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HomeMy WebLinkAbout2006-07-11; City Council; Resolution 2006-1931 RESOLUTION NO. 2006-193 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A GENERAL PLAN 4 AMENDMENT TO CHANGE THE LAND USE AND OPEN SPACE AND CONSERVATION ELEMENTS FROM OPEN 5 SPACE (OS) AND RESIDENTIAL MEDIUM HIGH DENSITY (RMH) TO RESIDENTIAL LOW MEDIUM DENSITY (RLM) 6 AND TRAVEL RECREATION/ COMMERCIAL (TR) ON MULTIPLE PROPERTIES LOCATED EAST OF EL CAMINO 7 REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. 8 CASE NAME: LA COSTA LOT LINE ADJUSTMENT 9 CASE NO.: GPA 05-09/ZC 05-06/MP 03-02(A) IQ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on May 17, 2006, hold a duly noticed public hearing as prescribed by 12 law to consider a Negative Declaration and General Plan Amendment; and 13 WHEREAS, the City Council of the City of Carlsbad, on the nth day 14 of July , 2006, held a duly noticed public hearing to consider 15 said Negative Declaration and General Plan Amendment and at that time received 16 recommendations, objections, protests, comments of all persons interested in or 17 opposed to the Negative Declaration and/or GPA 05-09. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the findings and conditions of the Planning Commission as set forth 2~ in Planning Commission Resolutions No. 6075, 6076, and 6078 on file with the City Clerk and made a part hereof by reference, are the findings and 24 conditions of the City Council. 25 3. That the application for a Negative Declaration and General Plan Amendment on property generally located east of El Camino Real between 26 Alga Road and La Costa Avenue is approved as shown in Planning Commission Resolutions No. 6075 and 6076. 28 16 1 4. That the application for a General Plan Amendment to the Land Use and Open Space and Conservation Elements of the General Plan to change the 2 Land Use designation on multiple properties from Open Space (OS) and Residential Medium-High Density (RMH) to Residential Low Medium Density (RLM) and Travel Recreation/Commercial (TR) on lands generally located 4 east of El Camino Real between Alga Road and La Costa Avenue, as shown in Planning Commission Resolution No. 6076, is hereby accepted, approved 5 in concept, and shall be formally approved with GPA Batch No. 2 of 2006. 6 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: 8 "NOTICE TO APPLICANT" 9 The time within which judicial review of this decision must be 10 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 13 becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount 14 sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended 15 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 16 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the 17 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, . c CA. 92008." 18 /// 19 20 21 22 23 '" 24 25 /// 26 27 28 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 of the City Council of the City of Carlsbad on the 11 th day of July, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, C| (SEAL) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17,2006 EXISTING Draft Related Case File No(s): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 215-160-02-00 C. 21 5-1 60-03-00 D. 21 6-593-01 -00 E. 216-593-02-00 F. 216-593-03-00 G. 216-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 PROPOSED Draft Related Case File Nofs): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 21 5-1 60-02-00 C. 21 5-1 60-03-00 D.216-593-01-00 E. 2 16-593-02-00 F. 216-593-03-00 G. 2 16-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion)