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HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 61691 PLANNING COMMISSION RESOLUTION NO. 6169 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT 4 CDP04-19(A) TO ALLOW CONSTRUCTION OF NEW 5 BIOSOLIDS HANDLING (HEAT DRYING) FACILITIES, NEW AIR EMISSIONS/AIR QUALITY FACILITIES, RELOCATED 6 CHEMICAL STORAGE FACILITIES, UPGRADES TO ENERGY COGENERATION FACILITIES, AND OTHER 7 MINOR MODIFICATIONS AT THE ENCINA WASTEWATER POLLUTION CONTROL FACILITY ON PROPERTY 8 GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA 9 ENCINAS BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT 10 ZONES. CASE NAME: EWA HEAT-DRY 11 CASE NO.: CDP04-19(A) 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 1 - 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 verified application constitutes a request for a Coastal 19 Development Permit Amendment as shown on Exhibits "A" - "S" dated September 6,2006, on 20 file in the Planning Department, EWA HEAT-DRY - CDP 04-19(A), as provided by Chapter 22 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 6th day of September, 2006, 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad 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 APPROVES EWA HEAT-DRY - CDP 04-19(A) based on the following findings and subject to the following conditions: Findings; ° 1. That the proposed development is in conformance with the Certified Local Coastal n Program and all applicable policies in that the project site is a fully developed wastewater treatment and disposal facility which contains no agricultural lands, 10 slopes, scenic resources, sensitive (or other) resources, provides no shoreline access or recreational opportunities, and is sufficiently geologically stable to accommodate the proposed development. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site is on the east side of Avenida Encinas and, therefore, does not currently and has not previously provided public access or 14 served as a recreational opportunity site. 15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 17 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 18 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 20 Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 22 commencement of construction 23 l. 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 25 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 26 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 2g or a successor in interest by the City's approval of this Coastal Development Permit Amendment. PCRESONO. 6169 -2- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Coastal Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on 3 the project. Development shall occur substantially as shown on 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 6 regulations in effect at the time of commencement of construction. 4. 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 9 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 10 all requirements of law. 5. This approval is granted subject to the approval of PDF 1(H) and is subject to all 12 conditions contained in Planning Commission Resolution No. 6168 for those other approvals incorporated herein by reference. 13 6. The applicant shall commence construction for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section j 5 21.201.210 of the Zoning Ordinance. 16 NOTICE 17 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." 19 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 22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 23 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, 25 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 26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired.27 V 28 PCRESONO. 6169 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 6th day of September, 2006, by the 3 following vote, to wit:4 ^ AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton 6 NOES: 7 _ ABSENT:o 9 ABSTAIN: 10 11 12 13 MARTELL B. MONTfbMERYMairperson CARLSBAD PLANNING COMMISSION 14 " 15 ATTEST: 16 17 n DONNEUI O Assistant Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6169 -4-