HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 58911 PLANNING COMMISSION RESOLUTION NO. 5891
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 CONSTRUCTION OF AN APPROXIMATELY 480 SQUARE
5 FOOT INTAKE/OUTLET CONTROL BUILDING FOR THE
LAKE CALAVERA RESERVOIR DAM OPERATIONS ON
6 PROPERTY GENERALLY LOCATED APPROXIMATELY 900
TO 1,200 FEET SOUTH OF THE INTERSECTION OF
7 TAMARACK AVENUE AND KNOLLWOOD DRIVE, IN
LOCAL FACILITIES MANAGEMENT ZONE 7.
8 CASE NAME: LAKE CALAVERA RESERVOIR REMEDIAL
9 IMPROVEMENTS
CASE NO.: CUP 04-11
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WHEREAS, Carlsbad Municipal Water District, "Developer/Owner," has filed
, 2 a verified application with the City of Carlsbad regarding property described as
13 A portion of Lots D and L of Rancho Agua Hedionda,
according to Map No. 823, filed in the Office of the County
14 Recorder of San Diego County on May 1, 1915, in the City of
Carlsbad, County of San Diego, State of California
!6 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
18 Permit as shown on Exhibits "A" - "B" dated January 18, 2006, on file in the Planning
19 Department, LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS - CUP
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04-11, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 18th day of January 2006,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES LAKE CALAVERA RESERVOIR REMEDIAL
IMPROVEMENTS - CUP 04-11, based on the following findings and subject to
4 the following conditions:
Findings;
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1. That the requested use is necessary or desirable for the development of the community, is
7 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 control building would house the dam operations
9 equipment for on-site and remote control of the inlet valves; is consistent with the
Open Space land use designation; would generate negligible traffic; and would be
10 located so as to minimize the habitat encroachment to the greatest extent practicable
while maintaining adequate access circulation and setback from the dam structure.
12 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed control building would fit within the confines of the proposed
13 graded pad.
14 3. 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 proposed control building would be located so as
16 to minimize the habitat encroachment to the greatest extent practicable while
maintaining adequate access circulation and setback from the dam structure.
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4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the traffic generated by the proposed use is
19 minimal since the control building is designed to be operated remotely and therefore
would only generate traffic for periodic maintenance and inspection.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
24 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
2/r 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
27 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
28 or a successor in interest by the City's approval of this Conditional Use Permit.
PCRESONO. 5891 -2-
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
2 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
3 shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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<- 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.
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4. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
7 Site Plan reflecting the conditions approved by the final decision making body.
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5. Prior to the issuance of a building permit, the Developer shall provide proof to the
9 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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6. 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
12 Plan prior to the issuance of building permits,
13 7. 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
14 adequate water service and sewer facilities, respectively, are available to the project at the
1, 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.
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8. This Conditional Use Permit shall be reviewed by the Planning Director annually to
17 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
19 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
20 substantial negative effects.
2* 9. This Conditional Use Permit is granted for an unlimited time period. This permit
~~ may be revoked at any time after a public hearing, if it found that the structure has
a substantial detrimental effect on surrounding land uses and the public's health
23 and welfare, or the conditions imposed herein have not been met.
24 10. This approval is granted subject to the approval of the Mitigated Negative Declaration
and HMPP 05-03 and is subject to all conditions contained in Planning Commission
Resolutions No. 5890 and 5892 for that other approval incorporated herein by reference.
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11. All roof appurtenances, including air conditioners, shall be architecturally integrated and
27 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.
PCRESONO. 5891 -3-
12. All exterior lighting shall be designed to reflect downward and avoid any impacts on
2 adjacent homes or property. Security lighting for the control building shall be
activated by a motion sensor.
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13. The exterior wall of the control building shall be sandstone in color in order to
4 blend with the surroundings.
14. The proposed improvements to the spillway shall be in a natural color to blend with
6 the surrounding soils and rock.
14. Any chain link fencing associated with the proposed improvements, including the
fencing surrounding the control building, shall be black in color. The proposed
fencing around the control building shall include horizontal strands of barbed wire
9 on the top of the fence.
10 15. A Dam Operations Plan shall be prepared by the applicant and approved by the
District Engineer and the Wildlife Agencies prior to commencement of construction.
12 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
16 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
I g follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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 fees/exactions of which you have previously been given a
22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO. 5891 -4-
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 18th day of January 2006 by the
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following vote, to wit:4
<- AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall and Whitton
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NOES:
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ABSENT:8
9 ABSTAIN:
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11 MAlfffiS^fe. MONTGOMERY, CJ^frperson
CARLSBAD PLANNING COMMISSION
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ATTEST: x13 T\ —yf
/ fe
14 DONNEU
Assistant Planning Director
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