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HomeMy WebLinkAbout2008-02-05; City Council; Resolution 2008-0271 RESOLUTION NO. 2008-027 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 ELEMENT FROM PLANNED INDUSTRIAL (PI) TO OFFICE (O) ON 5 PROPERTY LOCATED ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND TOWN GARDEN ROAD IN 6 PLANNING AREA 1 IN THE BRESSI RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 7 17. CASE NAME: BRESSI RANCH MEDICAL PLAZA 8 CASE NO.: GPA 07-07/MP 178 (F) 9 10 WHEREAS, pursuant to the provisions of the Municipal Code, the 11 Planning Commission did, on December 5, 2007, hold a duly noticed public hearing as 12 prescribed by law to consider a Negative Declaration and General Plan Amendment; 13 and 14 WHEREAS, the City Council of the City of Carlsbad, on the si-h day of February . 2008, held a duly noticed public hearing to consider said Negative 16 Declaration and General Plan Amendment and at that time received recommendations, 17 objections, protests, comments of all persons interested in or opposed to the Negative18 Declaration and/or GPA 07-07; and 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carlsbad, California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the findings and conditions of the Planning Commission as set 24 forth in Planning Commission Resolutions No. 6359 and 6360 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City 25 Council. 26 3. That the application for a Negative Declaration and General Plan Amendment on property generally located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan is 28 approved as shown in Planning Commission Resolutions No. 6359 and 6360. 1 4. That the application for a General Plan Amendment to the Land Use Element of the General Plan to change the Land Use designation on property from 2 Planned Industrial (PI) to Office (O) on land generally located on the southeast corner of - El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan as shown in Planning Commission Resolution No. 6360, is hereby accepted, 4 approved in concept and shall be included in the First General Plan Amendment update of 2008. 5 5. This action is final the date this resolution is adopted by the City 6 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 sought is governed by Code of Civil Procedure, Section 1094.6, 10 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, 14 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 15 record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the 16 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 17 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 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: I/ORRAINE M. WOOQybity Clerk (J /SEAL)