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HomeMy WebLinkAbout1999-06-02; Planning Commission; Resolution 4569I // e 0 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4569 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW IMPROVEMENTS TO THE EXISTING SEWER PUMP STATION ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE AND WEST OF SAXONY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASENAME: SAXONY PUMP STATION REHABILI- TATION CASE NO.: CUP 99-09 WHEREAS, Leucadia County Water District, “Owner” and “Develc 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 Conditi Permit as shown on Exhibit(s) “A”-“BB” dated June 2, 1999, on file in the Carlsbad Department, SAXONY PUMP STATION REHABILITATION, CUP 99-09, as pro Chapter 21.50 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 tc and arguments, if any, of all persons desiring to be heard, said Commission considered a relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: ~ A) That the foregoing recitations are true and correct. I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 1 e e B) That based on the evidence presented at the public hearing, the Cor APPROVES SAXONY PUMP STATION REHABILITATION, CU based on the following findings and subject to the following conditions: Findinzs: 1. That the requested use is necessary or desirable for the development of the comrl essentially in harmony with the various elements and objectives of the General I is not detrimental to existing uses specifically permitted in the zone in w proposed use is located, in that the sewer pump station is necessary and pro1 the continued operation of public facilities to serve the communitJ rehabilitation of the pump station achieves the goal of the General Plan L Element by maintaining a system of public facilities and responsibly deal the disposal of solid and liquid waste. The project will not be detriment: surrounding uses as mitigation measures in the form of noise and sedim control will be provided. 2. That the site for the intended use is adequate in size and shape to accommodate th that the rehabilitation of the pump station occupies the same location as the I facility and has improvements to provide adequate truck access and turnarol 3. That all the yards, setbacks, walls, fences, landscaping, and other features nece adjust the requested use to existing or permitted future uses in the neighborhooc provided and maintained, in that the masonry retaining wall exterior will be el with texture, color, and will be landscaped. The interior of the retaining I have sound proofing material to reduce the noise impact from the em electrical generator. 4. That the street system serving the proposed use is adequate to properly handle a generated by the proposed use, in that the proposed use would not generate ad vehicle trips beyond that necessary for occasional maintenance. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all COI and modifications to the Conditional Use Permit document(s) necessary to ma internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve different from this approval, shall require an amendment to this approval. 2. Approval of CUP 99-09 is granted subject to the approval of CDP 98-69. CUP ! subject to all conditions contained in Planning Commission Resolution No. 4555 Coastal Development Permit. ~ ~ 3. Conditional Use Permit shall be reviewed by the Planning Director on a yearly determine if all conditions of this permit have been met and that the use does no substantial negative effect on surrounding properties or the public health and we1 the Planning Director determines that the use has such substantial negative efft PC RES0 NO. 4569 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e Planning Director shall recommend that the Planning Commission, after prov permittee the opportunity to be heard, add additional conditions to reduce or elin substantial negative effects. This permit may be revoked at any time after hearing, if it is found that the use has a substantial detrimental effect on surrounc uses and the public’s health and welfare, or the conditions imposed herein have met. 4. The Developer shall report, in writing, to the Planning Director within 30 d address change from that which is shown on the conditional use permit applicatio NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conve~ “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 tl 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/e 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 T project; NOR DOES IT APPLY to any feedexactions of which you have previously bei a NOTICE similar to this, or as to which the statute of limitations has previously 01 expired. .. . ... ... ... . .. . .. ... i I , ... 1 PC RES0 NO. 4569 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m or 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. 4569 -4-