HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 48011
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PLANNING COMMISSION RESOLUTION NO. 4801
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A
REPLACEMENT WEIR ON PROPERTY GENERALLY
LOCATED AT THE MOUTH OF BUENA VISTA LAGOON, IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BUENA VISTA LAGOON WEIR
REPLACEMENT
CASE NO.: CDP 99-53
WHEREAS, the City of Oceanside, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by the State Lands Commission, “Owner”,
described as
Portion of Assessors Parcel Number 203-010-18; Map 11007 as
recorded in San Diego County on July 27,1984 per Document
84-115526.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “F” dated July 5, 2000, on file in the Planning
Department, BUENA VISTA LAGOON WEIR REPLACEMENT, CDP 99-53, as provided
by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of July, 2000 and on
the 19th day of July, 2000, hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES BUENA VISTA LAGOON WEIR REPLACEMENT, CDP 99-
53, based on the following findings and subject to the following conditions:
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That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the proposed weir replacement will not
hinder nor preclude the implementation of the existing Mello II LCP and related
policies which focus on regulating low density single family development around the
lagoon and the provision of a south shore pedestrian trail system.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the proposal to replace the existing weir will have no long-
term impacts on recreational beach use or access.
The proposal is in conformity with the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Municipal Code) in that there will be no impacts to the
habitat resource values of Buena Vista Lagoon. Specifically, the weir replacement
will not impact the preservation of steep slopes, adversely impact drainage, erosion,
or sedimentation patterns within the lagoon, or expose the replacement weir to
landslide, seismic or slope instability hazards.
The proposal is in conformity with the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Municipal Code) in that there will be no adverse
impacts to public health, safety and welfare interests resulting from the proposed
shoreline development. The project complies with Shoreline Development Overlay
Zone in that no impacts to coastal access are involved, geotechnical reports have
been submitted to warrant the objectives and design of the replacement weir, and
the applicant has been conditioned to waive any public liability associated with the
project by indemnifying the City of Carlsbad and the Coastal Commission.
The Planning Commission finds that all feasible mitigation measures identified in the
Mitigated Negative Declaration as prepared by the Oceanside staff for the Weir
Replacement project acting as lead agency for CEQA purposes, and as certified by the
Oceanside Environmental Review Committee on April 12, 1999, and certified by the
Oceanside Planning Commission on September 27, 1999, which are appropriate have
been incorporated into this Project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading,
building or encroachment permit issuance; or initiation of construction/staging
activities.
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
revoke or modify all approvals herein granted; deny or further condition issuance of all
PC RESO NO. 4801 -2.
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2.
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future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Coastal Development Permit.
This approval is granted subject to the approval of CUP 99-26 and SUP 99-07 and is
subject to all conditions contained in Planning Commission Resolutions No. 4800 and
4802 for those other approvals.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year unless altered by wildlife agencies to allow sensitive
bird nesting activities. Grading activities may be extended to November 15th upon
written approval of the City Engineer and only if all erosion control measures are in place
by October 1st. Any staging, construction or grading activities associated with the
weir replacement may be extended beyond November 15th upon written approval of
the City Engineer and Planning Director after consultation with, and concurrence
of, the Coastal Commission and affected resource agencies to ensure no conflicts
with the permit requirements of those entities.
PC RESO NO. 4801 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of July, 2000, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chai
CARLSBAD PLANNING COMMISSION
PC RBSO NO. 4801