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Home My WebLink About1994-09-06; City Council; 12844; CERTIFYING THE MASTER ENVIRONMENTAL IMPACT REPORT AND APPROVING THE GENERAL PLAN AMENDMENT AND THE SEAPOINTE RESORTP RECOMMIENDED ACTION: If the Council concurs, your action is to certify the Mast and approve the update of the General Plan and adopt the Ne Declaration and General Plan Amendment for the Seapointe Res adopting Resolution NO.~'~*&YG certifying EIR 93-01, approvi 94-01, adopting the Negative Declaration and approving GPA 93 93-05/LCPA 93-04. ITEM EXPLANATION The City Council at your meeting of August 16, 1994, direct City Attorney to prepare documents certifying a Environmental Impact Report, EIR 93-01, and Addendum Theret approving General Plan Amendment, GPA 94-01, and the Sea Resort Negative Declaration, General Plan Amendment GPA 93-04 Change ZC 93-05 and Local Coastal Plan Amendment LCPA 93-04 The attached Resolution incorporates the changes deemed appro by the Council as follows: Recites that these amendments to the General Pla consistent with the vision statement and that amendments will be likewise measured. Resolves that existing noise is adequately addressed . Noise Element but recognizes the need for future monitor new sources of noise. Clarifies that a policy requiring review of commercial applies only to review of future decisions. Adds a policy discouraging strip commercial development scenic roadways. Treats trails the same as other recreation areas i 9-4 '.,- kE, transportation corridor. -w L2 -3- GL -3' 5 2, SL- e- Adds a policy requiring the General Plan to be amended consistent with a regional or subregional multi-SI habitat plan when adopted. A&%? In addition, the Resolution accomplishes other minor tec changes now required as follows: Z Certifies the Master Environmental Impact Report and Adc for the comprehensive update of the Carlsbad General Pla 0 F 0 approves the Negative Declaration for the Seapointe Rc a adding findings pursuant to Public Resources Code sel =! 21082.1 and 21081.6 (d) pertaining to the Council's indepc 0 z judgment and the location and custodian of record fc 3 record of proceedings. Approves the General Plan Upda' the Seapointe Resort General Plan Amendment, zone chang 0 0 U Agenda Bill # /JigL/q Page 2 local coastal plan amendment. Implements the Council' changes to the General Plan version recommended b Planning Commission. Modifies the Statement of Overriding Considerations to ct that the City of Carlsbad acknowledges its responsibili willingness to participate in regional efforts to rl certain air quality and circulation issues, and finds unavoidable environmental effects acceptable in light positive benefits of the project. 0 0 States that these changes to the General Plan constil single General Plan Amendment pursuant to Government section 65358. That document is attached. The Council should satisfy itsel the resolution accurately reflects your intentions in the m( EXHIBITS Resolution No. ?Lc-2% certifying EIR 93-01, and approving G 01, GPA 93-04/ZC 93-05/LCPA 93-04. b 1 2 3 4 5 6 7 8 9 10 11 12 SWL18 !2$~ 13 UW2 iU, $05' 14 crtso: ooo9 15 2;Ss zwm* oZJ ~ 16 ""50 17 18 19 20 21 22 23 24 25 26 27 28 Om a08 >JZ 0 Ci$ u aoJ $2: 0 w RESOLUTION NO. 94-246 - --- -. -& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE MASTER ENVIRONMENTAL IMPACT REPORT, EIR 93-01, AND ADDENDUM THERETO, AND APPROVING THE GENERAL PLAN AMENDMENT, GPA 94-01 AND THE SEAPOINTE RESORT APPROVING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, GENERAL PLAN AMENDMENT, ZONE CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT CASE NAME: GENERAL PLAN UPDATE AND SEAPOINTE RESORT CASE NO: EIR 93-01, GPA 94-01, GPA 93-04 ZC 93-05/LCPA 93-04 WHEREAS, om March 16, 1994, April 6, 1994, and Ap 20, 1994, the Carlsbad Planning Commission held duly noti public hearings as prescribed by law to consider a comprehens update of the Carlsbad General Plan (GPA 94-01) includinc