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Home My WebLink About1994-09-06; City Council; Resolution 94-246i I1 0 e 1 2 3 4 5 6 7 a 9 10 11 12 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 9 4 -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 CASE NO: EIR 93-01, GPA 94-01, GPA 93-04 SEAPOINTE RESORT ZC 93-05/LCPA 93-04 1 WHEREAS, on March 16, 1994, April 6, 1994, and Apri 20, 1994, the Carlsbad Planning Commission held duly notice public hearings as prescribed by law to consider a comprehensiv update of the Carlsbad General Plan (GPA 94-01) including ~ n Yr detailed review and subsequent update of all the elements owg an8 dU, existing background information, tables and map figures >jZ oou 15 graphics, goals, objectives, policies, and programs and a Maste 2::: 16 Environmental Impact Report (EIR 93-01). At the conclusion o SWg rrrrm 13 $044 14 &'sg SLEa 9 I Qi E:: 22% 17 a01 the hearing the Commission adopted Resolution Nos. 3630 and 363 56 j8 I/ recommending to the City Council that (GPA 94-01) and (EIR 93 19 20 21 22 23 24 25 26 27 28 01) be approved; and WHEREAS, the City Council of the City of Carlsbad, o August 9, 1994 and August 16, 1994, held a public hearing t consider the Commission's recommendations and heard all person interested in or opposed to the General Plan Update (GPA 94-01 and Master Environmental Impact Report (EIR 93-01); and WHEREAS, at said public hearing, the City Council als considered an 'terratat' sheet dated August 9, 1994 and a "Addendum to Environmental Impact Report EIR 93-01"; and WHEREAS, the vision and introduction of the General Plan sets forth the vision of Carlsbad to provide a balance1 - Y suz szzs 272E S&%S e; >2% 60 52- rrrra an8 Ow% iU, art5rr oz-l ~ “u%n ao-l 0 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 0 0 variety of land uses for living, business, employment recreation and open space opportunities; and WHEREAS, the Council affirms this statement and shal review all future, proposed amendments to the General Plan t ensure that they are harmonious with and consistent with th intent of this vision statement as well as the goals of eac element of the General Plan; and WHEREAS, the City Council has determined that th proposed amendments are consistent with this vision; and WHEREAS, while the City Council recognizes tha existing noise is adequately addressed and that amendments t the Noise Element of the General Plan shall provide fo appropriate mitigation, nonetheless, it also recognizes a nee to monitor new sources of noise, including, but not limited t “nuisance noise” resulting from unplanned or uncontrolled nois generators and shall review the need for future amendments ti the General Plan and implementing policies for ordinances in thl future; and WHEREAS, on May 18, 1994, the Carlsbad Planninl Commission held a duly noticed public hearing to consider I Negative Declaration for the General Plan Amendment, Genera Plan Amendment (GPA 93-04), Zone Change (ZC 93-05) and Loca Coastal Program Amendment (LCPA 93-04) all relatingto Seapointc Resort. At the conclusion of the hearing the Commission adoptec Resolution Nos. 3661, 3662, 3663 and 3664 recommending thc Seapointe Resort be approved; and WHEREAS, the City Council of the City of Carlsbad, 01 August 16, 1994, held a public hearing to consider thc e z 1 2 3 4 5 6 7 8 9 10 11 om &e& eo8 J"W2 2055 Cr"8 OZJO "K$o zzz &? Jut7 >A2 :;Q "OlL Zwv) E:? aod 5" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Commission's recommendations and heard all persons interested i or opposed to the Negative Declaration for the General Pla Amendment, General Plan Amendment (GPA 93-04), Zone Change (2 93-05) and Local Coastal Program Amendment (LCPA 93-04) relatir to Seapointe Resort. