HomeMy WebLinkAbout2004-10-19; City Council; Resolution 2004-3381
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RESOLUTION NO. 2004-338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING A GENERAL
PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM
AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL
COASTAL PROGRAM LAND USE DESIGNATIONS FROM
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND
OPEN SPACE (OS) AND TO CHANGE THE LOCAL COASTAL
PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL
(OS) ON A 5.64 ACRE SITE GENERALLY LOCATED ON THE
EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: TABATA RESIDENTIAL SUBDIVISION
(L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE
CASE NO.: GPA 04-1 3/LCPA 03-07/ZC 03-05
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission, did on September 1, 2004, hold a duly
noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, as referenced in Planning Commission
Resolution No. 571 8, General Plan Amendment GPA 04-1 3, according to Exhibit “GPA 04-1 3’
attached to Planning Commission Resolution No. 571 9 and incorporated herein by reference,
and Local Coastal Program Amendment LCPA 03-07, according to Exhibit “LCPA 03-07”
attached to Planning Commission Resolution No. 5720 and incorporated herein by reference to
change the General Plan and Local Coastal Program Land Use designations from Residential
Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-Medium Density Residential (RLM, 0-
4 du/ac) and Open Space (OS) and to change the Local Coastal Program Zoning designation
from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS) and the
Planning Commission adopted Planning Commission Resolutions No. 571 8, 571 9, and 5720
recommending to the City Council that they be approved; and
WHEREAS, the City Council did on the 19th day of October , 2004
hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative
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Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, and
Local Coastal Program Amendment and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all
factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, General Plan Amendment, and Local Coastal Program Amendment.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
hereby resolved as follows:
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commission in Planning
Commission Resolutions No. 571 8, 571 9, and 5720 for the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, General Plan Amendment, and Local Coastal
Program Amendment constitute the findings and conditions of the City Council in this matter.
3. That the recommendation of the Planning Commission for the approval of
General Plan Amendment GPA 04-13 as shown in Planning Commission Resolution No. 5719
is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 2
of 2004 comprised of GPA 02-05, GPA 03-05, GPA 03-08, GPA 03-13, GPA 04-01, GPA 04-
04, GPA 04-07, GPA 04-08 and GPA 04-1 1.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 19th day Of October , 2004, by the following vote,
to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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