HomeMy WebLinkAbout2005-12-13; City Council; Resolution 2005-3681
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RESOLUTION NO. 2005-368
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
ELEMENT AND THE OPEN SPACE AND CONSERVATION
ELEMENT OF THE GENERAL PLAN, A LOCAL FACILITIES
PLAN AMENDMENT, GPA 05-03 TO AMEND THE LAND USE
MANAGEMENT PLAN AMENDMENT, LFMP 87-1O(A), AND A
HABITAT MANAGEMENT PLAN PERMIT, HMPP 05-06, FOR
THE CASSIA PROFESSIONAL OFFICE PROJECT ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF EL CAMINO REAL AND CASSIA ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE IO.
CASE NAME: CASSIA PROFESSIONAL OFFICES
CASE NO.: GPA 05-03/ZC 05-01/LFMP 87-1 O(A)/HMPP
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on November 2, 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, Local Facilities Management Plan Amendment, and Habitat
Management Plan Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 13th day of
December , 2005, held a duly noticed public hearing to consider said Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Local
Facilities Management Plan Amendment, 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 05-03, LFMP 87-10(A), and HMPP 05-06; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
1. That all recitations are true and correct.
2. That the findings and conditions of the Planning Commission as set forth
in Planning Commission Resolutions No. 5977, 5978, 5980 and 5981 on file with the City Clerk
and made a part hereof by reference, are the findings and conditions of the City Council.
3. That the application for a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Local Facilities Management Plan Amendment and Habitat 6
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Management Plan Permit on property generally located on the northeast corner of El Camino
Real and Cassia Road is approved as shown in Planning Commission Resolutions No. 5977,
5980, and 5981.
4. That the application for a General Plan Land Use Element Amendment
from Residential Low Medium (RLM) to Office (0) and Open Space (OS) and an Open Space
Conservation Element Amendment on property generally located on the northeast corner of El
Camino Real and Cassia Road, as shown in Planning Commission Resolution No. 5978, is
hereby accepted and approved, and is the fourth General Plan Amendment of 2005.
5. 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
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.”
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of December , 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
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