HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 44421
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PLANNING COMMISSION RESOLUTION NO. 4442
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CAL,IFORNIA, RECOMMENDING
CERTIFICATION OF A RECIRCULATED ENVIRONMENTAL
IMPACT REPORT, EIR 97-01 FOR THE DEVELOPMENT OF
AN 18 HOLE CHAMPIONSHIP GOLF COURSE WITH
CLUBHOUSE AND PRACTICE FACILITIES, 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 NORTH OF PALOMAR AIRPORT ROAD AND
EAST AND WEST OF COLLEGE AVENUE IN LOCAL,
FACILITIES MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD MUNICIPAL GOLF
COURSE
CASE NO.: EIR 97-01
WHEREAS, The City of Carlsbad Municipal Projects Division, “Det
has filed a verified application with the City of Carlsbad regarding property owned by 1
of Carlsbad, “Owner”, described as
Approximately 397 acres north of Palomar Airport Road and
west of Palomar Airport including Assessor’s Parcel Numbers
[5,7,11,12,13]
212-041-[12-37]; 212-081-[2-21]; 212-082-[1-10]; 212-201-
(the Property); and
WHEREAS, said application constitutes a request for approval
CARLSBAD MUNICIPAL GOLF COURSE (“Project”) as is more fully describe(
Final Environmental Impact Report, EIR 97-01, dated November, 1997, as pro\
Chapter 19.04 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 1st day of April 191
1 16th day of December, 1998, hold a duly noticed public hearing as prescribed by
consider said request; and
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WHEREAS, at said public hearings, upon hearing and considering all t8
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 the Final Environmental Impact Report consists of thc
Environmental Impact Report, EIR 97-01, dated Novembe~
Recirculated Draft Environmental Impact Report dated Octobe
appendices, all written comments and all responses to comments, as :
to include the comments and documents of those testifying at the public
and responses thereto hereby found to be in good faith and rei
incorporating a copy of the minutes of said public hearings into the repor
file in the Planning Department incorporated by this referent
collectively referred to as the “Report”.
C) That the Environmental Impact Report EIR 97-01, and reci~
Environmental Impact Report as so amended and evaluated is recorr
for acceptance and certification as the Final Environmental impact Report
the Final Environmental Impact Report as recommended is adequate and :
reasonable information on the project and all reasonable and feasible altc
thereto, including no project.
D) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS CERTIFICATION of Environmental Impact
APPROVAL of the Candidate Findings of Fact (“CEQA Fin4
attached hereto marked Exhibit “B” and incorporated by this rei
RECOMMENDS APPROVAL of the Statement of Ovc
Considerations (“Statement”), attached hereto marked Exhibit “I
incorporated by this reference; and RECOMMENDS APPROVAL
Mitigation Monitoring and Reporting Program as amended (“Pro;
attached hereto marked Exhibit “C” and incorporated by this rei
based on the following findings and subject to the following conditions.
CARLSBAD MUNICIPAL GOLF COURSE, EIR 97-01; RECOMR
Findines:
l 1. The Planning Commission does hereby find that Final EIR 97-01, the CE
Findings of Fact, the Mitigation Monitoring and Reporting Program, and the State
Overriding Considerations have been prepared in accordance with requirement!
PC RES0 NO. 4442 -2-
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California Environmental Quality Act, the State EIR Guidelines, and the Envirc
Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analy
considered Final EIR 97-01, the environmental impacts therein identified for this
the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Stat1
Overriding Considerations attached hereto as Exhibit “B”, the Mitigation Monito
Reporting Program (“Program”) attached hereto as Exhibit “C”, r:
RECOMMENDING APPROVAL of the project.
3. The Planning Commission finds that Final EIR 97-01 reflects the independent j1
of the City of Carlsbad Planning Commission.
4. The Planning Commission does hereby RECOMMEND APPROVAL, acce
own, incorporate as if set forth in full herein, and make each and every one of the
contained in the “Candidate Findings of Fact” (Exhibit “B”).
5. As is more fully identified and set forth in Final EIR 97-01 and in the Candidate 1
of Fact, the Planning Commission hereby finds pursuant to Public Resourcc
Section 21081 and CEQA Guidelines Section 15091 that the mitigation n
described as feasible in the above referenced documents, are feasible, and will
binding upon the entity assigned thereby to implement same.
6. As is also noted in the above referenced environmental documents described in tl
finding number 4, each of the alternatives to the project which were iden1
potentially feasible in Final EIR 97-01 are found not to be feasible since they cm
meet both the objectives of the project and avoid the identified significant enviro
effects through implementation of feasible mitigation measures, for the reasons
in said Candidate Findings of Fact.
7. The Planning Commission hereby finds that the Program is designed to ens
during project implementation the Developer and any other responsible parties im
the project components and comply with the feasible mitigation measures iden
the Candidate Findings of Fact and the Program.
8. Changes or alterations have been required in or incorporated into the projec
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mitigate or avoid most significant effects identified in the EIR.
9. Even after the adoption of all feasible mitigation measures and any feasible altel
certain significant or potentially significant environmental effects caused by the
will remain. Therefore, the Planning Commission hereby recommends that tl
Council of the City of Carlsbad issue, pursuant to Section 15093 of the
Guidelines, a Statement of Overriding Considerations set forth in Exhib
which identifies the specific economic, social, and other considerations that rer
unavoidable significant adverse environmental effects acceptable.
I PC RES0 NO. 4442 -3-
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10. 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
consultant, and the City of Carlsbad that are before the decisionm
determined by the City Clerk;
C. All documents submitted by members of the public and public age
connection with the EIR thereto on the project;
D. Minutes of all public meetings and public hearings regarding the EIR
E. Matters of common knowledge to the City of Carlsbad which they i
including but not limited to, the Carlsbad General Plan, Carlsbad
Ordinance, and Local Facilities Management Plan, which may be fow
office of the City Clerk located at 1200 Carlsbad Village Drive
Planning Department located at 2075 Las Palmas Drive in the custod
City Clerk and the Planning Director.
Conditions:
1. The City shall implement the mitigation measures described in Exh
Mitigation Monitoring and Report Program for development of the C
Municipal Golf Course project.
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PC RES0 NO. 4442 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
(3.nmission ofthe City of Carlsbad, California, held on the 16th day of December, 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, 1
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOB
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4442 -5-