HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 4763P a 0
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PLANNING COMMISSION RESOLUTION NO. 4763
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE PERMIT TO CONSTRUCT A SEWER LIFT
STATION AND INSTALL SEWER PIPELINES ON PROPERTY
GENERALLY LOCATED SOUTH OF THE AGUA HEDIONDA
LAGOON IN LOCAL FACILITIES MANAGEMENT ZONES 8
AND 13
CASE NAME: SOUTH AGUA HEDIONDA INTERCEPTOR
CASE NO: SUP 00-03
- REACH 3
9 WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed
10 verified application with the City of Carlsbad regarding properties owned by the San Diego G
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and Electric Company and the Kelly Ranch Company, “Owners,yy described as
Properties within the open space and agricultural lands south
13 of the Agua Hedionda Lagoon, north of Cannon Road/the
Cannon Road extension, and east of the 1-5 Freeway.
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16 WHEREAS, said verified application constitutes a request for a Special L
17 Permit as shown on Exhibits “A” - “I” dated April 19,2000, on file in the Planning Departmc
18 SOUTH AGUA HEDIONDA INTERCEPTOR - REACH 3, SUP 00-03, as provided
l9 Chapter 21.40/21.110 of the Carlsbad Municipal Code; and
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(‘the Property”); and
WHEREAS, the Planning Commission did on the 19th day of April, 2000, holc
duly noticed public hearing as prescribed by law to consider said request; and
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23 WHEREAS, at said public hearing, upon hearing and considering all testimo
24 11 and arguments, if any, of all persons desiring to be heard, said Commission considered all fact(
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 26
relating to the Special Use Permit;
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Commission of the City of Carlsbad as follows:
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 Commissi
APPROVES SOUTH AGUA HEDIONDA INTERCEPTOR REACH 3, S1
00-03, based on the following findings and subject to the following conditions:
Findings:
1. The proposed grading will not create a hazard or adversely impact the propos
onsite structures or development or adjacent and upstream properties a
structures.
2. The cumulative effect of this project and the adjacent approved projects will I
significantly raise the level of the 100 year flood plain (base flood elevation).
3. The project will not be impacted by floodwaters, nor will floodwater be impacted
the project, in that the sewer lift station has been designed to be three feet above t
100 year floodplain level, and all pipelines will be installed underground
floodplain areas a minimum depth of eight feet.
Conditions:
1. This approval is granted subject to the approval of CUP 99-19 and HDP 00-03 and
subject to all the conditions of approval contained in Planning Commission Resolutia
No. 4760 (Neg Dec), 4761 (CUP), 4762 (HDP).
2. Prior to the issuance of any permit, the Carlsbad Municipal Water District sh
demonstrate to the satisfaction of the Planning Director that all, if any, necessa
clearances from the Army Corps of Engineers to do work in a floodplain have be
obtained. In the event that no such clearance is required, the CMWD shall subn
appropriate documentation to the Planning Department.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fec
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days fiom date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sectil
66020(a), and file the protest and any other required information with the City Manager f
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time
follow that procedure will bas 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 feedexactio
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giv
PC RES0 NO. 4763 -2-
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a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planni
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:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. &ZMI~LER
Planning Director
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