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HomeMy WebLinkAboutCUP 194Bx4; Aquaculture Systems International; Conditional Use Permit (CUP) (2)** A, CITY OF CARLSBAD - ,AND USE REVIEW APPLICATION APPLICATIONS APPLIED FOR: (CHECK BOXES) Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit (FOR DEPARTMENT USE ONLY) Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified 1 2) ASSESSOR PARCEL NOW.: 21 0-01 0-39 3) PROJECT NAME: Carlsbad Aquaculture Inc. 4) BRIEF DESCRlpTlON OF PROJECT: Extension of CUP 194BX3, expansion Of upland aquaculture operation as shown on coastal permit,and proposed 8 ft fence fkm where ik currently ends to fishing beach (below grade of Carlsbad Blvd) I Cabrillo Power I LLC MAILING ADDRESS 4600 Carlsbad Boulevard CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 268-4003 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. n Carlsbad Aquafarm, Inc . MAILING ADDRESS P.O. Box 2600 , .. CITY AND STATE ZIP TELEPHONE Carlsbad, CA 9201 8 (760) 438-2444 ~- I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ,@NATURE ~ATI! / I SIGNATURE LJ i/ 7) BRIEF LEGAL DESCRIPTION All that portion of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Partition Map No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, situated in that portion thereof. Form I6 .- NO PROPOSED QUIRINt -ULTlPLE APPLI BE FI PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY \ -C APPLICATION BE FILED. MUST BE SUBMIS :D PRIOR TO 4:OO P.M. ON THE North LOCATION OF PROJECT: 4600 Carlsbad Blvd SIDE OF Cannon Road I BETWEEN Carlsbad Boulevard LOCAL FACILITIES MANAGEMENT ZONE 1-5 AND 1 p--ll1) PROPOSED NUMBER OF LOTS NUMBER OF EXISTING RESIDENTIAL UNITS PROPOSED NUMBER RESIDENTIAL UNITS I NA 114) TYPE OF SUBDIVISION PROPOSED IND OFFICE/ SQUARE FOOTAGE PROPOSED COMM SQUARE FOOTAGE PERCENTAGE OF PROPOSED I I 17) PROJECT IN OPEN SPACE PROPOSED INCREASE IN ADT PROPOSED SEWER USAGE IN EDU GROSS SITE ACREAGE 10.8 I 23) EXISTING ZONING EXISTING GENERAL PLAN Lil PROPOSED ZONING PROPOSEDGENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT '! SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED t TOTAL FEE REQUIRED - RECEIVED APR 10 2003 CITY OF CARLS6AD PUNNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID Form 16 RECEIPT NO. I I PAGE 2 OF 2 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person-navis Corp/Part Title Inc. Title Addressp.0. ROX 2600 Address OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- eba ,a 92018 2. Person corp/Part Title Cabrillo Power I L%C Address 4600 Carlsbad Blvd Address Title Carlsbad, CA 92008 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-4600 FAX (760) 602-8559 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profiflrust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ignature of applicantldate - Signature of owneddate 0 Print or type name of owner Sigkture of owner/applicant’s agent if applicable/date !KE HnWES Print or type name of owner/applicant’s agent Print or type name of applicant H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 __ City of Carlsbad Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. - DISCLOSURE STATEMENT The following information MUST be disclosed at the time of application submittal. project cannot be reviewed until this information is completed. Please print. Your Note: Person is defined as “Any individual, firm, Co-partDership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person a, DA IPb i COrpPart L?M&h 0 7&Qi2&FM M #C Title 3flrZS 1 vnhfr Title I qh*rc;.L &nu&4os Address /3Z$‘b Cflrnhiz Address M4UP Cc9Qhflm BLvD OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) r/;uq. OR/. MAIQ CR C6ALBaR.O CHI QS@@P M&<! /5@. Q@x ab@@ cb gau’Ef ?amy 2. THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN A@Lt#Yd Address M anI/rs Title F)ReG/o# #vr . Title Address c @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us h 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title AlR Title /rig Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) mcnths? