HomeMy WebLinkAbout2001-08-15; Planning Commission; Resolution 50381
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~ PLANNING COMMISSION RESOLUTION NO. 5038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT CDP 99-45 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.: CDP 99-45
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 T12S, 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 Coastal
Development Permit as shown on Exhibits “A” - “V” dated August 15, 2001, on tile in the
Planning Department, CARLSBAD WATER RECYCLING FACILITY - CDP 99-45 as
provided by Chapter 21.201.040 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 CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD WATER RECYCLING FACILITY - CDP 99-45
based on the following findings and subject to the following conditions:
Findiws:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the applicant has been conditioned to pay
an agricultural conversion fee for the conversion on non-prime farm lands, and the
site contains no sensitive resources or slopes to be protected, and the site is not
located along the shoreline and does not provide any shoreline access or shoreline
recreation.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located along the shoreline and thus does not
provide any public access to the shoreline and does not provide any coastal
recreational opportunities.
3. This approval is granted subject to the approval of CUP 99-23 and all findings
contained in Planning Commission Resolution No. 5037 for that approval are
incorporated herein by reference.
Conditions:
Planning
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development 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.
3. 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.
PC RESO NO. 5038 -2-
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4.
5.
6.
7.
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.
This approval is granted subject to the approval of CUP 99-23 and MS 01-09 and is
subject to all conditions contained in Planning Commission Resolution No. 5037 for
CUP 99-23 and to the conditions of approval for MS 01-09.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.2 10 of the Zoning Ordinance.
The applicant shall pay an agricultural conversion fee, in an amount to be calculated by
the Planning Director, as part of the city’s Agricultural Land Conversion Mitigation
program.
Engineering
8. All construction activities shall be planned in phases so that grading can be completed by
October 1 st. Grading activities shall be limited to the “dry season”, April 1 st to October
1st of each year. Grading activities may be extended to November 15th upon written
approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1st.
NOTICE
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
“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.
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.
PC RESO NO. 5038 -3-
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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
following vote, to wit:
AYES: Commissioners Baker, Compas, Heineman, Nielsen and Trigas
NOES:
ABSENT: Chairperson Segall and Commissioner L’Heureux
ABSTAIN:
LL
SEENA TRIGAS, Vice-Ckrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 5038 -4-