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HomeMy WebLinkAbout1996-01-23; City Council; Resolution 96-37L 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-37 A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF CARLSBAD, CALIFORNIA CERTIFYING A PROGRAM ENVIRONMENTAL IMPACT REPORT, APPROVING CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT, LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 23, AND GREEN VALLEY MASTER PLAN FOR 281.2 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL. CASE NAME: GREEN VALLEY MASTER PLAN CASE NO. EIR 93-02/MP 92-01 /LCPA 93-06/LFMP 87-23 WHEREAS, on November 29 and December 13, 1995 the Carlsbad Plar Commission held a duly noticed public hearing to consider the Environmental lrr Report (EIR 93-02), Green Valley Master Plan (MP 92-01), Local Coastal Pro( Amendment (LCPA 93-06), Local Facilities Management Plan Zone 23 (LFMP 8i Hillside Development Permit (HDP 92-15) and Special Use Permit (SUP 92-05) adopted Planning Commission Resolutions Nos. 3855, 3856, 3857, 3858 respec recommending to the City Council that EIR 93-02 be certified and MP 92-01, 1 93-06 and LFMP 87-23 be approved and adopted Planning Commission ResolL Nos. 3860 and 3861 approving HDP 92-15 and SUP 92-05 subject to City Cc approval of MP 92-01; and WHEREAS, on November 29, December 13, and December 20, 199! Carlsbad Planning Commission held duly noticed public hearings to con Carlsbad Tract (CT 92-08) and adopted Planning Commission Resolution No. approving CT 92-08 subject to City Council approval of MP 92-01; and WHEREAS, the City Council of the City of Carlsbad, on January 23, 1996 a public hearing to consider the recommendations and heard all persons interc 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 in or opposed to EIR 93-02, MP 92-01 , LCPA 93-06, and LFMP 87-23; and WHEREAS, an Environmental Impact Report was prepared and submittc the State Clearing House and a Notice of Completion filed, published, and maill responsible agencies and interested parties providing a 45 day review PE Responses were prepared and incorporated into the Final Program Environm Impact Report for all comments received from that review period; and WHEREAS, mitigation measures are fully incorporated into the conditio approval and these conditions will be reviewed through a mitigation monitorinc reporting program set up for this project. NOW, THEREFORE BE IT RESOLVED by the City Council of the Ci Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the Environmental Impact Report (EIR 93-02) on the a referenced project is certified and that the Candidate Findings of and the Mitigation Monitoring and Reporting Program are approvec that the findings and conditions of the Planning Commission cont: in Planning Commission Resolution No. 3855, on file with the City 1 and incorporated herein by reference, are the findings of the Cou nci I. That the recommendation of the Planning Commission for the app of the Green Valley Master Plan is approved and that the findings conditions of the Planning Commission contained in Plar Commission Resolution No. 3856, on file with the City Clerk incorporated herein by reference are the findings and conditions c City Council Resolution No. 96-37 and Ordinance No. NS-34 shall be contemporaneously adopted. That the recommendation of the Planning Commission for the app of the Local Coastal Program Amendment (LCPA 93-06) is appr and that the findings of the Planning Commission contained in Plar Commission Resolution No. 3857, on file with the City Clerk incorporated herein by reference, are the findings of the City COL That the recommendation of the Planning Commission for the app of the Local Facilities Management Plan (LFMP 87-23) is approvec 3. 4. 5. -2- 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 that the findings of the Planning Commission contained in Plar Commission Resolution No. 3858, on file with the City Clerk incorporated herein by reference, are the findings of the City COL This action is final the date this resolution is adopted by the Council. The provision of Chapter 1.16 of the Carlsbad Municipal C "Time Limits for Judicial Review" shall apply: 6. "NOTICE TO APPLl CANT" "The time limit 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 no 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 the preparation of such record, the time within which such petition may be filed in the 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 or 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. I' .... .... .... .... .... .... .... .... .... .... .... -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Cc of the City of Carlsbad on the 23rd day of JANUARY 1996, by the following to wit: AYES: NOES: None ABSENT: None ABSTAI N : None Council Members Lewis , Nygaard, Kulchin, Finnila, Hall ATTEST - ALETHA L. RAU (SEAL) -4-