HomeMy WebLinkAbout2013-07-23; City Council; Resolution 2013-192EXHIBIT 4
1 RESOLUTION NO. 2013-192
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO
3 THE LOCAL COASTAL PROGRAM (LCP) TO SIMPLIFY AND
STREAMLINE THE DEVELOPMENT REVIEW PROCESS BY
4 REASSIGNING THE APPROVAL AUTHORITY FOR
CONDITIONAL USE PERMITS TO THE LOWEST
5 APPROPRIATE DECISION-MAKER IN THE NONRESIDENTIAL
ZONES, TO AMEND THE TEXT OF THE ZONING ORDINANCE
6 TO PROVIDE GREATER FLEXIBILITY FOR A VARIETY OF
CONDITIONAL USES IN THE NONRESIDENTIAL ZONES, AND
7 TO AMEND THE COMMERCIAL VISITOR-SERVING OVERLAY
ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS
8 RELATING TO DECISION-MAKING AUTHORITY FOR
CONDITIONAL USES.
9 CASE NAME: CUP CODE AMENDMENTS
CASE NO: LCPA 09-02
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The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on May 1, 2013, hold a duly noticed public hearing as prescribed by law to
consider Zone Code Amendment (ZCA 09-03) as referenced in Planning Commission
Resolution No. 6961, Local Coastal Program Amendment (LCPA 09-02), as referenced in
Planning Commission Resolution No. 6962; and
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 6961 and 6962 recommending to the City Council that ZCA 09-03 and LCPA
09-02 be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 23rd day of
^"^y , 2013, held a duly noticed public hearing to consider the General Plan
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
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council ofthe City
of Carlsbad as follows:
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1 1. That the above recitations are true and correct.
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2. That the findings of the Planning Commission contained in Planning
^ Commission Resolutions No. 6961 and 6962 on file with the City Clerk and incorporated herein
by reference, are the findings ofthe City Council
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3. That the amendment to the Local Coastal Program (LCPA 09-02) is
5 approved as shown in Planning Commission Resolution No. 6962, on file with the City Clerk and
incorporated herein by reference.
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4. That the approval of LCPA 09-02 shall not become effective until it is
7 approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
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9 "NOTICE TO APPLICANT"
10 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
11 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
12 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
13 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
14 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,
15 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 23'" day of July, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
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MATTfHALL, Mayor
ATTEST:
BAF^BARA ENGLESON, City Clerk
(SEAL).N-^4vSBAo V
O V C.