HomeMy WebLinkAbout2009-01-06; City Council; Resolution 2009-009EXHIBIT 1
1 RESOLUTION NO. 2009-009
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, APPROVING A GENERAL PLAN
4 AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL
5 COASTAL PROGRAM LAND USE DESIGNATIONS FROM
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO
6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND
OPEN SPACE (OS), AND THE LOCAL COASTAL PROGRAM
7 ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO
ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS),
8 AND A SITE DEVELOPMENT PLAN TO CONSTRUCT TWO (2)
SECOND DWELLING UNITS TO MEET THE AFFORDABLE
9 HOUSING REQUIREMENT ON A 5.05 ACRE PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
10 BLACK RAIL ROAD AND AVENA COURT EAST WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: SEASCAPE
12 CASE NO.: GPA 05-11/LCPA 05-06/SDP 05-12
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:14
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on November 5, 2008, hold a duly noticed public hearing as prescribed by law16
to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
program, as referenced in Planning Commission Resolution No. 6498, General Plan
1 o
Amendment GPA 05-11, according to Exhibit "GPA 05-11" attached to Planning Commission
_~ Resolution No. 6499 and incorporated herein by reference, and Local Coastal Program
Amendment LCPA 05-06, according to Exhibit "LCPA 05-06" attached to Planning Commission
22 Resolution No. 6501 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
24 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and the
Local Coastal Program Zoning designation from Limited Control (L-C) to One-Family Residential
(R-1) and Open Space (OS), and a Site Development Plan SDP 05-12, as referenced in
27 Planning Commission Resolution No. 6504, to construct two (2) second dwelling units to meet
28 the affordable housing requirement, and the Planning Commission adopted Planning
1 Commission Resolutions No. 6498, 6499, 6501, and 6504 recommending to the City Council
2 that they be approved; and
3 WHEREAS, the City Council of the City of Carlsbad, on the 6tb day of
4 January , 2008, held a duly noticed public hearing to consider said Mitigated
5 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
6 Amendment, Local Coastal Program Amendment, and Site Development Plan; and
7 WHEREAS, at said public hearing, upon hearing and considering all testimony
8 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
9 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
10 General Plan Amendment, Local Coastal Program Amendment, and Site Development Plan.
11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
12 of Carlsbad as follows:
1. That the above recitations are true and correct.
14 2. That the recommendation of the Planning Commission for the adoption of
15 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the
approval of a Local Coastal Program Amendment and Site Development Plan are adopted and
16 approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 6498, 6501, and 6504 on file with the City Clerk and
17 incorporated herein by reference, are the findings and conditions of the City Council.
18 3. That the application for a General Plan Amendment to change the Land
Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-
19 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) on a 5.05 acre site generally located
on the northeast corner of Black Rail Road and Avena Court East, as shown in Planning
20 Commission Resolution No. 6499, is hereby accepted, approved in concept, and shall be
formally approved with GPA Batch No. 1 of 2009.
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4. That the approval of LCPA 05-06 shall not become effective until it is
22 approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
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5. This action is final the date this resolution is adopted by the City Council
24 and is subject to the approval of the LCPA 05-06 by the California Coastal Commission. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"25 shall apply:
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"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."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6tb day of January 2009. by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLA , Mayor
ATTEST:
A?
LORRAINE M
/SEAL)
D, City Clerk
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