HomeMy WebLinkAbout2014-07-22; City Council; Resolution 2014-194EXHIBIT 2
1 RESOLUTION NO. 2014-194
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
MITIGATION MONITORING AND REPORTING PROGRAM AND
4 ADDENDUM, APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT
5 OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM)
6 TO RLM AND OPEN SPACE (OS), APPROVING AN AMENDMENT TO
THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL
8 PLAN, AND ZONING MAP INTO CONFORMANCE, ON A 4.53-ACRE
SITE WHICH IS LOCATED ON THE SOUTHEAST CORNER QF
9 FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM, AND APPROVING A
SITE DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE
11 PERMIT AMENDMENT, A COASTAL DEVELOPMENT PERMIT
AMENDMENT AND A HABITAT MANAGEMENT PLAN PERMIT TO
12 ALLOW FOR AN EXPANSION TO THE EXISTING DAYBREAK
COMMUNITY CHURCH CAMPUS, INCLUDING THE ADDITION QF A
17,391 SQUARE FOOT, 30-FOOT-TALL SANCTUARY AND THE
14 CONSTRUCTION OF AN ADDITIONAL PARKING LOT ON A 11.3-
ACRE SITE, COMPRISING TWO PRQPERTIES, WHICH ARE BOUNDED
15 BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TQ EAST
AND FISHERMAN DRIVE TQ THE WEST, WITHIN THE MELLO I AND
16 MELLO II SEGMENTS QF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20.
CASE NAME: DAYBREAK COMMUNITY CHURCH
18 CASENO.: GPA 13-01/LCPA 12-04/SDP 00-06(C)/
CUP 00-06(C)/CDP 00-09(C)/HMP 13-02
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21 follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
22 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
^•^ Commission did, on June 4, 2014, hold a duly noticed public hearing as prescribed by law to
consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, General Plan Amendment 13-01, according to Exhibit "GPA 13-01" attached to
Planning Commission Resolution No. 7056, Local Coastal Program Amendment LCPA 12-04, Site
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28 Development Plan Amendment SDP 00-06(C), Conditional Use Permit Amendment CUP 00
1 06(C), Coastal Development Permit Amendment CDP 00-09(C), and Habitat Management Plan
2 Permit HMP 13-02 according to Exhibits "A-S" dated June 4, 2014; and
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WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of
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July 2014, held a duly noticed public hearing to consider said Mitigated Negative
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Declaration, Mitigation Monitoring and Reporting Program and Addendum, General Plan
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7 Amendment, Local Coastal Program Amendment, Site Development Plan Amendment,
8 Conditional Use Permit Amendment, Coastal Development Permit Amendment and Habitat
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Management Plan Permit; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, the City Council considered all factors
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relating to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program
14 and Addendum, General Plan Amendment, Local Coastal Program Amendment, Site
15 Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development
Permit Amendment and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad as follows:
1. That the above recitations are true and correct.
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21 2. That the application for a General Plan Amendment (GPA 13-01) to the
amend the Land Use Element and the Open Space and Conservation Element of the General
22 Plan to change the General Plan Land Use designation from Residential Low-Medium Density
(RLM) to RLM and Open Space (QS), as shown in Planning Commission Resolution No. 7056, is
hereby accepted and approved and shall not be effective until LCPA 12-04 is approved by the
24 California Coastal Commission and the California Coastal Commission's approval becomes
effective, that the findings and conditions of the Planning Commission contained in Planning
25 Commission Resolution No. 7056, on file with the City Clerk, are incorporated herein by
reference, and are the findings and conditions ofthe City Council.
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1 3. That the approval of LCPA 12-04 shall not become effective until it is
approved by the California Coastal Commission and the California Coastal Commission's
2 approval becomes effective.
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4. That the approval of General Plan Amendment GPA 13-01 shall not
4 become effective until LCPA 12-04 is approved by the California Coastal Commission and the
California Coastal Commission's approval becomes effective.
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5. That the recommendation of the Planning Commission for the adoption
of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
7 Addendum, and approval ofthe General Plan Amendment (GPA 13-01), Local Coastal Program
Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00-06(C)), Conditional Use
8 Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00-09(C)),
and Habitat Management Plan Permit (HMP 13-02) are adopted and approved, and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 7055, 7056, 7057, 7058, and 7059, respectively, on file with the City Clerk, are
incorporated herein by reference, and are the findings and conditions ofthe City Council.
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"NOTICE TQ APPLICANT"
The time within which judicial review ofthis decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
14 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
15 which 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 or preparation of such record, the time within which such petition may be filed in court is
17 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
18 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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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 22nd day of July 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON,^ty Clerk