HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 43490 *
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PLANNING COMMISSION RESOLUTION NO. 4349
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF AN ENVIRONMENTAL IMPACT
REPORT, EIR 90-06 FOR THE DEVELOPMENT OF A 259 LOT
SUBDIVISION ON 103.9 ACRES OF LAND, AND
RECOMMENDING APPROVAL OF THE CANDIDATE
FINDINGS OF FACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING
AND REPORTING PROGRAM ON PROPERTY GENERALLY
LOCATED EAST OF RANCHO SANTA FE ROAD AND
NORTH OF CALLE ACERVO.
CASE NAME: SHELLEY TRACT MAP
CASE NO.: EIR 90-06
WHEREAS, Daniel Shelley, “Developer”, has filed a verified applica
the City of Carlsbad regarding property owned by Daniel Shelley, “Owner”, described a
That portion of lots 13 and 14 of the subdivision of the Rancho
Las Encinitas, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 848, filed in
the office of the County Recorder of San Diego County, June
27,1898; and
An easement and right-of-way for road purposes over and
across that portion of the southerly 60 feet of the westerly half
of lot 14 of Rancho Las Encinitas, which lies east of the center
line of the county road known as Road Survey No. 454-A.
(the Property); and
WHEREAS, said application constitutes a request for approval of CT 90-
90-1 1, PUD 90-04, and SUP 90-04; and
WHEREAS, said application also constitutes a request for approval o
Environmental Impact Report, SHELLEY TRACT MAP, EIR 90-06, dated Decemb
as provided in Chapter 19.04 of the Carlsbad Municipal Code; and
WHEREAS, the Final Environmental Impact Report consists of the 19:
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Environmental Impact Report, EIR 90-06, appendices and technical reports,
comments to the 1993 draft and 1997 draft and responses to all comments, all
.
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applications, memoranda, maps, letters and other planning documents prepare
project engineering, design, and architectural consultants, the environmental co
and the City of Carlsbad that are before the decision makers, all documents subr.
the public and public agencies in connection with the project, matters of
knowledge to the City of Carlsbad which they consider as amended to include the c
and documents of those testifying at the public hearings and responses thereto hereby fo
in good faith and reason by incorporating a copy of the minutes of said public hearing
report, all on file in the Planning Department incorporated by this referer
collectively referred to as the “Report”.; and
WHEREAS, the Planning Commission did, on the 7th day of Octobc
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the project; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Con
RECOMMENDS CERTIFICATION of Environmental Impact
Candidate Findings of Fact (“CEQA Findings”), attached hereto
Exhibit “B” and incorporated by this reference; the Statement of Ov
Considerations (“Statement”), attached hereto marked Exhibit “
incorporated by this reference; and of the Mitigation Monitor.
Reporting Program (“Program”), attached hereto marked Exhibit ‘
incorporated by this reference; based on the following findings and s1
the following conditions.
SHELLEY TRACT MAP, EIR 90-06; RECOMMENDS APPROVA
PC RES0 NO. 4349 -2-
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Findines:
1. The Planning Commission does hereby find that Final EIR 90-06, the Fin(
Program, and the Statement have been prepared in accordance with requireme]
California Environmental Quality Act, the State CEQA Guidelines,
Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, anat
considered Final EIR 90-06, the environmental impacts therein identified for thj
the CEQA Findings, the Statement, and the Program, prior to RECOMMl
APPROVAL of the project.
3. The Planning Commission finds that Final EIR 90-06 reflects the independent -
of the City of Carlsbad Planning Commission.
4. As is more fully identified and set forth in Final EIR 90-06 and in the Find
Planning Commission hereby finds pursuant to Public Resources Code Sectic
and CEQA Guidelines Section 15091 that the mitigation measures described a;
in the above referenced documents, are feasible, and will become binding upon
assigned thereby to implement same.
5. As is also noted in the above referenced environmental documents described in 1
finding number 4, each of the alternatives to the project which were ider
potentially feasible in Final EIR 90-06 are found not to be feasible since they (
meet both the objectives of the project and avoid the identified significant envirc
effects through implementation of feasible mitigation measures, for the reasons
in said Candidate Findings of Fact.
6. The Planning Commission hereby finds that the Program is designed to en
during project implementation the Developer and any other responsible parties in
the project components and comply with the feasible mitigation measures ide~
the Findings and the Program.
7. Even after the adoption of all feasible mitigation measures and any feasible altt
certain significant or potentially significant environmental effects caused by thc
will remain. Therefore, the Planning Commission hereby recommends that
Council of the City of Carlsbad issue, pursuant to Section 15093 of thc
Guidelines, a Statement of Overriding Considerations set forth in Exhi
which identifies the specific economic, social, and other considerations that rt
unavoidable significant adverse environmental effects acceptable.
8. The Record of Proceedings for this project consists of the following:
A. The Report, CEQA Findings, Statement and Program;
B. All reports, applications, memoranda, maps, letters and other planning dc
prepared by the planning consultant, the project Applicant, the envirc
PC RES0 NO. 4349 -3-
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consultant, and the City of Carlsbad that are before the decisionn
determined by the City Clerk;
C. All documents submitted by members of the public and public ag
connection with the EIR and the Addendum thereto on the project;
D. Minutes of all public meetings and public hearings; and
E. Matters of common knowledge to the City of Carlsbad which they
including but not limited to, the Carlsbad General Plan, Carlsbad
Ordinance, and Local Facilities Management Plan for Zone 11, whic
found at the office of the City Clerk located at 1200 Carlsbad Villa
and the Planning Department located at 2075 Las Palmas Driv
custody of the City Clerk and the Planning Director.
Conditions:
1. The project shall implement the mitigation measures described in Exhi
Mitigation Monitoring and Reporting Program, for the mitigation meas1
monitoring programs applicable to development of the Shelley Tract Map.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN: 4% Ffl
/p9 j.c ."z" &/ p- -4Jp ;::.,.>,J( y<*-: .+?-s; Gq&&Q 3 - I/ i =. ...--"":z:7 . , .== "., q.f? a -. ~ .>
BAILEY NOBY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
w- MICHAEL J. HOLZMILLER
Planning Director
PC RES0 NO. 4349 -4-