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HomeMy WebLinkAbout1975-09-10; Planning Commission; Resolution 1189s,. -1.- I/ e 0 .I 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 1189 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE APPEAL OF THE NEGATIVE DECLARATION ISSUED BY THE PLANNING DIRECTOR REGARDING A GRADING PERMIT WHICH MOULD ALLOW FOR THE CONSTRUCTION OF A 450,000 BBL FUEL OIL STORAGE TANK AT THE ENCINA POWER PLANT. APPELLANT: CARLSBAD COMMUNITY CAUSE CASE NO. EIA-300 8 ll WHEREAS, the matter of an appeal by the Carlsbad Communit, -11 Cause to consider the negative declaration issued by the Plann 9 10 91 32 13 14 15 Dire.ctor regarding an Environmental Impact Assessment for a grading permit which would allow for the construction of a 450 bbl fuel oil storage tank to be situated on certain property, wi:t: Between the AT&SF RR and Interstate 5 and Cannon Road and the Agua Hedionda Lagoon, more specifically described as part of an approved Specific Plan (SP-144) for SDG&E on file wi-th the City of Carlsbad; 16 Title. 19, Sec. 04.140 of the "Carlsbad Municipal Code"; and 19 WHE.REAS, sai.d appeal constitutes an appeal as provided by 18 Planning Commission; and 17 has been filed with the City of Carlsbad and referred to the 20 W:E.R,EAS-, thk puE:l i:c Keqri'ng was held at the ti.me and in t 21 pla,ce s-peci.Ti:ed in. satd nottce. on September 10, 1975; and 22 NUER,ESA$., at sqFd puF1 i.c Reari'ng, upon hearing and conside 23 26. thk 'appea.1 and found tKe- fol7owing facts and reasons to exist 25 to: €E R:e.qrd, sa,id Commi,s:s.fon considered all factors relating t 24 th-e; te.:sti;vony 4n.d arguments, i'f any, of a1 1 pe.rsons wh.0 desi re denp the: appeal and upKold th.e negative declaration as issued 27 28 29 30 33. 32 thg: Pl ann.tng Dtre-ctor for the f.91 1owi:ng reasons: 1)- "hie. P7.ann.hg Dtrector concurred with the findings of: tEe Feder.al Envtronmental Protection Agency that th-k impacts, af qTr pollution would not be so signi- fitant so qs to cause adverse effects on Air Quality, 2) That th.e frndings of the Regional Coastal Commissi.on and the Public Utilities Commission on the potenti.al impacts on grading, tanker traffic and barge traffic are consistent with the findings of the Planning Director in that the identical impacts would not cause a signifi'cant adverse environmental effect. 11 . ., .Id 1 2 3 4 5 6 7 1) 0 3) That the project will be recessed and surrounded by an earthen berm with appropriate landscaping so as not to cause negative impacts on views from adjoin- ing roadways. 4) That the project will be so constructed so as to minimize and/or negate impact on the surrounding lands including the Agua Hedionda Lagoon. 5) The project meets the criterion for a negative declaration as set forth in the California En- vironmental Quality Act and the Carlsbad Environ- mental Protection Ordinance. 8 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 9 of th.e City of Carlsbad as follows: lo I 11 12 1) That the above recitations are true and correct. 2) That the Planning Commission does hereby deny the appeal as submitted by Carlsbad Community Cause. 13 I/ PA,SSED, APPROVED AND ADOPTED at a regular meeting of the I1 Ci,ty of Carlsbad Planning Commission held on September 10, 197 14 /I by the following vote, to-wit: 15 AYES: Commissi:oners Dominguez, Fikes, Jose, 16 NOES : Commi.ssioner Packard 17 L'Heureux, Watson and Larson 18 19 20 ABSENT: 21 22 A.TTEST: None 23 11 24 25 Donald A,. Agate.p, SeCretary &!& .. L 26 27 28 29 30 31. 32