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HomeMy WebLinkAbout2009-12-22; City Council; Resolution 2009-322EXHIBIT 1 1 RESOLUTION NO. 2009-322 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 TO ADOPT THE UPDATE OF THE HOUSING ELEMENT FOR THE 2005-2010 HOUSING CYCLE 5 AS REQUIRED BY THE CALIFORNIA GOVERNMENT CODE AND WHICH AFFECTS PROPERTIES THROUGHOUT THE 6 CITY. CASE NAME: 2005-2010 HOUSING ELEMENT 7 CASE NO.: GPA 03-02 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Housing Commission did, on February 12, 2009, hold a noticed public meeting to consider General Plan Amendment GPA 03-02, as referenced in Housing Commission Resolution No. 2009-001, and12 the Housing Commission adopted Housing Commission Resolution No. 2009-001, recommending to the Planning Commission and City Council that GPA 03-02 be approved; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 18, 2009, hold a duly noticed public hearing as prescribed by16 law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, as referenced in Planning Commission Resolution No. 6547, and General Plan18 Amendment GPA 03-02, as referenced in Planning Commission Resolution No. 6548, and the Planning Commission adopted Planning Commission Resolutions No. 6547 and 6548 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of ~~ December , 2009, held a duly noticed public hearing to consider said Mitigated 24 Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan 25 Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 28 1 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 2 and General Plan Amendment. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 4 of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Housing Commission for the approval of General Plan Amendment GPA 03-02 is adopted and approved, and that the findings of the Housing Commission contained in Housing Commission Resolution No 2009-001 on file with o the City Clerk and incorporated herein by reference are the findings of the City Council. 9 3. That the recommendations of the Planning Commission for the (1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 10 and (2) approval of General Plan Amendment GPA 03-02 are adopted and approved, and that the findings of the Planning Commission contained in Planning Commission Resolutions No. 11 6547 and 6548 on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 12 4. This action is final the date this resolution is adopted by the City Council. 13 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review", shall apply: 14 "NOTICE TO APPLICANT" 15 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 1° 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 an19 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 21 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 22 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 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 22nd day of December. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, and Blackburn. NOES: None. ABSENT: Council Member Packard. >, Mayor ATTEST: JJL Altffi M. EAL) (J