HomeMy WebLinkAbout2003-02-19; Planning Commission; Resolution 53451
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PLANNING COMMISSION RESOLUTION NO. 5345
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
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.: CDP 02-22
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
DEVELOPMENT PERMIT CDP 02-22 FOR A SEWAGE LIFT
Lots 82 and 171 of Map No. 14340
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated January 15, 2003, on file in the
Planning Department, CANNON ROAD LIFT STATION - CDP 02-22 as provided by
Chapter 21.201.040 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 CDP.
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 LIFI’ STATION - CDP 02-22 based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that a) the project will have no detrimental effect
on agricultural lands, or water resources or sensitive habitats; b) the project has
been conditioned to comply with all applicable NPDES requirements; c) the project
will not obstruct any protected public views of the Agua Hedionda Lagoon; and d)
the project has been designed to incorporate specific construction methods to ensure
soil stability.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project does not provide any opportunities for shoreline
access or other recreational opportunities.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
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building permit.
This approval is granted subject to the approval of CUP 02-11 and SDP 02-17 and is
subject to all conditions contained in Planning Commission Resolutions No. 5343
(Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program) and 5344 (CUP 02-11) and 5356 (SDP 02-17) for those other approvals
incorporated herein by reference.
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 21.201.210 of the Zoning Ordinance.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. 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 or
beyond upon written approval of the City Engineer and only if all erosion control
measures are in place by October 1st.
If this project receives final approval from the City, and once the Coastal
Commission’s appeal period has expired, a Zone Change for the Local Coastal
Program to ensure consistency with the Local Coastal Plan designation shall be
processed by City staff within ninety days thereafter.
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.”
PC RES0 NO. 5345 -2-
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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 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 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.
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
COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5345 -3-