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Home My WebLink About1993-08-17; City Council; Resolution 93-243II 0 0 1 2 3 4 5 6 7 RESOLUTION NO. 93-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANTS' APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION FOR THE HUBBS SEA WORLD RESEARCH INSTITUTE PROJECT ON PROPERTY GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY, EAST OF CARLSBAD BOULEVARD ALONG THE NORTH SHORE OF THE OUTER BASIN OF AGUA HEDIONDA LAGOON, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1. APPLICANT: HUBBS SEA WORLD RESEARCH INSTITUTE CASE NO. : CUP 92-10/HDP 93-05 ~ 8 9 WHEREAS, a verified application for a condition permit for certain property to wit: 10 11 om I?? rra& an8 Ow% jU, $055 k'5.g 9 UolL I Q- F:$ SUJ? >1z a>m< zwrn 0210 ~a%o >'% 50 401 12 13 14 15 16 17 18 That portion of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896. has been filed with the City of Carlsbad and referred Planning Commission; and WHEREAS, the Planning Commission did on July 7, 191 a duly noticed public hearing as prescribed by law to considc application for Conditional Use Permit CUP 92-10 and Hi 19 Development Permit HDP 93-05; and 20 WHEREAS, the Planning Commission did on July 7 , 21 24 3524 approving the Negative Declaration, Conditional Use Per 23 people desiring to be heard, adopt Resolutions No. 3522, 3! 22 after hearing and considering all the evidence and testimony of Carlsbad held a duly noticed public hearing as prescribed WHEREAS, on August 10, 1993 the City Council of t 28 the negative declaration to the City Council; and 27 project appealed the decision of the Planning Commission to ' 26 WHEREAS, twenty two residents of the area ne 25 92-10 and Hillside Development Permit HDP 93-05; and !I 0 0 - SW? um a> 608 &E& -low: JUU aouu m>5z ~k58 9 00U b ai SL%< OZJ? “LIZ0 003 Lorn >25 ELI 60J 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 I to consider said appeal and at said hearing after considerat all the evidence, testimony, argument of those persons pres€ desiring to be heard the City Council denied the appei approved the Negative Declaration, Conditional Use Permit CUI and Hillside Development Permit HDP 93-05; and WHEREAS, the findings and conditions of the PI Commission in Resolutions No. 3522, 3523 and 3524 approvi Negative Declaration, Conditional Use Permit CUP 92-10 and Hj Development Permit HDP 93-05 on file with the City Clerk cons the findings and decision of the City Council: and WHEREAS, the City Council concludes that there is 1 argument to support the conclusion that significant z environmental impacts will occur and, therefore, the preparai a negative declaration is appropriate and lawful undt provisions of the California Environmental Quality Specifically, the City Council finds that there is no fair a] that there may be significant adverse environmental impa traffic, noise, water quality, biology, archeology, odor, aesthetics, economic or private view blockage from the pro: conditioned. This conclusion is based, in part, on the testimony, both written and oral, of marine and w. biologists, archeologists, noise and water quality experts, * engineers, soil engineers, architects and other responsiblc agencies, including the California Coastal Commission, Cal Department of Fish and Game, California State Lands Comm California Department of Conservation and the Regional Quality Control Board. - 2 0 a 1 2 3 4 5 6 7 8 9 10 11 12 om SWg &Em 13 2044 14 a> an8 ow2 iUU kksg 9 ODU I ai 15 SL%a tdZ 8 2 5 z- 16 0 aoJ E:$ c:% 17 - 00 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corre 2. The Planning Commission's approval of Resolutic 3522, 3523 and 3524 approving the Negative Declaration, Condi Use Permit CUP 92-10 and Hillside Development Permit HDP 93 hereby confirmed and the appeal of that decision is denied forth below based upon the facts set out in the Planning Depz Staff Report dated July 7, 1993, the evidence before the PI Commission, the evidence as set forth in City Council Agenc No. 12,360, and the testimony before the City Council all ol are incorporated herein by reference. 3. Therefore, the appellants' appeal is denied pr that the applicant agree to the following conditions: A. That the project not serve as present or environmental mitigation for the Encina power plant. B. The project will stock both the Agua HE Lagoon and the Batiquitos Lagoon, to the extent scientil feasible, with fish from the project. C. That the Hubbs-Sea World Research Institu' the cooperation of SDG&E, if necessary, improve the trails the north shore of the Agua Hedionda Lagoon and provide I areas and interpretive signs with a pictorial explanat activities within the hatchery, to the satisfaction of the P: Director. D. That all landscaped areas be maintaine healthy and thriving condition, free from weeds, trash and and shall be annually reviewed by the Planning Director. E. Visitation and tours of the facility SI limited to the hours of 10 a.m. to 2 p.m. Monday through Sal unless modified by the City Council. F. The color scheme of the roof and exterior building, including renderings thereof, shall be review approved by the Planning Director. 6. This action is final the date this resolut 3 I/ e 0 om m> SWE &Ecb 408 Ow% 2055 Cr"8 SLZq OZJO auso 3UC3 tJZ 9 UOU E <i Euol U0-l c2% uv 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 1, adopted by the City Council. The provision of Chapter 1.16 Carlsbad Municipal Code, "Time Limits for Judicial Review" apply: "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 become 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 the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.t1 PASSED, APPROVED AND ADOPTED at a Regular Meeting City Council of the City of Carlsbad on the 17th day of A 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, Finnila NOES: None ABSENT: Council M ." ATTEST: ALETHA L. RAUTENKRANZ, City Clekk ~ 4 I