HomeMy WebLinkAbout2015-09-22; City Council; Resolution 2015-243EXHIBIT 2
1 RESOLUTION NO. 2015-243
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO
COMPREHENSIVELY UPDATE THE GENERAL PLAN, INCLUDING THE
4 HOUSING ELEMENT, AND ASSOCIATED AMENDMENTS TO THE
LOCAL COASTAL PROGRAM AND CITYWIDE FACILITIES AND
^ IMPROVEMENTS PLAN, AND AN ALLOCATION FROM THE EXCESS
DWELLING UNIT BANK.
CASE NAME: GENERAL PLAN UPDATE
7 CASE NO.: GPA 07-02/LCPA 07-02/SS 15-06
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8 The City Council ofthe City of Carlsbad, California, does hereby resolve as follows:
^ WHEREAS, the City Council accepted the Carlsbad Community Vision in January
2010 and achievement of said vision is supported by the General Plan Amendment and
associated Zoning Ordinance Amendment, Zone Change, Local Coastal Program Amendment, and
Citywide Facilities and Improvements Plan Amendment; and
WHEREAS, per City Council direction on September 11, 2012 and on November 5,
15 2013, staff utilized the Preferred Plan in the preparation ofthe General Plan update; and
16 WHEREAS, the Planning Commission recommends revisions to the project as
identified in the Memorandum to the Planning Commission dated July 24, 2015 and titled "Errata
Sheet for the General Plan Update and Climate Action Plan", on file with the City Clerk and
incorporated by this reference; and
WHEREAS, pursuant to the California Environmental Quality Act, a Final
Environmental Impact Report (SCH # 2011011004) relative to the proposed project - General
23 Plan Amendment, Climate Action Plan, Zoning Ordinance Amendment, Zone Change, Local
24 Coastal Program Amendment, and Citywide Facilities and Improvements Plan Amendment - has
been prepared and the City Council has certified it per City Council Resolution No. 2015-242; and
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WHEREAS, the City Council did on July 18, 2015 hold a duly noticed joint public
hearing with the Planning Commission, as prescribed by law to receive a staff presentation and
public testimony regarding said project; and
WHEREAS, the City Council adjourned their public hearing on July 18, 2015 and
6 the Planning Commission continued their public hearing on July 22, 23 and 24, 2015, as
prescribed by law to consider said project; and
WHEREAS, the Planning Commission adopted Planning Commission Resolutions
No. 7112, 7113 and 7114 recommending approval of said project with revisions identified in the
Memorandum to the Planning Commission dated July 24, 2015 and titled "Errata Sheet for the
General Plan Update and Climate Action Plan", on file with the City Clerk and incorporated by
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]^3 this reference; and
14 WHEREAS, in addition to the revisions recommended by the Planning Commission
15 in the "Errata Sheet for the General Plan Update and Climate Action Plan," the Planning
Commission identified concerns regarding the draft General Plan Mobility Element, as identified
in the minutes for the July 22, 23 and 24, 2015 Planning Commission meetings, on file with the
City Clerk and incorporated by this reference; and
WHEREAS, to address said Planning Commission concerns, city staff recommends
revisions to the draft General Plan Mobility Element and the Citywide Facilities and
22 Improvements Plan, as identified in Exhibit 12A and Exhibit 12B, respectively, ofthe City Council
23 Agenda Bill for this project, dated September 22, 2015, on file with the City Clerk and
incorporated by this reference; and
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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: a) the draft General Plan GPA 07-02 (Exhibits 2A and 2B of Planning Commission
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5 Resolution No. 7112, on file with the City Clerk and incorporated by this reference); b) the Local
6 Coastal Program Amendment LCPA 07-02 (Exhibit 2B of Planning Commission Resolution No.
7112, on file with the City Clerk and incorporated by this reference); c) the Citywide Facilities and
Improvements Plan Amendment SS 15-06 (Exhibit 2C of Planning Commission Resolution No.
7112, on file with the City Clerk and incorporated by this reference); d) the request for an
allocation from the city's excess dwelling unit bank (per Planning Commission Resolution No.
7114, on file with the City Clerk and incorporated by this reference); e) Planning Commission
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13 recommended revisions to the draft General Plan and Local Coastal Program, pursuant to the
14 memorandum to the Planning Commission, dated July 24, 2015 and titled "Errata Sheet for the
15 General Plan Update and Climate Action Plan" (on file with the City Clerk and incorporated by
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21 WHEREAS, State Coastal Guidelines requires a six-week public review period for
22 any amendment to the Local Coastal Program; and
23 WHEREAS, on August 25, 2015, the City Council approved the Agua Hedionda
South Shore Specific Plan, which includes revisions to the General Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. The foregoing recitations are true and correct.
this reference); and f) staff recommended revisions to address Planning Commission concerns
regarding the draft General Plan Mobility Element, pursuantto Exhibit 12Aand Exhibit 12B ofthe
City Council Agenda Bill for this project, dated September 22, 2015 (on file with the City Clerk and
incorporated by this reference); and
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2. The state-mandated six-week review period for the Local Coastal Program
Amendment (LCPA 07-02) started on March 27, 2015 and ended on May 8, 2015; no comments
were received in response to the LCPA notice.
5 3. The draft General Plan is amended to incorporate: a) the
6 recommendations ofthe Planning Commission, as identified in Planning Commission Resolution
No. 7112, on file with the City Clerk and incorporated herein by reference, and b) the
recommendations of staff, as identified in Exhibit 12A of the City Council Agenda Bill for this
project, dated September 22, 2015, on file with the City Clerk and incorporated herein by
reference.
4. The findings of the Planning Commission contained in Planning
13 Commission Resolution No. 7112, on file with the City Clerk and incorporated herein by
14 reference, are the findings of the City Council.
5. General Plan Amendment GPA 07-02 (Exhibits 2A and 2B of Planning
Commission Resolution No. 7112, on file with the City Clerk and incorporated by this reference),
amended as stated above, is approved.
6. Local Coastal Program Amendment LCPA 07-02 (Exhibit 2B of Planning
Commission Resolution No. 7112, on file with the City Clerk and incorporated by this reference),
21 amended as stated above, is approved.
22 7. The draft Citywide Facilities and Improvements Plan Amendment SS 15-06
23 (Exhibit 2C of Planning Commission Resolution No. 7112, on file with the City Clerk and
incorporated by this reference), is amended to incorporate the recommendations of staff, as
identified in Exhibit 12B ofthe City Council Agenda Bill for this project, dated September 22, 2015,
on file with the City Clerk and incorporated herein by reference.
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8. Citywide Facilities and Improvements Plan Amendment SS 15-06 (Exhibit
2C of Planning Commission Resolution No. 7112, on file with the City Clerk and incorporated by
this reference), amended as stated above, is approved.
5 9. The City Planner is directed to revise General Plan data and figures, as
6 necessary, to be consistent with the approved land use map and other approved revisions to the
plan.
10. The City Planner is directed to revise the General Plan data and figures, as
necessary, to be consistent with the approved Agua Hedionda Specific Plan.
11. This action is final on the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review"
13 shall apply:
14 "NOTICE"
15 The time within which judicial review ofthis 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
17 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
18 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
1^ 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
ofthe record ofthe proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
21 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 22"'' day of September 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESQJ^, City Clerk
(SEAL) ,s<vSBAOo\