HomeMy WebLinkAbout2013-07-09; City Council; Resolution 2013-176EXHIBIT 2
RESOLUTION NO. 2013-176
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
2 CAUFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT
EIR 09-02, ADOPTING THE CANDIDATE FINDINGS OF FACT AND A
MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING A SITE DEVELOPMENT PLAN SDP 09-04 FOR THE
DEMOLITION, RECONFIGURATION, AND/OR RECONSTRUCTION OF
5 APPROXIMATELY 225,631 SQUARE FEET OF EXISTING GROSS
LEASABLE AREA OF REGIONAL SHOPPING CENTER USES WITHIN
6 THE EXISTING PLAZA CAMINO REAL SHOPPING CENTER
GENERALLY LOCATED WEST OF EL CAMINO REAL AND BISECTED
BY MARRON ROAD IN THE LOCAL FACILITIES MANAGEMENT ZONE
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CASE NAME: WESTFIELD CARLSBAD
9 CASE NO.: EIR 09-02/SDP 09-04
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10 The City Council of the City of Carlsbad, California, does hereby resolve as
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j2 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
23 Commission did, on June 5, 2013, hold a duly noticed public hearing as prescribed by law to
14 consider Environmental Impact Report EIR 09-02 and Site Development Plan SDP 09-04, and
adopted Planning Commission Resolutions No. 6981 and 6983, respectively, recommending
that the City Council certify EIR 09-01 and approve SDP 09-04; and
WHEREAS, the City Council of the City of Carlsbad, on the 9th day of juiy
2013, held a duly noticed public hearing to consider the Environmental Impact Report and Site
20 Development Plan; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, the City Council considered all factors
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relating to the Environmental Impact Report and Site Development Plan; and
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WHEREAS, a Draft Environmental Impact Report was prepared and submitted to
2^ the State Clearinghouse and a Notice of Completion was filed, published and mailed to trustee
27 agencies and interested parties providing a 45-day review period; and
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1 WHEREAS, all comments received during the public review period are contained
2 in the Final EIR as well as the responses to comments on the Draft EIR; and
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WHEREAS, the Planning Commission did, on June 5, 2013, recommend
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certification ofthe Final EIR; and
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WHEREAS, it is necessary that the City of CaHsbad, as owner of the Shopping
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7 Center parking lot, permit certain uses on or over City-owned land, as shown on Site
8 Development Plan SDP 09-04.
^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
CaHsbad, as follows:
1. That the above recitations are true and correct.
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13 2. That the Environmental Impact Report (EIR 09-02) for the Westfield
CaHsbad project is certified, that the Candidate Findings of Fact and Mitigation Monitoring and
14 Reporting Program are adopted, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 6981, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions ofthe City Council
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3. That the recommendation of the Planning Commission for the approval
17 of the Site Development Plan is approved and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 6983, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions ofthe City Council, with
19 the addition ofthe following two conditions:
20 a. Developer shall obtain a temporary access easement from the
City providing vehicular access to the proposed trash compactor as shown on SDP 09-04, which
the Mayor is hereby authorized to sign on behalf of the City. The form and content of said
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22 access easement shall be subject to review and approval by the City Attorney and City Engineer.
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23 b. Developer shall apply for and obtain approval of an encroachment
agreement over City property for the main mall renovation area architectural projections and
signage, as shown on SDP 09-04, which the Mayor is hereby authorized to sign on behalf ofthe
25 City. The form and content of said encroachment agreement shall be subject to review and
approval by the City Attorney and City Engineer.
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1 4. This action is final on the date this resolution is adopted by the City
Council. The Provisions of Chapter 1.16 of the CaHsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
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"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
CaHsbad by Carlsbad 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
7 which 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 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
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 CaHsbad, 1200 CaHsbad Village Drive, CaHsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of CaHsbad on the 9th day of July 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Wood, Blackburn, Douglas.
None.
ABSENT: Council Member Packard.
Mayor
ATTEST:
BARBARA ENGLESON, C(t/Clerk