HomeMy WebLinkAbout2017-10-24; City Council; Resolution 2017-206RESOLUTION NO. 2017-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING FINDINGS TO DETERMINE THAT THE PROJECT {ZCA
2017-0004/LCPA 2017-0004) IS WITHIN THE SCOPE OF THE PREVIOUSLY
CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT REPORT {EIR 13-02)
CASE NAME: AUTO REPAIR AND AUTO STORAGE AMENDMENT.
CASE NO.: ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020)
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on
September 20, 2017, hold a duly noticed public hearing as prescribed by law to consider Zoning
Ordinance Amendment (ZCA 2017-0004) and Local Coastal Program Amendment (LCPA 2017-0004);
and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7267
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 2017-0004 and LCPA 2017-0004; and
WHEREAS, the City Council of the City of Carlsbad did on October 24, 2017 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 2017-
0004 and LCPA 2017-0004.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission in Resolution No. 7267 constitute the
findings of the City Council in this matter, and based on those findings, the project (ZCA
2017-0004/LCPA 2017-0004) is within the scope of the previously certified General Plan
Environmental Impact Report (EIR 13-02).
3. This action is final on the date this resolution is adopted by the City Council. 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of October, 2017, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
M. Hall.
KEITH BLACKBURN, Mayor Pro Tern
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BARBARA ENGLESON, City Clerk ..
(SEAL)