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HomeMy WebLinkAbout2008-06-17; City Council; Resolution 2008-174EXHIBIT 2 1 RESOLUTION NO. 2008-174 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DETERMINATION 3 THAT SPECIFIC PLAN AMENDMENT (SP 207(G)) AND LOCAL COASTAL PROGRAM AMENDMENT (LCPA 07-07) ARE WITHIN 4 THE SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC PLAN PROGRAM EIR AND THAT THE 5 PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITY FOR THE PURPOSES OF CEQA AND APPROVING A LOCAL 6 COASTAL PROGRAM AMENDMENT TO AMEND THE CARLSBAD RANCH SPECIFIC PLAN, PLANNING AREA 7 (THE 7 FLOWER FIELDS) TO ALLOW FOR A SECOND DRIVEWAY ACCESS FOR INGRESS ONLY INTO THE ARMSTRONG 8 GARDEN CENTER/FLOWER FIELDS PROPERTY FROM PALOMAR AIRPORT ROAD ON PROPERTY GENERALLY 9 LOCATED NORTHEAST OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN THE MELLO II SEGMENT OF THE 10 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 11 CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY CASE NO.: SP 207(GVLCPA 07-07 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 16, 2008, hold a duly noticed public hearing as prescribed by law to consider a Specific Plan Amendment and Local Coastal Program Amendment and WHEREAS, the City Council of the City of Carlsbad, on the 17tb day of16 June , 2008, held a duly noticed public hearing to consider said Specific Plan Amendment and Local Coastal Program Amendment and at that time received lo recommendations, objections, protests, comments of all persons interested in or opposed to the 2Q SP 207(G) and LCPA 07-07. 01 The City Council of the City of Carlsbad, California, does hereby resolve as Z1 follows: 22 1. That the above recitations are true and correct. 23 2. That the CEQA findings of the Planning Commission as set forth in Planning 24 Commission Resolution No. 6414 on file with the City Clerk, and made a part hereof by reference, are the findings of the City Council. 25 3. That the Local Coastal Program Amendment (LCPA 07-07) findings and ^6 conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6415 on file with the City Clerk, and made a part hereof by reference, are the findings and 2' conditions of the City Council. 28 1 4. That the application for a Local Coastal Program Amendment (LCPA 07-07) on property generally located northeast of Palomar Airport Road and Paseo del Node is approved 2 as shown in Planning Commission Resolution No. 6415. •3 5. That the approval of LCPA 07-07 shall not become effective until it is approved . by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 6. This action is final the date this resolution is adopted by the City Council and is 6 subject to the approval of the LCPA 07-07 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 7 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, which has been 10 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 11 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 12 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 13 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 14 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 15 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 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 17th day of June, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. HS", Mayor ATTEST: LORRAINE M. WOOD, City Clerk'(SEAL>