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Home My WebLink AboutCUP 194Bx5; Carlsbad Aquafarms; Conditional Use Permit (CUP) (4)FILE COPY City of Carlsbad Planning Department NOTICE OF CONDITIONAL USE PERMIT EXTENSION April 9, 2009 Carlsbad Aquafarm, Inc. John M. Davis P.O. Box 2600 Carlsbad, CA92018 SUBJECT: CUP 194(B)x5 - CARLSBAD AQUACULTURE SYSTEMS This notice is to inform you that CUP 194Bx5 - Carlsbad Aquaculture Systems located at 4600 Carlsbad Boulevard (Inside the Power Plant property) and originally conditioned to expire on May 6, 2008 is hereby extended in perpetuity by the Planning Director pursuant to Section 21.42.110(0) of the Carlsbad Municipal Code. The adopted findings and conditions for CUP 194Bx4 which are contained in Planning Commission Resolution No. 5433 shall apply to this extension in perpetuity and are incorporated herein by this reference. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 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 and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. Should you have any questions, please contact the Planning Department at (760) 602- 4610. Sincerely, DON NEU Planning Director DN:DH:lt File Copy Senior Office Specialist Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad PI a n n i n g D e p a rt m e n t April 3, 2008 Carlsbad Aquafarm, Inc. John M. Davis P.O.Box 2600 Carlsbad, CA 92018 SUBJECT: 1ST REVIEW FOR CUP 194(B) X5 - CARLSBAD AQUAFARMS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Conditional Use Permit Extension, application no. CUP 194(B)x5, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information— which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including four (4) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 5, 2008, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Dan Halverson, at (760) 602-4631, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Planning Director DN:DH:lt Cabrillo Power I, LLC., 4600 Carlsbad Blvd., Carlsbad, CA 92008 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us "CUP 194(B)x5 - CARLSBAD AQUAFARMS, INC. April 3, 2008 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please provide a project site plan showing the location of existing buildings, structures, buoys (including the maximum number of buoys and their locations), driveways, parking, landscaping, etc. Engineering: None ISSUES OF CONCERN Planning: 1. Please provide an updated State of California Department of Health Services certificate for Shellfish Growing Area and SheJIfish Handling and Marketing. Engineering: 1. Before approval of this extension can be recommended to the Planning Commission, the project must comply with Condition 6 and 7 of Planning Commission Resolution No. 5433 adopted July 16, 2003. This Resolution approved the previous extension (CUP 194BX4) with conditions. Condition No. 6 required that a Storm Water Management Plan (SWMP) be submitted for City review and approval by January 16, 2004 (within 6 months of approval of this resolution). The SWMP was never submitted for review. This Plan, which must be prepared by a registered Civil Engineer in the State of California, must identify pollutants anticipated to discharge directly or indirectly to the lagoon or ocean and identify various treatment practices that will be integrated into the project. Specific guidelines for preparing a SWMP can be found within Appendix C of the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Since bacteria is one of the pollutants of concern impairing Agua Hedionda Lagoon as identified by the California Regional Water Quality Control Board, the SWMP shall analyze the bacteria contributions to the lagoon caused by birds attracted to the mussels and incorporate measures to eliminate this source of bacteria. In addition, Condition No. 7 required that all the best management practices that were to be identified in the SWMP be in place by July 16, 2004. Since the SWMP was never submitted for review and approval and the best management practices were never added to the project, it is imperative that these conditions soon be satisfied. Please submit two copies of your SWMP to the City by May 6, 2008 so that we may continue processing your application for extension in a timely manner. 