HomeMy WebLinkAbout2010-06-22; City Council; Resolution 2010-1631 RESOLUTION NO. 2010-163
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 AND LOCAL
5 COASTAL LAND USE DESIGNATIONS FROM RESIDENTIAL
LOW-MEDIUM (RLM) TO RESIDENTIAL MEDIUM (RM) AND
6 OPEN SPACE (OS) AND THE LOCAL COASTAL PROGRAM
ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO
7 RESIDENTIAL DENSITY-MULTIPLE (RD-M), SINGLE-FAMILY
RESIDENTIAL (R-1), AND OPEN SPACE (OS) ON A 20.27
8 ACRE PROPERTY GENERALLY LOCATED NORTH OF AVIARA
PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE
9 LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
10 CASE NAME: MUROYA SUBDIVISION
CASE NO.: GPA 06-09/LCPA 06-09
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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 April 7, 2010, 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. 6681, General Plan Amendment GPA
06-09, according to Exhibit "GPA 06-09" attached to Planning Commission Resolution No. 6682
1 8 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-09,
19 according to Exhibit "LCPA 06-09" attached to Planning Commission Resolution No. 6685 and
20 incorporated herein by reference, to change the General Plan and Local Coastal Program Land
21 Use designations from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential
22 Medium (RM, 4-8 du/ac), and Open Space (OS), and the Local Coastal Program Zoning
23 designation from Limited Control (L-C) to Residential Density-Multiple (RD-M), One-Family
24 Residential (R-1), and Open Space (OS), and the Planning Commission adopted Planning
25 Commission Resolutions No. 6681, 6682, and 6685 recommending to the City Council that they
26 . . .be approved; and
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1 WHEREAS, the City Council of the City of Carlsbad, on the 22ND day of
2 JUNE , 2010, held a duly noticed public hearing to consider said Mitigated
3 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan
4 Amendment, and Local Coastal Program Amendment; and
5 WHEREAS, at said public hearing, upon hearing and considering all testimony
6 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
7 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
8 General Plan Amendment, and Local Coastal Program Amendment.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
10 of Carlsbad as follows:
1. That the above recitations are true and correct.
12 2. That the recommendation of the Planning Commission for the adoption of
13 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
approval of a General Plan Amendment (GPA 06-09) and Local Coastal Program Amendment
14 (LCPA 06-09) are adopted and approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolutions No. 6681, 6682, and 6685 on file
15 with the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council.
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3. That the application for a General Plan Amendment to change the Land
17 Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Medium
Density (RM, 4-8 du/ac) and Open Space (OS) on a 20.27 acre site generally located north of
18 Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, as
shown in Planning Commission Resolution No. 6682, is hereby accepted and approved, and
19 shall be effective no sooner than thirty days after its adoption, but not until LCPA 06-09 is
approved by the California Coastal Commission.
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4. That the approval of LCPA 06-09 shall not become effective until it is
21 approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
22
5. This action is final the date this resolution is adopted by the City Council
23 and is subject to the approval of the LCPA 06-09 by the California Coastal Commission. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"24 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 ninetieth 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 is filed with a 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, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
ATTEST:
, City Clerk 0