HomeMy WebLinkAbout2008-02-12; City Council; Resolution 2008-039£khib/l I
1 RESOLUTION NO. 2008-039
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, OVERRIDING THE SAN DIEGO
3 COUNTY REGIONAL AIRPORT LAND USE COMMISSION'S
DETERMINATION OF NON-CONSISTENCY WITH THE
4 MCCLELLAN-PALOMAR AIRPORT COMPREHENSIVE LAND
USE PLAN TO ALLOW FOR THE DEVELOPMENT OF AN
5 INDUSTRIAL BUILDING ON 2.71 ACRES LOCATED ON THE
NORTHWEST CORNER OF DRYDEN PLACE AND PALOMAR
6 OAKS WAY, WITHIN THE CARLSBAD AIRPORT CENTRE
SPECIFIC PLAN, AND IN LOCAL FACILITIES MANAGEMENT
7 ZONE 5.
CASE NAME: DURKIN FAMILY TRUST
8 CASE NO.: PIP 06-19
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
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WHEREAS, Lot 25 of Carlsbad Tract No. 81-46 is located within the Airport
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Influence Area of the McClellan-Palomar Airport Comprehensive Land Use Plan; and
WHEREAS, all development within the Airport Influence Area must adhere to the
provisions of the Comprehensive Land Use Plan for the McClellan-Palomar Airport; and
WHEREAS, the San Diego County Airport Land Use Commission, represented
as the San Diego County Regional Airport Authority, has determined that the industrial16
development on said lot is inconsistent with the noise requirements as stated in the Noise/Land
Use Compatibility Matrix in that the project site is located within the 75 dBA Community Noise
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Equivalent Level (CNEL) noise contour; and
WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and
-. California Public Utilities Code, Section 21676, the City Council of the City of Carlsbad may,
22 with a four-fifths majority vote, elect to override the determination of the Airport Land Use
2^ Commission.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
25 of Carlsbad as follows:
26 1 • That all recitations are true and correct.
27 2. That the City Council finds that the proposed industrial development on
Lot 25 of Carlsbad Tract No. 81-46, as conditioned with internal noise reduction, Notice of
28 Restriction, Hold Harmless Agreement, Avigation Easement, and an exemption from outdoor
eating area requirements, would minimize the public's exposure to excessive noise within the
1 project area to the greatest extent possible, considering that the development is proposed on a
legally created lot and is consistent with the underlying Planned Industrial General Plan Land
2 Use, Zoning designation and Carlsbad Airport Centre Specific Plan (SP-181).
3 3. That based upon the above findings, the City Council approves the
recommended override, as to noise compatibility only, of the San Diego County Regional Airport
4 Authority's determination of non-consistency with the Comprehensive Land Use Plan for the
McClellan-Palomar Airport.
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"NOTICE TO APPLICANT"
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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
9 seeking review must be filed in the appropriate court not later than
the nineteenth day following the date on which this decision
10 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
14 preparation of the record of the proceedings shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
15 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 12th day of February, 2008, by the following vote to wit:
AYES:Council Members Lewis, Kulchin, Hall and Packard.
NOES: Council Member Nygaard.
ABSENT: None.