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HomeMy WebLinkAbout2011-03-22; City Council; Resolution 2011-048EXHIBIT 2 1 RESOLUTION NO. 2011-048 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT TO ADD AND ENACT CHAPTER 21.87 - REASONABLE ACCOMMODATION OF THE ZONING 4 ORDINANCE. CASE NAME: REASONABLE ACCOMMODATION 5 CASE NO.: LCPA10-05 6 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 7 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 8 Commission did on January 19, 2011, hold a duly noticed public hearing as prescribed by law to 9 consider the Zone Code Amendment (ZCA 10-06), as referenced in Planning Commission 10 Resolution No. 6748, and Local Coastal Program Amendment (LCPA 10-05), as referenced in Planning Commission Resolution No. 6749; and 12 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6748 and 6749 recommending to the City Council that ZCA 10-06 and LCPA14 10-05 be approved; and15 WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of March16 , 2011, held a duly noticed public hearing to consider the Zone Code Amendment and Local Coastal Program Amendment; and 1 8 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 the Zone Code Amendment and Local Coastal Program Amendment. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 2<, hereby resolve as follows: 24 1. That the above recitations are true and correct. 25 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 6748 and 6749 constitute the findings of the City Council in this matter. 26 3. That the amendment to the Local Coastal Program (LCPA 10-05), is 27 approved as shown in Planning Commission Resolution No. 6749, on file with the City Clerk and incorporated herein by reference. 28 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 4. That the approval of LCPA 10-05 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. "NOTICE TO APPLICANT" 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 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 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." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of March 2011, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard NOES: None. ABSENT: None. MATT HAI(L, Mayor ATTEST -2-