HomeMy WebLinkAbout1998-01-07; Planning Commission; Resolution 39414?
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PLANNING COMMISSION RESOLUTION NO. 3941
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS
OF THE CARLSBAD LOCAL CQASTAL PROGRAM TO
ADOPT THE CITY’S HILLSIDE DEVELOPMENT AND USES
GENERALLY CHAPTERS AS AMENDED AS
IMPLEMENTING ORDINANCES FOR CARSLBAD’S LOCAL
COASTAL PROGRAM.
CASE NAME: HILLSIDE ORDINANCE AMENDMENT
CASE NO: LCPA 96-01
WHEREAS, California State law requires that the Local Coastal Program, ar
implementing Zoning provisions for properties in the Coastal Zone be in conformance;
WHEREAS, a verified application for an amendment to the Local C
Program, as shown on Exhibit “X” dated January 7, 1998, attached to Planning Comm
Resolution No. 3940 and incorporated herein, has been filed with the Planning Commission
WHEREAS, said verified application constitutes a request for a Local CI
Program Amendment as provided in Public Resources Code Section 30574 and Article
Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations (
California Coastal Commission Administrative Regulations;
WHEREAS, the Planning Commission did on the 4th day of December 199(
15th day of January 1997, the 19th day of February 1997, the 4th day of June 1997, the
day of June 1997, the 16th day of July 1997, the 20th day of August 1997, the 1st d
October 1997, the 15th day of October 1997, and on the 7th day of January, 1998, hold a
noticed public hearing as prescribed by law to consider the proposed Local Coastal Prc
Amendment shown on Exhibit “X”, and
WHEREAS, at said public hearing, upon hearing and considering all testi~
and arguments, if any, of all persons desiring to be heard, said Commission considered all fz i I
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relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review peri
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on Marc
1996, and ending on April 26, 1996, staff shall present to the City Cou
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Corn
RECOMMENDS APPROVAL of LCPA 96-01 as shown on Exhibit “X”
January 7, 1998, attached to Planning Commission Resolution No. 394
incorporated herein, based on the following findings, and subject to the follc
conditions:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all applj
policies of the Carlsbad Local Coastal Program, in that the Hillside Ordi~
amendment specifies that, “All hillside development processed pursuant ta
amended ordinance shall be consistent with all applicable provisions and polic
the certified LCP(s) and shall not result in significant adverse impacts to c(
resources.”
2. That the proposed amendment to the Carlsbad Local Coastal Program is requir
maintain consistency between the proposed amended zone code and the City’s :
Coastal Program.
3. The Planning Commission of the City of Carlsbad has reviewed, analyzec
considered Negative Declaration (ZCA 96-04LCPA 96-01), the environmental in,
therein identified for this Project and any comments thereon prior to recornme1
approval of the Project. Based on the EIA Part-I1 and comments thereon, the PlaI
Commission finds that there is no substantial evidence the Project will have a signi
effect on the environment and thereby RECOMMENDS APPROVAL OF the Ne$
Declaration.
4. The Planning Commission finds that the Negative Declaration (ZCA 96-04/LCPJ
01) reflects the independent judgment of the Planning Commission of the Cj
Carlsbad. 1 PC RES0 NO. 3941 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannir
Commission of the City of Carlsbad, held on the 7th day of January 1998, by the follc
vote, to wit:
AYES: Chairperson Noble, Commissioner’s Compas, Heineman, Mo
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 3941 -3 -