HomeMy WebLinkAbout1999-05-11; City Council; Resolution 99-162I1 n 0 0
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RESOLUTION NO. 99-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT, FINDINGS OF FACT, STATEMENT OF
OVERRIDING CONSIDERATION, MITIGATION MONITORING
AND REPORTING PROGRAM AND ADDITIONAL
INFORMATION APPROVING AMENDMENTS TO THE
GENERAL PLAN, ZONE 8 LOCAL FACILITIES MANAGEMENT
PLAN, AND APPROVING A TENTATIVE TRACT MAP, HILLSIDE
DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT
AND PLANNED UNIT DEVELOPMENT TO CREATE A 178 LOT
SUBDIVISION ON PROERTY GENERALLY LOCATED SOUTH
OF THE AGUA HEDIONDA LAGOON AND EAST OF MACARIO
CANYON WITHIN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH
CASE NO.: EIR 98-051GPA 97-071ZC 97-071ZCA 99-031 LCPA 97-091MP 174(B)/LFMP 87-08(B)
CT 97-1 61HDP 97-1 7CDP 97-431PUD 99-02
The City Council of the City of Carlsbad, California, does hereby resolvl
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Plar
Commission did on April 7, 1999, hold a duly noticed public hearing as prescribed by la
consider an Environmental Impact Report, Findings of Fact, Statement of overr
Consideration, Mitigation Monitoring and Reporting Program, General Plan Amendment, i
Change, Zone Code Amendment, Local Coastal Program Amendment, Master
Amendment, Local Facilities Management Zone Amendment, Tract Map, Hillside Developr
Permit, Coastal Development Permit, and Planned Unit Development; and
WHEREAS, the City Council of the City of Carlsbad, on the day 11th of
May , 1999, held a duly noticed public hearing to consider said matters and at
time received recommendations, objections, protests, and comments of all persons interestc
or opposed to the Environmental Impact Report, Findings of Fact, Statement of Overr.
Consideration, Mitigation Monitoring and Reporting Program and Additional Information, Ger
Plan Amendment, Zone Change, Zone Code Amendment, Local Coastal Program Amendn
Master Plan Amendment, Local Facilities Management Zone Amendment, Tract Map, Hill
Development Permit, Coastal Development Permit, and Planned Unit Development.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of thc
of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council certifies Supplemental EIR 98-05, Findings of
Statement of Overriding Consideration, Mitigation Monitoring and Reporting Program
Additional Information and approves GPA 97-07, ZC 97-07, ZCA 99-03, LCPA 97-09
174(B), LFMP 87-08(B), CT 97-16, HDP 97-17, CDP 97-43, PUD 99-02 and that the fin1
and conditions of the Planning Commission as amended in Resolutions No. 4491, 4492,‘
4543,4494,4495,4496,4497,4498,4499, and 4500 on file with the City Clerk and made t
hereof by reference are the findings and conditions of the City Council in this mi
3. That Planning Commission Resolution No. 4497 is hereby amende
the City Council as follows:
a. That the first sentence of Condition No. 24 is revised to read
approval is for subdivision of the property into 178 lots.”
b. That Condition No. 28 is revised to read “A deed restriction sh:
placed on Lot 162 limiting a portion of its use to day care and 01
167 for use by the Agua Hedionda Lagoon Foundation i
NatureNisitor Center.”
c. That Condition No. 31 is hereby deleted.
4. That the Zone Change, ZC 97-07, is approved as shown in Ordin; NS- 482 , on file with the City Clerk and incorporated herein by reference.
5. That the Zone Code Amendment ZCA 99-03 and Local Coastal Pro!
Amendment, LCPA 97-09, are approved as shown in Ordinance NS- 483 , on file
the City Clerk and incorporated herein by reference.
6. That the Master Plan Amendment, MP 174(B), is approved as show
Ordinance NS- 484 , on file with the City Clerk and incorporated herein by referencc
7. This action is final the date this resolution is adopted by the City Cou
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for JUC
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 the appropriate court
not later than the nineteenth 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 deposit in an
amount sufficient to cover the estimated cost or 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
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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, CA 92008”
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci
Carlsbad on the 11th day of May 1999, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, and Nygaard
NOES: None
ABSENT: Council Members Hall and Kulchin
ATTEST:
I 1
(SEAL)
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