HomeMy WebLinkAbout2010-08-24; City Council; Resolution 2010-214EXHIBIT 2
1 RESOLUTION NO. 2010-214
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
3 DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM AND APPROVING A GENERAL PLAN
4 AMENDMENT TO THE LAND USE ELEMENT OF THE
GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION
5 FROM TRAVEL/RECREATION COMMERCIAL (TR) AND
PLANNED INDUSTRIAL (PI) TO GENERAL COMMERCIAL (GC)
6 ON A 16.65 ACRE SITE LOCATED AT THE SOUTHWEST
CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO
7 REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR COMMONS
8 CASE NO.: GPA 09-07
9 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
10
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 7, 2010, hold a duly noticed public hearing as prescribed by law to
consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
as referenced in Planning Commission Resolution No. 6700 and General Plan Amendment
14
GPA 09-07 according to Exhibit "GPA 09-07" dated July 7, 2010 attached to Planning
Commission Resolution No. 6702 incorporated herein by reference to change the General Plan16
land use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to
General Commercial (GC); and1 o
WHEREAS the Planning Commission adopted Planning Commission
Resolutions No. 6700 and 6702 recommending to the City Council that they be approved; and
2 , WHEREAS, the City Council of the City of Carlsbad, on the 24th day of Au
~~ 2010, held a duly noticed public hearing" to consider said Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and General Plan Amendment; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
27 and General Plan Amendment.
28 "/
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
2
1. That the above recitations are true and correct.
3
. 2. That the recommendation of the Planning Commission for the adoption of
a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
c approval of the General Plan Amendment are adopted and approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolutions No.
6700 and 6702 on file with the City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
7
3. That the application for a General Plan Amendment to change the Land
8 Use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to
General Commercial (GC) on a 16.65 acre site generally located at the southwest corner of
9 Palomar Airport Road and El Camino Real as shown in Planning Commission Resolution No.
6702, is hereby approved.
10
4. This action is final the date this resolution is adopted by the City Council.
11 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
12
13
14
15
16
17
18
19 '"
20 '"
21 '"
22 '"
23 '"
24 "'
25 "'
26 "'
27 "'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"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 ninetieth 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 is filed with a 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 24th day of August 2010. by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
(SEAL)
-3-°l