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owneddate Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of ownedapplicant’s agent if applicable/date Print or type name of owner/applicant’s agent CITY OF CARLSBAD 1200 ELMk, fNUE CARLSBAD, CALIFOI ... !A 92008 4384621 ACCOUNT NO. I DESCRIPTION I AMOUNT RECEIPT NO. 9 7 2 3 5 y7Go I e I TOTAL I r, CITY OF CARLSBAD c2< ACCOUNT NO. 1200 CARLSBAf ,LAGE DRIVE 'CARLSBAD, JFORNIA 434-2867 1 DESCRIPTION AMOUNT 92008 REC'D FROM DATE I I I I I NOT VALID UNLESS VALIDATED BY 3 c 4 I 4/ 19/0 I From: John Davis President, Carlsbad Aquafarm, Inc To: Carlsbad City Planning Department Subj: CUP Extension Request Please extend CU 194BX2 for five years. n Hofman Planning Associates Planning Project Management Fiscal Analysis April 10,2003 Bridget Desmarais City of Carlsbad Planning Department 163 5 Faraday Avenue Carlsbad, CA 92008 RE: CUP 194BX3 Request for Extension Dear Bridget, Per thc Notice of Expiration sent to Cabrillo Power I LLC on March 24,2003, this letter serves as a formal request for an extension of CUP 194BX3. The applicant, Carlsbad Aquaculture Inc. intends to expand upland aquaculture operations as shown on the attached coastal permit and also proposes an 8 foot fence from where it currently ends to extend to the fishing beach. The proposed fence will be located below the grade of Carlsbad Boulevard and will not interfere with existing views. The following required documents are enclosed for the CUP extension: 0 0 Completed Disclosure Statement; 0 Land Use Application; 0 A check in the amount of $595. This letter serving as a written request for an extension; Additional information will be provided per the planner’s request. If you have any questions, please feel free to contact me at (760) 438-1465. Sincerely, Mike Howes Attachment 5900 Pasteur Court Suite 150 Carlsbad CA 92008 (760) 438-1465 Fax: (760) 438-2443 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt Applicant: DAVIS JOHN M DescriDtion CUP1 94BX3 Amount 595.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS 7412 04/24/01 0002 01 02 Receipt Number: ROO19861 Transaction Date: 04/24/2001 Transaction Amount: 595.00 .- City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CARLSBAD AQUAFARM, INC DescriDtion CUP 1 9 4 BX4 Amount 311 04110103 0002 01 02 595.00 CGP 595 8 90 Receipt Number: ROO33787 Transaction Date: 04/10/2003 Transaction Amount: 595.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CARLSBAD AQUAFARM INC Description CUP 19 4BX4 Amount 112.48 8078 06/24/03 0002 01 02 1;12,48 CGF Receipt Number: ROO35331 Transaction Date: 06/24/2003 Pay Type Method Description Amount __________ ________-_ ________________ ________-_ Payment Check 3358 112.48 Transaction Amount: 112.48 - h California Department of Health Services as SHELLFISH GROWING AREA CERTIFICATE California Department of Health Services NUMBER SGA03-410 Company: Carlsbad Aquafarm, Inc. Owners: John Davis Aquaculture Lease: Growing Area Classification: Restricted Certification Period: Agua Hedionda Lagoon, Outer Lagoon February 15,2003 - February 14,2004 The Carlsbad Aquafarm, Inc. is hereby issued this Shellfish Growing Area Certificate at the above named growing area by the California Oepar'tment of Health Services (DHS). Certification of this shellfish growing area is subject to the requirements of Title 17, California Code of Regulations, Sections 7706 to 7733 and Section 112150 et seq. of the California Health and Safety Code, pertaining to the culture and harvesting of shellfish for human consumption, and to the following terms and conditions: I. This certificate is nontransferable. 2. Carlsbad Aquafarm, Inc. shall conduct growing area water quality monitoring in accordance with the Sampling Plan for sample collection and handling (Attachment A). 3. Carlsbad Aquafarm, Inc. shall submit additional samples of growing waters or shellfish meats as requested by DHS. 4. Carlsbad Aquafarm, Inc. shall purify all shellfish harvested from its growing area in Agua Hedionda Lagoon through a depuration process approved and certified by the DHS Food and Drug Branch prior to marketing for human consumption. 5. Carlsbad Aquafarm, Inc. shall comply with the following conditions and procedures for management of marine biotoxins: Page 1 of 3 , Shellfish Growing Area Certificate Number SGAd3-410 Carlsbad Aquafarm, Inc. Aquaculture Lease: Agua Hedionda Lagoon, Outer Lagoon d C.