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HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 4270e ‘i 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4270 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A CITY SKATEBOARD PARK LOCATED AT THE CITY’S SAFETY CENTER IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: CITY SKATEBOARD PARK CASE NO.: CUP 98-05 WHEREAS, the City of Carlsbad, “Developer”, has filed a verified ap with the City of Carlsbad regarding property owned by the City of Carlsbad, ‘ described as A portion of Lot “B” of Rancho Agua Hedionda according to Map No. 823, filed November 16, 1896 in the office of the San Diego County Recorder. (“the Property”); and WHEREAS, the Planning Commission did on the 15th day of April, ho noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all tl and arguments, examining the initial study, analyzing the information submitted by c considering any written comments received, the Planning Commission considered a relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES the Negative according to Exhibit “N March 18, 1998, and “PII” dated February 23, 1998, attached hereto an part hereof, based on the following findings: ... * . 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 e 0 Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, anal! considered the Mitigated Negative Declaration, CUP 98-05, the environmenta therein identified for this project and said comments thereon, and the h Monitoring Program, on file in the Planning Department, prior to APPRO\ project. Based on the EIA Part I1 and comments thereon, the Planning Cor finds that there is no substantial evidence the project will have a significant effc environment and hereby APPROVES the Mitigated Negative Declaration. 2. The Planning Commission does hereby find that the Mitigated Negative Dt (CUP 98-05) and Mitigation Monitoring and Reporting Program have been pr accordance with requirements of the California Environmental Quality Act, Guidelines and the Environmental Protection Procedures of the City of Carlsbad. 3. The Planning Commission finds that the Mitigated Negative Declaration (CU reflects the independent judgment of the Planning Commission of the City of C; 4. a. The Planning Director has found that, based on the EIA Part 11, this Su Project was described in the MEIR 93-01 as within its scope; AND ther no additional significant effect, not .analyzed therein; AND that no additional mitigation measures or alternatives are required; AND that this Subsequent Project is within the scope of the prior EIR; and environmental document nor Public Resources Code 2 108 1 findings are r b. The Planning Commission finds that all feasible mitigation measures c alternatives identified in the MEIR 93-0 1 which are appropriate Subsequent Project have been incorporated into this Subsequent Project. Conditions: 1. Approval of this Mitigated Negative Declaration is based on, and subjec conditions of approval of, CUP 98-05. 2. Prior to the opening of the Skateboard Park for public use, a detailed Monitoring Program shall be approved by the Planning Director and shall the required elements listed in this project’s Mitigation Measures as cont the Environmental Impact Assessment Part I1 attached hereto. .... ~ .... .... PC RES0 NO. 4270 -2- 'li r) e 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Commission of the City of Carlsbad, California, held on the 15th day of April 199 following vote, to wit: 4 5 6 7 8 9 AYES: Chairperson Noble, Commissioners Compas, Heineman, 11 Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: 10 11 12 13 CARLSBAD PLANNING COMMISSION 14 15 ATTEST: 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL J. HMZMILLER Planning Director PC RES0 NO. 4270 -3 -