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Home My WebLink About2024-01-30; City Council; Resolution 2024-017RESOLUTION NO. 2024-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE MAPS TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL, 0-4 DWELLING UNITS/ACRE (R-4), AND OPEN SPACE (OS) TO OPEN SPACE (OS) FOR A PORTION OF A 14.58-ACRE PROPERTY AT THE TERMINUS OF AURA CIRCLE; AND AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL, 0-4 DU/AC (R-4) TO OPEN SPACE (OS) FOR A 3.1-ACRE PROPERTY AT 1605 BUENA VISTA WAY CASE NAME: CASE NO.: AURA CIRCLE OPEN SPACE AND BUENA VISTA PARK OPEN SPACE GPA 2021-0001/LCPA 2021-0011 (PUB 2021-0002) AND GPA 2021-0002 (PUB 2021-0003) 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 Oct. 20, 2021, hold a duly noticed public hearing as prescribed by law to consider Planning Commission Resolution 7428, recommending approval of General Plan Amendment GPA 2021-0001 and Local Coastal Program LCPA 2021-0011 (Aura Circle Open Space), and Planning Commission Resolution 7429, recommending approval of General Plan Amendment GPA 2021-0002 (Buena Vista Park Open Space); and WHEREAS, the Planning Commission adopted Planning Commission Resolutions 7428 and 7429 recommending to the City Council that GPA 2021-0001/LCPA 2021-0011 and GPA 2021-0002 be approved; and WHEREAS, the City Council, on Jan. 30, 2024, held a duly noticed public hearing to consider GPA 2021-0001/LCPA 2021-0011 and GPA 2021-0002 as recommended by the Planning Commission; and WHEREAS, pursuant to California Coastal Commission regulations, a six-week notice of availability period for LCPA 2021-0011 began on Sept. 3, 2021, and ended on Oct. 15, 2021; no comments were received during the six-week 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 GPA 2021- 0001/LCPA 2021-0011 and GPA 2021-0002. 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 loss of 28 housing units resulting from changes to the land use designations and zoning from residential to open space has occurred concurrent with the approval of the Housing Element Implementation and Public Safety Element Update project so that there is no net loss in residential capacity as required by Government Code Section 66300(b)(1). The Housing Element Implementation and Public Safety Element Update project as approved by City Council rezoned property and added residential capacity (housing units) to the city's current land use inventory sufficient to replace the 28 housing units. 3.That the recommendation of the Planning Commission for approval of GPA 2021-0001 as shown on the maps marked "Exhibit GPA 2021-0001-Aura Circle Open Space," dated March 1, 2021; "Exhibit GPA 2021-0002 -Buena Vista Park Open Space" dated March 1, 2021; and "Exhibit LCPA 2021-0011 -Aura Circle Open Space" dated March 1, 2021, all of which are attached hereto as Attachment A and made a part hereof, are approved, and the findings of the Planning Commission contained in Planning Commission Resolutions 7428 (GPA 2021-0001/LCPA 2021.,0011) and 7429 (GPA 2021-0002), on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 4.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 Chapter 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 30th day of January, 2024, 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) =fr A U R A C R BIRCHWOOD C R CORDOBAPL PA R K CTHILLSIDEDR KELLYDR ELCAMINOREAL NE B L I N A D R HIGHRIDGE AV PARK DR R E F U G I O A V A V I L A AV KE L L Y D R A U R A C R BIRCHWOOD C R CORDOBAPL PA R K CTHILLSIDEDR KELLYDR ELCAMINOREAL NE B L I N A D R HIGHRIDGE AV PARK DR R E F U G I O A V A V IL A A V GPA 2021-0001 Aura Circle Open Space March 01, 2021Exhibit "GPA 2021-0001" EXISTING PROPOSED OSOS P OS R-4 R-4 OS CF GC R-4R-4 R-4 R-8 R-15 R-8 OSOS OS R-4 GC R-4R-4 R-4 R-8 R-15 R-8 P From:To:A.207-100-48-00 R-4/OS OS Related Case File No(s): LCPA 2021-0011, ZC 2021-0001 General Plan Land Use Designation ChangesProperty CF OS Attachment A - - I HI G H L A N D D R BUENA VISTA WY A R L A N D R D JA M E S D R L I D O P L EL M W O O D S T HI G H L A N D D R BUENA VISTA WY A R L A N D R D JA M E S D R L I DO P L EL M W O O D S T GPA 2021-0002 Buena Vista Reservoir Open Space March 01, 2021Exhibit "GPA 2021-0002" EXISTING PROPOSED R-4 R-4 R-4 R-4 R-4 R-4 R-4 R-4 From:To:A.156-200-16 R-4 OS Related Case File No(s): ZC 2021-0002 General Plan Land Use Designation ChangesProperty R-4 R-4 R-4 R-4 R-4 R-4 R-4 OS I A U R A C R BIRCHWOOD C R CORDOBAPL PA R K CTHILLSIDEDR KELLYDR ELCAMINOREAL NE B L I N A D R HIGHRIDGE AV PARK DR R E F U G I O A V A V I L A AV KE L L Y D R A U R A C R BIRCHWOOD C R CORDOBAPL PA R K CTHILLSIDEDR KELLYDR ELCAMINOREAL NE B L I N A D R HIGHRIDGE AV PARK DR R E F U G I O A V A V IL A A V LCPA 2021-0011 (Land Use)Aura Circle Open Space March 01, 2021Exhibit "LCPA 2021-0011" EXISTING PROPOSED OSOS P OS R-4 R-4 OS CF GC R-4R-4 R-4 R-8 R-15 R-8 OSOS OS R-4 GC R-4R-4 R-4 R-8 R-15 R-8 P CF OS From:To:A. 207-100-48-00 R-4/OS OS Related Case File No(s): GPA 2021-0001, ZC 2021-0001 LCPA Land Use Designation ChangesProperty= -=======r==--c~~~~===+=--=:]c_