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Home My WebLink About2003-07-16; Planning Commission; ; CUP 194BX4 - CARLSBAD AQUAFARMSThe City of Carlsbad Planning Departmt.c1t A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: July 16, 2003 Item No.@ Application complete date: May 28, 2003 Project Planner: Anne Hysong Project Engineer: David Rick SUBJECT: CUP 194(B)x4 -CARLSBAD AOUAFARMS -Request for a five-year extension 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 in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5433 APPROVING a five-year extension of CUP 194(B)x3 based on the findings and subject to the conditions contained therein. II. INTRODUCTION • The proposed CUP extension would allow the continued operation of an aquaculture facility in and adjacent to the outer Agua Hedionda Lagoon and the Encina Power Plant east of Carlsbad Boulevard. The facility, which has been in operation since 1980, is in compliance with all conditions of approval. III. PROJECT DESCRIPTION AND BACKGROUND On March 11, 1980, the Planning Commission approved CUP 194 to allow 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 Encina Power Plant. On July 28, 1982, CUP 194(A) was approved by the Planning Commission to allow for 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 194(B) was approved to allow for the addition of a roadside stand to sell products grown on the site; however, approval of a CUP extension, CUP 194(B)xl, in 1991, eliminated any portion of the CUP approval that had not been constructed as of April 17, 1991. Both the roadside stand and fish culture tanks that were approved on a strip ofland located between the lagoon and Carlsbad Boulevard were never constructed and therefore were eliminated. The current project consists only of facilities shown on the approved Exhibit "A" dated May 18, 1994 approved as part of CUP 194(B)x2 in 1994. On December 5, 2001, the Planning Commission retroactively extended the aquaculture facility (CUP 194(B)x3) from May 6, 1998 through May 6, 2003. Condition No. 3 of the approving CUP Resolution No. 5106 specifies that CUP 194(B)x3 may be extended for a period not to exceed five years upon written application of the permittee (Carlsbad Aquafarms/Cabrillo Power I, LLC). The applicant is requesting a 5-year extension of CUP 194(B)x3 to allow the continued operation of an - CUP 194(B)x4 -CARLSBAD AQUAF ARMS July 16, 2003 Page2 aquaculture facility at this site. The proposed five-year extension (CUP 194(B)x4) would retroactively extend the aquaculture use from May 7, 2003 through May 6, 2008. IV. ANALYSIS Carlsbad Aquafarms continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Zone 1 Local Facilities Management Plan; and 3. Title 21 of the Carlsbad Municipal Code. A. The adopted project findings for CUP 194(B)x3, which are contained in Planning Commission Resolution No. 5106 still apply to this project (CUP 194(B)x4). B. The adopted project conditions for CUP 194(B)x3, which are contained in Planning Commission Resolution No. 5106 still apply to this project (CUP 194(B)x4) with the exception of Condition No. 3 which is amended by Condition No. 4 of Planning Commission Resolution No. 5433 to retroactively extend CUP 194(B)x3 for 5 years from May 7, 2003 through May 6, 2008 and Condition No. 13 of Planning Commission Resolution 3214 for CUP 194(B)xl which is replaced by Condition No. 5 of Resolution No. 5433. New conditions (6 and 7) have been added to Resolution 5443 that require a Storm Water Management Plan (SWMP). C. No formal written complaints regarding CUP 194{B)x3 have been submitted to the City. D. Annual reviews have been conducted for CUP 194(B)x3 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 requirement 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. 5433 (CUP extension) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolutions No. 1778, 1991, 2651, 3214, 3658, and 5106 5. State of California Shellfish Growing Approval 6. State of California Shellfish Handling and Marketing Approval AH:bd SITE AGUA HEDIONDA LAGOON AGUA HEDIONDA LAGOON CARLSBAD AQUAFARMS CUP 194(B)x4 - 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. ::::~n •• is defined as "Alty mdividual •. f~ CO:Partil#~ip;: jjji{.;Jetttufe~ . assqciatioiii $0()iill ¢lub;c intteJJ)al organization, corpotation, estate, ttq~ r~eiver, syn~icate, in dib at1cl any <illier cOUntY~ city and ct'.>imty, city municipality, district ot<>tbeipQlitical siibdivisiOA or any otb~grottp 9f (X)tnbination acting 8$ a®~·" Agents may sign this docunient; however, the legalname afui entiiy·of tlie applicant·aJtd P1'9~ owner must be provided ~low. • • • • • • • • • • • • • • • • 1. APPLICANT (Not the applicant's agent) 2. 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 IND I CA TE 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 John Dav;t..,.' s..__ ______ _ Title Carlsbad :Acp,1afa;r;m, Inc~ Address p .o. 13ox 260~0~---- ___ .,,__C;:t._.r...._J...,s=· badf ,CA 9_2_0_1_8 __ _ OWNER (Not the owner's agent) Corp/Part ___________ _ Title _____________ _ Address -------------- 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.) ~:;,:o~.S:t~ Address 4600 Carlsbad Blvd Carlsbad, CA 92008 Corp/Part ____________ _ Title --------------- Address -------------- 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 D 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 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 (12) months? Oves ~ 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. Jvl~ M~t'9o Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 DEPARTMENT OF HEALTH SERVICES FOOD AND DRUG BRANCH CERTIFICATE FOR SHELLFISH HANDLING AND MARKETING CARLSBAD AQUA FARMS 4600 CARLSBAD BLVD. CARLSBAD, CA 92018 LICENSE NO: 00410-DP EXPIRATION DATE: 03/31/2004 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 rs NOT TRANSFERABLE. Cl) CD II) ('I) I Cl) ('I) ... I C CD t' Ill .... ::> II Q C .c 0 I"') D. t' ... •• ... C ... C Cl) N .. ::, a: Thi~ _is to certify that the lac. .of Carlsbad, Califo National Shellfish Sani harvesting from it of shel California Certificate Number: SOA0l-410 Date: May 11, 2001 STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL MANAGEMENT BRANCH (