detailed review and subsequent update of all the elemen existing background information, tables and map figur graphics, goals, objectives, policies, and programs and a Mas Environmental Impact Report (EIR 93-01). At the conclusion the hearing the Commission adopted Resolution Nos. 3630 and 3 recommending to the City Council that (GPA 94-01) and (EIR 01) be approved; and WHEREAS, the City Council of the City of Carlsbad, August 9, 1994 and August 16, 1994, held a public hearing consider the Commission's recommendations and heard all pers interested in or opposed to the General Plan Update (GPA 94- and Master Environmental Impact Report (EIR 93-01); and WHEREAS, at said public hearing, the City Council a corisidered an Igerrataq' sheet dated August 9, 1994 and I'Addendum to Environmental Impact Report EIR 93-01"; and WHEREAS, the vision and introduction of the Gener Plan sets forth the vision of Carlsbad to provide a balar s 1 2 3 4 5 6 7 8 9 10 11 12 9a mw8 222 13 <a8 ow2 iUC9 3055 14 CtSE 002 15 ZWWo 89$6 16 E:$ 402 t_lZ 2;s: >22 17 50 18 19 20 21 22 23 24 25 . 26 27 28 0 w variety of land uses for living, business, employmer recreen and open space opportunities; and WHEREAS, the Council affirms this statement and shz review all future, proposed amendments to the General Plan ensure that they are harmonious with and consistent with t intent of this vision statement as well as the goals of ei element of the General Plan; and WHEREAS, the City Council has determined that t proposed amendments are consistent with this vision; and WHEREAS, while the City Council recognizes tl existing noise is adequately addressed and that amendments the Noise Element of the General Plan shall provide . appropriate mitigation, nonetheless, it also recognizes a nc to monitor new sources of noise, including, but not limited "nuisance noise" resulting from unplanned or uncontrolled no generators and shall review the need for future amendments the General Plan and implementing policies for ordinances in 1 future; and WHEREAS, on May 18, 1994, the Carlsbad Plann Commission held a duly noticed public hearing to consider Negative Declaration for the General Plan Amendment, Gene Plam -Amendment (GPA 93-04), Zone Change (ZC 93-05) and Lo Coastal Program Amendment (LCPA 93-04) all relating to Seapoi Resort. At the conclusion of the hearing the Commission adop Resolution Nos. 3668, 3662, 3663 and 3664 recommending Seapointe Resort be approved; and WHEREAS, the City Council of the City of Carlsbad, August 16, 1994, held a public hearing to consider 2 L. 1 2 3 4 5 6 7 8 9 10 11 12 su2 22~ 13 d;;# 14 sOsS rrk5": qoo9 15 a;sz zwmo 8E$6 16 LZi! a a08 tJZ 0 4O-l 0 gz3 l7 18 19 20 21 22 23 24 25 26 27 28 0 m Co~mmission~s recommendations and heard all persons interested or o-sed to the Negative Declaration for the General P Amendment, General Plan Amendment (GPA 93-04), Zone Change 93-05) and Local Coastal Program Amendment (LCPA 93-04) relat to Seapointe Resort. NOW, THEREFORE, BE IT HEREBY RESOLVED by the C Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and corre 2. That the City Council adopts and incorporates findings and conditions of Planning Commission Resolution N 3630 and 3631 certifying the Master Environmental Impact ReE (EIR 93-01) and Addendum for the comprehensive update of Carlsbad General Plan (GPA 94-01) including a statement overriding considerations and attached addendum except modified herein: (a) Delete Finding No. 6(b) in Planr Commission Resolution No. 3630. (b) Add the following to the findings as Finding No. 6 (b) : "LOCATION AND CUSTODIAN OF RECORD OF PROCEED11 Pursuant to Public Resources Code section 21081.6 all the materials that constitute the administral -record in this proceeding are in the custody of can be found in the offices of the City Clerk and administrative record includes, but is not limited the Final MEIR and Addendum thereto, all techn appendices thereto, the Draft MEIR and all pul comments thereon received during the public re period and responses thereto, and the proceeding: the Planning Commission and the City Council there1 (c) Delete previous Finding No. 6 (c) . - Director of Planning in the City of Carlsbad. 