HomeMy WebLinkAbout2007-06-26; City Council; Resolution 2007-1521 RESOLUTION NO. 2007-152
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, LOCAL COASTAL PROGRAM
AMENDMENT, HABITAT MANAGEMENT PLAN PERMIT, SITE
5 DEVELOPMENT PLAN, HILLSIDE DEVELOPMENT PERMIT
AND COASTAL DEVELOPMENT PERMIT FOR AN 11 -LOT
6 SUBDIVISION INCLUDING GRADING AND CONSTRUCTION
OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND
7 DWELLING UNITS ON PROPERTY GENERALLY LOCATED
WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT
8 THE TERMINUS OF AURA CIRCLE WITHIN THE MELLO
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
9 LOCAL FACILITIES MANAGEMENT ZONE 1 .
CASE NAME: AURA CIRCLE
10 CASE NO.: GPA 05-06/LCPA 05-03/HMP 06-127
_ SDP 05-05/HDP 03-05/CDP 03-32
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on May 2, 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; Local Coastal Program Amendment, Habitat Management Plan
Permit, Site Development Plan, Hillside Development Permit and Coastal Development Permit;16
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WHEREAS, the City Council of the City of Carlsbad, on the _ __ day oflo
_ , 2007, held a duly noticed public hearing to consider said Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
_, Amendment; Local Coastal Program Amendment, Habitat Management Plan Permit, Site
22 Development Plan, Hillside Development Permit and Coastal Development 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
25 Program and/or GPA 05-06, LCPA 05-03, HMP 06-12, SDP 05-05, HDP 03-05, and CDP 03-32;
26 and
27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2g Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commission as set forth in
Planning Commission Resolutions No. 6285, 6286, 6288, 6289, 6290, 6291, 6292 and 6293 on
file with the City Clerk and made a part hereof by reference, are the findings and conditions of
4 the City Council.
5 3. That the application for a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and General Plan Amendment; Local Coastal Program
6 Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development
Permit and Coastal Development Permit on property generally located west of Kelly Drive and
7 north of Hillside Drive at the Terminus of Aura Circle is approved as shown in Planning
Commission Resolutions No. 6285, 6286, 6288, 6289, 6290, 6291, 6292 and 6293.
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4. That the application for a General Plan Amendment to change the Land Use
9 designation from Residential Low-Medium Density (RLM) to Open Space (OS) on 12.36 acres
of land contained within Lots 10 and 11 of Tentative Tract Map CT 03-10 as shown in Planning
10 Commission Resolution No. 6286, is hereby accepted, approved in concept, and shall be
included in the second General Plan Amendment of 2007.
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5. This action shall not become final until the Local Coastal Program Amendment
(LCPA 05-03) 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:
14 "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
20 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
22 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26™ day of June, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None.
ABSENT: None.
arv\
LORRAINE M. WOOD, City Clerk'
(SEAL)
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