*lWM Decmm.nt 01 YlSltb 5.W.Z"S . 6. 7. a. b. C. d. e. Carlsbad Aquafarm, Inc. shall submit one sample of mussels per week to the DHS Environmental Microbial Diseases Laboratory to be tested for marine biotoxins; and Carlsbad Aquafarm, Inc. shall follow the field sampling protocol for marine biotoxins provided by DHS for sample collection, preparation, and submission (Attachment B); and Carlsbad Aquafarm, Inc. shall increase the sampling frequency, expand sampling to include any other commercial shellfish species in the growing area, and/or cease harvesting as directed by DHS in response to the occurrence of toxic phytoplankton blooms; and Carlsbad Aquafarm, Inc. shall immediately implement a harvest closure when a biotoxin concentration is detected at or above the respective alert level in one or more samples of commercial product in the growing area prior to harvest, or in commercial channels after harvest. The federal alert level for paralytic shellfish poisoning (PSP) toxins is reached when the concentration of the toxin in shellfish meat equals or exceeds 80 micrograms of PSP toxin per 100 grams of meat. The federal alert level for domoic acid in bivalve shellfish is 20 micrograms per gram of tissue (i.e., 20 parts per million [ppm]); and Prior to being considered for reopening from a biotoxin closure, Carlsbad Aquafarm, Inc. shall collect successive samples at least three (3) days apart (i.e., 72 hours) that are found to be below the federal alert level for the toxin of concern. Reopening shall be contingent upon these sampling results and downward trends in biotoxin levels in the surrounding area. Carlsbad Aquafarm, Inc. shall participate in an emergency notification plan and shall maintain a telephone with an answering service for calls concerning marine biotoxins, pollution events, or other public health matters relating to the harvesting and sale of shellfish from the certified area. Carlsbad Aquafarm, Inc. shall notify the Shellfish Sanitation Specialist immediately by telephone (51 0-540-3210 or 51 0-540-3423) if it has any report or knowledge of potential contamination of the shellfish growing area or of suspected illness from consumption of shellfish from Aqua Hedionda Lagoon. Following such notification, Page 2 of 3 - - Shellfish Growing Area Certificate Number SGAd3-410 Carlsbad Aquafarm, Inc. Aquaculture Lease: Agua Hedionda Lagoon, Outer Lagoon % c.!i1anu maim s.nr.r mwm.ntoi 8. 9. IO. Carlsbad Aquafarm, Inc. shall cease the harvesting, distribution, and sale of shellfish pending review by DHS. Carlsbad Aquafarm, Inc. agrees to surrender this Shellfish Growing Area Certificate to DHS and cease operations if these conditions are not fully complied with. DHS has the authority to modify the terms and conditions of this certificate at any time. The certificate holder will be provided a 30- day written notification of any modifications. Carlsbad Aquafarm, Inc. agrees to these terms and conditions bv accepting this Shellfish Growing Area Certificate. Failure to meet any of these terms and conditions may result in suspension or revocation of this certificate. Preharvest Shellfish Unit Environmental Management Branch Department of Health Services Page 3 of 3 CUP 194(B)x3 - AQUACULTURE SYSTEMS This is a request for a Conditional Use Permit extension, scheduled for PC on December 5,2001. No changes have been proposed. Engineering (Skip) has approved the extension with no conditions. I had concerns regarding all of the issues from the past regarding pollution and the contamination of the mussels, etc. Engineering said nothing more is needed at this time. I have also attached to the Staff Report current copies of the Shellfish marketing and growing licenses from the state of California. I visited the site and all conditions of approval are being met. Please be aware that the City Attorney (Jane) felt that we should revisit all the former resolutions and conditions, despite the fact that the last two extensions have not and no changes are proposed at this time. Chris and I discussed this issue and decided to leave the reso and staff report unchanged. All reports are done Needs: Someone to go to briefings and PC to answer questions and do Notice of Restriction, etc.