HomeMy WebLinkAbout2010-11-30; City Council; Resolution 2010-262EXHIBIT 1
1 RESOLUTION NO. 2010-262
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DETERMINING THAT THE
3 PROJECT IS WITHIN THE SCOPE OF A PREVIOUSLY
CERTIFIED ENVIRONMENTAL IMPACT REPORT, AND
4 APPROVING A GENERAL PLAN AMENDMENT TO CHANGE
THE GENERAL PLAN LAND, USE DESIGNATIONS FROM
5 PLANNED INDUSTRIAL (PI) AND OPEN SPACE (OS) TO OS
AND A COMBINATION DISTRICT OF PLANNED
6 INDUSTRIAL/OFFICE (PI/O) AND A LOCAL COASTAL
PROGRAM AMENDMENT TO CHANGE THE LAND USE AND
7 ZONING DESIGNATIONS FROM PLANNED INDUSTRIAL AND
OPEN SPACE TO OPEN SPACE AND A COMBINATION
8 DISTRICT OF PLANNED INDUSTRIAL/OFFICE ON PROPERTY
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT
9 ROAD, EAST AND WEST OF COLLEGE BOULEVARD, AND
SOUTH OF FARADAY AVENUE WITHIN THE BOUNDARIES OF
10 THE CITY OF CARLSBAD MUNICIPAL GOLF COURSE IN
LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8.
11 CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE
MAPPING
12 CASE NO.: GPA 09-06/LCPA 09-06
1^ The City Council of the City of Carlsbad, California, does hereby resolve as
follows:14
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on September 15, 2010, hold a duly noticed public hearing as prescribed by16
law to consider the General Plan Amendment GPA 09-06, according to Exhibit "GPA 09-06"
attached to Planning Commission Resolution No. 6715 and incorporated herein by reference,1 o
and Local Coastal Program Amendment LCPA 09-06, according to Exhibit "LCPA 09-06"
attached to Planning Commission Resolution No. 6717 and incorporated herein by reference, to
~1 change the General Plan and Local Coastal Program Land Use designations from Planned
~~ Industrial (PI) and Open Space (OS) to Open Space (OS) and a combination district of Planned
-., Industrial/Office (PI/O), and the Local Coastal Program Zoning designation from Planned
24 Industrial (PI) and Open Space (OS) to Open Space (OS) and a combination district of Planned
25 Industrial/Office (P-M/O), and the Planning Commission adopted Planning Commission
26 Resolutions No. 6715, 6716, and 6717 recommending to the City Council that they be
27 approved; and
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1 WHEREAS, the City Council of the City of Carlsbad, on the 30tb day of
2 November 2010, held a duly noticed public hearing to consider said determination
3 that the project is within the scope of a previously certified Environmental Impact Report,
4 General Plan 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 determination that the project is within the scope of a previously certified
8 Environmental Impact Report, General Plan Amendment, and Local Coastal Program
9 Amendment.
10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
11 of Carlsbad as follows:
1 9 1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the
14 determination that the project is within the scope of a previously certified Environmental Impact
Report, and approval of a General Plan Amendment (GPA 09-06) and Local Coastal Program
15 Amendment (LCPA 09-06) are adopted and approved, and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolutions No. 6715, 6716, and
16 6717 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. That the application for a General Plan Amendment to change the Land
18 Use designation from Planned Industrial (PI) and Open Space (OS) to a combination district of
Planned Industrial/Office (PI/O) and Open Space on property generally located north of Palomar
19 Airport Road, east and west of College Boulevard, and south of Faraday Avenue within the
boundaries of the City of Carlsbad Municipal Golf Course as shown in Planning Commission
20 Resolution No. 6715, is hereby accepted and approved, and shall be effective no sooner than
thirty days after its adoption, but not until LCPA 09-06 is approved by the California Coastal
21 Commission.
22 4. That the approval of LCPA 09-06 to change the Local Coastal Program
Land Use designation from Planned Industrial (PI) and Open Space (OS) to a combination
23 district of Planned Industrial/Office (PI/O) and Open Space and to change the Local Coastal
Program Zoning designation from Planned Industrial (P-M) and Open Space (OS) to a
24 combination district of Planned Industrial/Office (P-M/O) and Open Space (OS) shall not
become effective until it is approved by the California Coastal Commission and the California
25 Coastal Commission's approval becomes effective.
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5. This action is final the date this resolution is adopted by the City Council
and is subject to the approval of the LCPA 09-06 by the California Coastal Commission. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"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 special meeting of the City Council of the City of
Carlsbad on the 30th day of November, 2010, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES:
ABSENT:
None.
None.
IDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, Cife^l^rk1
(SEAL)
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