HomeMy WebLinkAbout1990-07-18; Planning Commission; Resolution 3073& - ll e 0
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PLANNING COMMISSION RESOLUTION NO. 3073
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
A SPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF
BATIQUITOS LAGOON ENHANCEMENT PROJECT ON PROPERTY
LOCATED EAST OF THE PACIFIC OCEAN, NORTH OF LA COSTA
AVENUE, WEST OF EL CAMINO REAL, AND SOUTH OF THE
NORTHERN SHORE OF THE LAGOON.
CASE NAME: BATIQUITOS LAGOON ENHANCEMENT PROJECT
CASE NO: SUP 90-9
WHEREAS, a verified application for certain property, to wit:
Batiquitos Lagoon as bounded by El Camino Real on the ea
Costa Avenue and the shoreline on the south, the shoreline c
north and the Pacific Ocean on the west.
has been filed with the City of Carlsbad, and referred to the Planning Commission;
WHEREAS, said application constitutes a request as provided by Ti
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 18th day of July,
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tf
arguments, if any, of all persons desiring to be heard, said Commission considerc
relating to the Special Use Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
selection of Mitigated Alternative B identified in EIR 86-5 including the dis~
that incorporates overdredging the central basin and APPROVAL of SUP 90 the following findings and subject to the following conditions:
Findinxs:
1. The proposed project does not adversely affect the canying capacity of are<
flood hazard. In fact, the project enhances the capability of the lagoon area I
fresh and salt water.
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2. All necessary state and federal pennits will be applied for and obtained upon
the project by the City.
3. The proposed enhancement is consistent with the intent and purpose of Ch; of the Carlsbad Municipal Code because the dredging reduces the potenti
flood hazard in the lagoon floodplain.
4. The proposed enhancement is consistent with the various elements of the (
because it provides for the preservation of natural resources in and around th
it follows the intent of the Pacific Rim Country Club and Resort Master Plan b
the odor and ensuring year round water levels.
5. The Planning Commission, having reviewed and considered the information
EIFVEIS 86-5 including public testimony and the public record find that chang
incorporated into the project either by redesign or as conditions which mitig
or substantially lessen the significant environmental impacts thereof, except fc
construction related impacts to benthic biology, water quality and recreatia
6. That no feasible measures have been identified that would avoid or further :
impacts identified in Finding No. 5 above other than the selection of either tl
these altematives are environmentally inferior to Mitigated Mtmtive €3. or the managed water level (Alternative F) Alternatives, and it has been det
7. Pursuant to Public Resources Code Section 21081 (0. The Planning Commissj
the impacts identified in Finding No. 5 above adopt a statement a
consideration as follows:
A. Biology - That, the unavoidable short-term loss of existing benthic
overridden by the long-term project benefit of replacement of the
marine resources which would establish following tidal restoration.
B. Water Quality - That, the unavoidable short-term impacts to water q
the lagoon during project construction,/dredging, is overridden by t
project benefits of enhanced water quality following tidal restoratic
C. Recreation - That, the unavoidable, short-term impacts to recreatior
beach during construction/beach nourishment, is overridden by the i
the lagoon enhancement and the longer term benefits of increased
opportunities due to beach nourishmenL
Conditions
1. All conditions of EIR 86-5, Resolution No. 3072 are incorporated herein '
Refer to these documents for all conditions and mitigation measures i
development of the Batiquitos Lagoon Enhancement Project.
2. A grading permit shall be obtained prior to the commencement of any clea
or dredging at the project site.
PC RES0 NO. 3073 -2-
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3. An encroachment permit shallbe obtained prior to the commencement of any
on City property.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Corn
City of Carlsbad, California, held on the 18th day of July, 1990, by the following v
AYES: Chairperson Schramm, Commissioners: McFadden, Erwin
NOES: Commissioners: Hall, Marcus & Schlehuber.
Holmes .
ABSENT: None.
ABSTAIN: None.
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1 SHARON SCHRA", Chairperson
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CARLSBAD PLANNING COMMISSIOI
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ATTEST:
PLANNING DIRECTOR
PC RES0 NO. 3073 -3-