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HomeMy WebLinkAbout2012-02-28; City Council; Resolution 2012-045EXHIBIT 3 1 RESOLUTION NO. 2012-045 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN 3 AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO APPROVE A GENERAL PLAN 4 DESIGNATION OF PRIME ARTERIAL ON 0.696 ACRE OF ANNEXED ROAD RIGHT-OF-WAY GENERALLY LOCATED ON 5 A PORTION OF THE EAST SIDE OF RANCHO SANTA FE (RSF) ROAD, SOUTH OF THE INTERSECTION OF RSF AND 6 MELROSE DRIVE, AND NORTH OF LA COSTA MEADOWS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 11. 7 CASE NAME: RSF BOUNDARY ADJUSTMENT CASE NO: GPA 11-03 ^_ 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City Council of the City of Carisbad, California, does hereby resolve as follows: 1^ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 6, 2011, hold a duly noticed public hearing as prescribed by law to consider the General Plan Amendment GPA 11-03, according to Exhibit "GPA 11-03" attached to Planning Commission Resolution No. 6784 and incorporated herein by reference to designate as Prime Arterial a 0.696 acre of annexed road right-of-way, and the Planning Commission adopted Planning Commission Resolution No. 6784 recommending to the City Council approval of GPA 11-03; and WHEREAS, the General Plan designation will apply to the property, and become effective, with the final boundary adjustment approved by the San Diego Local Agency Formation Commission (SDLAFCO); 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 adoption of a General Plan Amendment GPA 11 -03; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of a General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carisbad as follows: 1 1. That the above recitations are true and correct. 2 2. That the recommendation of the Planning Commission for the approval of a General Plan Amendment GPA 11-03 is adopted and approved, and that the findings and 3 conditions of the Planning Commission contained in Planning Commission Resolution No. 6784 on file with the City Clerk and incorporated herein by reference, are the findings and conditions 4 of the City Council. ^ 3. That the approval of GPA 11-03 shall not become effective until the final r boundary adjustment is approved by the San Diego Local Agency Formation Commission (SDLAFC). 7 4. The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time 8 Limits for Judicial Review" shall apply: 9 "NOTICE TO APPLICANT" 10 The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 11 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 12 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 13 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 14 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, 15 City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 16 /// 17 /// 18 19 20 21 22 23 24 /// /// /// /// /// /// 25 /// 26 /// 27 /// 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carisbad on the 28**^ day of February, 2012, by the following vote to wit: 3 4 5 6 7 8 9 10 13 14 15 16 AYES: . Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. # 11 MATt HALL, Mayor 12 ATTEST: AINt M. WOOD, City Clerk (SEAL) 4^S^^.c^ 17 ' 18 20 21 22 23 24 25 26 27 28