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HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4529I) I 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 0 a PLANNING COMMISSION RESOLUTION NO. 4529 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO MAKE THE ZONING ORDINANCE AND THE LOCAL COASTAL PROGRAM CONSISTENT WITH REGARDS TO THE SERVING OVERLAY ZONE ESTABLISHMENT OF THE COMMERCIALNISITOR- CASE NAME: COMMERCIALNISITOR-SERVNG OVERLAY ZONE CASE NO: LCPA 98-05 WHEREAS, the City is adding Chapter 21.208 to Title 21 of the ( Municipal Code to establish a new overlay zone to regulate CommerciaWisitor uses within the designated overlay zone area; WHEREAS, the Zoning Ordinance is the implementing ordinance for t Local Coastal Program; WHEREAS, California State law requires that the Local Coastal Prog Zoning Ordinance be in conformance and therefore, amendments to the implementing o also require an amendment to the Local Coastal Program to ensure consistency betweer documents; and WHEREAS, a verified application for an amendment to the Local Program has been filed with the Planning Department; WHEREAS, said verified application constitutes a request for a Local Program Amendment as shown on Exhibit “X” dated March 17, 1999, attached to P Commission Resolution No. 4527, as provided in Public Resources Code Section 30 Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California ( Regulations of the California Coastal Commission Administrative Regulations; 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 WHEREAS, the Planning Commission did on.the 17th day of March, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 February 4, 1999, and ending on March 18, 1999, staff shall present to the City Council a summary of the comments received. C FindinPs ) That based on the evidence presented at the public hearing, the Commission RECOMMENDSAPPROVAL of COMMERCIAL/VISITOR-SERVING OVERLAY ZONE, LCPA 98-05, based on the following findings: 1. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello I, Mello II, Agua Hedionda, East Batiquitos and West Batiquitos segments of the Carlsbad Local Coastal Program, in that the proposed zone code amendment and overlay zone is limited in its nature in that it will not alter any coastal zone regulations, land use designations or policies, that future projects subject to the overlay zone must still comply with. 2. That the proposed amendment to the -segments of the Car&bad Local Coastal Program is required to maintain consistency between the proposed overlay zone/zone code amendment and the City’s Local Coastal Program. PC RESO NO. 4529 -2- b ll e a 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 to the : Commission of the City of Carlsbad, held on the 17th day of March, 1999, by the fi vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heurel Nielsen, Noble, Savary, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CAFUSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4529 -3-