HomeMy WebLinkAbout2001-08-15; Planning Commission; Resolution 50371
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PLANNING COMMISSION RESOLUTION NO. 5037
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT
OF A WATER RECYCLING FACILITY ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA
ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD WATER RECYCLING
FACILITY
CASE NO.: CUP 99-23
WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by the City of Carlsbad
and the Encina Water Authority, “Owner,” described as
A portion of Lot “H” of Ranch0 Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 823, filed in the County of San Diego; and a
portion of fractional section 20 Tl2S, R4W; and Map No. 2013,
in the City of Carlsbad, filed in the County of San Diego, State
of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibit(s) “A” - “V” dated August 15, 2001, on file in the Carlsbad
Planning Department, CARLSBAD WATER RECYCLING FACILITY - CUP 99-23, as
provided by Chapter 21.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of August 2001, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, ,BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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W
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD WATER RECYCLING FACILITY - CUP 99-23,
based on the following findings and subject to the following conditions:
Findinps:
1.
a.
b.
C.
d.
e.
f.
g-
The Planning Director has determined that the project is a project (Encina Basin
Water Reclamation Program Phase II - EIA 99-09) for which a Mitigated
Negative Declaration was previously adopted.
This project is consistent with the project cited (Encina Basin Water Reclamation
Program Phase II - EIA 99-09) above.
Mitigated Negative Declaration EIA 99-09 was adopted in connection with the
prior project or plan.
The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration.
None of the circumstances requiring a Subsequent Mitigated Negative Declaration
under CEQA Guidelines Section 15 163 exist.
The Planning Commission finds that all feasible mitigation measures identified in
the Mitigated Negative Declaration EIA 99-09 which are appropriate to this
Subsequent Project have been incorporated into this Subsequent Project.
The mitigation measures included in the Mitigated Negative Declaration as
amended by the Addendum dated August 15,200l for this project are equivalent
in mitigating or avoiding potential significant effects to the original mitigation
measures and will not, in themselves, cause any potentially significant effect on
the environment.
2. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 22 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
3. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that a) the proposed use is desirable for the development of
the community in that it will reduce reliance on potable water for secondary water
uses and assist in water conservation; b) the use is an allowed use on the site which
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4.
5.
6.
7.
8.
is designated for PI/O (Planned IndustriaYOffrce) uses; and c) the proposed use will
not be detrimental to surrounding uses in that it will be adequately screened from
view and will not generate unacceptable odors, noise or other unacceptable impacts.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the use can be contained within the site while providing all required setbacks
and landscaping.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that a) the project will provide all required yards,
including a 50’ front yard setback from Avenida Encinas; b) the setbacks will be
fully landscaped; and c) the proposed security fence on the interior of the site will be
a maximum of 6’ in height as limited by the Municipal Code.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site will be served by a secondary arterial
roadway which can easily accommodate the anticipated traffic generated by the
project (87 ADT), and all required parking for the project will be provided on site.
This approval is granted subject to the approval of CDP 99-45 and all findings
contained in Planning Commission Resolution No. 5038 for that approval are
incorporated herein by reference.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Planning
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
General
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
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2.
3.
4.
5.
6.
7.
8.
9.
10.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer shall implement, or cause the implementation of, the ENCINA BASIN
WATER RECLAMATION PROGRAM PHASE II (EIA 99-09) Project Mitigation
Monitoring and Reporting Program as modified by the Addendum dated August 15,
2001.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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11.
12.
13.
This approval is granted subject to the approval of CDP 99-45 and MS 01-09, and is
subject to all conditions contained in Planning Commission Resolution No. 5038 for
CDP 99-45 and to the conditions of approval for MS 01-09.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Administrative
14. Approval is granted for CUP 99-23 as shown on Exhibits “A” - “V”, dated August 15,
2001, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
Housing (Non-Residential)
15. The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Landscape
16. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on tile in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
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Miscellaneous
18.
a. This Conditional Use Permit shall be reviewed by the Planning Director on a
yearly basis to determine if all conditions of this permit have been met and that
the use does not have a substantial negative effect on surrounding properties or
the public health and welfare. If the Planning Director determines that the use has
such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
b. This Conditional Use Permit is granted. This permit may be revoked at any
time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met.
