HomeMy WebLinkAbout2009-09-15; City Council; Resolution 2009-230EXHIBIT 1
1 RESOLUTION NO. 2009-230
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 LAND USE
5 DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY
(RLM, 0-4 DU/AC) AND OPEN SPACE (OS) TO RESIDENTIAL
6 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND THE LOCAL
COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED
7 CONTROL (L-C) TO ONE FAMILY RESIDENTIAL (R-1) ON A
10.16 ACRE SITE GENERALLY LOCATED AT THE NORTH-
8 EAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE
OF EL CAMINO REAL WITHIN THE MELLO II SEGMENT OF
9 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 24.
10 CASE NAME: TABATA10
CASE NO.: GPA 06-04/LCPA 06-02
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The City Council of the City of Carlsbad, California, does hereby resolve as
12 follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 15, 2009, hold a duly noticed public hearing as prescribed by law to
consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program,
as referenced in Planning Commission Resolution No. 6601, General Plan Amendment GPA
06-04, according to Exhibit "GPA 06-04" attached to Planning Commission Resolution No. 6602
1810 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-02,
19 according to Exhibit "LCPA 06-02" attached to Planning Commission Resolution No. 6602 and
70 incorporated herein by reference to change the General Plan designation from Residential Low-
21 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) to Residential Low-Medium Density
22 (RLM, 0-4 du/ac), and to change the Local Coastal Program Zoning designation from Limited
23 Control (L-C) to One Family Residential (R-1), and the Planning Commission adopted Planning
24 Commission Resolutions No. 6601, 6602, and 6603 recommending to the City Council that they
25 . .be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the -i^y, day of
27 September , 2009, held a duly noticed public hearing to consider said Mitigated
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1 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
2 Amendment, and Local Coastal Program Amendment; and
3 WHEREAS, at said public hearing, upon hearing and considering all testimony
4 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
5 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
6 General Plan Amendment, and Local Coastal Program Amendment.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
8 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
11 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
approval of a General Plan Amendment and Local Coastal Program Amendment are adopted
12 and approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 6601, 6602, and 6603 on file with the City Clerk and
13 incorporated herein by reference, are the findings and conditions of the City Council.
14 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) and Open Space (OS)
15 to Residential Low-Medium Density (RLM, 0-4 du/ac) on a 10.16 acre site generally located at
the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello
16 II Segment of the Local Coastal Program and Local Facilities Management Zone 24, as shown
in Planning Commission Resolution No. 6602, is hereby accepted and approved, and shall be
17 effective no sooner than thirty days after its adoption but not until LCPA 06-02 is approved by
the California Coastal Commission.
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4. That the approval of LCPA 06-02 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
5. This action is final the date this resolution is adopted by the City Council
and is subject to the approval of the LCPA 06-02 by the California Coastal Commission. The
22 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
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 15tb day of September 2009, by the following vote, to wit:
AYES: Council Members Lewi?, Kulcbin, Hall, Packard & Blackburn.
NOES: None.
ABSENT: None.
ATTEST
. WOOD, City cferk
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