3 1 2 3 4 5 6 7 8 9 10 11 12 222 SUI% 13 a08 3LLO Ow% 14 2055 ac5a O"D; 15 si& 0 z Ju. 16 ugzq KO3 aod >zu 17 5s 18 19 20 21 22 23 24 25 26 27 28 Dm >-I2 e w (d) Add the following as new Finding No. 6(( - **INDEPENDENT JUDGMENT. Pursuant to Public Resourr Code Section 21082.1, that the Final MEIR reflects * independent judgment of the City Council.'* - --- - -- (e) Modify the STATEMENT OF OVERRID CONSIDERATIONS as follows: **Sections 15092 and 15093 of the CEQA Guidelines The City of Carlsbad finds that the mitigat measures discussed in the CEQA findings and the Fi MEIR (EIR 93-01), when implemented, avoid substantially lessen most of the significant effe identified in the MEIR. Nonetheless, cert significant effects of the project on AIR QUALITY CIRCULATION are unavoidable even after incorporat of all feasible mitigation measures such as th listed in Section 5.3-1, Air Quality, and Section 5 1, Circulation of Master EIR 93-01. The impacts Air Quality and Circulation are regional issues wh require regional solutions and are beyond jurisdiction of the City to control. The City included text, and numerous programs and polic which acknowledge the City's responsibility willingness to participate in regional efforts resolve these issues. The City Council has balan the benefits of having an updated General Plan guide the future development of the City against th remaining unavoidable environmental effects and fi themacceptable. The City required an Updated Gene Plan which reflects the current goals of the commun and recognizes the quality of life standards that fundamental to the citizens of Carlsbad. The benef of adopting the Updated General Plan outweigh incremental contribution to regional Air Quality Circulation impacts.'* 3. The Master Environmental Impact Report (EIR 93- and Addendum are amended to include the comments and docums of those testifying at the public hearings and respor thereto, and found to be in good faith and reason and incorporating a copy of the minutes of said public hearings j the Report. - 4. The Mitigation Monitoring Checklist (Exhibit to Planning Commission Resolution No. 3630 and Appendix "B' 4 1 2 3 4 5 6 7 8 9 10 11 12 00, 13 &ZW u.08 -IOU% JLU 14 goss ZdZ u->u OoS! 15 :;Sz ZWW" $$$o- 16 17 18 19 20 21 22 23 24 25 26 27 28 SuF (I)> 0 iA pz UOJ iJ e w the Technical Appendix to the EIR) is approved with follang changes to be made: - a) On page 13, insert the following item as Quality Item No. 16 in the checklist, with all subsequent it renumbered accordingly: "The City will study the impact of commercial industrial development on housing demand and ability of local employees to afford local housj Where adverse impacts are identified, mitigat measures may be considered to reduce the imp? These measures include, but are not limited to, requirement of commercial and industrial develol and employers to contribute an in-lieu fee towards production of affordable housing and emplc assistance to finance affordable housing for tk employees. (Housing Element, Program 4.1)" b) On page 45, Cultural and Paleontologj Resources No. 10, change the word "and" to florn- so that introductory phrase reads as follows: "Prohibit the alteration of properties, with statc national significance ...I' c) On page 47, Noise No. 6. delete the f: sentence, which reads: "Enforce the policy of the City that sixty-five dBA CNEL is the exterior noise level to which residential units should be mitigated."; also, chi ' (65) f to ' (60) I in the next (now first) sentt following the word llsixtyll. = 5. That among the alternatives evaluated, the ( Council finds that the project, as defined in the MEIR and staff report, which incorporates mitigation measures discussed below, is approved for implementation. 