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HomeMy WebLinkAbout2004-04-27; City Council; Resolution 2004-1341 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 RESOLUTION NO. 2004-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST GENERAL PLAN AMENDMENT BATCH OF 2004 CONSISTING OF SIX CHANGES TO THE GENERAL PLAN FOR PROJECTS COMMONLY KNOWN AS VIGLUCCI’S SEAFOOD AND STEAKHOUSE (GPA 01-04), OMWD CAMPUS PLAN (GPA 02- 01), KlRGlS TENTATIVE MAP (GPA 03-01), RANCHO CARRILLO VILLAGE T (GPA 03-04), NW QUADRANT COMMUNITY PARK AND SENIOR CENTER (GPA 03-09), AND CHASE FIELD LIGHTING UPGRADES (GPA 03-12). APPLICANT: CITY OF CARLSBAD CASE NO.: FIRST GENERAL PLAN AMENDMENT OF 2004 WHEREAS, pursuant to Government Code Section 65358 and pursuant to the provisions of the Carlsbad Municipal Code, the Planning Commission did, on August 20, 2003 (GPA 03-04), December 17, 2003 (GPA 03-09), January 7, 2004 (GPA 02-01), January 21, 2004 (GPA 03-12), and January 21 and February 4, 2004 (GPA 01-04), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; and WHEREAS, the Planning Commission adopted resolutions No. 5455, 5524, 5535, 5547, and 5549 recommending approval in concept of the proposed changes to the General Plan; and WHEREAS, the City Council on February 10, 2004, February 17, 2004, March 2, 2004, and March 9, 2004, held duly noticed public hearings to consider the Planning Commission’s recommendations and to hear all persons interested in the proposed changes to the General Plan and the related environmental review; and WHEREAS, the Planning Commission, on September 3, 2003, September 17, 2003, and November 5, 2003, held duly noticed public hearings as prescribed by law to consider the Kirgis Tentative Map project, which included GPA 03-01; and WHEREAS, the Planning Commission, on November 5, 2003, denied the Kirgis Tentative Map project; and WHEREAS, the Planning Commission’s decision to deny the project was subsequently appealed; and 6 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 WHEREAS, the City Council, on February 3, 2004, held a public hearing as required by law to consider the appeal; and WHEREAS, the City Council, upon careful consideration of the Planning Commission’s report and recommendation, evidence and testimony presented at the hearing, and the appellant’s suggested additional conditions to mitigate the overall impacts of the project, directed the City Attorney to return with documents conditionally granting the appeal; and WHEREAS, the City Council, on March 2, 2004, conditionally granted the appeal of the Kirgis Tentative Map and; WHEREAS, the City Council, on the 27th day of April 9 , approving in concept the Kirgis Tentative Map 2004, adopted Resolution No. 2004-133 project’s proposed changes to the General Plan, GPA 03-01; and WHEREAS, the City Council of the City of Carlsbad wises to consolidate the changes to the General Plan as proposed by GPA 01-04, GPA 02-01, GPA 03-01, GPA 03-04, GPA 03-09, GPA 03-12 into a single amendment constituting the first General Plan Amendment of 2004. NOW, THEREFORE, BE IT RESOLVED, 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 this is the first of four permitted amendments to a mandatory element of the General plan consisting of the three following changes: a. b. C. Resolution No. That the Land Use Element of the General Plan for the project commonly known as Vigilucci’s Seafood and Steakhouse is amended as shown on attached Exhibit GPA 01-04 and as provided in City Council Resolution No. 2004-082 (on file in the City Clerk’s office). That the Land Use Element of the General Plan for the project commonly known as OMWD Campus Plan is amended as shown on attached Exhibit GPA 02-01 and as provided in City Council Resolution No. 2004-044 (on file in the City Clerk’s office). That the Land Use Element and Open Space and Conservation Element of the General Plan for the project commonly known as Kirgis Tentative Map are amended as shown on attached Exhibit GPA 03-01 and as provided in City Council Resolution No. 2004-133 (on file in the City Clerk’s office). 7 2004-134 page 2 -2- 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 d. That the Land Use Element of the General Plan for the project commonly known as Rancho Carrillo Village T is amended as shown on attached Exhibit GPA 03-04 and as provided in City Council Resolution No. 2004-052 (on file in the City Clerk’s office). e. That the Land Use Element and Open Space and Conservation Element of the General Plan for the project commonly known as NW Quadrant Community Park and Senior Center are amended as shown on attached Exhibit GPA 03-09 and as provided in City Council Resolution No. 2004-043 (on file in the City Clerk’s office). f. That the Land Use Element and Open Space and Conservation Element of the General Plan for the project commonly known as Chase Field Lighting Upgrades are amended as shown on attached Exhibit GPA 03-12 and as provided in City Council Resolution No. 2004-075 (on file in the City Clerk’s office). EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 27th dayof April , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ATTEST: (SEAL) Resolution No. 2004-134 page 3 -3 - a