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Home My WebLink About2001-12-05; Planning Commission; ; CUP 194BX3 - AQUACULTURE SYSTEMSl'he City of Carlsbad Planning Deparbneh .. A REPORT TO THE PLANNING COMMISSION Condltlonal Use Permit Extension P.C. AGENDA OF: December 5, 2001 ItemNo.@ Application complete date: July 2, 2001 Project Planner: Paul Godwin Project Engineer: Skip Hammann SUBJECT: CUP 194Bx3 -AOUACUL TURE SYSTEMS -Request for a 5 year retroactive extension of CUP l 94Bx2 to allow the continued operation of an aquaculture facility in and adjacent to Agua Hedionda Lagoon and the Encina Power Plant in the OS/PU zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5106 APPROVING a five year retroactive extension of CUP 194Bx2 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed is for a retroactive extension from the expiration date of CUP 194Bx2 to allow the continued operation of an aquaculture facility in and adjacent to Agua Hedionda Lagoon and the Encina Power Plant on the east side of Carlsbad Boulevard, from May 6, 1998 to May 6, 2003. Ill. PROJECT DESCRIPTION AND BACKGROUND On March 11, 1980, the Planning Commission approved CUP 194 to allow the operation of an aquaculture facility consisting of approximately 5 lagoon acres, .2 shoreline acres and a processing facility located in and adjacent to Agua Hedionda Lagoon, just north of the SDG&E power plant on the east side of Carlsbad Boulevard. Onshore, the facility consists of small structures containing depuration tanks, processing facilities, wet storage tanks, laboratory facilities and other miscellaneous equipment used in the cultivation of muscles, abalone and oysters. Offshore the operation utilizes a series of floats which are grouped and tied together. The facility has current shellfish growing, marketing and handling certificates issued by the state of California, which are attached to this report. On July 28, 1982, CUP 194A was approved by the Planning Commission to allow for expansion and the addition of laboratory facilities. The laboratory facilities have since relocated and are no longer a part of the subject site. On May 6, 1987, CUP 194B was approved by the Planning Commission to allow for the addition of a roadside stand to sell the products grown on site. At this time, the approval to allow roadside sales is not being utilized. This request for extension does not propose to intensify or change the operations or facilities. This extension would be effective retroactively from the expiration date of the last extension, allowing for continued operation of the facility from May 6, 1998 to May 6, 2003. 0 - CUP 194Bx3 -AQUACUL"fURE SYSTEMS December 5, 2001 Page2 IV. ANALYSIS A. The aquaculture facility continues to be consistent with all applicable plans, policies and regulations described below: 1. General Plan 2. Local Facilities Management Plan 3. Title 21 of the Carlsbad Municipal Code B. The adopted project conditions for CUP 194Bx2, which are contained in Planning Commission Resolution No. 3658, incorporated herein by reference, still apply to this project {CUP 194Bx3) with the exception of Condition No. 3 which is replaced by Condition No. 3 in Planning Commission Resolution No. 5106. The new condition retroactivity extends CUP 194Bx3 for 5 years from May 6, 1998 through May 6, 2003. C. No formal written complaints regarding CUP 194B have been submitted to the City. D. Annual reviews have been conducted for CUP 194B and the project is in compliance with all conditions of approval. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section ·15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5106 (CUP) 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Planning Commission Resolutions No. 1778, 1991, 2651, 3214 and 3658 6. State of California Shellfish Growing Approval 7. State of California Shellfish Handling and Marketing Approval PG:cs SITE AGUA HEDIONDA LAGOON CALIFORNIA AQUACULTURE CUP 194(B)x3 - BACKGROUND DATA SHEET CASE NO: CUP 194Bx3 CASE NAME: Aquaculture Systems APPLICANT:Mr ::.:.=·J=oh=n:.:...D=av=i=s ____________________ _ REQUEST AND LOCATION: Extension of existing CUP at 4600 Carlsbad Blvd. LEGAL DESCRIPTION:All that portion of the Rancho Agua Hedionda, County of San Diego, State of California, according to Partition Map No. 823, filed November 16. 1896. APN: 210-010-39-00 Acres: 134.95 acres Proposed No. of Lots/Units: __ n/ ___ a ______ _ GENERAL PLAN AND ZONING Land Use Designation: Open Space (OS)/ Utility (U) Density Allowed: n/a Density Proposed: =n/ ...... a __________ _ Existing Zone: Open Space (OS) / Public Utility (PU) Proposed Zone: =n/=a'---------- Surrounding Zoning, General Plan and Land Use: Zoning Site OS/PU North OS South OS East OS/PU West OS General Plan OS/U OS OS OS/U OS PUBLIC FACILITIES Current Land Use Power Plan/ Aquaculture Agua Hedionda Lagoon Cannon Park Power Plant Carlsbad Blvd/Ocean School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): =n/-=a'------------------ ENVIRONMENT AL IMPACT ASSESSMENT D Negative Declaration, issued ___________________ _ D Certified Environmental Impact Report, dated. _____________ _ C8J Other, section 15301 CEOA. Existing Facilities .Nov 15 01 11:44a Jo):lt\ Davis ?60-438-3568 FAX NO. 780 60~ ,52 OOV-14-2001 WED 04:59 PM C1 .