HomeMy WebLinkAbout2011-10-11; City Council; Resolution 2011-244EXHIBIT 2
1 RESOLUTION NO. 7011-244
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
3 AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL LOW MEDIUM (RLM) TO
4 OPEN SPACE (OS) ON A 3.49 ACRE PROPERTY GENERALLY
LOCATED NORTH OF RANCHO CARLSBAD ESTATES AND
5 CALAVERA CREEK, SOUTH OF CANNON ROAD, EAST OF
ROBERTSON RANCH PA 22, AND WEST OF ROBERTSON
6 RANCH PA 23F IN LOCAL FACILITIES MANAGEMENT ZONE
14.
7 CASE NAME: RANCHO CARLSBAD OPTION PARCEL
CASE NO.: GPA 10-05
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The City Council of the City of Carlsbad, California, does hereby resolve as
9 follows:
10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did, on July 20, 2011, hold a duly noticed public hearing as prescribed by law to
12 consider the General Plan Amendment GPA 10-05, according to Exhibit "GPA 10-05" attached
13 to Planning Commission Resolution No. 6781 and incorporated herein by reference to change
14 the General Plan Land Use designation from Residential Low Medium (RLM) to Open Space
15 (OS) on a 3.49 acre property and the Planning Commission adopted Planning Commission
16 Resolution No. 6781 recommending to the City Council that it be approved; and
17 WHEREAS, the City Council of the City of Carlsbad, on the llth day of
18 October , 2011, held a duly noticed public hearing to consider adoption of a General
19 Plan Amendment GPA 10-05; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
22 relating to the adoption of a General Plan Amendment.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
24 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 approval of
27 a General Plan Amendment (GPA 10-05) is adopted and approved, and that the findings and
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conditions of the Planning Commission contained in Planning Commission Resolution No. 6781
on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
3. That the application for a General Plan Amendment to change the Land
Use designation from Residential Low Medium (RLM) to Open Space (OS) on a 3.49 acre
property generally located north of Rancho Carlsbad Estates and Calavera Creek, south of
Cannon Road, east of Robertson Ranch PA 22, and west of Robertson Ranch PA 23F as
shown in Planning Commission Resolution No. 6781, is hereby accepted and approved, and
shall be effective no sooner than thirty days after its adoption..
4. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time
Limits for Judicial Review" shall apply:
8 "NOTICE TO APPLICANT"
9 The time within which judicial review of this decision must be sought is governed
10 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
1 1 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
12 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
13 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
14 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 11 th day of October 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
RAINE M. WOOD, City Clerk
(SEAL) \