HomeMy WebLinkAbout2012-02-28; City Council; Resolution 2012-046EXHIBIT 4
1 RESOLUTION NO. 2012-046
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN ANNEXATION OF
3 0.696 ACRE TO THE CITY OF CARLSBAD AND DETACHMENT
OF 1.746 ACRES TO THE CITY OF SAN MARCOS ON
4 PROPERTY GENERALLY LOCATED ON RANCHO SANTA FE
(RSF) ROAD, NORTH OF THE INTERSECTION OF RSF AND
5 MELROSE DRIVE, AND SOUTH OF LA COSTA MEADOWS
DRIVE IN LOCAL FACIUTIES MANAGEMENT ZONE 11.
6 CASE NAME: RSF BOUNDARY ADJUSTMENT
CASENQ: ANX 11-02/DTCH 11-01
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The City Council of the City of Carisbad, Califomia, does hereby resolve as
follows:
WHEREAS, the boundary adjustment is to address the remnant right-of-way land
for each city that resulted from the realigning and widening of an approximate 2.3 mile section of
RSF Road, north of the intersection of RSF Road and Melrose Drive to south of La Costa
Meadows Drive, as shown and legally described in Exhibit "A" attached to Resolution No. 6786;
and
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 Annexation/Detachment ANX 11-02/DTCH 11-01 of properties, according to
Exhibit "ANX 11-02/DTCH 11-01" attached to Planning Commission Resolution No. 6786 and
incorporated herein by reference to, and the Planning Commission adopted Planning
Commission Resolution No. 6786 recommending to the City Council approval of ANX 11
02/DTCH 11-01; and
22 WHEREAS, the City Council of the City of Carisbad, on the 28th day of
23 February , 2012, held a duly noticed public hearing to consider adoption of the
24 Annexation/Detachment ANX 11-02/DTCH 11-01 of properties; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
2^ and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
27 relating to the adoption of the Annexation/Detachment for the RSF Boundary Adjustment.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
2 of Carisbad as follows:
3 1. The above recitations are true and correct.
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2. That it supports the City of San Marcos submitting an application on
^ behalf of both cities to process the boundary adjustment with the County of San Diego Local
Agency Formation Commission (LAFCO) pursuant to the Cortese/Knox/Hertzberg Local
^ Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the
California Government Code.
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3. 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 governed
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 attomey 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.
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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:
LORRAINE M. WOOD, City Clerk
(SEAL) s€^3!^P>',
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