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HomeMy WebLinkAbout2004-12-07; City Council; Resolution 2004-3861 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING ENVIRONMENTAL FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CANTARINVHOLLY SPRINGS JOINT EIR, AND APPROVING THE ZONE 15 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR THE CANTARlNl RANCH AND HOLLY SPRINGS DEVELOPMENT PROPOSALS GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINVHOLLY SPRINGS IMPACT REPORT EIR 02-02, ADOPTING THE CANDIDATE CASE NO.: EIR 02-02/LFMP 15(C) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 02-02) and Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)), and adopted Planning Commission Resolutions No. 5749 and 5750 respectively, recommending to the City Council that EIR 02-02 and LFMP 15(C) be approved; and adopted Planning Commission Resolutions No. 5753, 5754, 5755, 5759 and 5760 respectively, recommending approval of CT 00-1 8, SDP 01 -1 0 and HDP 00-09 for Cantarini; and'CT 00-21 and HDP 00-1 2 for Holly Springs subject to the City Council certification of EIR 02-02, adoption of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, and approval of LFMP 15(C); and WHEREAS, the City Council of the City of Carlsbad, did on the 7th 9 day of December all persons interested in or opposed to EIR 02-02 and LFMP 15(C); and , 2004, hold a public hearing to consider the recommendations and heard WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and submitted to the State Clearinghouse and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, sections of the DElR were revised and submitted to the State Clearinghouse for recirculation, and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period for the re- circulated DElR sections. WHEREAS, all comments received during the review periods are contained in the Final EIR as well as the responses to comments on the unaltered sections of the Draft EIR and the re-circulated sections of the DEIR. 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 02-02) 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. 5749, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the recommendation of the Planning Commission for the approval of the Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5750, 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 sought is governed 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 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 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, I200 Carlsbad Village Drive, Carlsbad, California 92008.” -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, nail and Packard. dLd. NOES: None ABSENT: Council Member Kulchin. ATTEST: 1 -3-