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HomeMy WebLinkAbout2012-02-28; City Council; Resolution 2012-044EXHIBIT 2 1 RESOLUTION NO. 2012-044 9 10 11 12 13 14 15 18 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE FINDINGS THAT 3 THE FINAL NEGATIVE DECLARATION ND 10-807 (ND) APPROVED BY THE CITY OF SAN MARCOS ADEQUATELY 4 ANALYZES THE ANNEXATION TO CARLSBAD OF 0.696 ACRE FROM THE CITY OF SAN MARCOS, AND THE DETACHMENT 5 OF 1.746 ACRES FROM CARLSBAD TO THE CITY OF SAN MARCOS TO FACILITATE A BOUNDARY ADJUSTMENT 6 BETWEEN THE TWO CITIES ALONG RANCHO SANTA FE (RSF) ROAD NORTH OF THE INTERSECTION OF RSF ROAD 7 AND MELROSE DRIVE TO SOUTH OF LA COSTA MEADOWS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: RSF BOUNDARY ADJUSTMENT CASE NO: GPA 11-03/ZC 11-02/ANX 11-02/DTCH 11-01 The City Council of the City of Carisbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 6, 2011, hold a dully noticed public hearing as prescribed by law to consider ND 10-807, and adopted Planning Commission Resolution No. 6783, recommending adoption of the Findings that the ND prepared and adopted by the City of San Marcos is adequate; and WHEREAS, the City Council of the City of Carisbad, on the 28th day of February 2012, held a duly noticed public hearing to consider the recommendation and 1^ heard all persons interested in or opposed to the adequacy of the ND. 2Q NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 21 Carisbad, California, as follows that: 22 1. The above recitations are true and correct. 23 2. That the recommendation of the Planning Commission for the adoption of the Findings that the ND prepared and adopted by the City of San Marcos is adequate as 24 adopted and that the findings of the Planning Commission contained in Planning Commission Resolution No. 6783, on file with the City Clerk and incorporated herein by reference, are the 25 findings of the City Council. 26 3. The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time 27 Limits for Judicial Review" shall apply: 28 1 "NOTICE TO APPLICANT" 2 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 3 Carisbad by Carisbad 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 4 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 5 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 6 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, 7 City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// 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 ofthe City Council of the City of Carisbad on the 28^^ day of February, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATt HALL, Mayor ATTEST: INE M. WOOD, City Clerk (SEAy^ss^C^B^^^