HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54431
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PLANNING COMMISSION RESOLUTION NO. 5443
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT AND
OPERATE A RECYCLED WATER PUMP STATION AND THE
THREE EXISTING WATER TANKS ON PROPERTY
GENERALLY LOCATED SOUTH OF POINSETTIA LANE ON
THE EAST SIDE OF BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASENAME: TWIN D RECYCLED WATER PUMP
STATION
CASE NO.: CUP 03-15
WHEREAS, the City of Carlsbad Municipal Water District, “Owner/
Developer,” has filed a verified application with the City of Carlsbad regarding property
described as
Parcels 1, 2 and 3 of Deed Document No. 116507, filed in the
Office of the County Recorder of San Diego County, State of
California on July 21,1958
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “F” dated October 1,2003, on file in the Carlsbad Planning
Department, TWIN D RECYCLED WATER PUMP STATION - CUP 03-15 provided by
Chapter 21.42 and/or 21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of October 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 Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
APPROVES TWIN D RECYCLED WATER PUMP STATION - CUP 03-15,
FindinPs:
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 4.4-acre site currently accommodates a large (8.5
million gallon) potable water tank, two 1.25 million gallon recycled water tanks, a
chlorine storage and injection facility, and a pressure reducing station. The
proposed recycled water pump station in addition to the existing facilities onsite
(two 1.25 MG recycled water tanks, one 8.5 MG potable water tank and chlorine
scrubber facility) will increase the efficiency of water delivery services within the
city, including reclaimed water services.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site has adequate space for the location, operation and screening of the
proposed 792 square foot, 17.5-foot tall pump station and related surge tank which
will be 8 feet in diameter and 20 feet long without affecting the existing onsite water
tanks.
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 site can accommodate the split block wall
designed pump station structure, surge tank and ornamental landscaping for
screening purposes.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Black Rail Road is a public street that will be
able to handle the traffic involved with this project since only Water District
personnel can access the locked and secured site. Traffic will be limited to City and
Water District staff.
The Planning Commission of the City of Carlsbad does hereby find:
a. it had reviewed, analyzed and considered the Negative Declaration and the
environmental impacts therein identified for this project and any comments thereon
prior to RECOMMENDING APPROVAL of the project; and
b. the Negative Declaration has been prepared in accordance with requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
PC RES0 NO. 5443 -2-
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c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part II and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
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.
6.
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 hrther 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 03-15 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 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.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
PC RES0 NO. 5443 -3-
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7. This approval is granted subject to the approval of ZC 03-07, LCPA 03-08 and CDP 03-
23 and is subject to all conditions contained in Planning Commission Resolutions No.
5470,5471 and 5444 for those other approvals are incorporated herein by reference.
8. 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.
9. Prior to issuance of a building or grading permit, the site’s Agriculture Mitigation
fee shall be paid to the satisfaction of the Planning Director.
Endneering
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Contractor shall apply for and obtain approval from, the City
Engineer for the proposed haul route.
Dedications/Improvements
11. Developer shall install public improvements shown on the site plan and the following
improvements including, but not limited to paving, base, sidewalks, curbs and gutters,
grading, clearing and grubbing, sewer, water, storm drain system, fire hydrants, street
lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the
City Engineer. The improvements are:
a, Black Rail Road to collector street standards.
b. Underground existing overhead utilities along the project frontage.
12. Prior to the approval of the design drawings or the issuance of grading permit or
building permit, whichever occurs first, contractor shall submit for City approval a
“Storm Water Pollution Prevention Plan (SWPP).” The SWPP shall be in compliance
with current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Requirements.
The SWPPP shall address measures to reduce to the maximum extent practicable storm
water pollutant runoff during construction of the project. At a minimum, the SWPPP
shall:
a. include all content as established by the California Regional Water Quality Control
Board requirements;
b. include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
PC RES0 NO. 5443 -4-
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13.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following
c. recommend source control and treatment control Best Management Practices (BMPs)
that will be implemented with this project to avoid contact or filter said pollutants
from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course; and
d. 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.
Prior to the approval of the design drawings or the issuance of grading permit or
building permit, whichever occurs first, Developer shall submit for City approval a
“Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance
with the City of Carlsbad Standard Urban Runoff Management Plan (SUSMP), Order
2001-01 issued by the San Diego Region of the California Regional Water Quality
Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures
to avoid contact or filter said pollutants from storm water, to the maximum extent
practicable, for the post-construction stage of the project. At a minimum, the SWMP
shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
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14. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following: Developer shall exercise special care during the construction
phase of this project to 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.
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PC RES0 NO. 5443 -5-
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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 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 fees/exactions 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 1st day of October 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, White, and
Whitton
NOES: None
ABSENT: Commissioners Montgomery, Segall, and Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5443 -6-