Loading...
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 11 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 17 WHEREAS, said verified application constitutes a request for a Hillside 18 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 24 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 25 conducted a public hearing and recommended approval of the project and 26 27 recommendation of adoption of the MND/MMRP; and 28 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 4 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 10 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 17 schedule the application and revised MND/MMRP for a new hearing by the Planning 18 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 24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 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. 10 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. 24 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. 13 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. 18 . 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). 3 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. 7 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: 13 14 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 15 Scully, Schumacher and Siekmann 16 NOES: 17 ABSENT: 18 ABSTAIN: 19" 20 STEPHEN^'HAP" L^HELJREtJX, Chairperson 22 CARLSBAD PLANNING COMMISSION 23 ATTEST: 25 26 DON NEU Planning Director27 28 PCRESONO. 6821 -5-