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Home My WebLink About2000-01-05; Planning Commission; Resolution 4696C 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 4696 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING PROPERTY LOCATED JUST NORTH OF THE BATIQUITOS LAGOON AND UNDERNEATH THE 1-5 FREEWAY IN LOCAL FACILITIES MANAGEMENT ZONES 9 AND 19. CASE NAME: 1-5 FREEWAY WATER PIPELINE UNDERCROSSING CASE NO.: CDP 99-52 WHEREAS, Carlsbad Municipal Water District, “Developer”, has filed verified application with the City of Carlsbad regarding properties owned by the State California, the Aviara Master Homeowners Association, and Greystone Homes I1 “Owners”, described as COASTAL DEVELOPMENT PERMIT CDP 99-52 ON Existing public utility easements on portions of Lot 49 of CT 89-19, Map No 12902, and on CT 98-06, and transecting the right-of-way of the 1-5 Freeway approximately 400 feet north of the Batiquitos Lagoon shoreline. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coar Development Permit as shown on Exhibits bbA”-b‘E’’ dated December 15, 1999, on file in Planning Department, 1-5 WATER PIPELINE UNDERCROSSING CDP 99-52 as provic by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of December, l! and on the 5th day of January, 2000, hold a duly noticed public hearing as prescribed by lau consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of all persons desiring to be heard, said Commission considered all facl relating to the CDP. ~ r t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni 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 Commissj APPROVES 1-5 FREEWAY WATER PIPELINE UNDERCROSSING, C1 99-52 based on the following findings and subject to the following conditions: FindinPs: 1. That the proposed development is in conformance with the Certified Local Coas Program and all applicable policies in that the water pipeline will be local underground and will not impact the visual quality of the Coastal Zone. 2. The proposal is in conformity with the public access and recreation policies of Chapte of the Coastal Act in that the water pipeline will be located underground and will I disrupt any public coastal access. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildi permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right revoke or modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupar issued under the authority of approvals herein granted; institute and prosecute litigation compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approval this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctic and modifications to the Coastal Development Permit documents, as necessary to m; them internally consistent and in conformity with the final action on the projc Development shall occur substantially as shown on the approved Exhibits. Any propo; development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and la ordinances in effect at the time of building permit issuance. 4. The Developer shall submit to Planning Department a reproducible 24” x 36”, ml copy of the Site Plan reflecting the conditions approved by the final decision mak body. I PC RES0 NO. 4696 -2- , II 4 1 2 3 4 5 6 7 8 0 0 5. The applicant shall apply for and be issued building permits for this project within t (2) years of approval or this coastal development permit will expire unless extended : Section 21.201.210 of the Zoning Ordinance. 6. Hours of construction shall be limited to those prescribed in the Carlsbad Munici Code (CMC) which are between the hours of 7 AM and dusk, Monday throu Friday and between the hours of 8 AM and dusk on Saturday. No construct. activity is permitted on Sunday or holidays specified in Section 8.84 of the CMC. 7. A noise attenuation wall shall be installed and maintained between the construct staging area on the east side of the Freeway and the developed residential ho during construction. 9 8. All landscape materials removed or destroyed as a result of construction shall replaced. Replacement landscape materials shall match existing and shall 10 installed within two weeks of completion of the project. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I I 9. Prior to beginning any construction activity at the site, the Carlsbad Munici] Water District (CMWD), or their designee, shall submit to the Planning Departmc either; 1) a letter from the U. S. Fish and Wildlife Service (USFWS) indicating tl the area in the vicinity of the project site is unlikely to be occupied by Coas California Gnatcatcher or; 2) a study prepared by a qualified biologist concerni the area in the vicinity of the site and an evaluation of its potential as Coas California Gnatcatcher habitat. In the event that a submitted study indicate! potential for impact on the Coastal California Gnatcatcher, the CMWD sh comply with all USFWS and City of Carlsbad standards for construction a mitigation thereof. 10. The Carlsbad Municipal Water District (CMWD), or their designee, shall ens1 that construction noise associated with the project will be maintained such that residential use in the vicinity of the project site is exposed to an exterior noise le greater than 60 dBA CNEL or if the ambient noise level is greater than 60 dl CNEL, the noise level from this project shall not exceed the ambient noise level. necessary, CMWD shall utilize additional noise attenuation devices, For the purpc of this standard, the measurement location for determining noise level shall bc point five (5) feet above grade, adjacent to the building wall which is closest to 1 noise source. Prior to beginning any construction work at the site, CMWD or th designee, shall demonstrate to the satisfaction of the Planning Director tl adequate supporting noise impact analysis has been conducted and that appropri: measures, if found necessary, will be implemented. 25 NOTICE 26 Please take NOTICE that approval of your project includes the “imposition” of fc 27 dedications, reservations, or other exactions hereafter collectively referred to for convenience 28 “fees/exactions.” 1) PC RES0 NO. 4696 -3- % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 You have 90 days from date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim follow that procedure will bar any subsequent legal action to attack, review, set aside, void, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with t project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi.c a NOTICE similar to this, or as to which the statute of limitations has previously othem expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 5th day of January 2000, by following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas and Welshons NOES: ABSENT: ABSTAIN: 4.4!&- WILLIAM COMPAS, Chaiderson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMI&ER Planning Director PC RES0 NO. 4696 -4-