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HomeMy WebLinkAbout2015-12-15; City Council; Resolution 2015-311EXHIBIT 2 RESOLUTION NO. 2015-311 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING FINDINGS TO DETERMINE THAT THE PROJECT (MCA 15-03/ZCA 15-03/LCPA 15-04) IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT REPORT (EIR 13-02); AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT BY AMENDING THE ZONING ORDINANCE TO ADD "INDOOR SHOOTING RANGES" AS A CONDITIONALLY PERMITTED USE IN THE PLANNED INDUSTRIAL (P-M) ZONE AND TO ESTABLISH DEVELOPMENT AND OPERATIONAL STANDARDS FOR INDOOR SHOOTING RANGES CASE NAME: INDOOR SHOOTING RANGE CODE AMENDMENT CASE NO.: MCA 15-03/ZCA 15-03/LCPA 15-04 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on November 4, 2015 and November 18, 2015, hold a duly noticed public hearing as prescribed by law to consider Zoning Ordinance Amendment (ZCA 15-03) and Local Coastal Program Amendment (LCPA 15-04); and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7113 recommending approval of a determination per CEQA that the project is within the scope of the previously certified General Plan Environmental Impact Report (EIR 13-02), and recommending approval of ZCA 15-03 and LCPA 15-04; and WHEREAS, the City Council of the City of Carlsbad did on December 15, 2015 hold a duly noticed public hearing to consider the Planning Commission's recommendations; 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 related to ZCA 15-03 and LCPA 15-04. 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. The state-mandated six-week review period for the Local Coastal Program Amendment (LCPA 15-04) started on October 16, 2015 and ended on November 27, 2015. 3. That all comments received regarding the proposed Zoning Ordinance Amendment (ZCA 15-03) and Local Coastal Program Amendment (LCPA 15-04) have been included for the City Council's review. 4. That the findings of the Planning Commission in Resolution No. 7133 constitute the findings of the City Council in this matter. 5. That, upon City Council approval of Zoning Ordinance Amendment (ZCA 15- 03), the amendment to the Local Coastal Program (LCPA 15-04) shall be deemed approved as shown in Planning Commission Resolution No. 7133, on file with the City Clerk and incorporated herein by reference. 6. That the approval of LCPA 15-04 shall not become effective until it is approved by the California Coastal Commission. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE" 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. -2- PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of December 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: ci) ifLAA C BARBARA ENGLES6N, City Clerk - (SEAL) „ottilio,,, ......... 0 C-- -! 0 7.