HomeMy WebLinkAbout2003-04-16; Planning Commission; Resolution 54041
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PLANNING COMMISSION RESOLUTION NO. 5404
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
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.: CDP 02-30
WHEREAS, the Leucadia County Water District, “Developer’T’Owner,” filed
DEVELOPMENT PERMIT CDP 02-30 ON PROPERTY
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 Coastal
Development Permit as shown on Exhibits “A” - “E” dated April 16, 2003, on file in the
Planning Department, BATIQUITOS LAGOON PUMP STATION IMPROVEMENTS
CDP 02-30, as provided by Chapter 21.201.040 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 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BATIQUITOS LAGOON PUMP STATION IMPROVE-
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MENTS - CDP 02-30, based on the following findings and subject to the
following conditions:
FindinPs:
1.
2.
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that these improvements bring the pump station
up to current public health, safety and welfare standards by providing a fourth
pump for redundancy so that two pumps will always be available. In addition,
visual upgrades are proposed for the site. These improvements will not affect any
coastal land use designations, coastal resource policies and/or shoreline access
provisions.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project will not impact any current or future public
access ways or provisions.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City’s
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (KJRMP) to avoid increased urban run off, pollutants and soil erosion. No steep
slopes or native vegetation are located on the subject property and the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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
fbture 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.
PC RES0 NO. 5404 2
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2.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit (CDP) 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.
DeveloperDperator shall and does hereby agree to indemniQ, 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 CDP, (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.
Developer shall submit to Planning Director a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance ’of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified 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 9 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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 approval is granted subject to the approval of CUP 02-15 and is subject to all
conditions contained in Planning Commission Resolution No. 5403 for that other
approval is incorporated herein by reference.
PC RES0 NO. 5404 3
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11.
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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.
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, notifjmg 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.
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 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. 5404 4
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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 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
Chairperson
AD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5404 5