19. The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
20. Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Enpineering
General
22. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
23. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
Grading
24. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
25. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map that represents both the pre and post site grading. The plan shall be signed
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by both the soils engineer and the engineering geologist, and shall be submitted on a 24”
x 36” mylar or similar drafting film format suitable for a permanent record.
26. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
Dedications & Improvements
27. Developer shall submit for, process and obtain approval of a street vacation to
extinguish the existing rights-of-way that currently traverse the property. These
public streets were dedicated by a previous map, but were never improved and have
not been used by the general public.
28. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
Site Plan. The offer shall be made on the final parcel map or by separate recorded
document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
29. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to issuance of
any grading or building permit.
30. Developer shall install public improvements shown on the Site Plan and the following
improvements including, but not limited to: paving, base, sidewalks, curbs and gutters,
signing and striping, traffic control, grading, clearing and grubbing, under-grounding
or relocation of utilities, installation of sewer, water, fire hydrants, street lights, retaining
walls and reclaimed water. All improvements shall be constructed to City Standards
and to the satisfaction of the City Engineer. The improvements are to:
a. Widen Avenida Encinas along project frontage to a paved width of 32-
feet from centerline to face-of-curb. Avenida Encinas shall be improved
as a secondary arterial per City Standards.
b. Install parkway landscaping along frontage of Avenida Encinas.
31. Avenida Encinas shall be dedicated by Owner along the project frontage based on a
centerline to right-of-way width of 42-feet and in conformance with City of Carlsbad
Standards.
32. Developer shall underground all existing overhead utilities along the project boundary.
33. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6-
hours and 24-hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
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conditions. Both 6-hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
34. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System QVPDES) permit. Developer shall provide improvements
constructed pursuant to best management practices as referenced in the “California Storm
Water Best Management Practices Handbook” to reduce surface pollutants to an
acceptable level prior to discharge to sensitive areas. Plans for such improvements shall
be submitted to and subject to the approval of the City Engineer. Said plans shall include
but not be limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a ‘Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the SWPPP shall:
a. Identify existing and post-development on-site pollutants.
b. Recommend source control Best Management Practices (BMPs) to filter
said pollutants.
c. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education
on the proper procedures for handling clean up and disposal of
pollutants.
d. Ensure long-term maintenance of all post construct BMPs in perpetuity.
e. Identify how post-development runoff rates and velocities from the site
will not exceed the pre-development runoff rates and velocities for a lo-
year 6-hour event. If maintaining post-development rates at pre-
development levels cannot be achieved, adequate justification, subject to
the City Engineer’s approval, must be provided.
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36.
37.
Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall design and obtain approval of the City Engineer, for the structural section for the
access aisles with a traffic index of 5.0 in accordance with City Standards due to truck
access through the parking area and/or aisles with an ADT greater than 500. The
structural pavement design of the aisle ways shall be submitted together with required R-
value soil test information and approved by the City Engineer as part of the building or
grading plan review whichever occurs first.
Developer shall incorporate into the grading/improvement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Carlsbad Municipal Water District
38.
39.
40.
41.
42.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Developer shall pay all fees, deposits, and charges for connection to public facilities.
Developer shall pay the San Dieno Countv Water Authority capacitv charge(s) prior to
issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
43. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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NOTICE
2
3 Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
4 “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of August 2001 by the
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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following vote, to wit:
AYES:
NOES:
Commissioners Baker, Compas, Heineman, Nielsen and Trigas
19 II ABSENT: Chairperson Segall and Commissioner L’Heureux
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ABSTAIN:
ii
CARLSBAD PLANNING COMMISSION
ATTEST:
26
27 h4m-m~ J. WLZ&LER
28 Planning Director
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