HomeMy WebLinkAbout2012-06-26; City Council; Resolution 2012-15723
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EXHIBIT 1
1 RESOLUTION NO. 2012-157
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO
3 SIGN THE FIRST AMENDMENT TO THE IMPLEMENTATION
AGREEMENT FOR THE FIELDSTONE/RANCHO SANTA FE
4 ROAD HABITAT CONSERVATION PLAN.
CASE NAME: HABITAT CONSERVATION PLAN
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The City Council of the City of Carlsbad, California, does hereby resolve as
6 follows:
7 WHEREAS, on May 23, 1995, the City Council accepted a staff report and
8 authorized the Mayor to sign the "Implementation Agreement Regarding the City of
9 Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan"; and
10 WHEREAS, a new population of thread-leaved brodiaea was discovered on the
11 MAG property during the approval of the La Costa Town Square project post approval of the
12 Habitat Conservation Plan (HCP) and the species is not covered by the HCP as determined by
13 the California Department of Fish and Game (CDF&G) and has therefore initiated a minor
14 amendment to the Implementation Agreement (IA); and
15 WHEREAS, the CDF&G has determined that a minor amendment to the IA is
1^ needed to; identify Project Design Centers as a permittee for the MAG (La Costa Town Square)
parcel, explicitly authorize the take of an additional 997 thread-leaved brodiaea, and articulate
1 ^ the mitigation for the species; and
19 WHEREAS, the CDF&G has initiated a minor amendment to the IA and seeks
the City's concurrence on the minor amendment pursuant to the IA; and
21 WHEREAS, the City of Carlsbad has certified two EIRs (SCH Nos. 90010850
and 93091080) as the lead agency for the two projects (Villages of La Costa Master Plan and
Rancho Santa Fe Road Widening) and determined that the Project (HCP) is within the scope of
the prior EIRs, and no new environmental document nor Public Resources Code 21166 findings
are required. Furthermore, the City analyzed the additional take in the La Costa Town Square
EIR (SCH No. 2003041159) which was certified in August 2009. The EIR identified the impacts
and provided mitigation for the impacts to the thread-leaved brodiaea, therefore the approval of
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1 this minor amendment will not result in, and does not have the potential to create, any new
2 significant or substantially more severe environmental effects than previously analyzed and
3 disclosed by the City of Cartsbad during its lead agency review of the Projects.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
5 of Carlsbad as follows:
6 1. That the above recitations are true and correct.
2. That the City Council authorizes the Mayor to sign the minor amendment
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to the IA.
9 3. That staff is authorized to submit the signed minor amendment to the
California Department of Fish and Game for final execution of the agreement (on file with the
10 City Clerk's office).
11 "NOTICE TO APPLICANT"
12 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
13 Cartsbad by Cartsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
14 this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
15 or 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
16 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,
17 City of Carlsbad, 1200 Carlsbad Village Drive, Cartsbad, CA. 92008.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Cartsbad on the 26*^ day of June, 2012, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
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(SEAL) .^0BA;^%
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L'OI^RAINE M. WOOD. City Clerk