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HomeMy WebLinkAbout2003-04-16; Planning Commission; Resolution 54031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5403 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW IMPROVEMENTS TO THE EXISTING BATIQUITOS LAGOON PUMP STATION ON PROPERTY GENERALLY LOCATED EAST OF CARLSBAD BOULEVARD, SOUTH OF THE BATIQUITOS LAGOON ENTRANCE IN LOCAL FACILITIES MANAGEMENT ZONE 9, IN THE CITY’S COASTAL ZONE. CASE NAME: BATIQUITOS LAGOON PUMP STATION CASE NO.: CUP 02-15 WHEREAS, the Leucadia County Water District, “Developer”/”Owner” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots 19 and 20 in Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, 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 Exhibits “A” - “E” dated April 16, 2003, on file in the Carlsbad Planning Department, BATIQUITOS LAGOON PUMP STATION IMPROVEMENTS - CUP 02-15, as provided by Chapter 21.42 andor 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of April, 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. B) That based on the evidence presented at the public hearing, the Commission APPROVES BATIQUITOS LAGOON PUMP STATION IMPROVE- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MENTS - CUP 02-15, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 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 the proposed improvements will not increase the capacity of the existing pump station nor expand the area occupied by the pump station. The improvements involve visually upgrading the site, and adding odor control structures and features. They also involve the addition of a fourth pump to the station, which was designed to accommodate a fourth pump when originally constructed. This will allow for two pumps to always be available and brings the pump station up to current public health, safety and welfare standards. That the site for the intended use is adequate in size and shape to accommodate the use, in that the station was originally constructed to accommodate a fourth pump for redundancy reasons so these improvements will not increase the sewage treatment capacity of the site. The site’s current size and configuration can accommodate all of the proposed improvements without expanding the area or sewer capacity of this pump station. 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 the proposed improvements are designed and intended to enhance long-term compatibility with surrounding uses. The increased landscaping and visual upgrades to the site will enhance the aesthetics of this section of Carlsbad Boulevard, a scenic coastal transportation corridor in the City. Also, odor control structures and features, and the exclusive use of native plants for site landscaping are additional features that will be provided and maintained with the proposed improvements. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the site currently accommodates the parking of four service trucks. These spaces will remain onsite and since no site expansion or sewer capacity increases are associated with this request, there will not be an increase in parking needs. The general public does not conduct business at this site and therefore additional parking is not required with these improvements. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15302 (c) (Class 2 Replace- ment or Reconstruction or existing utility systems and/or facilities involving negligible or no expansion of capacity) of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. PC RES0 NO. 5403 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 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: Note: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 02-15 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/Operator shall and does hereby agree to indemnifl, 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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. PC RES0 NO. 5403 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. Developer shall submit to Planning Director a reproducible 24” x 36,” mylar copy of the Site Plan and Landscape Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permit. 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. This Conditional Use Permit shall be reviewed by the Planning Director annually 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. This approval is granted subject to the approval of CDP 02-30 and is subject to all conditions contained in Planning Commission Resolution No. 5404 for that other approval, incorporated herein by reference. Prior to the issuance of building permits, the property owner shall enter into an encroachment agreement with the City of Carlsbad for the fence, retaining wall, landscaping, and other facilities or improvements proposed within the public right- of-way. The encroachment agreement shall be subject to the approval of the City Engineer. Prior to the issuance of the building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and a Coastal Development Permit by Resolutions No. 5403 and 5404 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permits, latest version. PC RES0 NO. 5403 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of April, 2003 by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None ATTEST: c MICHAEL J. H‘&ZM~LER Planning Director PC RES0 NO. 5403 -5-