HomeMy WebLinkAbout2009-10-09; City Council; Resolution 2009-243EXHIBIT 1
1 RESOLUTION NO. 2009-243
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 AND ADDENDUM, AND
4 APPROVING A GENERAL PLAN AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO CHANGE THE
5 GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE
DESIGNATIONS FROM RESIDENTIAL MEDIUM DENSITY (RM,
6 4-8 DU/AC) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-
4 DU/AC), AND THE LOCAL COASTAL PROGRAM ZONING
7 DESIGNATIONS FROM RESIDENTIAL DENSITY-MULTIPLE
WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) AND
8 LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1)
ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH
9 SIDE OF POINSETTIA LANE AT THE WESTERNMOST
TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO
10 SEGMENT OF THE LOCAL COASTAL PROGRAM, ZONE 20
SPECIFIC PLAN (SP 203), AND LOCAL FACILITIES
11 MANAGEMENT ZONE 20
CASE NAME: TABATA RANCH
12 CASE NO.: GPA 07-05/LCPA 06-03
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 August 5, 2009, hold a duly noticed public hearing as prescribed by law to16
consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
and Addendum, as referenced in Planning Commission Resolution No. 6614, General Plan
Amendment GPA 07-05, according to Exhibit "GPA 07-05" attached to Planning Commission
Resolution No. 6615 and incorporated herein by reference, and Local Coastal Program
Amendment LCPA 06-03, according to Exhibit "LCPA 06-03" attached to Planning Commission
22 Resolution No. 6618 and incorporated herein by reference to change the General Plan and
23 Local Coastal Program Land Use designations from Residential Medium Density (RM, 4-8
24 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and the Local Coastal Program
Zoning designation from Residential Density-Multiple with a Qualified Development Overlay
26 (RD-M-Q) and Limited Control (L-C) to One-Family Residential (R-1), and the Planning
27 Commission adopted Planning Commission Resolutions No. 6614, 6615, and 6618
28 recommending to the City Council that they be approved; and
1 WHEREAS, the City Council of the Cifotgf Carlsbad, on the firv, day of
2 October 2009, held a duly noticed public hearing to consider said Mitigated
3 Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum,
4 General Plan Amendment, and Local Coastal Program Amendment; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
6 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
7 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
8 and Addendum, General Plan Amendment, and Local Coastal Program Amendment.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
10 of Carlsbad as follows:
1 . That the above recitations are true and correct.
12 2. That the recommendation of the Planning Commission for the adoption of
13 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and
Addendum, and approval of a General Plan Amendment and Local Coastal Program
14 Amendment are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolutions No. 6614, 6615, and 6618 on file
15 with the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council.
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3. That the application for a General Plan Amendment to change the Land
17 Use designation from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium
Density (RLM, 0-4 du/ac) on a 2.9 acre site generally located on the north side of Poinsettia
18 Lane at the westernmost terminus of Lemon Leaf Drive, as shown in Planning Commission
Resolution No. 6615, is hereby accepted and approved, and shall be effective no sooner than
19 thirty days after its adoption, but not until LCPA 06-03 is approved by the California Coastal
Commission.
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4. That the approval of LCPA 06-03 shall not become effective until it is
21 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
23 and is subject to the approval of the LCPA 06-03 by the California Coastal Commission. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
24 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 ^thdav of October 2009, by the following vote, to wit:
AYES: Council Members Kulchin, Hall,Packard, and Blackburn
NOES:
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M. WOOD, CityClerk
' Council Member Lewis.
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CCAUDE A. LEWIS, Mayor16
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(SEAL) .,„...,„.
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