HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68211 PLANNING COMMISSION RESOLUTION NO. 6821
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR
4 THE SEWER LIFT STATION AND ASSOCIATED PIPING
(SLS) AT THE EXISTING 95-ACRE ENCINA POWER
STATION (EPS), LOCATED AT 4600 CARLSBAD
6 BOULEVARD IN LOCAL FACILITIES MANAGEMENT
ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF
7 CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
EAST OF THE PACIFIC OCEAN, AND WEST OF
8 INTERSTATE 5.
9 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
10 REPLACEMENT PROJECT
CASE NO: HDP 10-05
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WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified
13 application with the City of Carlsbad regarding property described as
14 A portion of the EPS, located north of Cannon Road and west
of Interstate 5 at 4600 Carlsbad Boulevard (identified as
' ^ Assessor's Parcel Number 210-010-41)
16 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Hillside
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Development Permit as shown on Exhibits "A" - "Y" dated October 5, 2011, on file in the
20 Carlsbad Planning Department, AGUA HEDONDA SEWER LIFT STATION, FORCE
21 MAIN, AND GRAVITY SEWER REPLACEMENT - PDF 00-02(C)/SP 144(L)/RP 10-
22 26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03, as provided by Chapter 21.95 of the
23 Carlsbad Municipal Code; and
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WHEREAS, at their meeting on February 2, 2011, the Planning Commission
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conducted a public hearing and recommended approval of the project and
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27 recommendation of adoption of the MND/MMRP; and
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1 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City
2 Council and Housing and Redevelopment Commission conducted a public hearing and
3
received testimony on said project; and
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c WHEREAS, at the request of the Planning Director, the City Council and
5 Housing and Redevelopment Commission continued the public hearing to a date certain, in
7 order for staff to fully respond to written and oral testimony received concerning the
o project and the environmental analysis; and
9 WHEREAS, the City Council and Housing and Redevelopment Commission
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resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to
consider staffs response to previous testimony, and to receive and consider additional
13 testimony; and
14 WHEREAS, the City Council and Housing and Redevelopment Commission
15 remanded the project to the Planning Director to conduct further analysis of the
MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to
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schedule the application and revised MND/MMRP for a new hearing by the Planning
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Commission for a recommendation to the City Council and Housing and Redevelopment
20 Commission; and
21 WHEREAS, the Planning Commission did on October 5, 2011, consider said
22 request; and
23 WHEREAS, at said hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Hillside Development Permit.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission as follows:
A) That the foregoing recitations are true and correct.
PCRESONO. 6821 -2-
1
2 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the Hillside Development Permit, HDP 10-
3 05, for the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN
AND GRAVITY SEWER REPLACEMENT, PDF 00-02(C)/SP 144(L)/RP
4 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 based on the following
<- findings and subject to the following conditions:
6 Findings;
7 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.8
o 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly
identified on the constraints map.
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3. That the development proposal is consistent with the intent, purpose, and requirements of
11 the Hillside Ordinance, Chapter 21.95, in that the SLS structures will be constructed
mostly below the surrounding finish grade level to preserve the natural contours of
the hillside. The large, main lift station will be fitted into the terrain of the site with
13 exterior walls functioning as soil retaining walls, resulting in the facility being
situated mostly below grade, with only the south and western walls being readily
14 visible. The low profile structures will have a flat roof with square and rectangular
shapes architecturally articulated to vary building elevations and facades. The
15 visible portions of the walls of the structures will be accented and shadowed with
,,- textured and geometric patterns and earth tone colors to blend it with the
surrounding hillside. Furthermore, landscaping with native plants will be planted in
17 front of the buildings to soften the structures appearance.
18 4. That the proposed development or grading will not occur in the undevelopable portions
of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code,
in that the project does include grading of a portion of the slope with an inclination
20 of greater than 40 percent; however, per Section 21.53.230 this only applies to
natural slopes and not manufactured slopes. The hillside where the SLS will be
21 constructed was manufactured, which is defined as a man-made slope consisting
wholly or partially of either cut or fill material. As shown on Figure 2 of the
22 Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3,
2009, the lower pad area of the lift station site and adjacent 2:1 slope are
manufactured from fill material that was likely dredged from the lagoon.
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5. That the project design substantially conforms to the intent of the concepts illustrated in
25 the Hillside Development Guidelines Manual, in that the SLS structures will be
constructed mostly below the surrounding finish grade level to preserve the natural
2" contours of the hillside. The low profile structures will have a flat roof with square
27 and rectangular shapes architecturally articulated to vary building elevations and
facades, stained earthtone colors, and landscaping using native plantings to achieve
28 a natural appearance of the hillside.
PCRESONO. 6821 -3-
Conditions;
2 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
3 of a Notice to Proceed or commencement of construction, whichever occurs first.
1. 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
5 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
7 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 Hillside Development Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development 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 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
14 regulations in effect at the time of building permit issuance.
4. This approval is granted subject to the adoption and approval of the Mitigated Negative
,,- Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP
144(L), RP 10-26, CDP 10-17, SUP 10-02, and HMP 05-03 and is subject to all
17 conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819,
6820, 6822 and 6823 for those other approvals incorporated herein by reference.
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. Approval is granted for Hillside Development Permit 10-05 as shown and described in
the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
20 Reporting Program (MMRP) on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise
21 noted in these conditions.
22 6. Developer shall implement, or cause the implementation of, the MND and Project
MMRP.
24 7. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within two (2) years of
25 the final discretionary approval, including the discretionary approvals of the
California Coastal Commission or other agencies.
27 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
28 Site Plan reflecting the conditions approved by the final decision-making body.
PCRESONO. 6821 -4-
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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Code Reminders:4
10. 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
,, with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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11. Approval of this request shall not excuse compliance with all applicable sections of the
8 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
11 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,
12 to wit:
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14
AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
15 Scully, Schumacher and Siekmann
16 NOES:
17 ABSENT:
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ABSTAIN:
19"
20
STEPHEN^'HAP" L^HELJREtJX, Chairperson
22 CARLSBAD PLANNING COMMISSION
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ATTEST:
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26 DON NEU
Planning Director27
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PCRESONO. 6821 -5-