HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55391
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PLANNING COMMISSION RESOLUTION NO. 5539
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
EXPANSION AND CONTINUED OPERATION OF THE
QUARTERS AND OPERATIONS YARD ON PROPERTY
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
OLIVENHAIN ROAD AND RANCHO SANTA FE ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 1 1.
CASE NAME: OMWD CAMPUS PLAN
DEVELOPMENT PLAN SDP 03-01 TO ALLOW THE
OLIVENHAIN MUNICIPAL WATER DISTRICT HEAD-
CASE NO.: SDP 02-01
WHEREAS, Olivenhain Municipal Water District, “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Portion of Lots 10 and 13 of the Subdivision of Rancho Las
Encinitas, according to Map No. 848, filed in the Office of the
County Recorder of the County of San Diego on June 27,1898,
in the City of Carlsbad, County of San Diego, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “KK” dated January 7, 2004, on file in the Planning
Department, OMWD CAMPUS PLAN - SDP 02-01 as provided by Section 21.27.040 and
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of January 2004, 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 Site Development Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES OMWD CAMPUS PLAN - SDP 02-01 based on the
following findings and subject to the following conditions:
Findinw :
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the expansion of the Olivenhain Municipal Water District
headquarters and operations facility is desirable to accommodate the growth in
water demand due to increased population in the area; the proposed water district
headquarters and operations facility is consistent with the Governmental Facilities
land use designation; and the operations facility will be screened from neighboring
residential uses with a solid wall and/or landscaping.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed buildings, parking areas, landscaping, and other features all fit
within the existing site without the need for expansion of property boundaries or
variances for reduced setbacks from property lines.
3. That all 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 can accommodate a
screening wall with landscaping along the southern property boundary to screen the
operations facility from nearby residential uses.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will generate 600 average daily
traffic trips and the project site is served by Rancho Santa Fe Road, a secondary
arterial with a capacity of up to 20,000 average daily traffic trips, and Olivenhain
Road, a prime arterial with a capacity of 40,000 or more average daily traffic trips.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading
permit or building permit, whichever occurs first.
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
PC RES0 NO. 5539 -2-
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Pian.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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 indemnify, 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 Site Development Plan, (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.
This approval is granted subject to the approval of SP 196(A), CUP 02-01, and SUP 03-
01 is subject to all conditions contained in Planning Commission Resolutions No. 5537,
5538, and 5540 for those other approvals incorporated herein by reference.
PC RES0 NO. 5539 -3 -
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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 fees/exactions
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 7th day of January 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez,
Heineman, Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
L&Zd
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOBMILLYR
Planning Director
PC RES0 NO. 5539 -4-