HomeMy WebLinkAbout2012-03-27; City Council; Resolution 2012-076EXHIBIT 2
1 RESOLUTION NO. 2012-076
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND ADDENDUM; AND
4 APPROVING AN AMENDMENT TO THE LAND USE MAP AND
OFFICIAL OPEN SPACE & CONSERVATION MAP OF THE
5 GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS
FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4
6 DU/AC), RESIDENTIAL HIGH DENSITY (RH, 15-23 DU/AC),
OPEN SPACE (OS), COMMERCIAL (C), AND OFFICE (O) TO
7 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND
OPEN SPACE (OS); AND APPROVING A HILLSIDE
DEVELOPMENT PERMIT ON A 43.58 ACRE PROPERTY
GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE
9 NORTHEAST OF THE INTERSECTION OF COLLEGE
BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK
SPECIFIC PLAN AREA (SP 191) AND LOCAL FACILITIES
MANAGEMENT ZONE 15.
11 CASE NAME: RANCHO MILAGRO
CASE NO.: GPA 06-03/HDP 06-01
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1^ follows:
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The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on February 15, 2012, hold a duly noticed public hearing as prescribed by law
to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum, as referenced in Planning Commission Resolution No. 6860, General
Plan Amendment 06-03, according to Exhibit "GPA 06-03" attached to Planning Commission
Resolution No. 6861, and Hillside Development Permit 09-01 as referenced in Planning
Commission Resolution No. 6865; and the Planning Commission adopted Planning Commission
Resolutions No. 6860, 6861, and 6865 recommending to the City Council that they be
approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 27th day of
March , 2012, held a duly noticed public heanng to consider said Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum,
General Plan Amendment, and Hillside Development Permit; 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 ail factors 7
1 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
2 and Addendum, General Plan Amendment, and Hillside Development Permit.
3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
4 of Carlsbad as follows:
5 1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption of
a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and
Addendum; and the approval of a General Plan Amendment (GPA 06-03) and Hillside
Development Permit (HDP 06-01) are adopted and approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolutions No.
6860, 6861, and 6865 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
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3. That the application for an amendment to the Land Use Map and Official
1J Open Space & Conservation Map of the General Plan to change the land use designations from
Residential Low-Medium Density (RLM, 0-4 du/ac). Residential High Density (RH, 15-23 du/ac),
12 Open Space (OS), Commercial (C), and Office (O) to Residential Low-Medium Density (RLM, 0-
4 du/ac) and Open Space (OS) on a 43.58 acre property generally located approximately one
13 half-mile northeast of the intersection of College Boulevard and El Camino Real, in the Sunny
Creek Specific Plan (SP 191) and Local Facilities Management Zone 15, as shown in Planning
14 Commission Resolution No. 6861, is hereby accepted and approved, and shall be effective no
sooner than thirty days after its adoption.
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4. This action is final the date this resolution is adopted by the City Council.
16 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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The time within which judicial review of this decision must be sought is governed
19 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
20 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
21 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
22 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
23 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.
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"NOTICE TO APPLICANT"
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 27th day of March 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
None.
ABSENT: None.
22 MATH HALL, Ma^or
ATTEST:
INE M. WOOD, City Clerk
(SEAL)
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