HomeMy WebLinkAbout2008-12-02; City Council; Resolution 2008-320EXHIBIT 1
1 RESOLUTION NO. 2008-320
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
3 AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM ELEMENTARY SCHOOL (E) TO
4 RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) ON A 3.65
ACRE SITE GENERALLY LOCATED NORTHWEST OF THE
5 INTERSECTION OF WIND TRAIL WAY AND FUTURE GLEN
AVENUE ON PROPERTY IDENTIFIED AS PLANNING AREA 14
6 LOCATED WITHIN THE EAST VILLAGE OF THE ROBERTSON
RANCH MASTER PLAN AND LOCAL FACILITIES
7 MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PA 14
8 CASE NO.: GPA 08-01
9 The City Council of the City of Carlsbad, California, does hereby resolve as
10 follows:
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
12 Commission did, on October 15, 2008, hold a duly noticed public hearing as prescribed by law
13 to consider the General Plan Amendment GPA 08-01, according to Exhibit "GPA 08-01"
14 attached to Planning Commission Resolution No. 6489 and incorporated herein by reference to
15 change the General Plan Land Use designation from Elementary School (E) to Residential
1" Medium Density (RM, 4-8 du/ac), and the Planning Commission adopted Planning Commission
17 Resolution No. 6489 recommending to the City Council that it be approved; and
1 O1 ° WHEREAS, the City Council of the City of Carlsbad, on the 2nd day of
December 2008, held a duly noticed public hearing to consider said General Plan
20 Amendment; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
23 relating to the General Plan Amendment.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
25 of Carlsbad as follows:
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1. That the above recitations are true and correct.
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2. That the recommendation of the Planning Commission for the approval of
28 a General Plan Amendment is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 6489 on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of the City Council.
3. That the application for a General Plan Amendment to change the Land
Use designation from Elementary School (E) to Residential Medium Density (RM, 4-8 du/ac) on
a 3.65 acre site generally located northwest of the intersection of Wind Trail Way and future
Glen Avenue on property identified as Planning Area 14 located within the East Village of the
Robertson Ranch Master Plan, as shown in Planning Commission Resolution No. 6489, is
hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 3 of
2008.
4. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
10 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
11 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
12 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
13 decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
14 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
15 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
16 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 2nd day of December, 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ATTEST:
.ORRAINE M. WOOD, City Cle/k
(SEAL)