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HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 61681 PLANNING COMMISSION RESOLUTION NO. 6168 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PRECISE DEVELOPMENT PLAN 4 AMENDMENT PDF 1(H) TO ALLOW CONSTRUCTION OF - NEW BIOSOLIDS HANDLING (HEAT DRYING) FACILITIES, NEW AIR EMISSIONS/AIR QUALITY FACILITIES, 6 RELOCATED CHEMICAL STORAGE FACILITIES, UPGRADES TO ENERGY COGENERATION FACILITIES, 7 AND OTHER MINOR MODIFICATIONS AT THE ENCINA WASTEWATER POLLUTION CONTROL FACILITY ON 8 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF 9 AVENIDA ENCINAS BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES 10 MANAGEMENT ZONE 3. CASE NAME: EWA HEAT-DRY 11 CASE NO: POP 1(H) 12 WHEREAS, Encina Wastewater Authority, "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Encina Joint Powers 14 Authority, "Owner," described as 16 Assessor's Parcel Numbers 214-010-95, 211-030-06, and 211-030-08 17 ("the Property"); and 18 WHEREAS, said application constitutes a request for a Precise Development Plan 20 Amendment as referenced in Exhibit "X" dated September 6, 2006, and as shown on Exhibits 21 "A" - "S" dated September 6, 2006, attached hereto and on file in the Planning Department, 22 EWA HEAT-DRY - PDF 1(H), as provided by Chapter 21.36 of the Carlsbad Municipal Code; 23 and 24 WHEREAS, the Planning Commission did on the 6th day of September, 2006, 25 hold a duly noticed public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Precise Development Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct.4 <- B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PDF 1(H) - EWA HEAT-DRY based on the 6 following findings and subject to the following conditions: 7 Findings: o 1. That the proposed Precise Development Plan Amendment is consistent with the goals and 9 policies of the various elements of the General Plan, in that the proposed expanded and upgraded facilities and the proposed minor modifications at the existing wastewater 10 treatment use are a necessary part of the Encina Wastewater Pollution Control Facility use and the use is consistent with the Utilities General Plan designation on 11 the property and the use is necessary to continue to provide a necessary public use (wastewater treatment). 13 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 14 the proposed new expanded and upgraded facilities and the proposed minor modifications are necessary to provide sufficient capacity to meet expected wastewater treatment demands through the year 2025 and the existing wastewater jg treatment and disposal facility use is consistent with the Public Utilities General Plan designation and Public Utility zoning on the property. 17 3. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 18 Code Section 14.28.020 and Landscape Manual Section I B). I Q 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 20 Facilities Management Plan for Zone 3, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 21 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 22 facilities; libraries; government administrative facilities; and open space, related to the „ project, will be installed to serve new development prior to or concurrent with need. 24 5. 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 25 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.26 2i Conditions: 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of construction. PCRESONO. 6168 -2- If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 6 or a successor in interest by the City's approval of this Precise Development Plan Amendment. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan Amendment 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. 10 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 commencement of construction. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 . s invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer shall implement, or cause the implementation of, the Encina Water 18 Pollution Control Facility Phase V Expansion Project Mitigation Monitoring and Reporting Program dated June 2004. 20 6. 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 21 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 22 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 nondiscretionary, in connection with the use contemplated herein, and 24 (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 25 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. 27 7. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy 28 of the Precise Development Plan Amendment reflecting the conditions approved by the final decision-making body. PCRESONO. 6168 -3- 8. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 9. This approval is granted subject to the approval of CDP 04-19(A) and is subject to all conditions contained in Planning Commission Resolution No. 6169 for those other - approvals incorporated herein by reference. 6 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 7 11. Prior to the commencement of construction, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction o 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 10 Development Permit Amendment by Resolutions No. 6168 and 6169 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 13 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14 12. Developer shall pay the CFD #1 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 taxes/fees shall be paid at commencement of construction. 17 If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 18 13. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 2Q the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 21 14. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 22 including parking areas. All lighting shall be designed to reflect downward and avoid ,.- any impacts on adjacent homes or property. 24 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning.26 27 16. Developer shall ensure the construction, installation, and striping of not less than 127 parking spaces as shown on the approved site plan for PDP 1(G). 28 PCRESONO. 6168 -4- 17. Developer shall construct and install all landscaping as shown on the approved Final 2 Plans for PDF 1(G), and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 3 18. Upon approval by City Council, the setbacks/yards, open space, height and bulk of 4 buildings, fences and walls, landscaping, grading, dedication and improvement e- requirements, phasing (if any), points of ingress and egress, and parking proposed by PDF 1(H) shall be the minimum development standards for PDF 1. 6 19. Upon approval by City Council, this Precise Development Plan Amendment 7 (PDF 1(H)) 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 PDF 1. 9 Engineering 10 The term Developer or Contractor shall refer to Agency or District or its authorized 11 representative for this project. The limits of the project relative to these conditions is within the City Boundary of Carlsbad. 13 20. 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 14 for the proposed haul route. 15 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to 17 the following: 18 21. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 2Q 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 21 23. Any signs proposed for this development shall at a minimum be designed in conformance 22 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. £J • 24 24. 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 25 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.26 27 25. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of 28 commencement of construction, except as otherwise specifically provided herein. PCRESONO. 6168 -5- 1 NOTICE 2 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." 5 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 6 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 . 1 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 6th day of September, 2006, by the following 15 vote, to wit: 16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 24 ii MARTELL B. MONT€fOMERY|0nairperson 25 CARLSBAD PLANNING COMMISSION 26 27 28 DONNEU Assistant Planning Director PCRESONO. 6168 -6-