HomeMy WebLinkAbout2002-07-09; City Council; Resolution 2002-2051
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RESOLUTION NO. 2002-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA CERTIFYING PROGRAM ENVIRON-
FINDINGS OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
AMENDMENT, ZONE CHANGE, BRESSI RANCH MASTER
PLAN, AND LOCAL FACILITIES MANAGEMENT PLAN FOR
ZONE 17 FOR THE BRESSI RANCH PROJECT ON 585.1
ACRES GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND EAST OF EL CAMINO REAL WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH
CASE NO.: EIR 98-04lGPA 98-031ZC 98-04lMP 1781LFMP 17
The City Council of the City of Carlsbad, California, does hereby resolve as
MENTAL IMPACT REPORT 98-04, APPROVING CANDIDATE
follows:
WHEREAS, on June 5, 2002, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Environmental Impact Report (EIR 98-04),
General Plan Amendment (GPA 98-03), Zone Change (ZC 98-04), Bressi Ranch Master Plan
(MP 178), Local Facilities Management Plan for Zone 17 (LFMP 17), Master Tentative Map (CT
00-OS), Hillside Development Permit (HDP 99-06), Special Use Permit (SUP 99-03), and,
Special Use Permit (SUP 01-01) for project development on 585.1 acres of land and adopted
Planning Commission Resolutions No. 5201, 5202, 5203, 5204, and 5205 respectively,
recommending to the City Council that EIR 98-04, GPA 98-03, ZC 98-04, MP 178, and LFMP 17
be approved, and adopted Planning Commission Resolutions No. 5206, 5207, 5208, and 5209
respectively approving CT 00-06, HDP 99-06, SUP 99-03, and SUP 01-01 subject to the City
Council approval of EIR 98-04, GPA 98-03, ZC 98-04, MP 178, LFMP 17; and
WHEREAS, the City Council of the City of Carlsbad, did on the 9th , day
of JULY , 2002, hold a public hearing to consider the recommendations and heard
all persons interested in or opposed to EIR 98-07, GPA 98-01, ZC 98-04, MP 178, and LFMP
17; and
WHEREAS, an Environmental Impact Report was prepared and submitted to the
State Clearinghouse and a Notice of Completion filed, published, and mailed to responsible 7
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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.
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 98-04) 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. 5201, on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
General Plan Amendment (GPA 98-03) as shown in Planning Commission Resolution No. 5202,
3. That the recommendation of the Planning Commission for the approval of the
is hereby accepted, approved in concept and shall be formally approved in connection with
General Plan Amendment GPA 00-05, and General Plan Amendment GPA 01-13.
Zone Change (ZC 98-04) is approved and that the findings and conditions of the Planning
4. That the recommendation of the Planning Commission for the approval of the
Commission contained in Planning Commission Resolution No. 5203, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of the City Council and
Ordinance NS-634 shall be adopted according to law.
Bressi Ranch Master Plan (MP 178) is approved and that the findings and conditions of the
5. That the recommendation of the Planning Commission for the approval of the
Planning Commission contained in Planning Commission Resolution No. 5204, on file with the
City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council and Ordinance NS-635 shall be adopted according to law.
Local Facilities Management Plan for Zone 17 (LFMP 17) is approved and that the findings and
6. That the recommendation of the Planning Commission for the approval of the
conditions of the Planning Commission contained in Planning Commission Resolution No. 5205,
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be
which has been made applicable in the City of Carlsbad by
sought is governed by Code of Civil Procedure, Section 1094.6,
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
-2-
Page 2 of 3 of Resolution No. 2002-205.
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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 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, excer
as to the General Plan Amendment, which shall be effective thirty (30) days following its
adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 9th day of JULY , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: Council MeAer Nygaard
AlTEST: ,,
(SEAL)
-3- /I age 3 of 3 of Resolution No. 2002-205