HomeMy WebLinkAbout2015-07-28; City Council; Resolution 2015-2071
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EXHIBIT 2
RESOLUTION NO. 2015 207
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
4 MITIGATION MONITORING AND REPORTING PROGRAM AND
ADDENDUM, APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT
OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM)
7 AND OPEN SPACE (OS) TO OS FOR PROPOSED PARCELS A, B, AND
C, AND APPROVING HILLSIDE DEVELOPMENT PERMIT HDP 14-04,
8 SPECIAL USE PERMIT SUP 14-03, HABITAT MANAGEMENT PLAN
PERMIT HMP 14-02, AND MINOR SUBDIVISION MS 14-10 TO
^ ALLOW FOR THE IMPLEMENTATION OF HABITAT MITIGATION
ASSOCIATED WITH THE DEVELOPMENT OF COLLEGE BOULEVARD
REACH "A" ON TWO PARCELS (APN 209-060-71, 72) TOTALING
11 17.44 ACRES (16.43 NET ACRES) LOCATED NORTH OF THE
INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK
12 ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND
COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 15.
CASENAME: COLLEGE BOULEVARD MITIGATION
CASE NO.: GPA 14-02/HDP 14-04/SUP 14-03/HMP 14-02/
15 MS 14-10
16 The City Council of the City of Carlsbad, California, does hereby resolve as
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
19 Commission did, on June 3, 2015, hold a duly noticed public hearing as prescribed by law to
20 consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, attached to Planning Commission Resolution No. 7102, General Plan Amendment
14-02, according to Exhibit "GPA 14-02" attached to Planning Commission Resolution No. 7103,
and Hillside Development Permit HDP 14-04, Special Use Permit 14-03, Habitat Management
Plan Permit HMP 14-02 and Minor Subdivision MS 14-10 according to Exhibits "A-G" dated June
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2g 3, 2015; and
27 WHEREAS, the City Council of the City of Carlsbad, on the day of
28 , 2015, 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
Amendment, Hillside Development Permit, Special Use Permit, Habitat Management Plan
Permit, and Minor Subdivision; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
6 arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program
and Addendum, General Plan Amendment, Hillside Development Permit, Special Use Permit,
Habitat Management Plan Permit, and Minor Subdivision.
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.
14 2. That the application for a General Plan Amendment (GPA 14-02) to the
amend the Land Use Element and the Open Space and Conservation Element of the General
15 Plan to change the General Plan Land Use designation from Residential Low-Medium Density
(RLM) to Open Space (OS), as shown in Planning Commission Resolution No. 7103, is hereby
accepted and approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolution No. 7103, on file with the City Clerk, are
incorporated herein by reference, are the findings and conditions ofthe City Council, and shall
18 be effective no sooner than thirty days after its adoption.
19 3. That the recommendation of the Planning Commission for the adoption
of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, and approval of the Hillside Development Permit (HDP 14-04), Special Use Permit
21 (SUP 14-03), Habitat Management Plan Permit (HMP 14-02) and Minor Subdivision (MS 14-10)
are adopted and approved, and that the findings and conditions of the Planning Commission
22 contained in Planning Commission Resolutions No. 7102, 7104, and 7105, are on file with the
City Clerk, are incorporated herein by reference, and are the findings and conditions ofthe City
23 Council.
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"NOTICE TO APPLICANT"
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 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
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
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 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City
of Carlsbad on the 28th day of July, 2015, by the following vote to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST: