HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 48221
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PLANNING COMMISSION RESOLUTION NO. 4822
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM TO ALLOW
THE CITY OF OCEANSIDE TO RECONSTRUCT THE WEIR
ON PROPERTY LOCATED AT THE MOUTH OF BUENA
VISTA LAGOON AT THE CITY BOUNDARY WITH
CARLSBAD AND OCEANSIDE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BUENA VISTA LAGOON WEIR
REPLACEMENT
CASE NO.: CUP 99-26KDP 99-53/SUP 99-07
WHEREAS, the City of Oceanside, “Owner” and “Developer”, has filed a
verified application with the City of Carlsbad regarding property 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, a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program was prepared by the City of Oceanside in conjunction with said
project; and
WHEREAS, the City of Oceanside (the lead agency) did on the 27th day of
September, 1999, hold a duly noticed public hearing as prescribed by law to consider said
request and passed and adopted Resolution No. 99-P59 approving a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program; 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, examining the Mitigated Negative Declaration and Mitigation Monitoring and
1 Reporting Program prepared by the City of Oceanside, analyzing the information submitted
2 by staff, and considering any written comments received, the Planning Commission considered
3 all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and
4 Reporting Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows: 7
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby APPROVES the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program according to Attachment “X”
dated July 19, 2000, attached to this resolution and made a part hereof, based on
the following findings:
FindingS:
1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program approved by the City of Oceanside on September 27, 1999, the
environmental impacts therein identified for this project and said comments thereon, on
tile in the Planning Department, prior to approving the project. The Planning
Commission finds that there is no substantial evidence the project will have a significant
effect on the environment and hereby APPROVES the Mitigated Negative Declaration.
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Based on the findings and conclusions stated in the Mitigated Negative Declaration
and the Mitigation Monitoring and Reporting Program, there is no substantial
evidence that the Project, as mitigated, will have any potential significant adverse
effect on the environment in that:
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l No long term adverse impacts to local waters are anticipated as measures are
incorporated into the project which reduce adverse effects associated with the
reconstruction of the Buena Vista Lagoon Weir.
l The proposed improvements would not affect beach or pedestrian access to the
north Carlsbad beach area.
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l Resource agency approval and agreements are required subsequent to the
Carlsbad approvals to further ensure no adverse impacts to biological or other
environmental resources.
28 PC RESO NO. 4822
1 l The project has been conditioned to modify or remove the weir if needed to
2 implement any future mandates of the Management Plan currently being
developed.
3 3. The Planning Commission does hereby find that the Mitigated Negative Declaration
4 and Mitigation Monitoring and Reporting Program approved by the City of
Oceanside have been prepared in accordance with requirements of the California
5 Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad. 6
Conditions: 7
8 1. The Developer shall implement, or cause the implementation of, the Buena Vista
Lagoon Weir Replacement Project Mitigation Monitoring and Reporting Program.
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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 11
12 following vote, to wit:
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AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, Nielsen, Segall, and Trigas
NOES:
ABSENT:
ABSTAIN:
l8 II
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20 COURTNEY E. HEINEMAN. airperson -- II CARLSBAD PLANNING CGMMISSION
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28 PC RESO NO. 4822 -3-