HomeMy WebLinkAbout1997-08-20; Planning Commission; Resolution 41491
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PLANNING COMMISSION RESOLUTION NO. 4149
A RESOLUTION OF THE ,PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE ABANDONMENT AND REPLACEMENT OF THE
EXISTING NORTH BATIQUITOS SEWAGE FORCE MAIN
COASTAL DEVELOPMENT PERMIT NO. CDP 96-10 FOR
AND REPLACEMENT OF A WATER MAIN ON PROPERTY
GENERALLY LOCATED NORTH OF BATIQUITOS LAGOON
AND EAST OF INTERSTATE 5 IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: NORTH BATIQUITOS SEWAGE FORCE
CASE NO.: CDP 96-10
MAIN
I WHEREAS, City of Carlsbad and Carlsbad Municipal Water District,
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12 by Brookfield Broccato, Inc., “Owner”, described as
“Developer”, has filed a verified application with the City of Carlsbad regarding property owned
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Lot 77 of Carlsbad Tract CT 90-30, according to Map No.
13370, filed in the Office of the County Recorder on November
8,1996 and lots 49,50,51,52 and 81 of Carlsbad Tract CT 89-
19 according to Map No. 12902, filed December 11,1991.
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WHEREAS, said verified application constitutes a request for a Coastal 17
(“the Property”); and
Development Permit as shown on Exhibit(s) “A” - “G” dated August 20, 1997,on file in the
19 Planning Department, C,DP 96-10, as provided by Chapter 21.201.040 of the Carlsbad Municipal
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21 ll Code;and
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a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at- said public hearing, upon hearing and considering all testimony
sind arguments, if any, of all persons desiring to be heard, said Commission considered all factors
WHEREAS, the Planning Commission did, on the 20th day of August 1997, hold
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relating to CDP 96-10.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla~
Commission of 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 Commj
APPROVES Coastal Development Permit CDP 96-10, based on the folk
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Local Cc
Program and all applicable policies in that the project will not encroach intc
Batiquitos Lagoon wetlands; the project is a permitted use within the Batiq
Lagoon wetlands buffer; the subterranean pipeline project will create no \
impact to the Batiquitos Lagoon scenic resource; although the westernmost extc
the project will occur on steep slopes with a gradient of greater than 25%; the
slopes do not possess endangered plant/animal species and/or coastal sage scrut
chaparral plant communities; the pipelines are essential; the proposed steep
area to be disturbed is less than 10 acres; the pipelines will not damage n
wildlife habitat or native vegetation areas; and, will be revegetated upon compl
to mitigate soil erosion and to restore native vegetation.
2. The proposal is in conformity with the public access and recreation policies of ChaI
of the Coastal Act in that the pipelines will be constructed subterranean and will
no impact on coastal public access.
3. The project complies with the requirements of the Coastal Resource Prote
Overlay Zone in that although a portion of the project will occur on a steep I
(gradient of greater than 25%); the steep slopes do not possess endant
plant/animal species and/or coastal sage scrub and chaparral plant commun
the pipelines are essential; the proposed steep slope area to be disturbed is less
10 acres, the pipelines will not damage major wildlife habitat or native veget
areas; and, will be revegetated upon completion to mitigate soil erosion a1
restore native vegetation.
Conditions:
1. The Planning Commission does hereby APPROVE the Coastal Development Perm
the project entitled CDP 96-10 (Exhibit(s) “A” -“G” dated August 20, 1997, on f
the Planning Department and incorporated by this reference, subject to the condj
herein set forth.) Staff is authorized and directed to make, or require Developer to r
all corrections and modifications to the Coastal Development Permit document(
necessary, to make them internally consistent and in conformity with final action o
project. Development shall occur substantially as shown in the approved Exhibits.
PC RES0 NO. 4149 -2-
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proposed development substantially different from this approval, shall requir
amendment to this approval.
2. All grading activity shall be prohibited between October 1 St and April lst of any ye
as otherwise allowed by the Mello I1 and East Batiquitos LagoonMunt Propc
Local Coastal Plans.
3. Prior to the commencement of project construction, the Batiquitos Lagoon wet1
and the coastal sage scrub habitat located adjacent to the project constru
corridor shall be staked and flagged in the field by a qualified biologist to pro
project encroachment.
4 Subsequent the construction of the pipelines, the construction corridors sha
revegetated consistent with the approved Azure Cove project (CT 89-19) land!
plans.
5. This project shall be required to comply with City Grading Standard provisions T
deal with minimizing the release of construction related air pollutants (i.e.; dus
emissions from construction vehicles).
6. The effective date of this Coastal Development shall be after the Cc
Commission appeal period has been exercised.
7. During project trenching operations, spoils shall be placed on the uphill side (
trench and adequately controlled to ensure that no encroachment of said spoil!
the Batiquitos wetlands or lagoon occurs.
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PC RES0 NO. 4149 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 20th day of August 1997, 1.
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heint
Monroy, Savary and Welshons
NOES: None
ABSENT: Commissioner Noble
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
M
MICHAEL J. HO-MIL~~R
Planning Director
PC RES0 NO. 4149 -4-