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-