HomeMy WebLinkAbout2013-09-10; City Council; Resolution 2013-228RESOLUTION NO. 2013-228 EXHIBIT 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING: 1) A MITIGATED NEGATIVE
3 DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM, 2) AN AMENDMENT TO THE GENERAL PLAN TO
4 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS) TO OFFICE (0)
AND OPEN SPACE (OS), AND 3) A LOCAL COASTAL PROGRAM
g AMENDMENT ON A 7.5 ACRE SITE GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND HIDDEN
7 VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: KELLY CORPORATE CENTER
8 CASE NO.: GPA 12-01/ZC 12-01/LCPA 12-02
5
9
10
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
12 Commission did, on August 7, 2013, 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. 6991, General Plan Amendment 12-01,
according to Exhibit "GPA 12-01" attached to Planning Commission Resolution No. 6992, and
Local Coastal Program Amendment 12-02 according to Exhibit "LCPA 12-02" attached to
13
14
15
16
17
Planning Commission Resolution No. 6994, and
19 WHEREAS, the City Council of the City of Carlsbad, on the ^^^^ day of
20 September ^ 2013, held a duly noticed public hearing to consider said Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment and
Local Coastal Program Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered ali factors
21
22
23
24
25
2g relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
27 Program, General Plan Amendment and Local Coastal Program Amendment.
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad as follows:
1
2
3
4 1. That the above recitations are true and correct
5 2. That the recommendation of the Planning Commission for the adoption
6 of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and the
approval of a General Plan Amendment (GPA 12-01) and Local Coastal Program Amendment
(LCPA 12-02) are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolutions No. 6991, 6992 and 6994, on file
with the City Clerk, are incorporated herein by reference, and are the findings and conditions of
7
8
9
10
11
2^2 the City Council
13 3. That the application for a General Plan Amendment to the Land Use Map
14 of the General Plan and Local Coastal Program Amendment to change the land use designations
from Planned Industrial (PI) and Open Space (OS) to Office (0) and Open Space (OS) and the
zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space
(OS), to Office (0) and Open Space (OS), on property generally located at the southeast corner
of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5, as
15
16
17
18
19
2Q shown in Planning Commission Resolutions No. 6992 and 6994, is hereby accepted and
21 approved, and shall be effective no sooner than thirty days after its adoption.
22 4. That the approval of GPA 12-01 shall not be effective until LCPA 12-02 is
23
approved by the California Coastal Commission and the California Coastal Commission's
24
approval becomes effective.
25 "
26 ///
27
28
1
2
3
4
5 "NOTICE TO APPLICANT"
16
17
18
19
20
21
24
25
26
27
28
5. That the approval of LCPA 12-02 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
6 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
9 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
10 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,
^2 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
13 ///
14 ///
15 ///
///
///
///
///
///
22 ///
23 ///
///
///
///
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 10*^ day of September, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON