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Home My WebLink About1993-03-16; City Council; Resolution 93-554. 1 2 3 4 5 6 7 0 0 RESOLUTION NO. 93-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A SPECIFIC PLAN, ZONE CHANGE AND VARIOUS DISCRETIONARY APPLICATIONS FOR A PROJECT ON 423.5 ACRES OF LAND GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8 APPLICANT: CARLSBAD RANCH SPECIFIC PLAN CASE NO: EIR 91-03/GPA 90-11/LCPA 90-08/SP-207/ ZC 92-02/AP 76-01(C)/LFMP 87-13(A) 8 WHEREAS, on January 6, 1993 the Carlsbad P1 9 Declaration and Tentative Map (ZC 92-02/CT 92-07), Genera l1 proposed Environmental Impact Report (EIR 91-03), Ne lo Commission held a duly noticed public hearing to consj - 12 um $Ul% I??“ ““m 13 .go<< 14 p22 a08 OWE iU, etg“ >A2 9yaF’ 15 ““$0 002 Lam >’$ 17 &v ozJ? 16 a01 Amendment (GPA 90-ll), Local Coastal Plan Amendment (LCPA 9 Specific Plan (SP 207), Zone Change (ZC 92-02), Agricu Preserve (AP 76-01(C)), and Local Facilities Management Plar 87-13(A)) for project developments on 423.5 acres of la1 adopted Resolutions Nos. 3476, 3477, 3478, 3479, 3480, 3481 ~ and 3491 respectively, recommending to the City Council tha l8 19 be approved; and and other project approvals and these conditions will be rc 27 incorporated into the conditions of approval for the specif: 26 period. All comments received from that review period arc 25 1992 and submitted to the State Clearinghouse for a 30 day 24 WHEREAS, a Negative Declaration was issued on Nover 23 11/LCPA 90-08/SP-207/ZC 92-02/AP 76-01(C)/LFMP 87-13 (A) ; ar 22 and heard all persons interested in or opposed to EIR 91-03/C 21 March 9, 1993 held a public hearing to consider the recommend 2o WHEREAS, the City Council of the City of Carlsb 28 through a monitoring program set up for the project, I1 0 0 1 2 3 4 5 6 7 8 9 10 11 0 *> sug $E& 40s dUU ow2 4055 m gA$ cf-> go09 a;$? gg2o KK$d Pus >22 Lo I-om aoA - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correi 2. That the Environmental Impact Report (EIR 91- the above referenced project is certified and that the f indin conditions of the Planning Commission contained in Resoluti 3476, on file with the City Clerk and incorporated here reference, are the findings and conditions,of the City Coun 3. That the Negative Declaration for (ZC 92-02/CT is approved and that the findings and conditions of the P1 Commission contained in Resolution No. 3477, on file with th Clerk and incorporated herein by reference, are the findinl conditions of the City Council. 4. That the General Plan Amendment (GPA 90-1 approved and that the findings and conditions of the P1 Commission contained in Resolution No. 3478, on file with th Clerk and incorporated herein by reference, are the findin conditions of the City Council. 5. That the Local Coastal Plan Amendment (LCPA 90- this project is approved and that the findings and conditi the Planning Commission contained in Resolution No. 3479, o with the City Clerk and incorporated herein by reference, a findings and conditions of the City Council. 6. That the recommendation of the Planning Corn for the approval of Specific Plan (SP 207) for this proj approved and that the findings and conditions of the P1 Commission contained in Resolution No. 3480, on file with tk Clerk and incorporated herein by reference, are the findin conditions of the City Council and Ordinance No. NS-227 sh 2 k 1 2 3 4 5 6 7 8 9 10 11 mu? Sm &E& <08 OWE 3U-0 m,j, eksu 9 I <- 009 a>mG 0210 zwcn ““90 >29 EO *> <o<< p; a01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 contemporaneously adopted, with the exception of Condition which is amended to read as follows: “5. Should the City determine that it is feasible the best interests of the City to have the developers of Z privately provide and maintain the recreational facilities f employees of Zone 13 and the residents of Carlsbad, then UF financial guarantee of those facilities, all Zone 13 par collected to date shall be disbursed to the provider ( recreational facilities and no additional Zone 13 park fees be collected. II 7. That the Planning Commission recommendation Zone Change (ZC 92-02) for this project is approved and th findings and conditions of the Planning Commission contai Resolution No. 3481, on file with the City Clerk and incorr herein by reference, are the findings and conditions of tk: Council and Ordinance No. NS-228 shall be contemporar adopted. 8. That the Agricultural Preserve (AP 76-01(C) ) fc project is approved and that the findings and conditions Planning Commission contained in Resolution No. 3482, on fil the City Clerk and incorporated herein by reference, a findings and conditions of the City Council. 9. That the Local Facilities Management Plan (LI 13 (A)) for this project is approved and that the findin conditions of the Planning Commission contained in Resolutj 3491, on file with the City Clerk and incorporated her reference, are the findings and conditions of the City Cour 10. This action is final the date this resolut adopted by the City Council. The provision of Chapter 1.16 Carlsbad Municipal Code, “Time Limits for Judicial Reviewt1 apply: 3 ), I! 0 0 \. 1 2 3 4 5 6 7 8 9 10 11 12 Sm ~wF 408 Ow8 iLL0 mtj2 Cfk'SK c-JV~~ 15 <:>-a< !?E 5 x- 16 a> &Fob 13 4044 14 zwo ki2 >?$ 17 LO 401 I "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.01 EFFECTIVE DATE: This resolution shall be effectil its adoption, except as to the General Plan Amendment, whict be effective thirty (30) days following its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting l8 1993, by the following vote, to wit: l9 City Council of the City of Carlsbad on the 16th day of - 20 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard an1 21 22 23 24 25 NOES: None r' ABSENT : None 26 11 ATTEST: 27 28 4