HomeMy WebLinkAbout1998-10-06; City Council; Resolution 98-3283 0 0
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RESOLUTION NO. 98-328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND
REPORTING PROGRAM, AND A GENERAL PLAN
AMENDMENT TO CHANGE 57 ACRES OF A PROPERTY
FROM OPEN SPACE TO PLANNED INDUSTRIAL AND TO
CHANGE 57 ACRES OF ANOTHER PROPERTY FROM
PLANNED INDUSTRIAL TO OPEN SPACE ON PROPERTIES
GENERALLY LOCATED TO THE NORTH OF PALOMAR
AIRPORT ROAD BETWEEN EL CAMINO REAL AND COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: GPA 98-02
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, verified applications for a General Plan Amendment for certain
property to wit:
A portion of lot 26 of Carlsbad Tract No. CT 81-46, Unit 2,
according to Map No. 11288, filed in the Office of the County Clerk
on July 16, 1985 and a portion of lot 101 of Carlsbad Tract No. 85-
24, Unit No. 5, according to Map No. 12815, filed in the Office of
the County Clerk on May 16, 1991, all in the City of Carlsbad,
County of San Diego, State of California,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, the Carlsbad Planning Commission did on September 2, 1998, hold
a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and General Plan Amendment (GPA 98-02)) to
change -57 acres of a property from open space to planned industrial and to change .57 acres of
another property from planned industrial to open space; and
WHEREAS, the Planning Commission did on September 2, 1998, after hearing
and considering all the evidence and testimony of all people desiring to be heard, adopt
Planning Commission Resolutions No. 4372 and 4373 recommending approval of the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program, and General Plan
Amendment; and
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WHEREAS, the City Council of the City of Carlsbad, on the 6th day of
October , 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
present and desiring to be heard and approved the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program, and General Plan Amendment; and
WHEREAS, notification of a 20 day review period for a Mitigated Negative
Declaration for the project was published in a newspaper of general circulation, and a Mitigated
Negative Declaration was issued on June 27, 1998. All comments received from that review
period are fully incorporated into the conditions of approval for the General 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 Resolutions
No. 4372 and 4373 approving the Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program, and the General Plan Amendment constitute the findings and conditions of
the City Council; and
WHEREAS, the City Council on the 6th , day of October , 1998,
approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in
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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 1
Commission contained in Resolution No. 4372, on file with the City Clerk and incorporated
herein by reference, are the findings and conditions of the City Council.
3. That the General Plan Amendment is approved and that the findings and
conditions of the Planning Commission contained in Resolution No. 4373, on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City Council.
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4. That the City Council adopts and incorporates Planning Commission
Resolutions No. 4372 and 4373 approving the Courtyard By Marriott General Plan Amendment.
5. That the City Council finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, Courtyard By Marriott, reflects the independent
judgment of the City Council of the City of Carlsbad.
EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the
General Plan Amendment, which shall become effective thirty (30) days following the adoption
of the resolution by the City Council approving the Third General Plan Amendment of 1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of October 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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