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HomeMy WebLinkAbout2005-09-27; City Council; Resolution 2005-2941 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. 2005-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN, A PLAN AMENDMENT, IN CONCEPT GPA 03-1 1 TO AMEND THE TENTATIVE TRACT MAP, CT 02-17, A HILLSIDE DEVELOPMENT PERMIT, HDP 02-08 AND A HABITAT MANAGEMENT PLAN PERMIT, HMPP 05-04 FOR THE SHELLEY PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD ALONG THE CITY’S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY PROPERTY CASE NO.: GPA 03-11/ZC 03-09/CT 02-17/ HDP 02-08/ HMPP 05-04 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 17, 2005, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit; and WHEREAS, the City Council of the City of Carlsbad, on the day of , 2005, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and/or GPA 03-1 1/CT 02-17/ HDP 02-08/ HMPP 05-04; and 27th September NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. 2. That all recitations are true and correct. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5951, 5952, 5954, 5955 and 5956 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. That the application for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Tentative Tract Map, Hillside Development Permit and 3. E 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 Habitat Management Plan Permit on property generally located southeast of Rancho Santa Fe Road and along the City’s boundary is approved as shown in Planning Commission Resolutions No. 5951,5952,5954, 5955 and 5956. 4. That the application for a General Plan Land Use Element Amendme from Residential Low (RL) to Residential Low-Medium Density (RLM) and Open Space (O! and an Open Space Conservation Element Amendment on property generally located southea of Rancho Santa Fe Road and along the City’s boundary, as shown in Planning Commissic Resolution No. 5952, is hereby accepted, approved in concept, and shall be formally approve with GPA Batch No. 3 of 2005. 5. This action is final the date this resolution is adopted by the City Counc The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judici 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 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 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 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.” .... .... .... .... . . .. .... . . .. . . .. .... .... .... -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 27th day of September , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None /? ABSENT: None ATTEST: LORRAINE M. WOdb, City Clerk (SEAL) ' -3-