HomeMy WebLinkAbout2001-10-23; City Council; Resolution 2001-31810
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RESOLUTION NO. 2001-318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CERTIFYING PROGRAM
ENVIRONMENTAL IMPACT REPORT 98-07, APPROVING
CANDIDATE FINDINGS OF FACT, THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING
A GENERAL PLAN AMENDMENT, LA COSTA MASTER PLAN
AMENDMENT, VILLAGES OF LA COSTA MASTER PLAN,
LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE IO,
LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR
ZONE 11, MASTER TENTATIVE MAP AND HILLSIDE
DEVELOPMENT PERMIT FOR THE GREENS, AND A MASTER
TENTATIVE MAP, PLANNED UNIT DEVELOPMENT PERMIT,
AND A HILLSIDE DEVELOPMENT PERMIT FOR THE RIDGE
AND THE OAKS FOR THE VILLAGES OF LA COSTA PROJECT
ON 1,866.4 ACRES GENERALLY LOCATED 2,500 FEET
SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO
REAL, NORTH AND EAST OF LA COSTA AVENUE, AND
STRADDLING PORTIONS OF RANCH0 SANTA FE ROAD IN
THE SOUTHEAST QUADRANT WITHIN LOCAL FACILITIES
MANAGEMENT ZONES IO AND 11.
CASE NAME: VILLAGES OF LA COSTA
CASE NO.: EIR 98-07/GPA 98-011 MP 149(Q)/ MP 98-
OIILFMP lO/LFMP 11 (B)/CT 99-03/HDP 99-
Ol/CT 99-04/PUD Ol-08/HDP 99-02
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on August 29, 2001 and September 5, 2001, the Carlsbad Planning
Commission held duly noticed public hearings to consider a proposed Environmental Impact
Report (EIR 98-07) General Plan Amendment (GPA 98-01) La Costa Master Plan Amendment
(MP 149(Q)), Villages of La Costa Master Plan (MP 98-Ol), Local Facilities Management Plan
for Zone 10 (LFMP IO), Local Facilities Management Plan Amendment for Zone 11 (LFMP
11 (B)), Master Tentative Map for The Greens (CT 99-03), Hillside Development Permit for The
1 Greens (HDP 99-Ol), Master Tentative Map for The Ridge and The Oaks (CT 99-04) Planned
~ Unit Development Permit (PUD 01-08) and a Hillside Development Permit for The Ridge and
I , The Oaks (HDP 99-02) for project development on 1,866.4 acres of land and adopted Planning
/ Commission Resolutions No. 5010, 501 I, 5012, 5013, 5014, 5015, 5016, 5017, 5020, 5021,
1 and 5022, respectively, recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on October 23 , 2001
held a public hearing to consider the recommendations and heard all persons interested in or
opposed to EIR 98-07, GPA 98-01, MP 149(Q), MP 98-01, LFMP IO, LFMP 1 l(B), CT 99-03,
HDP 99-01, CT 99-04, PUD 01-08, HDP 99-02; 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 60 day review period. All comments received from
that review period are contained in the Final Program EIR as well as the responses to
comments.
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 98-07) on the above referenced
project is certified and that the Candidate Findings of Fact, Statement of Overriding
Considerations, and the Mitigation Monitoring and Reporting Program are approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5010, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council except as amended by the following:
2.A. Mitioation Measure 4.5-6.
Sites 11569 and 11570: Prior to issuance of a grading permit in the Oaks area of
sites 11569 and 11570, a qualified archaeologist shall prepare a data recovery
research plan to be approved by the City Planning Director for the analysis,
excavation and data recovery of the sites and preparation of a report placing the
sites in historical context. Such analysis, excavation and report shall be completed
by the qualified archaeologist prior to disturbance of the sites who shall comply with
all legal requirements for Native American monitoring and notification if Native
American remains are present.
2.B. The following should be inserted to the CEQA Candidate Findings to add Mitigation
4.5-6 (Archaeological Condition)
[to be added on page 48, insert immediately before Section 2.6.1
2.5.4 Archaeological Resources Impacts - La Costa Ridge/Oaks.
Impact. Sites 11569 and 11570 are located in areas proposed for development in
the northeastern portion of La Costa Oaks.
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Finding. With incorporation of the following mitigation measure, the identified
direct significant impact would be avoided and thereby reduced below a level of
significance.
Mitigation Measure 4.5-6: Prior to the issuance of a grading permit in the Oaks area
of sites 11569 and 11570, a qualified archaeologist shall prepare a data recovery
research plan to be approved by the City Planning Director for the analysis,
excavation and data recovery of the sites and preparation of a report placing the , sites in historical context. Such analysis, excavation and report shall be completed
by the qualified archaeologist prior to disturbance of the sites who shall comply with
all legal requirements for Native American monitoring and notification if Native
American remains are present.