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Cit Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct 2. That the City Council adopts and incorporates tk: findings and conditions of Planning Commission Resolution Nos 3630 and 3631 certifying the Master Environmental Impact Repor (EIR 93-01) and Addendum for the comprehensive update of tk Carlsbad General Plan (GPA 94-01) including a statement c overriding considerations and attached addendum except 2 modified herein: (a) Delete Finding No. 6 (b) in Plannir Commission Resolution No. 3630. (b) Add the following to the findings as nc Finding No. 6 (b) : "LOCATION AND CUSTODIAN OF RECORD OF PROCEEDINGS Pursuant to Public Resources Code section 21081.6(d) all the materials that constitute the administrati1 record in this proceeding are in the custody of ar can be found in the offices of the City Clerk and tk Director of Planning in the City of Carlsbad. Tk administrative record includes, but is not limited tc the Final MEIR and Addendum thereto, all technic? appendices thereto, the Draft MEIR and all publj comments thereon received during the public revic period and responses thereto, and the proceedings c the Planning Commission and the City Council thereon. (c) Delete previous Finding No. 6(c). 3 1 2 3 4 5 6 7 8 9 10 11 2m mu? 51 arum Juu% a08 $055 dtga: 0009 J ,<X Sh-%< OZJO Karqn JUU tJZ m 401 c22 00 - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 (d) Add the following as new Finding No. 6(c) "INDEPENDENT JUDGMENT. Pursuant to Public Resource Code Section 21082.1, that the Final MEIR reflects th independent judgment of the City Council.'I (e) Modify the STATEMENT OF OVERRIDIN CONSIDERATIONS as follows: llSections 15092 and 15093 of the CEOA Guidelines The City of Carlsbad finds that the mitigatic measures discussed in the CEQA findings and the Fina MEIR (EIR 93-01) , when implemented, avoid c substantially lessen most of the significant effect identified in the MEIR. Nonetheless, certai significant effects of the project on AIR QUALITY ar CIRCULATION are unavoidable even after incorporatic of all feasible mitigation measures such as thos listed in Section 5.3-1, Air Quality, and Section 5.7 1, Circulation of Master EIR 93-01. The impacts t Air Quality and Circulation are regional issues whic require regional solutions and are beyond tf jurisdiction of the City to control. The City he included text, and numerous programs and policic which acknowledge the Cityls responsibility ar willingness to participate in regional efforts t resolve these issues. The City Council has balancc the benefits of having an updated General Plan t guide the future development of the City against thes remaining unavoidable environmental effects and finc them acceptable. The City required an Updated GenerE Plan which reflects the current goals of the communit and recognizes the quality of life standards that ax fundamental to the citizens of Carlsbad. The benefit of adopting the Updated General Plan outweigh tf incremental contribution to regional Air Quality ar Circulation impacts.ll 3. The Master Environmental Impact Report (EIR 93-03 and Addendum are amended to include the comments and document of those testifying at the public hearings and responsc thereto, and found to be in good faith and reason and 1 incorporating a copy of the minutes of said public hearings int the Report, 4. The Mitigation Monitoring Checklist (Exhibit II E to Planning Commission Resolution No. 3630 and Appendix ltBtl c 4 1 2 3 4 5 6 7 8 9 10 11 - 12 um $yz 3:zz dtq 9 Onk I ai 2&%< 02-10 ""90 003 LOV, >?% 60 &E& a08 JOW2 _ILL0 <OJ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a the Technical Appendix to the EIR) is approved with th following changes to be made: a) On page 13, insert the following item as Ai Quality Item No. 16 in the checklist, with all subsequent item renumbered accordingly: "The City will study the impact of commercial an industrial development on housing demand and th ability of local employees to afford local housing Where adverse impacts are identified, mitigatic measures may be considered to reduce the impact These measures include, but are not limited to, th requirement of commercial and industrial developer and employers to contribute an in-lieu fee towards th production of affordable housing and employs assistance to finance affordable housing for thei employees. (Housing Element, Program 4.1)It b) On page 45, Cultural and Paleontologica Resources No. 10, change the word trandtt to ttor*t. so that tk introductory phrase reads as follows: "Prohibit the alteration of properties, with state c national significance...t1 c) On page 47, Noise No. 6. delete the fire sentence, which reads: "Enforce the policy of the City that sixty-five (65 dBA CNEL is the exterior noise level to which a1 residential units should be mitigated."; also, chanc '(65) 1 to ' (60) 1 in the next (now first) sentenc following the word ttsixty't. 5. That among the alternatives evaluated, the Cit Council finds that the project, as defined in the MEIR and tk staff report, which incorporates mitigation measures E discussed below, is approved for implementation. 