HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 4802PLANNING COMMISSION RESOLUTION NO. 4802
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SPECIAL USE 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: SUP 99-07
WHEREAS, the City of Oceanside, “Developer”, has tiled 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-l 15526.
(‘the Property”); and
WHEREAS, said verified application constitutes a request for a Special Use
Permit as shown on Exhibits “A’‘-“F” dated July 5, 2000, on tile in the Planning Department
BUENA VISTA LAGOON WEIR REPLACEMENT, SUP 99-07, as provided by Chapter
2 1.110 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 Special Use Permit;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Commission
APPROVES BUENA VISTA LAGOON WEIR REPLACEMENT, SUP 99-
07, based on the following findings and subject to the following conditions:
1. The project is consistent with the City’s General Plan in that it provides for the
continued operation of a weir at the Buena Vista Lagoon mouth by replacing the
existing one. The weir replacement is consistent with the Open Space land use
designation on the area and associated General Plan policies and objectives.
2. The proposed weir replacement does not adversely impact existing flooding
potential but rather will provide a more hydrologically efficient weir device at the
lagoon mouth.
3. All necessary hydrologic studies and analyses required by the City’s Floodplain
Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code) have
been reviewed by the City’s Public Works Department and have been determined to
be adequate for the purpose of the proposed replacement weir.
4. 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:
1.
2.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
This approval is granted subject to the approval of CUP 99-26 and CDP 99-53 and is
subject to all conditions contained in Planning Commission Resolutions No. 4800 and
4801 for those other approvals,
PC RESO NO. 4802 -2-
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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, Chair$ers&
CARLSBAD PLANNING COMMISSION
ATTEST:
PC RESO NO. 4802 -3-