HomeMy WebLinkAbout1999-09-21; City Council; Resolution 99-337V e
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RESOLUTION NO. - 99~337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION FOR THE HABITAT MANAGEMENT
PLAN FOR NATURAL COMMUNITIES IN THE CITY OF
CARLSBAD.
CASE NAME: HABITAT MANAGEMENT PLAN
CASE NO.: EIA 99-04
WHEREAS, the City of Carlsbad has prepared a Habitat Management PI;
Natural Communities and, upon approval by the City Council, will submit the Plan to the
Fish and Wildlife Service and the California Department of Fish and Game for reviev,
approval under the Federal Endangered Species Act (Section lO(a)), the State Endan!
Species Act (Section 2081), and the California Natural Communities Conservation Pla
(NCCP) Program; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA'
Habitat Management Plan was analyzed for its potential to impact the environment; and
WHEREAS, based upon the analysis, a proposed Mitigated Negative Declar
was prepared by staff finding that although the Plan could potentially have significant iml
on the environment, mitigating measures were applied to the Plan and incorporated intc
Plan such that the potential impacts were reduced to a less than significant level; and
WHEREAS, on June 8, 1999, the City Council adopted a resolution of its i
to approve a Mitigated Negative Declaration; and
WHEREAS, on June 8, 1999, the Council also opened a 45-day public re
and comment period on the Mitigated Negative Declaration and directed staff to hold a F
meeting to receive verbal comments on the Mitigated Negative Declaration and to ac
written comments during the 45-day public review period; and
WHEREAS, three comment letters were received addressing the Mitig
Negative Declaration; and
WHEREAS, written responses to the comments were prepared by staff
reviewed by the City Council; and
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WHEREAS, on September 21, 1999, the City Council held a duly noticed i:
hearing to consider the Mitigated Negative Declaration, reviewed the written comments
responses and heard all persons who wished to provide public testimony regardin{
Mitigated Negative Declaration and the effects of the Plan on the environment; and
WHEREAS, the City Council has exercised its independent judgment
determined that there is not substantial evidence before the Council that the Hz
Management Plan will have a significant effect on the environment because of the lev€
conservation proposed by the Plan and the mitigating measures incorporated into the Plan
as such, a Mitigated Negative Declaration is appropriate and supportable.
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the
of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council approves a Mitigated Negative Declaration for
Habitat Management Plan.
3. That the Habitat Management Plan will not have any significant impac
the environment because of the mitigation applied to and incorporated into the Plan.
4. Staff is directed to file a Notice of Determination of the environm
decision on the Habitat Management Plan.
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PASSED AND ADOPTED at a regular meeting of the City Council of the C
Carlsbad on the 21st day of -e!r 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ATTEST:
ALETHA L. RAUTE
(SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
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