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HomeMy WebLinkAbout2004-05-19; Planning Commission; Resolution 56281 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. 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. 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 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: 1. 2. 3. 4. 5. 6. 7. 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 PC RES0 NO. 5628 -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 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. 7. 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. PC RES0 NO. 5628 -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 8. 9. 10. 11. 12. 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 PC RES0 NO. 5628 -4- 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 16. 17. 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: A. B. C. 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. PC RES0 NO. 5628 -5- 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 19. 20. 21. 22. 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. ... ... ... ... PC RES0 NO. 5628 -6- 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 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-