HomeMy WebLinkAbout2004-12-07; City Council; Resolution 2004-3861
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RESOLUTION NO. 2004-386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CERTIFYING ENVIRONMENTAL
FINDINGS OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE CANTARINVHOLLY
SPRINGS JOINT EIR, AND APPROVING THE ZONE 15 LOCAL
FACILITIES MANAGEMENT PLAN AMENDMENT FOR THE
CANTARlNl RANCH AND HOLLY SPRINGS DEVELOPMENT
PROPOSALS GENERALLY LOCATED NORTH OF EL CAMINO
REAL AND EAST OF THE COLLEGE BOULEVARD AND
CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 15.
CASE NAME: CANTARINVHOLLY SPRINGS
IMPACT REPORT EIR 02-02, ADOPTING THE CANDIDATE
CASE NO.: EIR 02-02/LFMP 15(C)
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 02-02)
and Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)), and adopted
Planning Commission Resolutions No. 5749 and 5750 respectively, recommending to the City
Council that EIR 02-02 and LFMP 15(C) be approved; and adopted Planning Commission
Resolutions No. 5753, 5754, 5755, 5759 and 5760 respectively, recommending approval of CT
00-1 8, SDP 01 -1 0 and HDP 00-09 for Cantarini; and'CT 00-21 and HDP 00-1 2 for Holly Springs
subject to the City Council certification of EIR 02-02, adoption of the Candidate Findings of Fact
and the Mitigation Monitoring and Reporting Program, and approval of LFMP 15(C); and
WHEREAS, the City Council of the City of Carlsbad, did on the 7th 9 day
of December
all persons interested in or opposed to EIR 02-02 and LFMP 15(C); and
, 2004, hold a public hearing to consider the recommendations and heard
WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and
submitted to the State Clearinghouse and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45-day review period.
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WHEREAS, sections of the DElR were revised and submitted to the State
Clearinghouse for recirculation, and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45-day review period for the re-
circulated DElR sections.
WHEREAS, all comments received during the review periods are contained in
the Final EIR as well as the responses to comments on the unaltered sections of the Draft EIR
and the re-circulated sections of the DEIR.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 02-02) on the above referenced
project is certified and that the Candidate Findings of Fact, Statement of Overriding
Considerations, and the Mitigation Monitoring and Reporting Program are approved and that
the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5749, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
3. That the recommendation of the Planning Commission for the approval of the
Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)) is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5750, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
“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 Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate court
not later than the ninetieth day following the date on which this
decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the
proceedings accompanied by the required deposit in an amount
sufficient to cover the estimated cost of 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 proceedings shall be filed with
the City Clerk, City of Carlsbad, I200 Carlsbad Village Drive,
Carlsbad, California 92008.”
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EFFECTIVE DATE: This resolution shall be effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 7th day of December , 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, nail and Packard. dLd.
NOES: None
ABSENT: Council Member Kulchin.
ATTEST: 1
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