>'BAO OOINEERING P. 02 .....,.,. City of Carlsbad IA&leidiiiii?IMPAlliiiii.Y1 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interats on all applicationt which will require diserctionary action on the part of the City Council or any appointed Board, Commission OT Committee. The folloWing information ~ be disclosed at tho time of application subrr.ittal. Your project cannot be mviewed until this infonnation is tomplctcd. Please print. Note: Penoa i.s defined as "Any individual,. firm. co.-partnmhip, joint vc:nturc,.auaciation. social club, ftatomal organization, corporation, estate, trust, receiver, syndicate, in this and my. other county, city and county, dty municipality, dialrici or other political subdivision or any ott!er group or combination acting u a unit." Ageats may sign tbis document~ however, the legal name and entity of the lfi)licant and prOperty owner must be provided below. 1. 2. APPLICANT (Not th~ applicant's agent) Provide the COMPLEU:, LEGAi .. nam~ and addresses of ALL persotis having a financial interest in the appliCllion. If the applicant inct11dcs a cog,oration or parJpenhip, include the names. title, addresses of all individuals owning more than t 0% o:~ the shares. JF NO lNDJVJDUALS OWN MORE THAN 100/4 OP THE SH.A.RBS, PL.EASE lNDICATE NON-APPUCABLE (NIA) IN THE SPACE BELOW If a R)lb,ic)y:Qwped £Qrporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person J,, /,,., M: '224 ,r1 i Corp/Pan ~UP llf.l!APHlft ENI Title PIS• t UIIT Title iSy:««6': • ow•• Address lffU '6mi,v;i; &Mt Address.Hf# &lllf#IIJII fLvl> tfiU,,, '0~ .,,,.,.. eA e~J4ll•tlfl ~,#. y,api,r f Wllf M'1t"/,1,.,. ·~ ~,,,, eM eA 9;t..i,,s,-OWNER (Not the owner's agent) Provide the COMPLEJ'E. LIG4L names and addresses of 4LL persons having any ownership interest in tM prope:,y involved. Also. provide the naiure of the legal ownership (i.e, pannersllip, tenants in common, non-profit. corporation, ~.). If tho ownership includes a gnporation or plllnerShip, include me names. title, addresses of an individuals owning more than HW, of the shares. IF NO INOlVIDUALS OWN MORE THAN JO% OF THE SHARES. PLEASB INDICATE NON-APPUCABLE: (NIA) IN nm SPACE BELOW. If a publicly.qwned COJ'R911JiOn1 include the names. titles, and addresses of the corpora1e officas. (A separate page may be anachcld if necessary.) Pcnon ,1,,L M .,,..,,; Title 'P4HtGNr z:; Address __ .,,_._.,.,,,,,__ ___ _ Corp/Part __ ~._. _______ _ Title ___ ::--;:_ __ ~-----"--::: Address _______ .....;;:::,,,....- p.2 1635 Faraday Avenue • Carlsbad. CA 92008-"la14 ■ (760) 602-4600 • ~ {780) 802-85$9 • www.ci.carlGbaCl.ca.u& • 15 01 11:44a Jo,.tir, Davis .Nov • MN-14-2001 MED 04: 59 Pl1 l .$BAD ENG I NEER It«, 760-438-3568 FAX NO. 760 SL .052 P. 03 ....,.,, 3. NON-PROM ORGANIZATION Oil TRUST ltany pmon identified pursuant to (1) or (2) above ia ! nora:o.Qt orpgipric>n or a fJUII, list the names and lddres$es of 619'., person serving as an officer or director of lhe non- profit orpniution or as trustee or beneficiary oflbe. Non Profit/Trust.______ Non Profit/1'rus1. ______ _ Title. ____ _,M._'I( ___ _ tit1e ________ 1t1_R _____ _ Address. _______ _ Addreu. __________ _ 4. Have you bad more dlan S2S0 worth of business b'IJlSICted with any member of City staff: Boards, Commiseions. Committca and/or Council wilhin tbe put rwe.lve (12) mc,ntbs? □Yes imNo lfyes,plcaseindicatcpencm(1):. ________ _ NOT£: Anach additional shem if necessary. I ocrtity that all the above information is true and correct to the best of my knowledge. ~~' Sipature ot applic:anr/date ----------·-Print or type name or owner Print or type name of applicant Sipature of owner/applicant•• agent if applicable/date Print or type name of owner/applicant's aaont p.3 . CL a> to Ln C'I) 1 a> ('I) ~ I 0 to ["' Ill .... :> IV c:I C .c 0 ,., CL ~ N .. (I') 0 .-t 0 to 0 :> 0 z: 4 DEPARTMENT OF HEALTH SERVICES FOOD AND DRUG BRANCH CERTIFICATE FOR SHELLFISH HANDLING AND MARKETING CARLSBAD AQUAFARMS ,. INC 4600 CARLSBAD BOUI.iEVA~ CARLSBAD, CA 92018 LXCB:N'SB RO: 00410-.DP .• DPDtATZOH DA'i'Bs 03/31/2002 THE PERSON NAMED HEREIN HAS APPLIED AND QUALIFIES WITH THE REQUIREMENTS FOR THE HANDLING AND MARKETING OF SHELLFISH (OYSTERS, CLAMS, MUSSELS, AND/OR SCALLOPS) AS SET IN SECTIONS 7706 -7762 INCLUSIVE, TITLE 17, OF THE CODES OF CALIFORNIA REGULATIONS. CERTIFICATION APPLIES SOLELY TO THE ACTIVITY(IES) SPECIFIED ON THE APPLICATION AND IS NOT TRANSFERABLE. DAD zssmm: 0113112001 35 OSP 98 12401 N CX) U) LO M I CX) M .. I 0 to t"" Ill ... :> IV i:::I C .c 0 ,.., ... .. 'It' 0 ... 0 CX) N u :::, cc This is to certify that the s STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL MANAGEMENT BRANCH lnc.. of Carlsbad, Californi National Shellfish Sanitatl,J ( • harvesting from it of shellflh ~ ; . : ,, , _ ·: _ .. r 1 -~ ~I ~t~t~~~.::,.··> Commercial sh Agua Hedionda La California Certificate Number: SGA0l-410 Date: May 11. 2001