HomeMy WebLinkAbout1998-01-20; City Council; Resolution 98-101
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RESOLUTION NO. 98-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,’
CALIFORNIA, CERTIFYING PROGRAM ENVIRONMENTAL IMPACT
REPORT, APPROVING CANDIDATE FINDINGS OF FACT, THE
STATEMENT OF OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING GENERAL PLAN AMENDMENT, LOCAL COASTAL
PROGRAM AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AND A
LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR THE
POINSETTIA PROPERTIES SPECIFIC PLAN PROJECT ON 91.9
ACRES GENERALLY LOCATED WEST OF AVENIDA ENCINAS, EAST
OF CARLSBAD BOULEVARD, NORTH OF LAKESHORE GARDENS
MOBILEHOME PARK AND THE PONTO ROAD AREA, AND SOUTH OF
THE NCTD POINSETTIA TRANSIT STATION AND LANlKAl LANE
MOBILEHOME PARK.
CASE NAME: POINSETTIA PROPERTIES SPECIFIC PLAN
CASE NO: EIR 96-011GPA 95-061LCPA 96-031SP 2101ZC 95-061LFMP 87-22(A).
WHEREAS, on November 5, 1997, November 19,1997 and December 3,
1997, the Carlsbad Planning Commission held duly noticed public hearings to consider
a proposed Environmental Impact Report (EIR 96-01), General Plan Amendment (GPA
95-06), Local Coastal Program Amendment (LCPA 96-03), Specific Plan (SP 21 0),
Zone Change (ZC 95-06), and Local Facilities Management Plan Amendment (LFMP
87-22(A)) for project development on 91.9 acres of land and adopted Planning
Commission Resolutions No. 4157, 4158,4159,4161, and 4162, respectively,
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on January 6, 1998
and January 13, 1998, held public hearings to consider the recommendations and
heard all persons interested in or opposed to EIR 96-01/GP95-06/LCPA 96-03/SP
21 O/ZC 95-06/LFMP 87-22(a); and
WHEREAS, an Environmental Impact Report 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. All
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comments received from the review period are fully incorporated into the conditions of
approval for the project and these conditions will be reviewed through a mitigation
monitoring and reporting program set up for this project,
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 96-01) on the above
referenced project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigated Monitoring and Reporting Program are
approved, and that the findings and conditions of the Planning Commission contained
in Planning Commission Resolution No. 4157, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3.. That the City Council finds that the EIR, including areas of concern
such as biology, air quality, traffic, noise, views, water, schools and land use
compatibility, is adequate, and that public notification was in compliance with the
CEQA, Planning and Zoning Law and Carlsbad Municipal Code, and is adequate.
4. That the General Plan Amendment (GPA 95-06), Local Coastal
Program Amendment (LCPA 96-03), Specific Plan (SF 210) and Zone Change (ZC 95-
06), and Local Facilities Management Plan Amendment (LFMP 87-22(A)) for this
project are approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolutions No. 41 58, 4159, 4161 and 4162,
respectively, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council with the following new conditions:
a. 923 units are specifically not allowed and instead there will
be allowed a total of 823 units. The reduction in the number of units shall come from
the areas more distant from the existing transit station and densities near the transit
station shall be preserved whenever possible in keeping with the transit oriented
development concepts. Affordable housing obligations shall be reduced accordingly.
b. 75% of the trees in the Poinsettia Properties Specific Plan
(SP 210) shall be canopy trees and eucalyptus trees are specifically prohibited.
c. The final graded elevations of parcels B and C of the
Poinsettia Properties Specific Plan shall be as close as possible to the elevation of the
northbound lanes of Carlsbad Boulevard while still permitting both sites to gravity drain
and sewer to existing facilities. The elevations of parcels B and C shall not be raised in
order to improve views within the Specific Plan. Structures shall have a maximum
height of 30 feet. No building shall exceed a height of 30 feet and two stories if a
minimum roof pitch of three to twelve (3:12) is provided, or 24 feet and two stories if
less than a three to twelve (3:12) roof pitch is provided, however, the City Council would
be inclined to review favorably proposals for structures having a maximum height of 28
feet on parcels B and C.
5. This action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I 6 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall 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
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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
the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008."
EFFECTIVE DATE: This resolution shall be effective upon its adoption,
except as to the General Plan Amendment, which shall be effective thirty (30) days
following its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 20 th - day of January 1
1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
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Attest:
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