HomeMy WebLinkAbout2013-02-26; City Council; Resolution 2013-048EXHIBIT 1
1 RESOLUTION NO. 2013-048
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING: 1) AN ADDENDUM TO
3 THE MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE 2005-
4 2010 CARLSBAD HOUSING ELEMENT, 2) AN AMENDMENT TO
THE GENERAL PLAN LAND USE ELEMENT TO CREATE THE
5 RESIDENTIAL R-30 LAND USE DESIGNATION, 3) AN
AMENDMENT TO THE GENERAL PLAN LAND USE MAP AND
6 OFFICIAL OPEN SPACE & CONSERVATION MAP, AND 4) AN
AMENDMENT TO THE LOCAL COASTAL PROGRAM LAND
7 USE MAP AND ZONING MAP; SAID MAP AMENDMENTS
IMPLEMENT HOUSING ELEMENT PROGRAM 2.1 WITHIN THE
8 BARRIO AREA, WHICH IS GENERALLY LOCATED NORTH OF
TAMARACK AVE., SOUTH OF OAK AVE., EAST OF THE
9 RAILROAD, AND WEST OF INTERSTATE 5.
CASE NAME: HOUSING ELEMENT PROGRAM 2.1 - BARRIO
10 CASE NO.: GPA 12-03/GPA 12-04/ZC 12-02/ZC 12-03/
ZCA 12-02/LCPA 12-03
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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
14 Commission did, on December 5, 2012, hold a duly noticed public hearing as prescribed by law
to consider: an Addendum to the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for the 2005-2010 Carlsbad Housing Element, according to "Exhibit A,"
attached to Planning Commission Resolution No. 6931; General Plan Amendment 12-03,
according to Exhibits "GPA 12-03A" and "GPA 12-03B," attached to Planning Commission
Resolution No. 6932; General Plan Amendment 12-04, according to Exhibit "GPA 12-04,"
attached to Planning Commission Resolution No. 6933; and Local Coastal Program
Amendment 12-03, according to Exhibit "LCPA 12-03," attached to Planning Commission
Resolution No. 6933; and
WHEREAS, the Planning Commission recommended approval of: the Addendum
to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the
2005-2010 Carlsbad Housing Element, according Planning Commission Resolution No. 6931;
General Plan Amendment 12-03, according to Planning Commission Resolution No. 6932; and
General Plan Amendment 12-04 and Local Coastal Program Amendment 12-03, according to
Planning Commission Resolution No. 6933; and 4
1 WHEREAS, the City Council of the City of Carlsbad, on the 26th day of
2 February , 2013, held a duly noticed public hearing to consider said Addendum,
3 General Plan Amendments and Local Coastal Program Amendment; and
4 WHEREAS, at said public hearing, upon hearing and considering all testimony
5 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
6 relating to the Addendum, General Plan Amendments and Local Coastal Program Amendment.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
8 of Carlsbad as follows:
^ 1. That the above recitations are true and correct.
2. That the Addendum to the Mitigated Negative Declaration and Mitigation
J J Monitoring and Reporting Program for the 2005-2010 Carlsbad Housing Element, as shown in
Planning Commission Resolution No. 6931, is approved and the findings and conditions of the
j2 Planning Commission contained in Planning Commission Resolution No. 6931 are incorporated
herein by reference, and are the findings and conditions of the City Council.
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3. That General Plan Amendment 12-03, as shown in Planning Commission
14 Resolution No. 6932 on file with the City Clerk, is approved and the findings and conditions of
the Planning Commission contained in Planning Commission Resolution No. 6932 are
15 incorporated herein by reference, and are the findings and conditions of the City Council.
16 4. That General Plan Amendment 12-03 shall be effective thirty days after City
Council adoption ofthis resolution.
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5. That General Plan Amendment 12-04, as shown in Planning Commission
18 Resolution No. 6933 on file with the City Clerk, is approved and the findings and conditions of
the Planning Commission contained in Planning Commission Resolution No. 6933 are
19 incorporated herein by reference, and are the findings and conditions of the City Council.
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6. That Local Coastal Program Amendment 12-03, as shown in Planning
2j Commission Resolution No. 6933 on file with the City Clerk, is approved and the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 6933
22 are incorporated herein by reference, and are the findings and conditions of the City Council.
23 7. That General Plan Amendment 12-04 and Local Coastal Program
Amendment 12-03 shall not become effective until Local Coastal Program Amendment 12-03 is
24 approved by the California Coastal Commission.
8. This action is final on the date this resolution is adopted by the City Council.
25 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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"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 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
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 Cartsbad, 1200 Carlsbad Village Drive, Cartsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Cartsbad on the 26*^ day of February 2013, by the following vote to wit:
AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
ABSENT: None.
MATK HALL, Maybr
ATTEST:
(SEAL)
BARBARA ENGLESON, Cit>^l^ri<