HomeMy WebLinkAbout2011-03-22; City Council; Resolution 2011-0451 RESOLUTION NO. 2011-045
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CITY COUNCIL
3 RESOLUTION 2007-303, PARAGRAPH NO. 5, TO EXCEPT
4 CERTIFICATION OF PROGRAM ENVIRONMENTAL
IMPACT REPORT. EIR 05-05
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on September 5th and 19th| 2007 hold duly noticed public hearings to
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consider certification of Program Environmental Impact Report (EIR 05-05), General
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9 Plan Amendment (GPA 05-04), Local Coastal Program Amendment (LCPA 05-01) and
10 Discussion Item (Dl 05-01) for the proposed Ponto Beachfront Village Vision Plan; and
11 WHEREAS, on November 13, 2007 the City Council held a duly noticed hearing
12 to consider Program EIR 05-05, GPA 05-04, LCPA 05-01 and Dl 05-01 and
13 subsequently approved Resolution 2007-303 certifying Program EIR 05-05, approving
the Candidate Findings of Fact, the Statement of Overriding Considerations and the
Mitigation Monitoring and Reporting Program; and
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WHEREAS, Paragraph No. 5 of Resolution 2007-303 inadvertently conditioned
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the Program EIR certification on approval of the LCPA by the California Coastal
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Commission; and
2Q WHEREAS, the environmental analysis of the project is not dependent on
21 Coastal Commission action since the Coastal Commission undertakes its own
22 environmental review pursuant to a certified regulatory program which is the functional
23 equivalent of the California Environmental Quality Act.
24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
25 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. The Resolution 2007-303, Paragraph No. 5 is amended to read as follows:28
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"5. Except for certification of the Program Environmental Impact
2 Report (EIR 05-05), approving the Candidate Findings of Fact,
Statement of Overriding Considerations, and Mitigation
Monitoring and Reporting Program, all other actions shall not
4 become final until the Local Coastal Plan Amendment (LCPA
05-01) is approved by the California Coastal Commission and
5 the California Coastal Commission's approval becomes
effective. The Provisions of Chapter 1.16 of the Carlsbad
6 Municipal Code, "Time Limits for Judicial Review" shall apply:
7 '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
10 Code Chapter 1.16. Any petition or other paper seeking judicial
review must be filed in the appropriate court not later than the
11 ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a
12 request for the record of the proceedings accompanied by the
required deposit in an amount sufficient to cover the estimated cost
13 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
16 shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, California 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of March 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
!&.i»£§Mt>s
, City Clerk