HomeMy WebLinkAbout2003-04-16; Planning Commission; Resolution 54031
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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-
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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-
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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 -
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7.
8.
9.
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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-
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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-