HomeMy WebLinkAbout2010-08-24; City Council; Resolution 2010-213EXHIBIT 1
1 RESOLUTION NO. 2010-213
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
3 DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
4 AMENDMENT TO THE LAND USE ELEMENT OF THE
GENERAL PLAN TO ESTABLISH A NEW GENERAL PLAN
5 LAND USE DESIGNATION OF GENERAL COMMERCIAL (GC).
CASE NAME: GENERAL COMMERCIAL AMENDMENT
6 CASE NO.: GPA 04-03
7 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on July 7, 2010, hold a duly noticed public hearing as prescribed by law to
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consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
as referenced in Planning Commission Resolution No. 6700, General Plan Amendment GPA
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04-03, according to Exhibit "X" dated July 7, 2010 attached to Planning Commission Resolution
No. 6701 incorporated herein by reference to establish a new General Plan Land Use
designation of General Commercial (GC); and
WHEREAS the Planning Commission adopted Planning Commission16
Resolutions No. 6700 and 6701 recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 24th day of August1 o
2010, held a duly noticed public hearing to consider said Mitigated Negative Declaration and
?0 Mitigation Monitoring and Reporting Program and General Plan Amendment; and
~. WHEREAS, at said public hearing, upon hearing and considering all testimony
~~ and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
2^> relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
24 and General Plan Amendment.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
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1. That the above recitations are true and correct.
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2. That the recommendation of the Planning Commission for the adoption of
28 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
1 approval of the General Plan Amendment are adopted and approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolutions No.
2 6700 and 6701 on file with the City Clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
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3. This action is final the date this resolution is adopted by the City Council.
4 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"6
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
8 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
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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."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of August, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
'OOJD) City Clerk
(SEAL)