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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 8 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: 25 1. That the above recitations are true and correct. 26 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 28 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 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 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) \