HomeMy WebLinkAbout1999-06-02; Planning Commission; Resolution 45591
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PLANNING COMMISSION RESOLUTION NO. 4559
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED NORTH OF LA COSTA
AVENUE AND WEST OF SAXONY ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME: SAXONY PUMP STATION REHABILI-
CASE NO.: CDP 98-69
WHEREAS, Leucadia County Water District, “Owner” and “Develo
COASTAL DEVELOPMENT PERMIT CDP 98-69 ON
TATION
filed a verified application with the City of Carlsbad regarding property described as
That portion of lot 14 of Section 34, Township 12 south, Range
4 west, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to United States
Government Survey thereof approved May 3,1883.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “BB” dated June 2, 1999, on fi
Planning Department, SAXONY PUMP STATION REHABILITATION, CDP ’
provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of June 199
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
I A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cor
APPROVES SAXONY PUMP STATION REHABILITATION, SD
based on the following findings and subject to the following conditions:
Findincs:
1. That the proposed development is in conformance with the East B;
LagoodHunt segment of the Certified Local Coastal Program and all a
policies in that:
A. That the public facility is an allowed use with the Batiquitos Lagoor
Treatment Overlay per policy C-1 of the East Batiquitos Lago
segment of the Certified Local Coastal Program.
B. That the project’s impact to .04 acres of coastal sage scrub and .14
southern willow scrub habitat will be mitigated through the acqui
.OS acres and revegetatiodrestoration of .42 acres respectively, pur
the adopted Mitigated Negative Declaration.
C. That the project site is relatively flat and not subject to risk of land
slope stability and that the mitigation measures incorporated
Mitigated Negative Declaration would reduce the potential impac
seismic activity to below a level of significance.
D. That the use of sediment control practices will eliminate sedimenta
Batiquitos Lagoon.
2. The Planning Commission has reviewed each of the exactions imposed on the I:
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the document(s) necessary to make them internally consist€
conformity with final action on the project. Development shall occur substx
shown in the approved Exhibits. Any proposed development different f
approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, ,
ordinances in effect at the time of development.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, dc
hold harmless the City of Carlsbad, its Council members, officers, employees, ai
representatives, from and against any and all liabilities, losses, damages, demanc
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 Coastal Developmer
(b) City’s approval or issuance of any permit or action, whether discretionar]
discretionary, in connection with the use contemplated herein.
PC RES0 NO. 4559 -2-
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4. The Developer shall provide the City with a reproducible 24” x 36”, mylar coy
Conditional Use Permit as approved by the final decision making body. The S
shall reflect the conditions of approval by the City. The Plan copy shall be sub1
the City Engineer and approved prior to development.
The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolution on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dew
Permit and signed approved site plan.
6. This project shall comply with all conditions and mitigation measures which are
as part of the approved Mitigated Negative Declaration, as contained in I
County Water District Resolution No. 2070.
7. No outdoor storage of materials shall occur onsite unless approved by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
8. The applicant shall begin development of this project within two (2) ;
approval or this Coastal Development Permit will expire unless exten
Section 21.201.210 of the Zoning Ordinance.
9. The landscape plan and planting plan for the La Costa Avenue road Y
project (sheets 32 and 41 of drawing number 308-5) shall be amended to re
changes made by this project. The planting plan shall include the addition
(4) 1 gallon climbing vine plants, of a variety and placement approved by thl
Carlsbad landscape consultant, placed on the south side of the equipment r
wall.
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 tl
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; institute and prosecute litigation tc
their compliance with said conditions or seek damages for their violation. N
rights are gained by Developer or a successor in interest by the City’s approv;
Coastal Development Permit.
11. Approval of CDP 98-69 is granted subject to the approval of CUP 99-09. CDP
subject to all conditions contained in Resolution No. 4569 for the Conditic
Permit.
Encineering
12. No construction can occur at the project site until completion of the La Cost
widening project except as coordinated with and to the extent allowed by tl
Carlsbad Public Works Director.
PC RES0 NO. 4559 -3-
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13. Prior to commencement of any construction, an environmental fence
installed to prevent any construction activity within the limits of the City of
mitigation area.
14. Prior to commencement of any construction, the Contractor shall obtain a
way permit from the City Engineer.
15. Install traffic signal detector loops at the pump station driveway.
16. Install signage to prevent public traffic from attempting to access the pum
driveway. Relocate the swing gate to a point closer to the driveway apror
enough room for maintenance vehicles to drive off La Costa Avenue to open
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/e:
If you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
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 feedexactions 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. 4559 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the ' Commission of the City of Carlsbad, California, held on the 2nd day of June 199!
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L'Heure
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4559 -5-