HomeMy WebLinkAbout2002-06-11; City Council; Resolution 2002-1721
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RESOLUTION NO. 2002-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, OVERRIDING THE AIRPORT LAND
CONSISTENCY WITH THE CLUP AND APPROVING THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING ON AN
EXISTING INDUSTRIAL LOT, WITHIN THE CARLSBAD
AIRPORT CENTRE SPECIFIC PLAN, IN THE NORTHWEST
QUADRANT.
CASE NAME: CONSISTENCY DETERMINATION FOR THE
COMPREHENSIVE LAND USE PLAN FOR
USE COMMISSION’S DETERMINATION OF NON-
MCCLELLAN-PALOMAR AIRPORT
CASE NO.: PIP 00-04(A)
WHEREAS, Lot 24 of Carlsbad Tract No. CT 81-46 is within the Airport Influence
Area of the McClellan-Palomar Airport Comprehensive Land Use Plan; and
WHEREAS, all development within the Airport Influence Area must adhere to the
provisions of the Comprehensive Land Use Plan for McClellan-Palomar Airport; and
WHEREAS, the Airport Land Use Commission, represented as the San Diego
County Regional Airport Authority, has determined that industrial development upon said lot is
inconsistent with the Noise/Land Use Compatibility Matrix in that the project site is located within
the 75 dBA CNEL noise contour; and
WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and
the Public Utilities Code, the City Council of the City of Carlsbad may, with a two-thirds majority
vote, elect to override the determination of the Airport Land Use Commission; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California, does hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the City Council finds that the proposed industrial development on Lot 24 of Carlsbad Tract No. 8146, as conditioned with internal noise reduction, Notices of
Restrictions, Hold Harmless Agreements, and exemptions from outdoor eating area
requirements, would minimize the public’s exposure to excessive noise within areas around the
airport to the greatest extent possible, considering that the development is proposed on a legally
created lot and is consistent with the underlying Carlsbad Airport Centre Specific Plan (SP 181).
3. That, based upon the above findings, the City Council approves the
recommended override, as to noise compatibility only, of the San Diego County Regional Airport Authority’s determination of non-consistency with the Comprehensive Land Use plan for the
McClellan-Palomar Airport.
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4. This action is final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "time Limits for Judicial Review'
shall apply:
"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
filed in the appropriate court no later than the ninetieth day following the
Chapter 1.16. Any petition or other paper seeking judicial review must be
date on which this decision becomes final; however, if within ten days
after the decision becomes final a request for the record of proceedings
accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not latter 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
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
request for the preparation of the record of the proceedings shall be filed
Carlsbad, California 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 1 Im- day of June , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
AlTEST:
I LORWINE M. WOOD, City Clerk
(SEAL)
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