6. That the City Council adopts and incorporatc Planning Commission Resolution No. 3631 approving the General 5 1 2 3 4 5 6 7 a 9 10 11 0 &E ;ggg 2,m a08 iLLa 0wg aoaa 9 ('DL 8 ai SL%a OZJO 052 aod !=om E22 00 [TCC~~ - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e Plan Amendment updating all elements to the City of Carlsba General Plan except as specifically changed herein: a) Amend the Land Use Element of the Genera Plan, Section I1 ItDescription of the Land Use Plant1 to chang the word tlavl to Itbe" in the third sentence after the word 91will and before the word , "comprehensivevv in subsection D. 7. a 'ISpecial Planning Considerationst1 (Barrio) (at page 25). b) Amend the Land Use Element of the Genera Plan, Section I11 "Goals, Objectives and Implementing Policie and Action Programsll, to delete the words "both existing and from subsection C.12 in llCommercialll (at page 33). c) Amend the Land Use Element of the Genera Plan, Section I11 "Goals, Objectives and Implementing Policie and Action Programst1 by adding the following new policy C. 13 i llCommerciallt (at page 33) : "C. 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." d) Amend the Land Use Element of the Genera Plan, Section I11 IIGoals, Objectives, and Implementing Policie and Action Programst1 to add the word lttrailslg after the phras ttrecreation areas, 'I in IITransportation Corridor" subsection B. (Objectives) (at page 37). e) Amend the Open Space Planning an Conservation Element of the General Plan, Section I11 "Goals Objectives and Implementing Policies and Action Programst1 b 6 - o> &E& Lg 608 iUC3 ow: ~oaa m>iz OZJO <>a$ anqo 003 Loo pz 00 kk"58 9 0DLL 8 4- zwo 601 - 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 e a adding the following new policy C. 30 in "Open Space Planning an' Protectiontg (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 incorporate Planning Commission Resolution Nos. 3661, 3662, 3663 and 366 recommending approval of the Seapointe Resort Negativ Declaration for the General Plan Amendment, General Pla Amendment (GPA 93-04), Zone Change (93-05) and Local Coasta Program Amendment (LCPA 93-04). a) Independent Judgment: The City Council find that the Negative Declaration reflects the City Council' independent judgment. b) Location and Custodian of Record c Proceedings. Pursuant to Public Resources Code sectic 21081.6 (a), all the materials that constitute the administrati\ record in this proceeding are in the custody of and can be four in the offices of the City Clerk and the Director of Planning j the City of Carlsbad. The administrative record includes, bl is not limited to: the Negative Declaration and all publj comments thereon received during the public review period ar responses thereto, and the proceedings of the Plannir Commission and the City Council thereon.Il 8. That these two changes to the General P1z constitute a single General Plan Amendment pursuant to tl provisions of Government Code section 65358. ~ I 7 .’ ll 0 a 1 2 3 4 5 6 7 8 9 10 11 12 00, 222 13 u.08 iU, Ow8 occ5cr aooB 15 zwv)o 2;S2 “C90 002 5sr Su8 $05‘ 14 >JZ 0Z-l - 16 pz - *r7 0 ~ EFFECTIVE DATE: This resolution shall be effectiv upon its adoption, except as to the General Plan Amendment which shall be effective (30) days following its adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting o the City Council of the City of Carlsbad, California, held o the 6th day Of SEPTEMBER, 1994, by the following vote, to Wit AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fi NOES: None ABSENT : None ~ ABSTAIN: None ATTEST : ALETHA L. RAUTENKRANZ, City Ckerk (SEAL) I 18 19 20 21 22 23 24 25 26 27 28 8