HomeMy WebLinkAbout2010-10-12; City Council; Resolution 2010-238EXHIBIT 2
1 RESOLUTION NO. 2010-238
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DECLARING ITS
3 INTENTION TO STUDY AND CONSIDER AMENDMENTS
TO THE LAND USE ELEMENT OF THE GENERAL PLAN,
4 ZONING ORDINANCE AND OTHER REGULATIONS
PERTAINING TO THE LOCATION AND OPERATION OF
5 THERMAL ELECTRIC POWER GENERATION
FACILITIES WITHIN THE CITY.
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WHEREAS, at its regular meeting on October 20, 2009, the City Council adopted
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Resolution No. 2009-263 which declares its intention to consider amendments to the General
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Plan, the Zoning Ordinance and other regulations pertaining to the location and operation of
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thermal electric power generation facilities within Carlsbad's Coastal Zone; and
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WHEREAS, at its regular meeting on December 1, 2009, the City Council
adopted Resolution No. 2009-299 which further declares its intention to consider amendments
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to the General Plan, the Zoning Ordinance and other regulations pertaining to the location and
operation of thermal electric power generation facilities within Carlsbad's Coastal Zone; and14
WHEREAS, City staff was authorized and directed to study and prepare
recommendations and to set public hearings before the Planning Commission and City Council16
to determine whether the present General Plan and Zoning designations for thermal electric
power generation facilities within the City, including the Encina Power Station site, should be1 o
amended; and
WHEREAS, the study may include preparing land use alternatives and/or a
,,. "Conceptual Master Plan or Land Use Development Strategy" for the properties included in the
22 Encina Power Station site and, may include the use of consulting firms to assist city staff in
23 preparing said land use alternatives for the Encina Power Station site and/or preparing
24 appropriate environmental review documents; and
25 WHEREAS, staff is also directed to consider the repeal or amendments to
26 Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the non-
27 conforming use provisions to the Zoning Ordinance, as appropriate; and
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1 WHEREAS, City staff have developed land use study options.
2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
3 Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and Section
65358 of the State Government Code, the City Council of the City of Carlsbad declares its
intention to consider amendments to the Land Use Element of the General Plan, the Zoning
Ordinance and other regulations pertaining to the location and operation of thermal electric
power generation facilities within the City of Carlsbad.
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3. That the City Manager and/or designee is hereby authorized and directed to
9 prepare an EIR and legislative actions (GPA,ZC,ZCA,SPA,PPA) to implement the land use
recommendations.
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4. That the City Manager and/or designee is also directed to repeal or amend
11 Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the non-
conforming use provisions to the Zoning Ordinance, as appropriate.
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"NOTICE TO APPLICANT"
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The time within which judicial review of this decision must be sought is governed
14 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 ninetieth day following the date on which
this decision becomes final; however, if within ten 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
or preparation of such record, the time within which such petition may be filed in court is
I7 extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12th day of October 2010, by the following vote to wit:
AYES: Council Members Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Lewis.
ATTEST:
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