6. That the City Council adopts and incorpor, Pl.anning Commission Resolution No. 3631 approving the Gene: 5 1 2 3 4 5 6 7 a 9 10 11 12 00, SlQ *> a08 .JE& 13 iUCJ oug 14 $055 ,ceg 4 0 -2% 15 I&%* na%o E:$ aod GO oZdu- 16 p2 17 18 19 20 21 22 23 24 25 26 27 28 0 w Plan Amendment updating all elements to the City of Carlst Gener&-=Plan except as specifically changed herein: a) Amend the Land Use Element of the Gene] Plan, Section I1 "Description of the Land Use Plan" to chai the word I1at1 to llberr in the third sentence after the word "wi: and before the word tlcomprehensivell in subsection D.7 llSpecial Planning Considerationss1 (Barrio) (at page 25) . b) Amend the Land Use Element of the Gene: Plan, Section I11 "Goals, Objectives and Implementing Polic and Action Programs", to delete the words "both existing a from subsection C.12 in lvCommercialn (at page 33). c) Amend the Land Use Element of the Gene Plan, Section 111 "Goals, Objectives and Implementing Polk and Action Programst1 by adding the following new policy C.13 "Commercialn (at page 33): *IC. 13 Strip commercial development shall be discouraged along scenic roadways and major thoroughfares, including but not limited to El Camino Real, so that land uses and scenic roadways are preserved and enhance the visual, environmental and historical characteristics of the local community through sensitive planning and design of transportation and utility corridors.18 d) Amend the Land Use Element of the Gent Plan,. Secgion I11 ltGoals, Objectives, and Implementing Polic and Action Programs" to add the word Vrails1I after the phi "recreation areas, H in IITransportation Corridor1' subsection (Objectives) (at page 37). e) Amend the Open Space Planning Conservation Element of the General Plan, Section I11 "GOi Objectives and Implementing Policies and Action Programs' 6 1 2 3 4 5 6 7 8 9 10 11 12 om 13 &E& a08 14 0ulg YU, so35 009 15 8$$6 16 17 18 19 20 21 22 23 24 25 26 27 28 suls a-> Ed: 9 841 %i%s F:? (I)> aoA Eq - 0 0 w adding the following new policy C.30 in "Open Space Planning Prote&on" (at page 25): "C.30 The City shall incorporate in this element' any requirements of a city, sub- regional, or regional multi-species habitat plan if and when such plan is adopted." 7. That the City Council adopts and incorpora Planning Commission Resolution Nos. 3661, 3662, 3663 and 3 recommending approval of the Seapointe Resort Negat Declaration for the General Plan Amendment, General E Amendment (GPA 93-04), Zone Change (93-05) and Local Coas Program Amendment (LCPA 93-04). a) Independent Judgment: The City Council fj that the Negative Declaration reflects the City Councj independent judgment, b) Location and Custodian of Record Proceedings. Pursuant to Public Resources Code secl 21081,6(d), all the materials that constitute the administral record in this proceeding are in the custody of and can be fc in the offices of the City Clerk and the Director of Planninc the City of Carlsbadl. is not limited to: the Negative Declaration and all pul comments thereon received during the public review period responses thereto, and the proceedings of the Plan; Commission and the City Council thereon." The administrative record includes, 8. That these two changes to the General constitute a single General Plan Amendment pursuant to provisions of Government Code section 65358. 7 -< 1 2 3 4 5 6 7 8 9 10 11 12 nul SW% ;$; 13 an8 14 Ow% $044 CAZ 15 a->g Oou. sZ$z 16 17 18 19 20 21 22 23 24 25 26 27 28 A,, gsz !A C:$ 0 40-1 Li 0 W EFFECTIVE DATE: This resolution shall be effect upon %3&% adoption, except as to the General Plan Amendme which shall be effective (30) days following its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California, held the 6th day of SEPTEMBER, 1994, by the following Vote, to w AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, NOES: None ABSENT: None ABSTAIN : None ATTEST: ALETHA L. RAUTE”2, City Clerk (SEAL) - - a