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HomeMy WebLinkAbout1998-11-17; City Council; Resolution 98-337-I, 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. 98-337 e *. ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, A STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING CANDIDATE FINDINGS OF FACT, THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING ' A GENERAL PLAN AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AMENDMENT, LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, TENTATIVE TRACT MAP, SITE DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT, AND A HILLSIDE DEVELOPMENT PERMIT FOR THE TERRACES AT SUNNY CREEK PROJECT ON 57.5 ACRES GENERALLY LOCATED NORTH OF THE EXISTING INTERSECTION OF EL CAMINO REAL AND COLLEGE BOULEVARD. CASE NAME: TERRACES AT SUNNY CREEK CASE NO.: EIR 98-01/GPA 96-01/ZC 96-01/SP 19O(B)/ LFMP 87-1 5(B)1 CT 96-021 SDP 97-021 PUD 96-021 HDP 96-02 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on June 3, 1998, June 17, 1998, and July 1, 1998, the Carlsbad Planning Commission held duly noticed public hearings to consider a proposed Environmental Impact Report (EIR 98-01), General Plan Amendment (GPA 96-01), Specific Plan Amendment (SP 190 (B)), Zone Change (ZC 96-01), Local Facilities Management Plan Amendment (LFMP 87-15(B)), Tentative Tract Map (CT 96-02), Site Development Plan (SDP 97-02), Planned Development Permit (PUD 96-02), and Hillside Development Permit (HDP 96-02) for project development on 57.5 acres of land, adopted Planning Commission Resolutions No. 4287 through 4295, respectively, recommending to the City Council that they be approved ; and WHEREAS, the City Council of the City of Carlsbad, on the 17th day of November , 1998 held a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 98-01/GPA 96-01/ZC 96-011SP 19O(B)/LFMP 87- 15(B)/CT 96-021SDP 97-02/PUD 96-02/HDP 96-02; and I ~ WHEREAS, an Environmental Impact Report was prepared and submitted to the ~ I State Clearinghouse and a Notice of Completion was filed, published, and mailed to responsible agencies and interested parties providing a 45 day review period. All comments received from 0 e 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 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 98-01) on the above referenced project is certified and 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. 4287, 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, hydrology, grading, schools and land use compatibility, is adequate and that public notification was in compliance with the California Environmental Quality Act, State of California Planning and Zoning Law, and the Carlsbad Municipal Code, and is adequate. 4. That the General Plan Amendment (GPA 96-01), Specific Plan Amendment (SP 190(B)), Zone Change (ZC 96-01), Local Facilities Management Plan Amendment (LFMP 87-15(B)), Tentative Tract Map (CT 96-02), Site Development Plan (SDP 97-02), Planned Development Permit (PUD 96-02), and Hillside Development Permit (HDP 96-02) for this project are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4288 through 4295, respectively, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. Conditions: 1. The Sycamore Creek Specific Plan for the development now known as the Terraces at Sunny Creek is repealed on the condition that no commercial or office use shall be allowed and no further grading, building or other development permits will be final until and unless reviewed and approved by the City Council. In order to enforce this condition, a note shall be placed on the tentative map identifying the parcel subject to this restriction. 2. The median in El Camino Real, adjacent to the future commercial site, between College Boulevard and present Sunny Creek Road, shall be constructed prior to the issuance of the first building permit relative to PUD 96-02 and shall be landscaped with specimen box trees to the satisfaction of the Planning Director. . . .. . . .. ~ II ...* I 28 /I -2- I w v. 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 3. The enhanced landscaping per Exhibit “GGG”, dated November 17, 1998, and on file in the Planning Department, shall include specimen Oak Trees and along the north side of El Camino Real between College Boulevard and Cougar Way, shall be installed to the satisfaction of the Planning Director. 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 November the City of Carlsbad on the 17th day of / 1998, by the following vote, to wit: AYES: Council Members Nygaard, Kulchin & Hall NOES: Council Members Lewis and Finnila ABSENT: None ATTEST: LL!!&4. P- ALETHA L. RAUTENlkANZ, City Clerk ] (SEAL) -3 -