HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57291
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PLANNING COMMISSION RESOLUTION NO. 5729
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT
OF TWO WATER PUMP STATIONS ON PROPERTY
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
EL CAMINO REAL AND PALOMAR AIRPORT ROAD IN
LOCAL FACILITIES MANAGEMENT ZONE 17
CASE NAME: BRESSI PUMP STATIONS
CASE NO.: CUP 04- 16
WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Bressi Ranch
Development, LLC, “Owner,” described as
an approximately 0.27-acre easement within APN 213-120-03
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “G” dated October 6, 2004, on file in the Planning
Department, BRESSI PUMP STATIONS - CUP 04-16, as provided by Chapter 21.42 and/or
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of October, 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI PUMP STATIONS - CUP 04-16, based on the following
findings and subject to the following conditions:
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Findings:
1.
2.
3.
4.
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 proposed use is necessary to continue to provide
adequate and timely public facilities and services, and the proposed use is consistent
with the PI General Plan designation on the site, and the proposed use has been
designed to be compatible with the surrounding uses and conditions.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the shape and size of the project site were created out of the underlying lot in
direct response to the project design requirements.
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 no yards, setbacks, walls, fences or other features are
required to screen the proposed subterranean facility, and landscaping and an entry
treatment will be installed and maintained by the developer of the underlying lot
when those designs have been completed and approved.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will take access from a future
parking lot of the future industrial lot and the project will generate only
approximately one trip per day.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to City
acceptance of public improvements.
Planning
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 Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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. 5729 -2-
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3.
4.
5.
6.
7.
8.
9.
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.
This approval is granted subject to the approval of SUP 04-08 and is subject to all
conditions contained in Planning Commission Resolution No. 5730 for those other
approvals incorporated herein by reference.
Developer shall submit to the 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 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This Conditional Use Permit is granted for for as long as the facility is in use. This
permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met.
Immediately upon completion of construction Developer (Carlsbad Municipal
Water District) shall install planting materials to screen the above-grade elements of
the pump facility (including the SDG&E transformers/circuit-breakers and service
meters) to the satisfaction of the Planning Director.
Engineering
General
10. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
1 1. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
12. Developer shall obtain an access easement across the adjacent property to serve this
project.
Dedications/Improvements
PC RES0 NO. 5729 -3-
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13.
14.
15.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer.
Developer shall prepare a “Storm Water Pollution Prevention Plan (SWPPP).” The
SWPPP 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.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
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
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.
d.
Developer shall prepare a “Storm Water Management Plan (SWMP).” The SWMP shall
demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation
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.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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;
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;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
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.
d.
e.
f.
Water
16.
PC RES0 NO. 5729 -4-
Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
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hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
- Fire
17. The access road to the site shall be designed to accommodate emergency vehicles in
excess of 60,000 GVW, and have an all weather surface of either asphalt or concrete.
Code Reminders
18. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. 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 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.
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PC RES0 NO. 5729 -5-
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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 6th day of October, 2004 by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez,
Montgomery, and Segall
NOES:
ABSENT: Chairperson Whitton and Commissioner Heineman
ABSTAIN. 3 JU IE B R, Vice Chaimerson
C- PLANNING COMMISSION
ATTEST:
MICHAEL J. HOMMI~LER
Planning Director
PC RES0 NO. 5729 -6-