2. Submit a site plan of the property showing all facets of the project, including the locations and numbers of buoys, culture raceways, trailers, paved driveway and parking. If you have any Engineering questions, please either see or contact David Rick at (760) 602-2781. PLANWNG06P1 CARLSBAD Fire Prevention Division Land Use Review Report PROJECT NAME: Date: Project number: Staff Planner: Carlsbad Aquafarms 03/05/08 CUP 194Bx5 D. Halverson Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire Department has reviewed this submittal and has no comments or conditions at this time. GR City of Carlsbad *~ ^P^V^MHM^H^^HF^^^^^^HVH^^^^BHPlanning Department NOTICE OF EXPIRATION January 8, 2008 Cabrillo Power I LLC c/o Ed Belcher 1000 Louisiana St #5800 Houston TX 77002 j SUBJECT: CUP 194Bx4 - CARLSBAD AQUAFARMS This is a courtesy notice. In a recent audit of our records, we found that CUP 194Bx4 - CARLSBAD AQUAFARMS, located at 4600 Carlsbad Blvd. will expire on May 6, 2008. Should you, the property owner, require an extension of this permit, please send the following: s Written request for an extension; s Completed Disclosure Statement (enclosed); s Land Use Application (enclosed); s A check in the amount of $820; ^ Noticing Fee in the amount of $290; s Additional information will be requested by the planner. Send the required documents: Bridget Desmarais City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before February 7, 2008, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $4,060. Should you have any questions, please contact the Planning Department at (760) 602-4610. Sincerely, Bridget Desmarais Business Owner, Carlsbad Aquafarm Inc, PO BOX 2600, Carlsbad CA 92018 File Copy Staff Planner 1S3b Faraday Avsnue « Carlsbad, CA 9200S-7314 » (780) 602-4600 » FAX (760) 602-8559 » www.ci.carisbad.ca.us RECEIVED •JUL02WW CITY OF CARLSBAD PLANNING DEPT July 1,2008 Mr. Don Neu Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: City of Carlsbad CUP 194(B) X5 Dear Mr. Neu, Thank you for taking the time to review the renewal application for Conditional Use Permit (CUP), application no. CUP 194(B) X5. The questions and concerns raised in this review are addressed as follows. 1. Planning item 1: The requested site plan has been included on the enclosed Encina Power Station Storm Water Pollution Prevention Plan (SWPPP) site plan. Carlsbad Aquafarm, Inc. leases this property (shore and lagoon) from Cabrillo Power I LLC. 2. Planning issues 1: A copy of the Carlsbad Aquafarm, Inc. California Department of Health Services (DHS) certificate for Shellfish Growing Area and Shellfish Handling and Marketing is enclosed. 3. Engineering issue 1: The requirement for a Storm Water Management Plan (SWMP), condition 6 and 7 of the current CUP, was discussed with Mr. David Rick, City of Carlsbad. Mr. Rick determined that including Carlsbad Aquafarm, Inc. in the Encina Power Station (EPS) SWPPP would meet this requirement. The specific concerns Mr. Rick addressed in this engineering issue and in a subsequent email are included in this SWPPP revision. Copies of the SWPPP and email are enclosed for review. 4. Engineering issue 2: The requisite site plan information has been included in the EPS SWPPP site plan. A copy of this site plan is enclosed for review. With respect to Engineering issue 1 above, we respectfully request the City to refer to Investigating Potential Sources of Fecal Contamination to Aquacultural Production in Agua Hedionda Lagoon, the final report prepared by the Agua Hedionda Lagoon Shellfish Technical Advisory Committee in January 2003. A copy of this report is enclosed. Carlsbad Aquafarm, Inc. operates its shellfish depuration facility in accordance with the National Shellfish Sanitation Program's Model Ordinance. Carlsbad Aquafarm, Inc. is in full compliance with the United States Federal Drug Administration and the California Department of Health Services shellfish programs. Carlsbad Aquafarm, Inc. has and will continue to comply with the findings of this report. Note that the fecal coliform testing results in this report are divided into two categories, water quality levels of fecal coliform and shellfish levels of fecal coliform. The fecal coliform water quality results are well below the Water Quality Control Plan for the San Diego Basin and the Water Quality Control Plan Ocean Waters of California water quality objectives in recreational waters. Carlsbad Aquafarm, Inc. appreciates the time the City of Carlsbad has taken to review the CUP 194(B) renewal application. Please contact me at (760) 802-3178 should you have any further questions or concerns in order to complete this application renewal. Respectfully, Ir. John Davis President Carlsbad Aquafarm, Inc. Enclosures cc: David Rick, City of Carlsbad Dan Halverson, City of Carlsbad David Lloyd, EPS Jerry Carter, EPS Sheila Henika, EPS CUP194(B)x5 6/30/08 Page 2 of 2