HomeMy WebLinkAbout2011-01-25; City Council; Resolution 2011-006EXHIBIT 1
1 RESOLUTION NO. 2011-006
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND
3 UPHOLDING THE PLANNING COMMISSION'S DECISION TO
APPROVE TENTATIVE TRACT MAP CT 04-13, HILLSIDE
4 DEVELOPMENT PERMIT HDP 04-06, AND HABITAT
MANAGEMENT PERMIT HMP 09-10 AND RECOMMENDATION
5 TO ADOPT A MITIGATED NEGATIVE DECLARATION AND
APPROVE GENERAL PLAN AMENDMENT GPA 09-08 AND
6 ZONE CHANGE ZC 09-09 ON PROPERTY GENERALLY
LOCATED SOUTH OF EL FUERTE STREET AND NORTH OF
7 CACATUA STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 6.
8 CASE NAME: EL FUERTE VIEW
CASE NO.: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP
9 09-10
10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did, on October 6, 2010, hold a duly noticed public hearing as prescribed by law
12 and approved a Tentative Map CT 04-13, Hillside Development Permit HDP 04-06, and Habitat
1^ Management Permit HMP 09-10, recommended adoption of a Mitigated Negative Declaration,
14 and recommended approval of a General Plan Amendment GPA 09-08 and Zone Change ZC
15 09-09 for the grading of a seven lot single family residential subdivision; and
16 WHEREAS, the appellant on October 18, 2010 timely filed an appeal with the City
17 Clerk; and
1 810 WHEREAS, after providing the opportunity for all persons both in favor and
19 opposed to testify on the appeal and having considered all documents, reports, correspondence
70 and other evidence and having duly deliberated on the appeal.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
22 Carlsbad, California, as follows:
23 1. That the above recitations are true and correct.
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2. That the findings of the Planning Commission in Resolutions No. 6669,
25 6670, 6671, 6672, 6674 and 6675 on file with the City Clerk and incorporated herein by
reference constitute the findings of the City Council in this matter.
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3. That the appellant's appeal is denied with prejudice and that the
27 appellants shall bear their costs of appeal.
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1 4. This action is the final date this resolution is adopted by the City Council.
2 The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
3 Review" shall apply.
4 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
5 of the City of Carlsbad on the 25th day of January 2011, by the following vote
6 to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
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NOES: None.
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11 ABSENT: None.
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15 MATT H^L^'Mayor
16 ATTEST:
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-ORRAINE M. WOOD, City Clerk
20 (SEAL/)
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