HomeMy WebLinkAbout2004-03-02; City Council; Resolution 2004-073RESOLUTION NO. 2004-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION FOR THE APPROVAL OF A
GENERAL PLAN AMENDMENT, ZONE CHANGE, AND LOCAL
COASTAL PROGRAM AMENDMENT TO CHANGE A
RESIDENTIAL LAND USE DESIGNATION TO OPEN SPACE
AND APPROVAL TO SUBDIVIDE 21.9 ACRES INTO 5
RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS
ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY
AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KIRGIS TENTATIVE MAP
CASE NO.: GPA 03-01 /ZC 03-01 /LCPA 03-0 1 /CT 02-
06/PUD 02-02/CDP 02-05/HDP 02-01
WHEREAS, Pergola, Inc., “Developer,” has filed a verified applicatio.. with th
City of Carlsbad regarding property owned by Kirgis 1996 Trust, “Owner,” described as
All that portion of Lot “F” of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration was prepared in conjunction
with said project; and
WHEREAS, the Planning Commission did on the 3rd day of September
2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold
duly noticed public hearings as prescribed by law to consider said request; and
WHEREAS, at said public hearings, upon hearing and considering all
testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Mitigated Negative Declaration; and
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WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of
February, 2004 hold a public hearing to consider the recommendations and heard all
persons interested in or opposed to GPA 03-OIIZC 03-OIILCPA 03-011CT 02-06/PUD
02-02lCDP 02-05lHDP 02-01,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as
follows:
A.
6.
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the City
Council hereby adopts the Mitigated Negative Declaration according to Exhibit “ND”
dated January 19, 2003, and “PII” dated January 15, 2003, attached hereto and made a
part hereof, based on the following findings:
Findings:
1. The City Council of the City of Carlsbad does hereby find:
a. It has reviewed, analyzed and considered the Mitigated Negative Declaration,
the environmental impacts therein identified for this project and any comments thereon
prior to approving the General Plan Amendment, Zone Change, Local Coastal Program
Amendment, Tract Map, Planned Unit Development, Coastal Development Permit, and
Hillside Development Permit; and
b. The Mitigated Negative Declaration has been prepared in accordance with
requirements of the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
c. It reflects the independent judgment of the Planning Commission of the City
of Carlsbad; and
d. Based on the EIA Part II and comments thereon, there is no substantial
evidence the project will have a significant effect on the environment.
Ill
Ill
Ill
Ill
Resolution No. 2004-073 page 2
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Conditions:
1. Developer shall implement, or cause the implementation of, the Kirgis Tentative
Map - CT 02-06 Project Mitigation Monitoring and Reporting Program attached hereto
and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 2nd day of
March , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ABSENT: None
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Resolution No. 2004-073 page 3