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HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 4762c 4 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 0 PLANNING COMMISSION RESOLUTION NO. 4762 A RESOLUTION OF THE PLANMNG COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO CONSTRUCT A SEWER LIFT STATION AND INSTALL SEWER PIPELINES ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF THE AGUA HEDIONDA LAGOON IN LOCAL FACILITIES MANAGEMENT ZONE 8 AND 13. CASE NAME: SOUTH AGUA HEDIONDA INTERCEPTOR CASE NO: HDP 00-03 WHEREAS, Carlsbad Municipal Water District, “Developer,” has filec verified application with the City of Carlsbad regarding properties owned by the San Diego ( and Electric Company and the Kelly Land Company, “Owners,” described as - REACH 3 Properties within the open space and agricultural lands south of the Agua Hedionda Lagoon, north of Cannon Road/the Cannon Road extension, and east of the 1-5 Freeway. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hill! Development Permit as shown on Exhibits “A” - “I“ dated April 19, 2000, on file in Carlsbad Planning Department, SOUTH AGUA HEDIONDA INTERCEPTOR REACE HDP 00-03, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of April, 2( consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr Commission as follows: A) That the foregoing recitations are true and correct. I 4 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 0 B) That based on the evidence presented at the public hearing, the Commiss APPROVES, SOUTH AGUA HEDIONDA INTERCEPTOR REACH HDP 00-03 based on the following findings and subject to the follow conditions: Findinps: 1. That the development proposal is consistent with the intent, purpose, and requirement: the Hillside Ordinance, Chapter 21.95, in that the proposed sewer lift station site des (i.e. the retaining wall) will minimize the amount of natural vegetated a disturbed; pipelines proposed through natural vegetated areas will be installed vi directional drilling or micro-tunneling technique; all aspects of the proposed proj will comply with the City’s grading and erosion control standards; and proposed sewer lift station building will utilize appropriate build materials/finishes, and landscaping and/or landscaped earth mounding will installed at the perimeter of the site, to blend the project in with the surround natural environment and screen the project from public view. 2. That the proposed development or grading will not occur in the undevelopable portions the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, that the site has an Open Space General Plan designation and portions of the site v be re-vegetated with coastal sage scrub, a protected habitat for the coas California Gnatcathcer. 3. That the project design substantially conforms to the intent of the concepts illustrated the Hillside Development Guidelines Manual, in that the design of sewer lift stati building (i.e. the roof orientation and material, exterior building finish, etc.) v blend in with the surrounding natural environment; views of the facility from 1 Agua Hedionda Lagoon Nature Center will be screened by existing topography a landscaping andlor landscaped earth mounding, which will be installed as part the project; and pipelines proposed through natural vegetated areas will be install via a directional drilling or micro tunneling technique. 4. That the project design and lot configuration minimizes disturbance of hillside lands, that the proposed 14,000 square foot developable pad area (for the sewer 1 statiodbuilding) created by the installation of the retaining wall is approximatc one third of the area that would otherwise be disturbed if a terraced gradi concept was utilized, and pipelines proposed through natural vegetated areas will installed via a directional drilling or micro tunneling technique. 5. That the proposed modification will result in significantly more open space undisturbed area than would a strict adherence to the requirements of the ordinance, that the proposed 14,000 square foot developable pad area (for the lift statio created by the installation of the retaining wall is approximately one third of t area that would otherwise be disturbed if a terraced grading concept was utilized. ... PC RES0 NO. 4762 -2- d 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 0 0 Conditions: 1. This approval is granted subject to the approval of CUP 99-10 and SUP 00-03 and subject to all the conditions of approval contained in Planning Commission Resolutic No. 4760 (Neg Dec), 4761 (CUP), 4763 (SUP). NOTICE Please take NOTICE that approval of your project includes the “imposition” of fc dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim follow that procedure will bar any subsequent legal action to attack, review, set aside, void. annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactil DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with 1 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi a NOTICE similar to this, or as to which the statute of limitations has previously otherv expired. ... ... ... ... ... ... ... ... ... ... PC RES0 NO. 4762 -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 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannj Commission of the City of Carlsbad, California, held on the 19th day of April, 2000, by 1 following vote, to wit: AYES: Chairperson Compas, Commissioners Baker, Heineman, L’Heureux, and Nielsen NOES: ABSENT: Commissioners Segall and Trigas ABSTAIN: d&& WILLIAM COMPAS, Chairpkm CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4762 -4-