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HomeMy WebLinkAbout2012-03-27; City Council; Resolution 2012-075EXHIBIT 1 1 RESOLUTION NO. 2012-075 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO 3 THE LAND USE, CIRCULATION, NOISE AND PUBLIC SAFETY ELEMENTS OF THE GENERAL PLAN AND AN AMENDMENT 4 TO THE CITY OF CARLSBAD NOISE GUIDELINES MANUAL TO ENSURE THEIR CONSISTENCY WITH THE MCCLELLAN- 5 PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN (LAST AMENDED DECEMBER 1, 2011). 6 CASE NAME: AIRPORT LAND USE COMPATIBILITY CASE NO.: GPA 10-02 7 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did on January 4, 2012, hold a duly noticed public hearing as prescribed by law to 11 consider the General Plan Amendment (GPA 10-02) and the amendment to the City of Carlsbad 12 Noise Guidelines Manual, as referenced in Planning Commission Resolution No. 6855; and 1^ WHEREAS, the Planning Commission adopted Planning Commission Resolution 14 No. 6855 recommending to the City Council that GPA 10-02 and the amendment to the City of 1^ Carlsbad Noise Guidelines Manual be approved; and ^ ^ WHEREAS, the City Council of the City of Carlsbad, on the 27th day of March 2012, held a duly noticed public hearing to consider the General Plan Amendment and the amendment to the City of Carlsbad Noise Guidelines Manual; 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 General Plan Amendment and the amendment to the City of Carlsbad Noise Guidelines Manual; and WHEREAS, the San Diego County Regional Airport Authority, acting in its capacity as the Airport Land Use Commission, on the 9^^ day of February, 2012, made a determination that GPA 10-02 and the amendment to the City of Carlsbad Noise Guidelines Manual are consistent with McClellan-Palomar Airport Land Use Compatibility Plan. 17 18 19 20 21 22 23 24 25 26 27 28 3 1 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 2 hereby resolve as follows: 3 1. That the above recitations are true and correct. 27 28 2. That the findings of the Planning Commission in Planning Commission Resolution No. 6855 constitute the findings of the City Council in this matter. ^ 3. That the amendment to the General Plan (GPA 10-02) and the amendment to the City of Carlsbad Noise Guidelines Manual are approved as shown in y Planning Commission Resolution No. 6855. 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review," shall apply: 10 "NOTICE TO APPLICANT" 11 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 12 Carlsbad by Carlsbad 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 13 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 14 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 15 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, 16 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// /// -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 ofthe City Council ofthe City of Carlsbad on the 27th day of March 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT/hALL, Mayor ATTEST: RAINE M. WOOD, City Clerk (SEAL) .v.yJ^^. vL» V.