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HomeMy WebLinkAbout2008-02-12; City Council; Resolution 2008-039£khib/l I 1 RESOLUTION NO. 2008-039 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRIDING THE SAN DIEGO 3 COUNTY REGIONAL AIRPORT LAND USE COMMISSION'S DETERMINATION OF NON-CONSISTENCY WITH THE 4 MCCLELLAN-PALOMAR AIRPORT COMPREHENSIVE LAND USE PLAN TO ALLOW FOR THE DEVELOPMENT OF AN 5 INDUSTRIAL BUILDING ON 2.71 ACRES LOCATED ON THE NORTHWEST CORNER OF DRYDEN PLACE AND PALOMAR 6 OAKS WAY, WITHIN THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN, AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE 5. CASE NAME: DURKIN FAMILY TRUST 8 CASE NO.: PIP 06-19 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 10 WHEREAS, Lot 25 of Carlsbad Tract No. 81-46 is located within the Airport 11 Influence Area of the McClellan-Palomar Airport Comprehensive Land Use Plan; and WHEREAS, all development within the Airport Influence Area must adhere to the provisions of the Comprehensive Land Use Plan for the McClellan-Palomar Airport; and WHEREAS, the San Diego County Airport Land Use Commission, represented as the San Diego County Regional Airport Authority, has determined that the industrial16 development on said lot is inconsistent with the noise requirements as stated in the Noise/Land Use Compatibility Matrix in that the project site is located within the 75 dBA Community Noise lo Equivalent Level (CNEL) noise contour; and WHEREAS, pursuant to the provisions of the Comprehensive Land Use Plan and -. California Public Utilities Code, Section 21676, the City Council of the City of Carlsbad may, 22 with a four-fifths majority vote, elect to override the determination of the Airport Land Use 2^ Commission. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 25 of Carlsbad as follows: 26 1 • That all recitations are true and correct. 27 2. That the City Council finds that the proposed industrial development on Lot 25 of Carlsbad Tract No. 81-46, as conditioned with internal noise reduction, Notice of 28 Restriction, Hold Harmless Agreement, Avigation Easement, and an exemption from outdoor eating area requirements, would minimize the public's exposure to excessive noise within the 1 project area to the greatest extent possible, considering that the development is proposed on a legally created lot and is consistent with the underlying Planned Industrial General Plan Land 2 Use, Zoning designation and Carlsbad Airport Centre Specific Plan (SP-181). 3 3. That based upon the above findings, the City Council approves the recommended override, as to noise compatibility only, of the San Diego County Regional Airport 4 Authority's determination of non-consistency with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. 5 "NOTICE TO APPLICANT" 6 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 9 seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision 10 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 14 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 15 CA. 92008." 16 17 18 19 20 21 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 12th day of February, 2008, by the following vote to wit: AYES:Council Members Lewis, Kulchin, Hall and Packard. NOES: Council Member Nygaard. ABSENT: None.