HomeMy WebLinkAbout2004-11-17; Planning Commission; Resolution 57931
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PLANNING COMMISSION RESOLUTION NO. 5793
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PRECISE DEVELOPMENT PLAN
AMENDMENT PDP 1(G) ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: BUILDING PROGRAM
CASE NO.: PDP 1(G)
WHEREAS, Encina Wastewater Authority, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Assessor’s Parcel Numbers 214-010-95, 21 1-030-06, and 21 1-
030-08
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Precise
Development Plan Amendment as shown on Exhibits “A” - “V” dated November 17,2004, on
file in the Carlsbad Planning Department, BUILDING PROGRAM - PDP 1(G) as provided by
Chapter 21.36 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November 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 Precise Development Plan Amendment; and
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
RECOMMENDS APPROVAL of PDP 1(G) based on the following findings
and subject to the following conditions:
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1. That the proposed Precise Development Plan Amendment is consistent with the goals and
policies of the various elements of the General Plan, in that the proposed use is a
necessary part of the existing Encina Wastewater Pollution Control Facility campus
and the use is consistent with the Utilities General Plan designation on the property
and the use is necessary to continue to provide a necessary public use (wastewater
treatment) .
2. That the proposed Precise Development Plan is consistent with the public convenience,
necessity and general welfare, and is consistent with sound planning principles in that the
proposed new buildings are necessary to provide sufficient employee work space to
adequately perform the operations and maintenance tasks related to the operation
of the wastewater treatment facility and the proposed construction is consistent with
the Public Utilities General Plan designation and Public Utility zoning on the
property.
3. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4. 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
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: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
Grading Permit.
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 Precise Development Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Precise Development Plan 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RES0 NO. 5793 -2-
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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 Precise Development Plan
Amendment, (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.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered fiom 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.
PC RES0 NO. 5793 -3-
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Prior to the issuance of the Grading Permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Precise Development Plan Amendment and Coastal
Development Permit by Resolutions No. 5793 and 5794 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
Developer shall construct, install and stripe not less than 127 parking spaces, as shown on
Exhibit "C".
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.
This approval is granted subject to the approval of CDP 04-19 and is subject to all
conditions contained in Planning Commission Resolution No. 5794 for those other
approvals incorporated herein by reference.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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.
Upon approval by City Council the setbackdyards, open space, height and bulk of
buildings, fences and walls, landscaping, grading, dedication and improvement
requirements, phasing (if any), points of ingress and egress, and parking proposed
by PDP 1(G) shall be the minimum development standards for PDP 1.
Upon approval by City Council this Precise Development Plan Amendment (PDP
l(G)) site plan shall become the approved site plan for the entire 25.23-acre Encina
Water Pollution Control Facility development and shall supersede all preceding
approvals for PDP 1.
PC RES0 NO. 5793 -4-
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Enpineering:
The term Developer or Contractor shall refer to Agency or District or it’s authorized
representative for this project. The limits of the project relative to these conditions is within the
City Boundary of Carlsbad.
NOTE: Unless specifically stated in the condition, all of the following conditions must be met
prior to approval of a building or grading permit whichever occurs first.
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Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
Developer shall cause Owner to make an irrevocable offer of dedication to the City for all
public streets (Avenida Encinas) as shown on the site plan. The offer shall be made by a
separate document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
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.
This project is required to obtain a Right-of-way Permit prior to the
commencement of any work within the public right-of-way or within a City
easement.
Prior to the issuance of a Right-of-way Permit, the developer shall prepare, process
and receive approval of a Traffic Control Plan to the satisfaction of the City
Engineer. In addition to the Traffic Control Plan, a staging and equipment storage
plan (within the City of Carlsbad) shall be approved by the City Engineer.
Developer/Contractor shall instal1 traffic control devices in accordance with
approved Traffic Control Plan as required.
PC RES0 NO. 5793 -5-
Prior to the issuance of right-of-way or construction permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP)” SPECIFICALLY FOR THIS PROJECT. 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. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of “Notice of Intent” issued by the California Regional
Water Quality Control Board;
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c. 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.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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.
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. 5793 -6-
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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 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 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 17th day of November 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Segall
NOES:
ABSENT:
ABSTAIN:
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ARANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Planning Director
PC RES0 NO. 5793 -7-