HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56281
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PLANNING COMMISSION RESOLUTION NO. 5628
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 ON
PROPERTY GENERALLY LOCATED WEST OF COLLEGE
BOULEVARD, SOUTH OF CARLSBAD VILLAGE DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 7.
CASENAME: CALAVERA RECYCLED WATER PUMP
STATION
CASE NO.: CUP 03-30
WHEREAS, Carlsbad Municipal Water District, “Owner/Developer,” has filed
a verified application with the City of Carlsbad regarding property described as
Lot 118 of CT 01-06, filed in the Office of the County Recorder
of San Diego County, State of California on July 21,2002
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “I” dated May 19, 2004, on file in the Carlsbad Planning
Department, CALAVERA RECYCLED WATER PUMP STATION - CUP 03-30 provided
by Chapter 2 1.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of May 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 Conditional Use Permit.
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.
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B) That based on the evidence presented at the public hearing, the Commission
03-30, based on the following findings and subject to the following conditions:
APPROVES CALAVERA RECYCLED WATER PUMP STATION - CUP
Findings:
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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 .21-acre site is specifically designated for a
recycled water pump station as part of the Village X approvals within the Calavera
Hills Master Plan. The proposed recycled water pump station is part of the new
citywide network and will increase the efficiency of reclaimed water delivery
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, maintenance and
screening of the proposed 704 square foot, 15-foot tall pump station and related
surge tank.
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 pump
station structure, surge tank and ornamental landscaping for screening purposes.
The building will be setback 20 feet from College Boulevard at its closest point; the
site has room for maintenance personnel and vehicles to maneuver onsite; and the
project is compatible with the adjacent Village X residential subdivision, including
architecture and landscaping.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that College Boulevard 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. Site access to College Boulevard
will be in addition to internal site access via Village X, and traffic will be limited to
City and Water District staff.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 15303 - Class 3, New
Construction of Small Structures 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.
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
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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:
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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 03-30 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 7 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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.
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Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
En Pineering
General
13. 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
14. 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, storm drain system, and reclaimed water, to City
Standards to the satisfaction of the City Engineer. The improvements are:
A. Access and utilities fronting College Boulevard.
15. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook'' to reduce surface
pollutants to an acceptable level prior to discharge from the site. Plans for such
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improvements shall be submitted to and subject to the approval of the City Engineer. Said
plans shall include but not be limited to notifjmg station operators of the following:
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Station operators shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste
products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to issuance of a Building Permit, developer shall submit and receive approval
from the City of Carlsbad Engineering Department of a Storm Water Management
Plan (SWMP). This project is required to capture and reduce pollutants to a level of
insignificance. The organization and content of the SWMP shall be prepared in
accordance with the guidelines as established by the San Diego Region of the
California Regional Water Quality Control Board and as modified by the City of
Carlsbad. The SWMP shall address the anticipated pollutants of concern associated
with the project and shall suggest the type(s) of post-construction (source and
structural) Best Management Practices (BMP) required to avoid contact with storm
water of filter pollutants of concern.
Prior to occupancy, Developer shall implement the necessary BMP measures
required to capture and filter the anticipated pollutants of concern associated with
the project in accordance with the City-approved SWMP, the latest California
NPDES permit requirements, and the City of Carlsbad Standard Urban
Stormwater Management Plan.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following
18. 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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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Contractor 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.
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. ...
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PC RES0 NO. 5628 -6-
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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 19th day of May 2004 by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
and Whitton
NOES: None
ABSENT: Commissioners Montgomery and Segall
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOmILm
Planning Director
PC RES0 NO. 5628 -7-