. such petition may be filed in.court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or, his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of AUGUST '1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council. ATTEST: ALETBA L. RAUTENKRANZ, City Cl&k 4 . August 17, 1993 Mr. Thomas William Smith Attorney at Law 400 South Melrose Drive Suite 102 Vista, CA 92083 Ret Denial of Appeal - Hubbs Sea World Research Institute CUP 92=10/HDP 93-05 The Carlsbad City Council, at its meeting of August 17, 1993, adopted Resolution No. 93-243, denying the appeal and upholding the Planning Commission's decision approving the Negative Declaration, CUP 92-10 and HDP 93-05. Enclosed is a copy of Resolution No. 93-243 for your records. City Clerk ALR:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 a9