Factual Support and Rationale. Field archaeological studies, site visits and review
of prior field investigations and reports identified the potential for significant
archaeological artifacts as the investigations indicated the possible use of the sites
as possible Native American camp or other activity sites requiring mitigation to
avoid potential significant impacts. State law provides for specific procedures and
coordination with the County coroner’s office and Native American Heritage
Commission in the event that human remains are discovered during the site
investigations, which will be undertaken prior to any disturbance by a qualified
archaeologist. Carlsbad’s practices and procedures adhere to these State laws as
well. The on-site investigation, recovery and preparation of the archaeologist’s prior
to any ground disturbance in the area of the sites report will fully mitigate the
potential for significant impacts and any Native American remains or other sacred
objects will be properly turned over to the most likely descendant, or consultation
with that tribe or individual, with respect to any remains or sacred objects. As the
Project area is substantially constrained by extensive designation of biological
habitat and preserve areas and associated development or impact areas are
thereby limited, avoidance was impractical and pre-disturbance on-site study,
recovery and preparation of the accompanying report prior to disturbance is the
most practical mitigation measure.
3. That the recommendation of the Planning Commission for the approval of the
General Plan Amendment (GPA 98-01) is approved and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolution No. 5011, on file with the
City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
4. That the recommendation of the Planning Commission for the approval of the La
Costa Master Plan Amendment (MP 149(Q)) is approved and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolution No. 5012, on file with
the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council and Ordinance NS-604 shall be adopted according to law.
5. That the recommendation of the Planning Commission for the approval of the
Villages of La Costa Master Plan (MP 98-01) is approved and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolution No. 5013, on file with
the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council and Ordinance NS-605 shall be adopted. according to law.
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6. That the recommendation of the Planning Commission for the approval of the
Local Facilities Management Plan for Zone 10 (LFMP 10) is approved and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 5014,
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
7. That the recommendation of the Planning Commission for the approval of the
Local Facilities Management Plan Amendment for Zone 11 (LFMP 11 (B)) is approved and that
the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5015, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
8. That the recommendation of the Planning Commission for the approval of the
Master Tentative Map for The Greens (CT 99-03) is approved and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 5016,
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council, except as amended by the following:
8.A. Modify Condition No. 59 J of Planning Commission Resolution No. 5016 to read as
follows:
Provide for the construction and installation of a fully actuated traffic signal at the
intersection of Alga Road and Estrella De Mar.
9. That the recommendation of the Planning Commission for the approval of the
Hillside Development Permit for The Greens (HDP 99-01) is approved and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 5017,
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
10. That the recommendation of the Planning Commission for the approval of the
Master Tentative Map for The Ridge and The Oaks (CT 99-04) is approved and that the findings
and conditions of the Planning Commission contained in Planning Commission Resolution No.
5020, on file with the City Clerk and incorporated herein by reference, are the findings and
conditions of the City Council, except as amended by the following:
10.A. The future “Hillside Street” between Avenida Diestro and the extension of La
Costa Ave. as shown on exhibit ZZZZ and located within Planning Area 3.15
shall be considered a single IoadeGide street. The right of way width for this
street shall be 47’ with a single sidewalk located on the west side of the street.
The reduction of street right of way shall cause the pad and the slope to be
shifted to the east to allow for a greater buffer between homes fronting on Calle
Gavanzo and the proposed slopes of this project. The proposed grading and pad
configuration shown on the tentative map shall be revised to delineate this
condition.
10.B. The following should be added to Planning Commission Resolution No. 5020 as
part of condition 63 as new item “G.“:
Prospective purchasers of property are hereby notified that the area located east
of Ranch0 Santa Fe Road and north of La Costa Avenue is designated for
commercial development.
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1o.c. The Developer shall submit and obtain Planning Director approval of a Tree
Preservation Plan for all existing Oak Trees located in the area of the proposed
extension of La Costa Avenue east of Camino De Los Coaches showing existing
onsite trees to be preserved, prior to the issuance of a grading permit. Existing
onsite trees shall be retained wherever possible and shall be trimmed as needed.
Trees that need to be removed as a result of the grading and improvements
shown on the tentative map shall be relocated with the first priority for their new
location being Lot 178. Trees determined by a qualified arborist, biologist, or
registered landscape architect to be dead shall be replaced on a tree-for-tree
basis with minimum 36” box specimens.
11. That the recommendation of the Planning Commission for the approval of the
Planned Unit Development Permit (PUD 01-08) is approved and that the findings and conditions
of the Planning Commission contained in Planning Commission Resolution No. 5021, on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council.
12. That the recommendation of the Planning Commission for the approval of the
Hillside Development Permit for The Ridge and The Oaks (HDP 99-02) is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 5022, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
“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 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 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.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 23x-d day of OCTOBER , 2001, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hall
NOES: None
ABSENT: Council Member Kulchin
k
(SEAL)
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