HomeMy WebLinkAbout2009-12-22; City Council; Resolution 2009-322EXHIBIT 1
1 RESOLUTION NO. 2009-322
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 APPROVING A GENERAL
4 PLAN AMENDMENT TO ADOPT THE UPDATE OF THE
HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE
5 AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE
AND WHICH AFFECTS PROPERTIES THROUGHOUT THE
6 CITY.
CASE NAME: 2005-2010 HOUSING ELEMENT
7 CASE NO.: GPA 03-02
8 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
9
WHEREAS, pursuant to the provisions of the Municipal Code, the Housing
Commission did, on February 12, 2009, hold a noticed public meeting to consider General Plan
Amendment GPA 03-02, as referenced in Housing Commission Resolution No. 2009-001, and12
the Housing Commission adopted Housing Commission Resolution No. 2009-001,
recommending to the Planning Commission and City Council that GPA 03-02 be approved; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on November 18, 2009, hold a duly noticed public hearing as prescribed by16
law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
program, as referenced in Planning Commission Resolution No. 6547, and General Plan18
Amendment GPA 03-02, as referenced in Planning Commission Resolution No. 6548, and the
Planning Commission adopted Planning Commission Resolutions No. 6547 and 6548
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of
~~ December , 2009, held a duly noticed public hearing to consider said Mitigated
24 Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan
25 Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
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1 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
2 and General Plan Amendment.
3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
4 of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Housing Commission for the approval of
General Plan Amendment GPA 03-02 is adopted and approved, and that the findings of the
Housing Commission contained in Housing Commission Resolution No 2009-001 on file with
o the City Clerk and incorporated herein by reference are the findings of the City Council.
9 3. That the recommendations of the Planning Commission for the (1)
adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
10 and (2) approval of General Plan Amendment GPA 03-02 are adopted and approved, and that
the findings of the Planning Commission contained in Planning Commission Resolutions No.
11 6547 and 6548 on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
12
4. This action is final the date this resolution is adopted by the City Council.
13 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review", shall apply:
14
"NOTICE TO APPLICANT"
15
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
1° 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 an19 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
21 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
22 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 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 22nd day of December. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
>, Mayor
ATTEST:
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