HomeMy WebLinkAbout2006-11-14; City Council; Resolution 2006-324\ b \-V*
1 RESOLUTION NO. 2006-324
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CERTIFYING PROGRAM
3 ENVIRONMENTAL IMPACT REPORT EIR 03-03, ADOPTING
THE CANDIDATE FINDINGS OF FACT, THE STATEMENT OF
4 OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
5 ROBERTSON RANCH PROGRAM EIR, AND APPROVING THE
GENERAL PLAN AMENDMENT, ZONE 14 LOCAL FACILITIES
6 MANAGEMENT PLAN AMENDMENT, AND HABITAT
MANAGEMENT PLAN PERMIT FOR THE ROBERTSON RANCH
7 PROJECT GENERALLY LOCATED NORTH OF EL CAMINO
REAL, EAST OF TAMARACK AVENUE, EAST AND WEST OF
8 COLLEGE BOULEVARD, AND EAST AND WEST OF CANNON
ROAD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 14.
9 CASE NAME: ROBERTSON RANCH MASTER PLAN
CASE NO.: EIR 03-03/GPA 02-04/LFMP 14(BVHMP 06-0410
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on May 31, 2006, June 21, 2006 and September 20, 2006, the
Carlsbad Planning Commission held duly noticed public hearings to consider a proposed
Program Environmental Impact Report (EIR 03-03), General Plan Amendment (GPA 02-04),
Zone 14 Local Facilities Management Plan Amendment (LFMP 14(B)), and Habitat
Management Plan Permit (HMP 06-04), and adopted Planning Commission Resolution No.
6105 recommending certification of EIR 03-03 and adoption of the Candidate Findings of Fact,
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program;
20 and adopted Planning Commission Resolutions No. 6107, 6108 and 6109 recommending
approval of GPA 02-04, LFMP 14(B) and HMP 06-04, respectively; and
22 WHEREAS, the City Council of the City of Carlsbad, did on the 14th . day of
23 November , 2006, hold a public hearing to consider the recommendations and heard
24 all persons interested in or opposed to EIR 03-03, GPA 02-04, LFMP 14(B), and HMP 06-04;
25 and
26 WHEREAS, a Draft Program Environmental Impact Report (DEIR) was prepared
27 and submitted to the State Clearinghouse and a Notice of Completion filed, published, and
28 mailed to responsible agencies and interested parties providing a 60-day public review period.
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1 All comments received during the review period are contained in the Final Program EIR as well
2 as the responses to comments.
3 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
4 Carlsbad, California, as follows:
5 1. That the above recitations are true and correct.
6 2. That the Program Environmental Impact Report (EIR 03-03) 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 adopted and that the
R findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 6105, on file with the City Clerk and incorporated herein by reference, are the
g findings and conditions of the City Council.
10 3. That the recommendation of the Planning Commission for the approval of the
General Plan Amendment (GPA 02-04) is hereby accepted, approved in concept and shall be
11 formally approved with Batch No. 4 of 2006, and that the findings and conditions of the
Planning Commission contained in Planning Commission Resolution No. 6107, on file with the
12 City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
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4. That the recommendation of the Planning Commission for the approval of the
14 Zone 14 Local Facilities Management Plan Amendment (LFMP 14(B)) is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
15 Resolution No. 6108, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
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5. That the recommendation of the Planning Commission for the approval of the
17 Habitat Management Plan Permit (HMP 06-04) is approved and that the findings and conditions
of the Planning Commission contained in Planning Commission Resolution No. 6109, on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council.
2Q "NOTICE TO APPLICANT'
21 "The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section 1094.6,
22 which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other
23 paper seeking judicial review must be filed in the appropriate court
not later than the ninetieth day following the date on which this
24 decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the
25 proceedings accompanied by the required deposit in an amount
sufficient to cover the estimated cost of preparation of such
26 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
27 which the record is either personally delivered or mailed to the
party, or his attorney of record, if he has one. A written request
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r
1 for the preparation of the record of proceedings shall be filed with
the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
2 Carlsbad, California 92008."
3 EFFECTIVE DATE: This resolution shall be effective upon its adoption, except
4 as to the General Plan Amendment, which shall be effective thirty (30) days following its
5 adoption.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14th day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Packard
NOES: Council Members Kulchin, Sigafoose
ABSENT: None
>, Mayor
ATTEST:
-lORRXlNE M. WOOD, City Clerk '>
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