HomeMy WebLinkAbout2023-05-23; City Council; Resolution 2023-140RESOLUTION NO. 2023-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORN IA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO
UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (ZONING
ORDINANCE, TITLE 21 OF THE CARLSBAD MUNICIPAL CODE) TO ENSURE
CONSISTENCY WITH STATE LAW RELATED TO ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
CASE NAME:
CASE NO.:
ACCESSORY DWELLING UNIT AMENDMENT 2023
ZCA 2023-0001/ LCPA 2023-0017 / PUB 2023-0002
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on March 15, 2023, hold a duly
noticed public hearing as prescribed by law to consider Planning Commission Resolution 7473,
recommending approval of Local Coastal Program Amendment LCPA 2023-0017; and the Planning
Commission adopted Planning Commission Resolution 7473 recommending to the City Council that
LCPA 2023-0017 be approved; and
WHEREAS, the City Council, on May 9, 2023, held a duly noticed public hearing to consider LCPA
2023-0017 as recommended by the Planning Commission; and
WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review
period for LCPA 2023-0017 began on February 24, 2023 and ended on April 7, 2023; no comments were
received during the review period; 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 LCPA 2023-
0017.
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 recommendation of the Planning Commission for approval of LCPA 2023-0017
to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the
findings of the Planning Commission contained in Planning Commission Resolution
7473, on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
3. 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of May, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
()IL
SHERRY FREISINGER, City Clerk
(SEAL)