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HomeMy WebLinkAbout2009-01-06; City Council; Resolution 2009-009EXHIBIT 1 1 RESOLUTION NO. 2009-009 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, APPROVING A GENERAL PLAN 4 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), AND THE LOCAL COASTAL PROGRAM 7 ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS), 8 AND A SITE DEVELOPMENT PLAN TO CONSTRUCT TWO (2) SECOND DWELLING UNITS TO MEET THE AFFORDABLE 9 HOUSING REQUIREMENT ON A 5.05 ACRE PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF 10 BLACK RAIL ROAD AND AVENA COURT EAST WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 12 CASE NO.: GPA 05-11/LCPA 05-06/SDP 05-12 The City Council of the City of Carlsbad, California, does hereby resolve as follows:14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 5, 2008, hold a duly noticed public hearing as prescribed by law16 to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, as referenced in Planning Commission Resolution No. 6498, General Plan 1 o Amendment GPA 05-11, according to Exhibit "GPA 05-11" attached to Planning Commission _~ Resolution No. 6499 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 05-06, according to Exhibit "LCPA 05-06" attached to Planning Commission 22 Resolution No. 6501 and incorporated herein by reference, to change the General Plan and Local Coastal Program Land Use designations from Residential Low-Medium Density (RLM, 0-4 24 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and the Local Coastal Program Zoning designation from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS), and a Site Development Plan SDP 05-12, as referenced in 27 Planning Commission Resolution No. 6504, to construct two (2) second dwelling units to meet 28 the affordable housing requirement, and the Planning Commission adopted Planning 1 Commission Resolutions No. 6498, 6499, 6501, and 6504 recommending to the City Council 2 that they be approved; and 3 WHEREAS, the City Council of the City of Carlsbad, on the 6tb day of 4 January , 2008, held a duly noticed public hearing to consider said Mitigated 5 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan 6 Amendment, Local Coastal Program Amendment, and Site Development Plan; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony 8 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 9 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 10 General Plan Amendment, Local Coastal Program Amendment, and Site Development Plan. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 12 of Carlsbad as follows: 1. That the above recitations are true and correct. 14 2. That the recommendation of the Planning Commission for the adoption of 15 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of a Local Coastal Program Amendment and Site Development Plan are adopted and 16 approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6498, 6501, and 6504 on file with the City Clerk and 17 incorporated herein by reference, are the findings and conditions of the City Council. 18 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- 19 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) on a 5.05 acre site generally located on the northeast corner of Black Rail Road and Avena Court East, as shown in Planning 20 Commission Resolution No. 6499, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 1 of 2009. 21 4. That the approval of LCPA 05-06 shall not become effective until it is 22 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 23 5. This action is final the date this resolution is adopted by the City Council 24 and is subject to the approval of the LCPA 05-06 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"25 shall apply: 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 "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 6tb day of January 2009. by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLA , Mayor ATTEST: A? LORRAINE M /SEAL) D, City Clerk -3-