HomeMy WebLinkAbout2005-09-27; City Council; Resolution 2005-2941
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RESOLUTION NO. 2005-294
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
LAND USE ELEMENT AND THE OPEN SPACE AND
CONSERVATION ELEMENT OF THE GENERAL PLAN, A
PLAN AMENDMENT, IN CONCEPT GPA 03-1 1 TO AMEND THE
TENTATIVE TRACT MAP, CT 02-17, A HILLSIDE
DEVELOPMENT PERMIT, HDP 02-08 AND A HABITAT
MANAGEMENT PLAN PERMIT, HMPP 05-04 FOR THE
SHELLEY PROPERTY GENERALLY LOCATED SOUTHEAST
OF RANCHO SANTA FE ROAD ALONG THE CITY’S EASTERN
BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: SHELLEY PROPERTY
CASE NO.: GPA 03-11/ZC 03-09/CT 02-17/ HDP 02-08/
HMPP 05-04
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on August 17, 2005, hold a duly noticed public hearing as prescribed by law to
consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
General Plan Amendment, Tentative Tract Map, Hillside Development Permit and Habitat
Management Plan Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the day of
, 2005, held a duly noticed public hearing to consider said Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment,
Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit and at
that time received recommendations, objections, protests, comments of all persons interested in
or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and/or GPA 03-1 1/CT 02-17/ HDP 02-08/ HMPP 05-04; and
27th
September
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
1.
2.
That all recitations are true and correct.
That the findings and conditions of the Planning Commission as set forth
in Planning Commission Resolutions No. 5951, 5952, 5954, 5955 and 5956 on file with the City
Clerk and made a part hereof by reference, are the findings and conditions of the City Council.
That the application for a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Tentative Tract Map, Hillside Development Permit and 3.
E
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Habitat Management Plan Permit on property generally located southeast of Rancho Santa Fe
Road and along the City’s boundary is approved as shown in Planning Commission Resolutions
No. 5951,5952,5954, 5955 and 5956.
4. That the application for a General Plan Land Use Element Amendme
from Residential Low (RL) to Residential Low-Medium Density (RLM) and Open Space (O!
and an Open Space Conservation Element Amendment on property generally located southea
of Rancho Santa Fe Road and along the City’s boundary, as shown in Planning Commissic
Resolution No. 5952, is hereby accepted, approved in concept, and shall be formally approve
with GPA Batch No. 3 of 2005.
5. This action is final the date this resolution is adopted by the City Counc
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judici
Review” shall apply:
“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 review must be filed in
the appropriate court not later than the nineteenth 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 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 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 the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 27th day of September , 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
/? ABSENT: None
ATTEST:
LORRAINE M. WOdb, City Clerk
(SEAL)
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