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HomeMy WebLinkAbout2010-08-24; City Council; Resolution 2010-214EXHIBIT 2 1 RESOLUTION NO. 2010-214 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 CHANGE THE LAND USE DESIGNATION 5 FROM TRAVEL/RECREATION COMMERCIAL (TR) AND PLANNED INDUSTRIAL (PI) TO GENERAL COMMERCIAL (GC) 6 ON A 16.65 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO 7 REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PALOMAR COMMONS 8 CASE NO.: GPA 09-07 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 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. 6700 and General Plan Amendment 14 GPA 09-07 according to Exhibit "GPA 09-07" dated July 7, 2010 attached to Planning Commission Resolution No. 6702 incorporated herein by reference to change the General Plan16 land use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC); and1 o WHEREAS the Planning Commission adopted Planning Commission Resolutions No. 6700 and 6702 recommending to the City Council that they be approved; and 2 , WHEREAS, the City Council of the City of Carlsbad, on the 24th day of Au ~~ 2010, held a duly noticed public hearing" to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 27 and General Plan Amendment. 28 "/ 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 2 1. That the above recitations are true and correct. 3 . 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and c 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. 6700 and 6702 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 7 3. That the application for a General Plan Amendment to change the Land 8 Use designation from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) on a 16.65 acre site generally located at the southwest corner of 9 Palomar Airport Road and El Camino Real as shown in Planning Commission Resolution No. 6702, is hereby approved. 10 4. This action is final the date this resolution is adopted by the City Council. 11 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 12 13 14 15 16 17 18 19 '" 20 '" 21 '" 22 '" 23 '" 24 "' 25 "' 26 "' 27 "' 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 "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 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: (SEAL) -3-°l