HomeMy WebLinkAbout2002-10-08; City Council; Resolution 2002-2981
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RESOLUTION NO. 2002-298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING PROGRAM
CANDIDATE FINDINGS OF FACT, THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND
APPROVING A GENERAL PLAN AMENDMENT, ZONE
CHANGE, CARLSBAD OAKS NORTH SPECIFIC PLAN,
CARLSBAD AIRPORT BUSINESS CENTER SPECIFIC PLAN
AMENDMENT, AND ZONE 16 LOCAL FACILITIES
MANAGEMENT PLAN AMENDMENT FOR THE CARLSBAD
OAKS NORTH SPECIFIC PLAN PROJECT GENERALLY
LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN
EL CAMINO REAL AND THE CITY'S EASTERN BOUNDARY
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: CARLSBAD OAKS NORTH SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT 98-08, APPROVING
CASE NO.: EIR 98-08IGPA 97-05/ZC 97-05/SP 21 1/SP
200(B)/LFMP 16(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
l4 follows:
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16 a duly noticed public hearing to consider a proposed Program Environmental Impact
Report (EIR 98-08), General Plan Amendment (GPA 97-05), Zone Change (ZC 97-05),
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WHEREAS, on August 21, 2002, the Carlsbad Planning Commission held
19 Carlsbad Oaks North Specific Plan (SP 21 I), Carlsbad Airport Business Center Specific
20 Plan Amendment (SP 200(B)), Zone 16 Local Facilities Management Plan Amendment
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recommending to the City Council that EIR 98-08, GPA 97-05, ZC 97-05, SP 21 1, SP 23
Commission Resolutions No. 5244, 5245, 5246, 5247, 5275 and 5248 respectively, 22
(LFMP 16(A)), CT 97-13, HDP 97-10, PIP 02-02, and SUP 97-07, and adopted Planning
24 200(B), and LFMP 16(A); and
25 WHEREAS, the City Council of the City of Carlsbad, did on the 8th day of
27 26 II October, 2002, hold a public hearing to consider the recommendations and heard all
28 persons interested in or opposed to EIR 98-08, GPA 97-05, ZC 97-05, SP 211, SP
200(B), and LFMP 16(A); and
Page 1 of Resolution No. 2002-298
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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 45 day review period. All
comments received from that review period are contained in the Final Program EIR as
well as the responses to comments; and
WHEREAS, the recommendation of the Planning Commission for the
approval of the Carlsbad Airport Business Center Specific Plan (SP 200(B)) is approved
and that the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 5275, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council and Ordinance No. NS-647
shall be adopted according to law except as modified herein; and
WHEREAS, City of Vista has objected that Carlsbad is not requiring
physical intersection improvements or paying to Vista a sum of money to pay for a
portion of those improvements in the city of Vista to two intersections: Faraday/Melrose
and SycamorelMelrose (the "Two Intersections"). While the Program EIR indicates
these intersections will be adversely impacted by project traffic, the identified mitigation
measure is the physical improvement of the two intersections. As set forth in the
Candidate Findings, as these two intersections are not in the City of Carlsbad, but rather
are surface street and circulation element facilities in the City of Vista, the specific finding
of California Environmental Quality Act ("CEQA) Section 21081(a)(2) is appropriate as
to the actual physical mitigation and that sections states:
"(2) Those changes [the physical mitigation] or alterations are within the
responsibility and jurisdiction of another public agency [City of Vista] and have been, or
can and should be, adopted by that other agency." [Parenthetical added]
WHEREAS, the City of Carlsbad has no jurisdiction or authority to
undertake or cause physical public street improvements in the City of Vista; and
Page 2 of Resolution No. 2002-298
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WHEREAS, Carlsbad's jurisdictional authority and police power is limited to
its incorporated city limits. Conversely, the City of Vista has the legal authority and duty
to design, improve and plan for its surface street improvements as part of its Circulation
Element of its General Plan, and has done so when it caused to be constructed the Two
Intersections in the existing design and configuration; and
WHEREAS, the road segments were intended to be connected to future
Faraday and Melrose road segments in the City of Carlsbad and thereby complete an
integrated regional or inter-city road network to handle regional traffic patterns; and
WHEREAS, Section 21081(a)(2) was intended as an alternative finding,
recognizing that lead agencies have only jurisdiction and authority which is limited to their
boundaries; and
WHEREAS, it is an express statutory alternative to requiring physical
mitigation under the precise circumstances outlined here. The City of Vista has the
?esponsibility for adequately designing and improving its circulation and other surface
streets, taking into account the surrounding long standing land uses elsewhere in the
.egion and that responsibility should not be transferred to the lead agency; and
WHEREAS, Vista, apparently did not exercise that responsibility to fully
mprove or design the Two intersections so as to accommodate the projected future
.egional traffic loads it; and
WHEREAS, Vista had the present ability to condition projects within its
urisdiction to construct and pay for needed and anticipated traffic circulation
mprovements and invited and planned for them as evidenced by Vista's constructing
-araday and Melrose to the very City limits of Carisbad; and
WHEREAS, the identified mitigation (improvement of the Two
ntersections) is (1) outside the jurisdiction of Carlsbad, (2) within the jurisdiction of Vista,
'age 3 of Resolution No. 2002-298
