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HomeMy WebLinkAbout1998-09-22; City Council; Resolution 98-314% + 0 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 RESOLUTION NO. 98-314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND A SPECIFIC PLAN AMENDMENT NO. 109(B) TO REPEAL THE SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF EL CAMINO REAL TO THE SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: LINCOLN NORTH POINTE CASE NO.: SP 109(B) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, verified applications for a Specific Plan Amendment for certain property to wit: Parcel 1 of Parcel Map No. 11 IO, in the City of Carlsbad, County of San Diego, State of California, according to parcel map thereof filed in the Office of the County Recorder of San Diego County, on November 10, 1972 as File No. 3021 14 of official records. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Carlsbad Planning Commission did on August 19, 1998, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Specific Plan Amendment (SP 109(B)) to repeal Specific Plan 109; and WHEREAS, the Planning Commission did on August 19, 1998, after hearing and considering all the evidence and testimony of all people desiring to be heard, adopt Planning Commission Resolutions No. 4354 and 4355 recommending approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Specific Plan Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of September , 1998, held a duly noticed public hearing as prescribed by law to consider the Commission’s recommendations and all evidence, testimony, and argument of those persons 3 8 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 present and desiring to be heard and approved the Mitigated Negative Declaration, Mitigatior Monitoring and Reporting Program, and Specific Plan Amendment; and WHEREAS, a Mitigated Negative Declaration was issued on June 25, 1998 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the Specific Plan Amendment and other project approvals and these conditions will be reviewed through a monitoring program set up for the project; and WHEREAS, the findings and conditions of the Planning Commission Resolution Nos. 4354 and 4355 approving the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and the Specific Plan Amendment constitute the findings and conditions of the City Council; and WHEREAS, the City Council on the 22nd , day of September , 1998, approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in compliance with the City of Carlsbad Environmental Protection Ordinance and the California Environmental Quality Act. 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are approved and that the findings and conditions of the Planning Commission contained in Resolution No. 4354, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the Specific Plan Amendment is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 4355, on file with the City i Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 4. That the City Council adopts and incorporates Planning Commission Resolution Nos. 4354 and 4355 approving the Lincoln North Pointe Specific Plan Amendment. 1 -2- Y i: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 111 19 20 21 22 23 24 25 26 27 28 0 0 5. The City Council finds that the Mitigated Negative Declaration and Mitigatior Monitoring and Reporting Program, Lincoln North Pointe, reflects the independent judgment 0: the City Council of the City of Carlsbad. 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 22nd day of September 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: n " g <dl ALETHA L. RAUTENKRANZ, City Clerk ) (SEAL) I -3- / _, r.,