HomeMy WebLinkAbout2014-02-25; City Council; Resolution 2014-032EXHIBIT 3
RESOLUTIONNO. 2014-032 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, A LOCAL COASTAL PROGRAM AMENDMENT TO
MAKE THE CITY'S REGULATION OF DENSITY BONUSES
4 CONSISTENT WITH STATE AND CASE LAW.
CASE NAME: DENSITY BONUS REGULATIONS
CASE NO.: LCPA 13-02
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The City Council of the City of Carlsbad, California, does hereby resolve as
Commission did on December 4, 2013, hold a duly noticed public hearing as prescribed by law
to consider the Zone Code Amendment (ZCA 13-01), and Local Coastal Program Amendment
(LCPA 13-02), both of which are referenced in Planning Commission Resolution No. 7026; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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^4 No. 7026 recommending to the City Council that ZCA 13-01 and LCPA 13-02 be approved; and
15 WHEREAS, the City Council of the City of Carlsbad on the 25th day of
16 February , 2014, held a duly noticed public hearing to consider the Zone Code Amendment
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
relating to the Local Coastal Program Amendment.
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22 NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
23 Carisbad, as follows:
24 1. That the foregoing recitations are true and correct.
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2. That the findings of the Planning Commission in Planning Commission
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Resolution No. 7026 constitute the findings of the City Council in this matter
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3. That the amendment to the Local Coastal Program (LCPA 13-02), is
approved as shown in Planning Commission Resolution No. 7026, on file with the City Clerk and
incorporated herein by reference.
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5 4. That the approval of LCPA 13-02 shall not become effective until it is
6 approved by the California Coastal Commission.
^ "NOTICE TO APPLICANT"
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The time within which judicial review of this decision must be sought is governed
9 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
10 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
13 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,
14 City of Carlsbad, 1200 Carisbad Village Drive, Carlsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 25th day of Februarv 2014, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn.
None.
None.
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ATTEST:
BARBARA ENGLES0N<J2ity Clerk