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and (3) can or should be undertaken by Vista as part of its public street network and
General Plan Circulation Element; and
WHEREAS, to conclude otherwise, would be to delay, frustrate, delete or
otherwise interfere with governmental duties and powers Vista exercises within its own
city limits, while the cities around Vista, including Carlsbad, undertake to adequately size
and design the public street intersections within its own city to handle both existing and
future traffic patterns created by the interconnecting regional road network; and
WHEREAS, Vista’s request for money .to improve the Two Intersections
does not relieve it of its responsibility to design, improve and fund traffic circulation
improvements within its jurisdiction which should have been exercised previously for
those projects which have generated traffic both in Vista and Carlsbad and regionally:
and
WHEREAS, the request for money will not relieve or eliminate any adverse
environmental impacts until and unless the improvements are constructed; and
WHEREAS, Vista has previously approved numerous projects within its
jurisdiction that have generated traffic in Carlsbad and throughout the region without
mitigation conditions in those other jurisdictions,
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 98-08) 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. 5244, on file with the City Clerk and incorporated
Page 4 of Resolution No. 2002-298
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lerein by reference, are the findings and conditions of the City Council except as
lodified below.
3. That the recommendation of the Planning Commission for the
lpproval of the General Plan Amendment (GPA 97-05) as shown in Planning
:ommission Resolution No. 5245, is hereby accepted, approved in concept and shall be
wmally approved in connection with General Plan Amendments GPA 98-03, and GPA
11-13,
4. That the recommendation of the Planning Commission for the
lpproval of the Zone Change (ZC 97-05) is approved and that the findings and
:onditions of the Planning Commission contained in Planning Commission Resolution
lo. 5246, on file with the City Clerk and incorporated herein by reference, as the findings
Ind conditions of the City Council and Ordinance No. NS-645 shall be adopted according
3 law.
(a) Condition: This approval shall be null and void if the project
,ite subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days
If the approval. The City shall not issue any grading, building, or other permit, until the
Innexation is completed. The City Manager is authorized to extend the 60 days, for a
leriod deemed necessary, upon a showing of good cause.
(b) Revisions: The following revisions shall be incorporated into
he final draft of the Specific Plan:
(1) Second "unnumbered" page of Specific Plan under
lwner: Delete Escondido Serenas Development, Inc.
(2) Page 111-22: § G, Item la. Line 4 shall be revised to
ead as follows: "...one (secondary) permanent ground sign, not to exceed 12 feet in
mgth and 4 feet in height, will be ..."
'age 5 of Resolution No. 2002-298
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5. The Two Intersections are outside the City limits of Carlsbad and
therefore, under CEQA Section 21081(a)(3), the identified mitigation (improvement of the
Two Intersections) is not feasible for Carlsbad because of lack of jurisdiction in the City
of Vista and limitations on the exercise of governmental authority and police power to its
own incorporated area and recognizing the fact that CEQA does not grant additional
police power or jurisdiction, the improvement of the Two Intersections is beyond the
authority of Carlsbad and hence infeasible within the meaning of CEQA.
6. The Findings of Fact and Statement of Overriding Considerations
attached to Planning Commission Resolution No. 5244 are incorporated except as
modified herein. The Statement of Overriding Considerations beginning a page 62
recognize that the EIR identifies several significant environmental impacts that are not
being mitigated and the City of Carlsbad sets forth the specific overriding economic,
legal, social and other benefits of the project that outweigh the identified unmitigated
significant effects on the environment associated with the project. The Statement of
Overriding Considerations set forth in the Final Program EIR are hereby supplemented to
make it clear that the Statement of Overriding Considerations is adopted with regard to,
and applies to, the Two Intersections and the inability to cause the identified mitigation of
Two Intersections in addition to the other identified unmitigated significant effects. This
clarification is made on an alternative basis under CEQA Section 21081(b), in addition to
and not in substitution of the prior finding under CEQA Section 21081(a)(2).
7. That the recommendation of the Planning Commission for the
approval of the Zone 16 Local Facilities Management Plan Amendment (LFMP 16(A)) is
approved and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution No. 5248, on file with the City Clerk and incorporated
herein by reference, are the findings and conditions of the City Council.
Page 6 of Resolution No. 2002-298
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8. This action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time Limits for
Judicial 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 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
the 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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Page 7 of Resolution No. 2002-298
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I
2ouncil c
wit:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
~f the City of Carlsbad on the 8th day of October 2002, by the following vote, to
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
4TTEST:
fLkWd77-
-ORFtP(INIi M. WOOD, City Clerk
:SEAL)
Page 8 of Resolution No. 2002-298