HomeMy WebLinkAbout2023-08-29; City Council; Resolution 2023-230RESOLUTION NO. 2023-230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING CITY COUNCIL POLICY NO. 66 TO ACHIEVE
CONSISTENCY WITH CURRENT STATE REGULATIONS THAT REQUIRE
OBJECTIVE DESIGN STANDARDS
CASE NAME: CITYWIDE OBJECTIVE DESIGN STANDARDS
CASE NO: ZCA 2020-0003, LCPA 2020-0007, PUB 2020-0004
WHEREAS, Section 65589.5 of the California Government Code requires cities and counties
approve or deny eligible housing development projects based on objective regulatory standards; and
WHEREAS, given the rapid and substantial changes in applicable law, public agencies are
required to study these changes and develop appropriate responses as to not suffer the significant
adverse consequences for noncompliance; and
WHEREAS the City Council has determined rescinding City Council Policy No. 66 "Development
of Livable Neighborhoods," is desirable for consistency with state regulations since this policy only
provides subjective language that cannot be enforced for eligible projects pursuant to Section 65589.5
of the California Government Code and is replaceable with the Citywide Objective Design Standards
Manual, CMC Chapter 21.88, City Council Policy No. 44 and/or other applicable Master Plan/Specific
Plan design standards; and
WHEREAS, the City Council of the City of Carlsbad, California has determined that rescinding
City Council Policy No. 66, is necessary as the Policy is not consistent with current state regulations
requiring eligible projects to be approved or denied based on objective regulatory standards since it
only provides subjective principles; and
WHEREAS, on Aug. 29, 2023 the City Council considered this Resolution, at which the City
Council received, reviewed and evaluated the staff report, written and oral testimony from the public
and other information in the record.
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2.That City Council Policy No. 66 is hereby rescinded.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 29th day of August, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
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