HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 45440 0
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PLANNING COMMISSION RESOLUTION NO. 4544
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PRECISE DEVELOPMENT PLAN
AMENDMENT, PDP 1(E), TO ALLOW THE REPLACEMENT OF
AN EXISTING PUMP STATION AND CONSTRUCTION OF AN
ELECTRICAL EQUIPMENT BUILDING ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA
ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 3.
CASE NAME: ENCINA EFFLUENT PUMP STATION
CASE NO. : PDP 1(E)
WHEREAS, Leucadia County Water District, “Developer”, has filed i
application with the City of Carlsbad regarding property owned by Encina Wa
Authority, “Owner”, described as
a portion of Section 20 of Township 12 South, range 4 West,
San Bernadino Meridian, according to the US Government
survey approved October 25,1875 and a portion of Lot “H” of
Rancho Agua Hedionda according to Map 823, filed November
16,1896,
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(“the Property”); and
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Development Plan Amendment as shown on Exhibit(s) “A” - “D” dated April 21, : l9
WHEREAS, said verified application constitutes a request for a
file in the Planning Department, ENCINA EFFLUENT PUMP STATION, PDP
21 /I provided by Chapter 21.36 of the Carlsbad Municipal Code; and
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and arguments, if any, of all persons desiring to be heard, said Commission considered a1 26
WHEREAS, at said public hearing, upon hearing and considering all tc 25
duly noticed public hearing as prescribed by law to consider said request; and
relating to the Precise Development Plan Amendment.
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WHEREAS, the Planning Commission did, on the 21st day of April, 199.
WHEREAS, on May 25, 1979, the City Council approved PDP 1, as d
and conditioned in Planning Commission Resolution No. 1514, and amended PDP 1 (
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’ 11 recently on December 3, 1996 as described and conditioned in Planning Con
2 11 Resolution No. 3992 (PDP 1 (D)).
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4 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the
~ 11 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the I
Commission RECOMMENDS APPROVAL of ENCINA EFFLUENT
STATION, PDP 1(E), based on the following findings and subjecl
following conditions:
Findinm:
1. The Planning Commission finds that the project, as conditioned herein for PD:
in conformance with the Elements of the City’s General Plan, based on the folloM
A. Land Use - The proposed use is consistent with the City’s general plal
the subject site is designated for Public Utility uses and the propose
replacement and electrical building is consistent with Land Use
Goal A.2 which requires that the City responsibly deals with the dis
solid and liquid waste.
B. Circulation - The existing circulation system is adequate to handle a’
generated by the existing use, and the proposed use will not 1
additional traffic.
2. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan and all City public facility polic
ordinances since:
A. All necessary public improvements have been provided or are reql
conditions of approval.
3. This project has been conditioned to comply with any requirement approved as p:
Local Facilities Management Plan for Zone 3.
4. That the Planning Director has determined that the project is exempt f-
requirements of the California Environmental Quality Act (CEQA) per Section 1
of the state CEQA Guidelines and will not have any adverse significant impac
environment.
5. The project is consistent with the P-U Zone regulations based on the followin
A. The proposed pump replacement and electrical building is consiste
the City’s General Plan in that the subject site is designated for Public
uses.
PC RES0 NO. 4544 -2-
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B. All potential environmental factors which might result from the pro;
been considered, and it has been determined that there wil:
environmental factors resulting from the project.
C. The project is compatible with the surrounding development in thz
proposal does not result in an expansion of the existing uses on the s
will not generate any additional traffic, and (3) the electrical buildin
adequately screened from Avenida Encinas by existing and replace(
landscaping.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all cc
and modifications to the Precise Development Plan Amendment docun
necessary to make them internally consistent and in conformity with the final i
the project. Development shall occur substantially as shown on the approved
Any proposed development different from this approval, shall require an amen
this approval.
2. The conditions of approval contained herein shall be in addition to the
conditions of approval. All previous conditions of PDP 1(C) and PI
Planning Commission Resolutions 2830 and 3992, shall remain in effect and
complied with in their entirety.
3. The Developer shall comply with all applicable provisions of federal, state, :
ordinances in effect at the time of building permit issuance.
4. The Developer/Operator shall and does hereby agree to indemniQ, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Precise Development
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio
facility of electromagnetic fields or other energy waves or emissions.
5. The Developer shall provide the City with a reproducible 24” x 36”, mylar col
Precise Development Plan Amendment as approved by the final decision maki
The Precise Development Plan Amendment shall reflect the conditions of app
the City. The Plan copy shall be submitted to the City Engineer and approved
building, grading, final map, or improvement plan submittal, whichever occurs fi:
6. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolution(s) on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devc
Permit and signed approved site plan.
PC RES0 NO. 4544 -3-
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7. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 3 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. Approval of PDP 1(E) is granted subject to the approval of CDP 98-82. PDI
subject to all conditions contained in Resolution No. 4545 for CDP 98-82.
9. Any landscape or irrigation that is damaged or destroyed during construct
be replaced to the satisfaction of the Planning Director.
General:
10. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute
to compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apy
this Precise Development Plan Amendment.
Standard Code Reminders:
The project is subject to all applicable provisions of local ordinances including, but no
to, the following code requirements:
11. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
12. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
13. All roof appurtenances, including air conditioners, shall be architecturally integr;
concealed from view and the sound buffered from adjacent properties and st,
substance as provided in Building Department Policy No. 80-6, to the satisfactio
Directors of Community Development and Planning.
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PC RES0 NO. 4544 -4-
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Please take NOTICE that approval of your project includes the “imposition” 3
“fees/exactions.” 4
dedications, reservations, or other exactions hereafter collectively referred to for convc
NOTICE
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You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bl
a NOTICE similar to this, or as to which the statute of limitations has previously 1
expired.
13 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 21st day of April, 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas mr: ;; ,‘
A
COURTNEY E. - , Chairperson
CARLSBAD PLANNING COMMISSION
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25 /I ATTEST:
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28 Planning Director
PC RES0 NO. 4544 -5-