HomeMy WebLinkAbout2007-09-18; City Council; Resolution 2007-1991 RESOLUTION NO. 2007-199
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING A
4 CONSISTENCY DETERMINATION FOR THE MCCLELLAN-
PALOMAR AIRPORT COMPREHENSIVE LAND USE PLAN, A
5 GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL
PLAN LAND USE AND OPEN SPACE AND CONSERVATION
6 ELEMENT DESIGNATIONS FROM PLANNED INDUSTRIAL AND
UNPLANNED AREA TO OPEN SPACE ON A PORTION OF THE
7 SITE, A LOCAL COASTAL PROGRAM AMENDMENT AND A
COASTAL DEVELOPMENT PERMIT TO DEVELOP A 5.9-ACRE
8 PARCEL WITH A 84,894 SQUARE FOOT OFFICE BUILDINGS
LOCATED ON THE SOUTHEAST CORNER OF PALOMAR
9 AIRPORT ROAD AND AVIARA PARKWAY IN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
10 LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: KELLY/JRM OFFICE BUILDING
H CASE NO.: GPA 04-20/LCPA 06-05/CDP 03-03
12 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:13
WHEREAS, a portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 299314
is located within the Airport Influence Area of the McClellan-Palomar Airport Comprehensive
Land Use Plan; and16
WHEREAS, all development within the Airport Influence Area must adhere to the
provisions of the Comprehensive Land Use Plan for the McClellan-Palomar Airport; and18
WHEREAS, the San Diego County Airport Land Use Commission, represented
as the San Diego County Regional Airport Authority, has determined that the office development
_, on said lot is inconsistent with the Noise/Land Use Compatibility Matrix in that a portion of the
jj site is located within the 70-75 dBA Community Noise Equivalent Level (CNEL) noise contour;
23 and
24 WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and
25 Public Utilities Code, Section 21676, the City Council of the City of Carlsbad may, with a two-
26 thirds majority vote, elect to override the determination of the Airport Land Use Commission;
27 and
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1 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
2 Commission did, on May 16, 2007, hold a duly noticed public hearing as prescribed by law to
3 consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
4 General Plan Amendment (GPA 04-20), Local Coastal Program Amendment (LCPA 06-05) and
5 Coastal Development Permit (CDP 03-03); and
6 WHEREAS, the City Council of the City of Carlsbad, on the I8i-h day of
7 September . 2007, held a duly noticed public hearing to consider said Mitigated Negative
8 Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Local
9 Coastal Program Amendment and Coastal Development Permit and at that time received
10 recommendations, objections, protests, comments of all persons interested in or opposed to the
11 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and/or GPA
12 04-20, LCPA 06-05 and CDP 03-03.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
14 of Carlsbad as follows:
1. That all recitations are true and correct.
2. That the City Council finds that the proposed office development on
, 7 Parcel "C" and all of Parcel "D" of Parcel Map No. 2993, as conditioned with internal noise
reduction, Notices of Restrictions, Hold Harmless Agreements, and Avigation easements would
jo minimize the public's exposure to excessive noise within areas around the airport to the greatest
extent possible, considering that the development is proposed on a legally created lot and is
j9 consistent with the underlying Planned Industrial General Plan Land Use Zoning designations.
2Q 3. That based upon the above findings, the City Council approves the
recommended override, as to noise compatibility only, of the San Diego County Regional Airport
2i Authority's determination of non-consistency with the Comprehensive Land Use Plan for the
McClellan-Palomar Airport.
22 4. That the findings and conditions of the Planning Commission as set forth
23 in Planning Commission Resolutions No. 6296, 6297, 6299 and 6300 on file with the City Clerk
and made a part hereof by reference, are the findings and conditions of the City Council.
24 5. That the application for a Mitigated Negative Declaration and Mitigation
25 Monitoring and Reporting Program, Local Coastal Program Amendment and Coastal
Development Permit on property generally located on the southeast corner of Palomar Airport
26 Road and Aviara Parkway is approved as shown in Planning Commission Resolutions No.
6296, 6297, 6299 and 6300.
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6. That the application for a General Plan Land Use Map and Open Space
and Conservation Map Amendment from Planned Industrial and Unplanned Area to Open
Space on property generally located on the southeast corner of Palomar Airport Road and
Aviara Parkway as shown in Planning Commission Resolution No. 6297, is hereby accepted,
approved in concept and shall be included in the second General Plan Amendment of 2007.
7. This action shall not become final until Local Coastal Program
Amendment (LCPA 06-05) is approved by the California Coastal Commission and the California
Coastal Commission's approval becomes effective. The Provisions of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 18tb day of September 2007, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LORRAINE I/I. WOOD, Ay Clerk '
(SEAL)
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