HomeMy WebLinkAbout2012-01-10; City Council; Resolution 2011-2851 RESOLUTION NO. 2011-285
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING THE REFINED NO
3 AFFORDABLE HOUSING SITE ALTERNATIVE OF AN
ENVIRONMENTAL IMPACT REPORT EIR 09-01, ADOPTING
4 THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING
5 A GENERAL PLAN AMENDMENT GPA 09-02 TO AMEND THE
LAND USE AND OPEN SPACE CONSERVATION ELEMENTS
6 OF THE GENERAL PLAN FROM RESIDENTIAL LOW-MEDIUM
DENSITY (RLM, 0-4 DU/AC) TO RESIDENTIAL MEDIUM
7 DENSITY (RM, 4-8 DU/AC) AND THE REDISTRIBUTION OF
OPEN SPACE (OS), A LOCAL FACILITIES MANAGEMENT
8 PLAN AMENDMENT LFMP 15(E) AND RESIDENTIAL MOBILE
HOME PARK PERMIT AMENDMENT RMHP 96-01 (D) FOR THE
9 DOS COLINAS PROJECT GENERALLY LOCATED ON A 46-
ACRE PARCEL NORTH OF SUNNY CREEK ROAD, SOUTH OF
10 CANNON ROAD, EAST OF EL CAMINO REAL, AND WEST OF
THE FUTURE EXTENSION OF COLLEGE BOULEVARD REACH
11 'A," IN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: DOS COLINAS
12 CASE NO.: EIR 09-01/GPA 09-02/LFMP 15(EVRMHP 96-01 (D)
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13 The City Council of the City of Carlsbad, California, does hereby resolve as
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on October 19, 2011, hold a duly noticed public hearing as prescribed by law
to consider the Refined No Affordable Housing Site Alternative for Environmental Impact Report
EIR 09-01, General Plan Amendment GPA 09-02, Local Facilities Management Plan
Amendment LFMP 15(E), and Residential Mobile Home Park Permit Amendment RMHP 96-
01(D), and adopted Planning Commission Resolution Nos. 6825, 6826, 6828, and 6829,
respectively, recommending that the City Council certify the Refined No Affordable Housing Site
Alternative of EIR 09-01 and approve GPA 09-02, LFMP 15(E) and RMHP 96-01 (D); and
WHEREAS, the City Council of the City of Carlsbad, on the lOth day
of January 2012, held a duly noticed public hearing to consider the Refined
No Affordable Housing Site Alternative of the Environmental Impact Report, General Plan
Amendment, Local Facilities Management Plan Amendment and Residential Mobile Home Park
27 Permit Amendment; and
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1 WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
3 relating to the Refined No Affordable Housing Site Alternative of the Environmental Impact
4 Report, General Plan Amendment, Local Facilities Management Plan Amendment and
5 Residential Mobile Home Park Permit Amendment; and
6 WHEREAS, a Draft Environmental Impact Report was prepared and submitted to
7 the State Clearinghouse and a Notice of Completion was filed, published and mailed to trustee
8 agencies and interested parties providing a 45-day review period; and
9 WHEREAS, all comments received during the public review period are contained
10 in the Final EIR as well as the responses to comments on the Draft EIR; and
11 WHEREAS, the Planning Commission did, on October 19, 2011, recommend
12 certification of the Refined No Affordable Housing Site Alternative of the Final EIR.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
14 of Carlsbad, as follows:
^ ^ 1. That the above recitations are true and correct.
2. That the Refined No Affordable Housing Site Alternative of the
17 Environmental Impact Report (EIR 09-01) for the Dos Colinas project is certitied, that the
Candidate Findings of Fact and Mitigation Monitoring and Reporting Program are adopted, and
13 that the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 6825, on file with the City Clerk and incorporated herein by reference, are the
19 findings and conditions ofthe City Council.
20 3. That the recommendation of the Planning Commission for the approval of
the General Plan Amendment GPA 09-02, Local Facilities Management Plan Amendment LFMP
21 15(E), and Residential Mobile Home Park Permit Amendment RMHP 96-01 (D) is approved and
that the findings and conditions of the Planning Commission contained in Planning Commission
22 Resolution No. 6826, 6828, and 6829, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council except that conditions No. 14 & 24
23 of Planning Commission Resolution 6829 shall be modified below as follows:
24 "Condition 14. The RV storage and garden area shall be installed prior to the
beginning ofthe construction of Detention Basin "BJ" pursuant to Exhibits "A" - "S"
25 (Minor Subdivision Plans), "A" - "G" (Residential Mobile Home Park Permit Plans),
and "A" - "C" (RV Storage Landscape Plans) dated October 19, 2011, which ever
26 development (College Blvd or Detention Basin "BJ") shall occur first. The
improvements shall be completed to the satisfaction of the Planning Director and
27 the City Engineer."
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“Condition 24. Developer shall cause the property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless
Agreement. Note: Any post-construction permanent agreement required hereunder shall
apply only to Phase 1 of the Final Map, the Replacement Site, and shall not encumber any other parcel owned by Rancho Carlsbad Owners Association, Inc.”
4. This action is the final date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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1 "NOTICE TO APPLICANT"
2 The time within which judicial review of this decision must be sought is governed
2 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
4 other paper seeking 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
g record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in
7 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 ofthe record ofthe
g proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 10'" day of January, 2012, by the following vote to wit:
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13 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
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15 NOES: None.
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17 ABSENT: None.
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22 ATTEST
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25 .<NlsKo%^^2l£i^
"^/••*""^t;.'%^RRAlNE M. WOOD, C\%
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