HomeMy WebLinkAbout2015-09-01; City Council; Resolution 2015-229EXHIBIT 2
RESOLUTION NO. 2015-229
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING: 1) A DETERMINATION PER CEQA THAT
4 THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN EIR AND 2)
A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE
ZONING FROM R-l TO RD-M ON A PARCEL LOCATED AT 438
TAMARACK AVENUE.
CASENAME: HENKINS ZONE CHANGE
7 CASE NO.: LCPA 15-01
The City Council ofthe City of Carlsbad, California, does hereby resolve asfollows:
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did on June 17, 2015, hold a duly noticed public hearing as prescribed by law to
12 consider Local Coastal Program Amendment 15-01, according to Exhibit "LCPA 15-01" attached
to Planning Commission Resolution No. 7107, and to consider a determination per CEQA that the
project is consistent with the General Plan EIR, according to finding 6 of Planning Commission
Resolution No. 7107; and
WHEREAS, the Planning Commission recommended approval of a determination
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per CEQA that the project is consistent with the General Plan EIR and approval of Local Coastal
19 Program Amendment 15-01, according to Planning Commission Resolution No. 7107; and
20 WHEREAS, the City Council of the City of Carlsbad on the 1st of September, 2015
held a duly noticed public hearingto considerthe CEQA determination and Local Coastal Program
Amendment; 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
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2g related to the CEQA determination and Local Coastal Program Amendment.
27 NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
28 Carlsbad, as follows:
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NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. That the foregoing recitations are true and correct.
2. That the project is consistent with the General Plan EIR, based on the
findings of the Planning Commission contained in Planning Commission Resolution No. 7107,
6 which are incorporated herein by reference, and are the findings ofthe City Council.
7 3. That Local Coastal Program Amendment 15-01, as shown in Planning
Commission Resolution No. 7107, is approved and the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7107, are incorporated herein by
reference, and are the findings and conditions ofthe City Council.
4. That Local Coastal Program Amendment 15-01 shall not become effective
until it is approved bythe California Coastal Commission.
5. This action is final on the date this resolution is adopted by the City Council.
12 The provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
'NOTICE TO 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
16 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
17 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
29 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
20 the preparation ofthe record ofthe 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 day of September, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESOW, City Clerk
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