HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53441
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PLANNING COMMISSION RESOLUTION NO. 5344
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A SEWAGE LIFT
STATION ON PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST SIDE OF CANNON ROAD WEST OF EL
CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME: CANNON ROAD LIFT STATION
CASE NO.: CUP 02-1 1
WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by the City of
Carlsbad, “Owner,” described as
Lots 82 and 171 of Map No. 14340
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “F” dated January 15, 2003, on file in the Carlsbad
Planning Department, CANNON ROAD LIFT STATION - CUP 02-11, as provided by
Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
and on the 19th day of February, 2003, 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:
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 Commission
APPROVES CANNON ROAD LIFT STATION - CUP 02-11, based on the
following findings and subject to the following conditions:
Findinm:
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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 permanent lift station is required by
the City’s Growth Management regulations to ensure that City sewer facilities
continue to meet all facilities requirements; b) the use is allowed by the City’s
General Plan; c) the proposed permanent lift station is a use allowed in the R-3-Q
Zone; d) the proposed facility has been designed to be architecturally compatible
with the homes in the nearby neighborhood; and, e) any effects of the proposed lift
station (odor, noise) which might have made the proposed use detrimental to the
nearby neighborhood have been reduced to an imperceptible level by the inclusion
of odor and noise control equipment incorporated into the design of the lift station.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project site can accommodate the proposed project and its associated access
aisle while preserving all necessary vehicular sight distances along Cannon Road
and providing access for maintenance vehicles.
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 use is consistent with the R-3-Q Zone; b) the
nature of the use makes it exempt from the development standards of the underlying
R-3-Q Zone, as allowed by the Conditional Use Regulations; c) the project will be
set approximately 30’ back from Cannon Road; d) the proposed 24’ high structure
will comply with the 30’ height limitation of the R-3-Q Zone; e) the project will
include a vinyl-coated chain link fence at the sides of the structure for security; f)
the site will be landscaped to screen; and, g) the facility has been designed to
incorporate odor and noise control features.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Cannon Road is a major arterial roadway
which will be able to accommodate up to 40,000 vehicles per day and the proposed
project will generate approximately 1 ADT.
Conditions:
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 modi@ all approvals herein granted; deny or further condition issuance of all
PC RES0 NO. 5344 -2-
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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/Site Development Plan/Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit/Site Development Plan/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.
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.
Developer shall implement, or cause the implementation of, the CUP 02-11/SDP 02-
17/CDP 02-22 Project Mitigation Monitoring and Reporting Program.
Developer shall submit to the Planning Department a reproducible 24” x 36” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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 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 8 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval is granted subject to the approval of SDP 02-17 and CDP 02-22 and is
subject to all conditions contained in Planning Commission Resolutions No. 5343
(Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program), 5356 (SDP 02-17) and 5345 (CDP 02-22) for those other approvals
incorporated herein by reference.
PC RES0 NO. 5344 -3-
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This Conditional Use Permit is granted for as long as the facility is in use. 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.
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.
Approval is granted for CUP 02-11/SDP 02-17ICDP 02-22 as shown on Exhibits “A” -
“F,” dated January 15,2003, on file in the Planning Department and incorporated herein
by reference. Development shall occur substantially as shown unless otherwise noted in
these conditions.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
All lighting shall be low sodium and shall be shielded and directed away from
neighboring residences and the nearby open space areas.
Landscaping materials for this facility shall be in accordance with the following
requirements:
A. Developer shall not use plants that require intensive irrigation, fertilizers, or
pesticides.
B. Native plants shall be used to the greatest extent feasible in areas adjacent to
and/or near mitigatiodopen space areas and/or wetlandhiparian areas.
C. Developer shall not introduce invasive exotic plant species (i.e., those species
listed on Lists A and B of the California Exotic Pest Plant Council’s list of
“Exotic Pest Plants of Greatest Ecological Concern in California as of
October 1999”) to the landscaped areas adjacent to and/or near the
mitigatiodopen space area and/or wetlandhiparian areas.
EnPineerinP:
17. 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.
18. Sight distance corridors at all points of access on Cannon Road shall be installed in
accordance with Engineering Standards.
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Any work proposed offsite may require acquisition of easements. Prior to approval
of any offsite work, evidence of easements or other form of agreement between
property owners shall be provided to the City Engineer.
Upon completion of grading an "as-graded" geologic plan shall be prepared and filed
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 which represents both the pre and post site grading. The plan
shall be signed 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.
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. A grading permit shall be obtained
from the City Engineer prior to issuance of a building permit for the project.
All grading operations shall be performed in conformance with the
recommendations and conclusions as identified in the July 2002 geotechnical report
prepared by Haley & Aldrich, Inc. titled Final Report on Geotechnical
Recommendations for Cannon Road Lift Station.
Prior to any work within the Cannon Road right-of-way, a right-of-way permit shall be
obtained from the City Engineer.
The entire drainage system shall be designed in accordance with the July 2002
drainage report prepared by Project Design Consultants, to ensure that runoff
resulting from 10-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 conditions.
Prior to the issuance of grading permit the applicant shall submit for City approval a
"Storm Water Management Plan (SWMP)." The SWMP shall be in compliance with
current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board. The SWMP 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 Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter said
3) 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.
pollutants.
4) Ensure long-term maintenance of all post construct BMPs in perpetuity.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
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the following:
26. Developer shall exercise special care during th le construction phase of this project t
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.
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 feedexactions. 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 feedexactions
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 feedexactions 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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PC RES0 NO. 5344 -6-
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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 19th day of February, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
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Planning Director
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