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Home My WebLink About2002-01-15; City Council; Resolution 2002-0161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, CEQA FINDINGS OF FACT, STATEMENTS OF OVERRIDING CONSIDERATIONS, A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT, MASTER PLAN AMENDMENT, ZONE 7 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, ZONE CHANGE, MASTER TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT WITHIN THE CALAVERA HILLS MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE AND WEST OF LAKE CALAVERA IN THE NORHTEAST QUADRANT OF THE CITY. CASE NAME: CALAVERA HILLS PHASE IVBTD #4 AND BASINS CASE NO.: EIR 98-02/GPA 99-03/MP 150(H)/LFMP 87- 07(AI/ZC 01-01/CT 00-02/HDP 00-02 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on December 19. 2001, and January 2, 2002 hold duly noticed public hearings as prescribed by law to consider the land use actions and entitlements outlined above to facilitate the buildout of the Calavera Hills Master Plan and the environmental review for the master plan as well as the roads and basins to be covered by Bridge and Thoroughfare District #4 or similar financing mechanism. The Planning Commission adopted Planning Commission Resolutions No. 51 12 through 51 18, recommending to the City Council that the above listed items be approved; and WHEREAS, the City Council did on the 15th day of January, 2002 hold a duly noticed public hearing as prescribed by law to consider the EIR, Statement of Overriding Considerations, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program, General Plan Amendment, Master Plan Amendment, Zone 7 Local Facilities Management Plan Amendment, Zone Change, Master Tentative Map and Hillside Development Permit and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the above described project; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5112, 51 13, 5114, 5115, 5116, 5117 and 5118 constitute the findings of the City Council in this matter. 3. That the conditions imposed by the Planning Commission in Planning Commission Resolutions No. 5112, 5113, 51 14, 5115, 5116. 5117 and 5118 constitute the conditions of the City Council in this matter. Except that condition numbers 31, 38 and 39 imposed by the Planning Commission in Planning Commission Resolution No. 51 17 be revised to read as follows: ‘31. Prior to issuance of the first building permit for the Calavera Hills Phase II project (“Project”), the applicant shall cause Owner to enter into a purchase option agreement with the City of Carlsbad and the Rancho Carlsbad Owners Association offering the City the option to purchase, at not more than fair market value, an approximately 5.7 acre parcel of land, to provide a relocation site for facilities that will either be replaced by or have the access severed by the construction of College Boulevard Reach A or Detention Basis BJ (the “Facilities Replacement Area”). The general location of the Facilities Replacement Area is shown on the Rancho Carlsbad Exhibit as the location of the Rancho Carlsbad Owners Association facilities, including the community garden, RV parking lot, wash area and waste disposal area. The purchase option agreement shall provide that if the City does not exercise its option to purchase by January 1, 2010, the Rancho Carlsbad Owners Association may exercise the option and purchase the parcel. The agreement shall also provide that the Rancho Carlsbad Owners Association, with agreement of Owner, may process any and all permits and applications with the appropriate governmental agencies required for the implementation of these provisions provided any such permits issued are conditioned upon the transfer of the parcel. Alternately, the Owner may elect to process the necessary permits and applications to implement these provisions itself. “The agreement shall provide that if either the Owner or Rancho Carlsbad Owners Association are denied by any approving governmental agency a requested permit necessary for use of the 5.7 acre parcel for a community garden, RV parking lot, wash area and waste disposal area, then the purchase option agreement shall automatically terminate. The City shall provide the mechanism whereby the purchase by the Association shall be eligible for credit and repayment from the appropriate funding source or sources established by the City which include this purpose. Any such credit and repayment mechanism shall be implemented prior to or concurrent with the transfer to the City by the Rancho Carlsbad Owners Association of the property rights required to install Basin BJ. If the Rancho Carlsbad Owners Association and Owner are unable to reach agreement with respect to the terms of the purchase option agreement by May 1, 2002, the Rancho Carlsbad Owners Association and Owner shall enter into binding arbitration to resolve the terms of the agreement, subject to concurrence by the City to resolve the terms of the agreement, subject to concurrence by the City to the extent the terms Resolution No. 2002-016 page 2 of 4 1 ‘ - L c - f I E S 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 impact the City’s obligations under the agreement. Such arbitration to be paid for by Owner. The City Manager and City Attorney, or their designees, shall be authorized to negotiate and enter into the purchase option agreement on behalf of the City, provided it complies with the terms of this condition, without further review of the City Council. The actual purchase of acquisition of the property which is the subject of the option agreement will require City Council review and approval.” “38. The applicant shall construct a five-foot sound wall atop a three-foot earthen berm to run along the south side of Reach 3 of Cannon Road between El Carnino Real and the intersection with College Boulevard (the “Berm”). The Berm and the slope shall be fully landscaped, as shown on the Rancho Carlsbad Exhibit, on that portion of the Berm and slope facing the Rancho Carlsbad Mobile home Park. The landscaping plans shall be approved prior to the approval of the final map for CT 00-02 and such landscaping shall be installed at least 30 days prior to the opening of Cannon Road to public traffic. The sound wall shall be located a minimum of 20 feet from the edge of the southern right-of-way of Cannon Road Reach 3, where wetlands or other sensitive habitats do not interfere.” “39. The applicant shall cause the Owner to plant eucalyptus trees, or such other trees as are comparable in price and availability, and native hydroseeding on an approximately 2.51 acre parcel of land generally located between Cannon Road Station 150 plus 80 feet and the intersection of College Boulevard and Cannon Road, as shown on the Rancho Carlsbad Exhibit as the grove parcel. Approximately 2.25 acre of this parcel of land, generally located between Cannon Road Station 151 and the intersection of College Boulevard and Cannon Road, shall be deeded or provided by permanent easement to the Rancho Carlsbad Owners Association at no cost. Deeding or granting of the easement, and planting and irrigation of the grove parcel shall occur at least 30 days prior to the opening of Cannon Road Reach 3.” 4. The recommendation of the Planning Commission for a General Plan Amendment, GPA 99-03, as shown in Planning Commission Resolution No. 5113, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendments GPA 01-06 and GPA 01-15. 5. The City Council shall retain jurisdiction over uses proposed for Village H and shall act as the final decision maker on such uses following a recommendation from the Planning Commission.” EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. Ill Ill Ill Resolution No. 2002-016 page 3 of 4 1 ” 1 1 4 < t 7 e 9 1c 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of JANWRY 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ATTEST: 1 F+.” LOR INE M. OOD, City Clerk (SEAL) J Resolution No. 2002-016 page 4 of4