HomeMy WebLinkAbout2010-01-26; City Council; Resolution 2010-017EXHIBIT 1
1 RESOLUTION NO. 2010-017
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 ADDENDUM, AND
4 APPROVING AN AMENDMENT TO THE LAND USE ELEMENT
OF THE GENERAL PLAN (GPA 09-01) TO CHANGE THE
5 GENERAL PLAN LAND USE DESIGNATION ON A 4.37 ACRE
PARCEL IDENTIFIED IN THE ROBERTSON RANCH MASTER
6 PLAN AS PLANNING AREA 22 FROM UNPLANNED AREA (UA)
TO OFFICE & RELATED COMMERCIAL (O) AND OPEN SPACE
7 (OS), AND TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION ON A 2.21 ACRE WESTERLY PORTION OF THE
8 ADJACENT PARCEL, REFERRED TO IN THE MASTER PLAN
AS THE "OPTION PARCEL," FROM RESIDENTIAL LOW-
9 MEDIUM DENSITY (RLM, 0-4 DU/AC) TO OFFICE & RELATED
COMMERCIAL (O) AND OPEN SPACE (OS); APPROVING A
10 TENTATIVE TRACT MAP (CT 09-01) TO SUBDIVIDE 10.07
ACRES INTO FOUR LOTS WITH 49 AIRSPACE CONDOMINIUM
11 OFFICE UNITS; AND APPROVING A SITE DEVELOPMENT
PLAN (SDP 09-01) TO DEVELOP A 5.43 ACRE SITE WITH A
12 RECREATIONAL VEHICLE STORAGE AREA AND A 66,000
SQUARE FOOT, 43.5 FOOT TALL, THREE STORY OFFICE
13 BUILDING, WITH ARCHITECTURAL FEATURES EXTENDING
TO 55 FEET IN HEIGHT ON PROPERTY GENERALLY
14 LOCATED SOUTH OF CANNON ROAD, EAST OF EL CAMINO
REAL, AT THE SOUTHEAST CORNER OF THE INTERSECTION
15 OF WIND TRAIL WAY AND CANNON ROAD, WITHIN THE
ROBERTSON RANCH MASTER PLAN, PLANNING AREA 22
16 AND THE "OPTION PARCEL," IN LOCAL FACILITIES
MANAGEMENT ZONE 14.
17 CASE NAME: ROBERTSON RANCH PA 22
CASE NO.: GPA 09-01/CT 09-01/SDP 09-0118
The City Council of the; City of Carlsbad, California, does hereby resolve as
19 follows:
20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
21 Commission did, on December 16, 2009, hold a duly noticed public hearing as prescribed by
22 law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
23 Program and Addendum, as referenced in Planning Commission Resolution No. 6657, General
24 Plan Amendment GPA 09-01, according to Exhibit "GPA 09-01" attached to Planning
25 Commission Resolution No. 6658, Tentative Tract Map CT 09-01 as referenced in Planning
7f>
Commission Resolution No. 6661, and Site Development Plan 09-01 as referenced in Planning
27 Commission Resolution No. 6662; and the Planning Commission adopted Planning Commission
M
1 Resolutions No. 6657, 6658, 6661 and 6662 recommending to the City Council that they be
2 approved; and
3 WHEREAS, the City Council of the City of Carlsbad, on the ?6t-h day of
4 January , 2010, held a duly noticed public hearing to consider said Mitigated
5 Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum,
6 General Plan Amendment, Tentative Tract Map, 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 and Addendum, General Plan Amendment, Tentative Tract Map, 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
Addendum, and approval of a General Plan Amendment (GPA 09-01), Tentative Tract Map (CT
16 09-01), and Site Development Plan (SDP 09-01) are adopted and approved, and that the
findings and conditions of the Planning Commission contained in Planning Commission
17 Resolutions No. 6657, 6658, 6661 and 6662 on file with the City Clerk and 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
19 General Plan Land Use designation on a 4.37 acre parcel identified in the Robertson Ranch
Master Plan as Planning Area 22 from Unplanned Area (UA) to Office & Related Commercial
20 (O) and Open Space (OS), and to change the General Plan Land Use designation on a 2.21
acre westerly portion of the adjacent parcel, referred to in the master plan as the "Option
21 Parcel," from Residential Low-Medium Density (RLM, 0-4 du/ac) to Office & Related
Commercial (O) and Open Space (OS) on property generally located south of Cannon Road,
22 east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and
Cannon Road, within the Robertson Ranch Master Plan, in Local Facilities Management Zone
23 14, as shown in Planning Commission Resolution No. 6658, is hereby accepted and approved,
and shall be effective no sooner than thirty days after its adoption.
24
4. This action is final the date this resolution is adopted by the City Council.
25 The 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 26tb day of January 2010, by the following vote, to wit:
AYES: Council Member? Lewi?, Kulcbin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTES
LOrtRAINE/fo. WOOD/fyty Clerk
(SEAL)
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