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HomeMy WebLinkAbout2012-01-24; City Council; Resolution 2012-023The City Council of the City of Carlsbad, California, does hereby resolve as EXHIBIT 2 1 RESOLUTION NO. 2012-023 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO 3 THE CARLSBAD LOCAL COASTAL PROGRAM TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING 4 ELEMENT PROGRAM 2.1 OF THE ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND THEREBY AMENDING 5 THE ZONING ORDINANCE TO ALLOW RESIDENTIAL USES AS A PERMITTED USE IN CERTAIN COMMERCIAL ZONES. 6 CASE NAME: H.E. PROGRAM 2.1 MIXED USE CASE NO.: LCPA 10-04 7 " 8 follows: 9 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 10 Commission did on December 7, 2011, hold a duly noticed public hearing as prescribed by law 11 to consider the Zone Code Amendment (ZCA 10-05), as referenced in Planning Commission 12 Resolution No. 6842, and Local Coastal Program Amendment (LCPA 10-04), as referenced in 13 Planning Commission Resolution No. 6843; and 14 WHEREAS, the Planning Commission adopted Planning Commission 15 Resolutions No. 6842 and 6843 recommending to the City Council that ZCA 10-05 and LCPA 1^ 10-04 be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 24'^ day of January, 1^ 2012, held a duly noticed public hearing to consider the Zone Code Amendment and Local Coastal Program Amendment; 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 the Zone Code Amendment and Local Coastal Program Amendment. 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. 19 20 21 22 23 24 25 26 2. That the findings of the Planning Commission in Planning Commission 27 Resolutions No. 6842 and 6843 constitute the findings ofthe City Council in this matter. 28 1 3. That the amendment to the Local Coastal Program (LCPA 10-04), is approved as shown in Planning Commission Resolution No. 6843, on file with the City Clerk and 2 incorporated herein by reference. 3 4. That the approval of LCPA 10-04 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 4 approval becomes effective. 5 "NOTICE TO APPLICANT" 6 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 7 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 8 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 9 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 '0 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, 11 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 12 /// 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// /// 10 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 24'^ day of January, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: