HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4545e 0
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PLANNING COMMISSION RESOLUTION NO. 4545
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
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.: CDP 98-82
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
NUMBER CDP 98-82 TO ALLOW THE REPLACEMENT OF
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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Development Permit as shown on Exhibits “A” - “D” dated April 21, 1999, on fi ‘I9
WHEREAS, said verified application constitutes a request for a :I 8
(“the Property”); and
’lo /I Planning Department, ENCINA EFFLUENT PUMP STATION, CDP 98-82, as prc
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Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of April, 195
duly noticed public hearing as prescribed by law to consider said request; and
2 5 WHEREAS, at said public hearing, upon hearing and considering all 1
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and arguments, if any, of all persons desiring to be heard, said Commission considered i
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relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
RECOMMENDS APPROVAL OF ENCINA EFFLUENT PUMP SI
CDP 98-82, based on the following findings and subject to the j
conditions:
Findinm:
1. That the proposed development is in conformance with the Mello I1 segmel
Certified Local Coastal Program and all applicable policies in that the site is de
for Public Utility uses and the development consists of the replacemer
existing pump station within the Encina Waste Water Treatment Plan
proposed pump replacement does not obstruct views or otherwise damage tl
beauty of the coastal zone and no agricultural activities, sensitive resources,
instability, or coastal access opportunities exist on the site.
2. The project is consistent with the provisions of the Coastal Resource PJ
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pro
adhere to the City's Master Drainage and Storm Water Quality Managemc
and Grading Ordinance to avoid increased runoff and soil erosion, no stee
or native vegetation is located on the subject property and the site is not lo
an area prone to landslides, or susceptible to accelerated erosion, fl~
liquefaction.
3. 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.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Coastal Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any F
development different from this approval, shall require an amendment to this appr
2. Approval of CDP 98-82 is granted subject to the approval of the PDP l(E). CD
is subject to all conditions contained in Resolution No. 4544 for PDP l(E).
3. The applicant shall apply for and be issued building permits for this projec
eighteen (18) months of approval or this coastal development permit will
unless extended per Section 21.201.210 of the Zoning Ordinance.
4. Prior to the issuance of the building permit, Developer shall submit to the City i
of Restriction to be filed in the office of the County Recorder, subject to the sati
of the Planning Director, notifylng all interested parties and successors in interest
City of Carlsbad has issued a Coastal Development Permit by Resolution No. '
the property owned by the Developer. Said Notice of Restriction shall note the 1
description, location of the file containing complete project details and all condj
PC RES0 NO. 4545 -2-
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approval as well as any conditions of restrictions specified for inclusion in the ?
Restriction. The Planning Director has the authority to execute and record an an
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
5. Consistent with subsection 21.203.040 of the Carlsbad Municipal Code, no grac
be allowed during the winter season (October 1 - April 1).
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Codc
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 t
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 I
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4545 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of April, 199
following vote, to wit:
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AYES: Chairperson Heineman, Commissioners Compas, L’Heurc
Nielsen, Segall, and Welshons
NOES:
ABSENT: Commissioner Trigas
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO.NO. 4545 -4-