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Home My WebLink About2026-01-27; City Council; Resolution 2026-027Exhibit 1 RESOLUTION NO. 2026-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION DETERMINATION AND REQUESTING CALIFORNIA COASTAL COMMISSION CERTIFICATION OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE ZONING ORDINANCE (TITLE 21) OF THE CARLSBAD MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CASE NAME: 2025 ACCESSORY DWELLING UNIT AMENDMENT CASE NO: MCA 2025-0002 / ZCA 2025-0001 / LCPA 2025-0023 (PUB 2025-0009) WHEREAS, the California Coastal Act (Public Resources Code §§30000, et seq.) requires that the city adopt a Local Coastal Program (LCP) which meets the requirements of the Coastal Act at the local level and implements its provisions and policies; and WHEREAS, any amendment to the LCP requires approval from the California Coastal Commission; and WHEREAS, the City Planner has prepared amendments to the Carlsbad Municipal Code and Local Coastal Program (MCA 2025-0002 / ZCA 2025-0001 / LCPA 2025-0023) to bring both documents into conformance with recent changes in state law, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, §65850 et seq. of the Government Code, §30514 of the Public Resources Code, and §13551 of the California Code of Regulations Title 14, Division 5.5; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code §§21000 et seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations §§15000 et seq., the city is the Lead Agency for the Project, as the public agency with the principal responsibility for approving the proposed Project; and WHEREAS, on Nov. 19, 2025, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the amendments to Title 21 of the CMC (ZCA 2025-0001 and LCPA 2025- 0023) and the City Planner’s draft CEQA exemption determination posted on the city’s website and sent to interested parties on Nov. 5, 2025; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7560 recommending City Council adoption of ZCA 2025-0001 and LCPA 2025-0023 and approval of the Project’s CEQA exemption determination; and Jan. 27, 2026 Item #9 Page 7 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB WHEREAS, the Planning Commission’s recommendation to the City Council does not pertain proposed amendments to Title 6 (Health and Sanitation) and Title 20 (Subdivisions) (MCA 2025-0001) as these amendments are not within the Planning Commission’s purview and not part of LCPA 2025- 0023, as CMC Titles 6 and 20 are not part of the city’s LCP; and WHEREAS, the City Council held a duly noticed public hearing as prescribed by law to consider the Project (MCA 2025-0002, ZCA 2025-0001, and LCPA 2025-0023) and the Project’s CEQA exemption determination; 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 relating to MCA 2025- 0002, ZCA 2025-0001, and LCPA 2025-0023, including without limitation: a. Written information; b. Oral testimony from city staff, interested parties, and the public; c. The staff report, dated Jan. 27, 2026, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. 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. The proposed amendments to the Carlsbad Municipal Code (MCA 2025-0002, ZCA 2025- 0001, and LCPA 2025-0023) are exempt from the California Environmental Quality Act, or CEQA, under the common sense exemption, Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines, since there would be no possibility of a significant effect on the environment; and under Section 15282(h) of the CEQA Guidelines, which exempts from CEQA the adoption of an ordinance regarding accessory dwelling units in a one-family, two-family or multiple-family dwelling residential zone to implement California Government Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.), formerly California Government Code Section 65852.1 and 65852.2. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. Jan. 27, 2026 Item #9 Page 8 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB 3.A LCP Amendment (LCPA 2025-0023), which pertains to the Carlsbad Municipal Code Title 21 amendments, was prepared for the Project and presented to the City Council per companion ordinance on Jan. 27, 2026 (Exhibit 2 to the staff report). The LCP Amendment shall only take effect upon City Council and California Coastal Commission approval. 4.Pursuant to Public Resources Code §30510(a), the City Council hereby certifies that the proposed LCP Amendment is intended to be carried out in a manner fully in conformity with the California Coastal Act. 5.This action is final 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 Chanter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 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 of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of proceedings shall be filed with the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Jan. 27, 2026 Item #9 Page 9 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of January, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Jan. 27, 2026 Item #9 Page 10 of 42 Docusign Envelope ID: E3BCE7EA-F4DF-48F6-A02E-E9066AFD25FB