HomeMy WebLinkAbout2024-07-30; City Council; Resolution 2024-198RESOLUTION NO. 2024-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO
UPDATE THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN BY
INCORPORATING AMENDMENTS TO TITLE 15, GRADING AND DRAINAGE,
AND TITLE 21, ZONING ORDINANCE, OF THE CARLSBAD MUNICIPAL CODE
CASE NAME:
CASE NO.:
2024 ZONE CODE CLEAN UP
ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001
(PUB 2024-0005).
WHEREAS, the City Planner has prepared amendments to the Carlsbad Munidpal Code and
Local Coastal Program {ZCA 2024-0001/LCPA 2024-0020/MCA 2024-0001) pursuant to Chapter 21.52
of the Carlsbad Municipal Code, Section 30514 of the Public Resources Code, and Section 13551 of
California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Carlsbad Municipal Code Title 21 (Zoning Ordinance) and Section 15.16 of Title
15 {Grading and Drainage Ordinance) are part of the Carlsbad Local Coastal Program Implementation
Plan, and therefore, amendments to Title 21 and Section 15.16 also constitute amendments to the
Local Coastal Program; and
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 May 15, 2024, hold a duly
noticed public hearing as prescribed by law to consider Planning Commission Resolution 7514,
recommending approval of Local Coastal Program Amendment LCPA 2024-0020; and the Planning
Commission adopted Planning Commission Resolution 7514 recommending to the City Council that
LCPA 2024-0020 be approved; and
WHEREAS, the City Council held a duly noticed public hearing to consider LCPA
2024-0020 as recommended by the Planning Commission; and
WHEREAS, pursuant to California Coastal Commission regulations, a six-week public review
period for LCPA 2024-0020 began on May 10, 2024, and ended on June 21, 2024; 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 2024-
0020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.
2.
That the above recitations are true and correct.
That the recommendation of the Planning Commission for approval of LCPA 2024-0020
to amend the Carlsbad Local Coastal Program Implementation Plan is approved, and the
findings of the Planning Commission contained in Planning Commission Resolution
7514, on file with the City Clerk and incorporated herein by reference, are the findings
of the City Council.
3. The approved Local Coastal Program Implementation Plan shall not become effective
until approved and certified by the California Coastal Commission.
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 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 30th day of :!J!!y, 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)