HomeMy WebLinkAbout2008-11-18; City Council; Resolution 2008-305EXHIBIT 1
1 RESOLUTION NO. 2008-305
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 AND LOCAL COASTAL PROGRAM
AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL
5 COASTAL PROGRAM LAND USE DESIGNATIONS FROM
RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO
6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND
OPEN SPACE (OS) ON A 1.08 ACRE SITE GENERALLY
7 LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG
THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON
8 BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE
AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL
9 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ADAMS STREET SUBDIVISION
10 CASE NO.: GPA 06-08/LCPA 06-08
11 The City Council of the City of Carlsbad, California, does hereby resolve as
12 follows:
13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 Commission did, on October 1, 2008, hold a duly noticed public hearing as prescribed by law to
15 consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program,
16 as referenced in Planning Commission Resolution No. 6474, General Plan Amendment GPA
17 06-08, according to Exhibit "GPA 06-08" attached to Planning Commission Resolution No. 6475
18 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-08,
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according to Exhibit "LCPA 06-08" attached to Planning Commission Resolution No. 6477 and
20 incorporated herein by reference to change the General Plan and Local Coastal Program Land
21 Use designations from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-
79 Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and the Planning Commission
23 adopted Planning Commission Resolutions No. 6474, 6475, and 6477 recommending to the
24 City Council that they be approved; and
25 WHEREAS, the City Council of the City of Carlsbad, on the 18tb day of
96 November , 2008, held a duly noticed public hearing to consider said Mitigated
27 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
28 Amendment, and Local Coastal Program Amendment; and
1 WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
3 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
4 General Plan Amendment, and Local Coastal Program Amendment.
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
6 of Carlsbad as follows:
' 1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption of
a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
approval of a General Plan Amendment and Local Coastal Program Amendment are adopted
and approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 6474, 6475, and 6477 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
12 3. That the application for a General Plan Amendment to change the Land
Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-
13 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) on a 1.08 acre site generally located
on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between
14 Highland Drive and Park Drive, as shown in Planning Commission Resolution No. 6475, is
hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 3 of
15 2008.
4. That the approval of LCPA 06-08 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's17 approval becomes effective.
18 5. This action is final the date this resolution is adopted by the City Council
in and is subject to the approval of the LCPA 06-08 by the California Coastal Commission. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
2Q shall apply:
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"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
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
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 18tb day of November 2008, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None-
ABSENT: Council Member Kulcbin.
ATTEST:
LOfcPxAINB M. WQf),'City Clerk
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