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HomeMy WebLinkAbout2009-08-11; City Council; Resolution 2009-211EXHIBIT 2 1 RESOLUTION NO. 2009-211 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE IMPLEMENTING 4 ORDINANCE OF THE CARLSBAD LOCAL COASTAL PROGRAM (TITLE 21 - ZONING) TO: 1) REPEAL AND RE- 5 ENACT THE NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE 6 NEW AND AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04- DEFINITIONS, 3) REPEAL SECTION 7 21.46.210 OF CHAPTER 21.46 - YARDS, 4) AMEND SECTION 21.44.010 OF CHAPTER 21.44 - PARKING AND, 5) AMEND 8 SECTION 21.45.090A OF CHAPTER 21.45 - PLANNED DEVELOPMENTS. 9 CASE NAME: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION 10 CASE NO.: ZCA 09-01/LCPA 09-01 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on June 17, 2009 and July 1, 2009, hold a duly noticed public hearing as 13 prescribed by law to consider a Negative Declaration, Zone Code Amendment (ZCA 09-01) and 14 Local Coastal Program Amendment (LCPA 09-01) and adopted Planning Commission l^ Resolutions No. 6573, 6574 and 6575 recommending to the City Council adoption of the 16 Negative Declaration and approval of ZCA 09-01 and LCPA 09-01; and 17 WHEREAS, the City Council did on the 11"^ davof/WugT. 2009 hold aJ 1 R duly noticed public hearing as prescribed by law to consider the Negative Declaration, Zone 19 Code Amendment and Local Coastal Program Amendment; and 20 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 22 relating to the Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment. 24 NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 27 2. That the findings and conditions of the Planning Commission as set forth 2g in Planning Commission Resolutions No. 6573 and 6575 on file with the City Clerk and made a part hereof by reference, constitute the findings of the City Council in this matter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the application for a Negative Declaration and a Local Coastal Program Amendment (LCPA 09-01) is adopted and approved as shown in Planning Commission Resolutions No. 6573 and 6575, on file with the City Clerk and incorporated herein by reference. 4. That the approval of LCPA 09-01 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of August, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn NOES: None. ABSENT: None. LORRAINE^MwW/QOD, City Clerk (SEAL) ^NSV\,sjM0%,