HomeMy WebLinkAbout2009-05-12; City Council; Resolution 2009-0991 RESOLUTION NO. 2009-099
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FIRST
3 AMENDMENT IN 2009 TO THE LAND USE ELEMENT AND
OPEN SPACE AND CONSERVATION ELEMENT OF THE
4 GENERAL PLAN, CONSISTING OF A PROJECT COMMONLY
KNOWN AS "SEASCAPE" (GPA 05-11).
5 APPLICANT: CITY OF CARLSBAD
CASE NAME: FIRST AMENDMENT IN 2009 TO THE LAND USE
6 ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT OF THE GENERAL
7 PLAN
8 WHEREAS, pursuant to Government Code Section 65358(b), no mandatory
9 element of the General Plan shall be amended more frequently than four times during any
10 calendar year, and any one of those four amendments may include more than one change to
11 the General Plan; and
12 WHEREAS, the Land Use Element and Open Space and Conservation Element
13 are mandatory elements of the General Plan; and
14 WHEREAS, pursuant to Government Code Section 65358, and the provisions of
15 the Carlsbad Municipal Code, the Planning Commission did, on November 5, 2008, hold a duly
1" noticed public hearing as prescribed by law to consider the proposed changes to the General
17 Plan; and
1 O WHEREAS, the Planning Commission adopted Planning Commission Resolution
19 No. 6499 recommending approval of the proposed changes to the General Plan; and
90 WHEREAS, the City Council did, on January 6, 2009 hold a duly noticed public
21 hearing to consider the Planning Commission's recommendation and to hear all persons
22 interested in the proposed amendment to the General Plan and the related environmental
23 review; and
24 WHEREAS, the City Council adopted City Council Resolution No. 2009-009 on
25 January 6, 2009 approving in concept the proposed changes to the General Plan.
26 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad,
27 California, does hereby resolve as follows:
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1 1. That the above recitations are true and correct.
2 2. That the findings of the City Council set forth in City Council Resolution No.
2009-009 (on file in the City Clerk's office) are made a part hereof by reference.
. 3. That the first amendment in 2009 to the Land Use Element and Open Space
and Conservation Element of the General Plan is approved as shown on the attached exhibit
5 consisting of 1 page titled "Exhibit 'GPA 05-11'" (dated, November 5, 2008).
6 EFFECTIVE DATE: The amendment to the Land Use Element and the Open
j Space and Conservation Element shall not become effective until both of the following have
g occurred.
9 1. Thirty (30) days have passed following the adoption of this resolution, and
10 2. The California Coastal Commission has approved the associated Local
11 Coastal Program Amendment—LCPA 05-06.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of May, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
IS, Mayor
ATTEST:
r^LdRRAlNE^I
(SEAL)
GPA 05-11
Exhibit "GPA 05-11"
November 5, 2008
Seascape
EXISTING
PROPOSED
Related Case File No(s):
ZC 05-10/ LCPA 06-06/ CT OS-18/ PUD OS-14/ SDP 05-12; COP 05-37/ HDP 06-02; HMP 07-09
General Plan Land Use Designation Chans
Property
A. 215-040-09
B. 215-040-11
From:
RLM
RLM
es
To:
RLM;OS
RLM/OS
(p