HomeMy WebLinkAbout2004-10-06; Planning Commission; Resolution 57301
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PLANNING COMMISSION RESOLUTION NO. 5730
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC
CORRIDOR SPECIAL 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: SUP 04-08
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 Scenic Corridor
Special Use Permit as shown on Exhibits “A” - “G” dated October 6, 2004, on file in the
Planning Department BRESSI PUMP STATIONS - SUP 04-08, as provided by Chapter 21.40
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 Scenic Corridor Special Use Permit;
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 - SUP 04-08, based on the following
findings and subject to the following conditions:
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Findings:
1. The proposed project conforms to the inten. of the Scenic Preserva ion Overlay in that a)
the project does not propose any sidewalks, street furniture, or street lighting, b)
does not propose any change to the existing approved grading for the site, and c) is
designed to be subterranean so as to reduce any potentially unsightly appearance at
this highly traveled intersection.
2. The proposed project implements the goals and objectives of the General Plan in that the
proposed project is a necessary part of the City’s potable and recycled water
systems and is consistent with the Planned Industrial (PI) General Plan designation
on the project site.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. This approval is granted subject to the approval of CUP 04-16 and is subject to all
conditions contained in Planning Commission Resolutions No. 5729 for those other
approvals incorporated herein by reference.
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 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 fees/exactions 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. 5730 -2-
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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:
ABSTAIN:
Chairperson Whitton and Commissioner Heineman
JUe Vice Chairperson
C SBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5730 -3 -