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HomeMy WebLinkAbout2007-02-20; City Council; Resolution 2007-0351 RESOLUTION NO. 2007-035 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL 4 PLAN AMENDMENT (GPA 06-02) TO AMEND THE GENERAL PLAN LAND USE MAP AND THE OPEN SPACE AND 5 CONSERVATION MAP, A LOCAL COASTAL PROGRAM AMENDMENT (LCPA 06-01), A HABITAT MANAGEMENT PLAN 6 PERMIT (HMPP 06-11), A HILLSIDE DEVELOPMENT PERMIT (HMP 05-11), AND A COASTAL DEVELOPMENT PERMIT 7 (CDP 05-51) FOR THE LA COSTA GLEN CORPORATE CENTER PROJECT ON PROPERTY GENERALLY LOCATED 8 NORTHWEST OF CALLE BARCELONA, WEST OF EL CAMINO REAL AND NORTH OF LEUCADIA BOULEVARD IN LOCAL 9 FACILITIES MANAGEMENT ZONE 23. CASE NAME: LA COSTA GLEN CORPORATE CENTER 10 CASE NO.: GPA 06-02/LCPA 06-01/HMPP 06-11/HDP 05-117 CDP 05-5111 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 3, 2007, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,14 General Plan Amendment (GPA 06-02), Local Coastal Program Amendment (LCPA 06-01), Habitat Management Plan Permit (HMPP 06-11), Hillside Development Permit (HDP 05-11) and16 Coastal Development Permit (CDP 05-51); and . WHEREAS, the City Council of the City of Carlsbad, on the 20th day of lo February . 2007, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Local 21 Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit 22 and Coastal Development Permit and at that time received recommendations, objections, 23 protests, comments of all persons interested in or opposed to the Mitigated Negative 24 Declaration and Mitigation Monitoring and Reporting Program and/or GPA 06-02, LCPA 06-01, 25 HMPP 06-11, HDP 05-11 and CDP 05-51; and 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 27 of Carlsbad as follows: 28 1 • That all recitations are true and correct. 1 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 6213, 6214, 6216, 6217, 6219 and 6220 on file with 2 the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3 3. That the application for a Mitigated Negative Declaration and Mitigation 4 Monitoring and Reporting Program, Local Coastal Program Amendment, Habitat Management Plan Permit, Hillside Development Permit and Coastal Development Permit on property 5 generally located northwest of Calle Barcelona, west of El Camino Real and north of Leucadia Boulevard is approved as shown in Planning Commission Resolutions No. 6213, 6216, 6217, 6 6219 and 6220. 7 4. That the application for a General Plan Land Use Map and Open Space and Conservation Map Amendment from Commercial/Office/Residential Medium-High Density 8 (C/O/RMH) to Open Space (OS) and from Open Space (OS) to Commercial/Office/Residential Medium-High (C/O/RMH) on property generally located northwest of Calle Barcelona, west of El 9 Camino Real and north of Leucadia Boulevard as shown in Planning Commission Resolution No. 6214, is hereby accepted, approved in concept and shall be included in the second General 10 Plan Amendment of 2007. 11 5. This action shall not become final until Local Coastal Program Amendment (LCPA 06-01) is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT"14 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 ig 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 2Q 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 91 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 22" 23 24 25 26 27 28 -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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall NOES: None ABSENT: Council Members Packard, Sigafoose CLAUDE A LEWIS, Mayor ATTEST: Ken/u . LORRAINE Mv.WQQD, City Clerk (SEAL) .^o%