HomeMy WebLinkAbout2005-08-03; Planning Commission; Resolution 59311
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PLANNING COMMISSION RESOLUTION NO. 5931
A RESOLUTION OF THE PLA”G COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
OPERATION OF THE EXISTING BUENA VISTA PUMP
STATION LOCATED ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF JEFFERSON STREET,
SOUTH OF HIGHWAY 78 IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BUENA VISTA PUMP STATION
CASE NO.: CUP 05-1 1
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Lot 32 of Hosp Eucalyptus Forest Tract No. 1
according to Map No. 1136, as recorded in the office of the San
Diego Recorder on June 8,1908
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - ‘‘K” dated October 7, 1992, on file in the Planning
Department, BUENA VISTA PUMP STATION - CUP 05-1 1 as provided by Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of August 2005, 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; and
WHEREAS, on October 7, 1992, the Planning CommissiodCity Council
approved CUP 92-06, as described and conditioned in Planning Commission Resolution No.
3431.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearin Commission
APPROVES BUENA VISTA PUMP STATION - CUP 05-11, based on the
following findings and subject to the following conditions:
th
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. The upgraded pump station increases the station’s pumping
capacity and the upgraded public facility is consistent with Carlsbad’s General
Plan, Land Use Element, and Growth Management and Public Facilities, Goal A.3,
which its purpose is for the City to responsibly deal with the disposal of solid and
liquid waste.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that all previous improvements are easily accommodated on the existing pump
station pad.
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 building and landscaping was designed to
eliminate any offsite impacts to adjacent vacant or non-developable areas.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use. The existing Jefferson Street roadway and existing
access road is adequate to properly handle the maintenance vehicle traffic that is
generated by this project.
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 15301, Existing Facilities,
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.
This project is consistent with the City’s Growth Management Ordinance, as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 1.
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.
PC RES0 NO. 5931 -2-
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Conditions:
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Approval is granted for CUP 05-11 as shown on Exhibits “A” - “K” dated October 7,
1992, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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; record a notice of violation on the
property title; 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 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 fiom 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/Operator shall and does hereby agree to indemnifl, 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, fiom (a) City’s approval and issuance of this Conditional Use Permit, (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.
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PC RES0 NO. 5931 -3 -
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This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan.
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.
This Conditional Use Permit is granted for an unlimited period of time and is
retroactive from October 7, 2002 forward. 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.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
No outdoor storage of material shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
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.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
All tenants shall coordinate efforts to establish 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 the issuance of the Conditional Use Permit, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
PC RES0 NO. 5931 -4-
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satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No.
5931 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 include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall submit to City producible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision making body.
If the property owners’ address changes from that which is shown on the conditional use
permit application, a notice of a change of address shall be reported, in writing, to the
Planning Department within 30 days.
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 fiom 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.
PC RES0 NO. 5931 -5-
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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 3rd day of August 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: Q4zc JEFFRE EGALL, rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5931 -6-