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HomeMy WebLinkAbout2003-10-01; Planning Commission; Resolution 54441 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. 5444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL 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. CASE NAME: TWIN D RECYCLED WATER PUMP DEVELOPMENT PERMIT CDP 03-23 TO CONSTRUCT AND STATION CASE NO.: CDP 03-23 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 Coastal Development Permit as shown on Exhibits “A” - “F” dated October 1, 2003, on file in the Planning Department, TWIN D RECYCLED WATER PUMP STATION - CDP 03-23, as provided by Chapter 21.201.040 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 Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 23, based on the following findings and subject to the following conditions: APPROVES of TWIN D RECYCLED WATER PUMP STATION - CDP 03- Findinm: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed recycled water pump station will facilitate the City’s delivery of reclaimed water in the future, at a site that currently contains a large (8.5 million gallon) potable water tank and two 1.25 million gallon recycled water tanks. This site, including the proposed recycled water pump station, will assist the city in providing recycled and potable water sources in an efficient manner, within the City’s Coastal Zone. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not adjacent to any coastal resources or shoreline access opportunities. The site is already graded and in use for other Water District functions such as water storage. 3. 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: 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 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit, CDP 03-23 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. PC RES0 NO. 5444 -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 3. 4. 5. 6. 7. 8. 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. This approval is granted subject to the approval of ZC 03-07, LCPA 03-08 and CUP 03- 15 and is subject to all conditions contained in Planning Commission Resolutions No. 5470,5471 and 5443 for that other approval is 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. 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. ... PC RES0 NO. 5444 -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 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: ABSTAIN: None Commissioners Montgomery, Segall, and Dominguez R, Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOL-ILLEK Planning Director PC RES0 NO. 5444 -4-