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HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4484c 0 0 4 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 PLANNING COMMISSION RESOLUTION NO. 4484 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO FIVE SEGMENTS (EXCLUDING THE REDEVELOPMENT AREA) OF THE CARLSBAD LOCAL COASTAL PROGRAM BY AMENDING CHAPTERS 21.04, 21.26, 21.27, 21.28, 21.29, 21.30, 21.32, AND 21.34 RELATING TO INCIDENTAL OUTDOOR DINING AREAS AS THE IMPLEMENTATION ORDINANCES FOR CARLSBAD’S LOCAL COASTAL PROGRAMS ON PROPERTY LOCATED CITYWIDE OUTSIDE OF THE REDEVELOPMENT AREA AND OUTSIDE OF THE COMMERCIAL/VISITOR-SERVING OVERLAY ZONE CASE NAME: INCIDENTAL OUTDOOR DINING AREAS I1 CASE NO: LCPA 99-01 WHEREAS, California State law requires that the Local Coastal General Plan, and Zoning designations for properties in the Coastal Zone be in conform WHEREAS, the Planning Director has filed a verified applicatic amendment to the Local Coastal Program designations regarding property owned b owners, “Owner”, described as Citywide outside of the Redevelopment area and outside of the CommerciaWisitor-Serving Overlay Zone. (“the Property”); and WHEREAS, said verified application constitutes a request for a Loci Program Amendment dated January 12, 1999, as provided in Public Resources Coc 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the Califc of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 17th day of March on the 21st day of April 1999, hold a duly noticed public hearing as prescribed consider said request; and I 0 0 4 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, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Commission considered relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review 1 any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 Fel 1999 and ending on March 17, 1999, staff shall present to the City ( summary of the comments received. C) That based on the evidence presented at the public hearing, the COI RECOMMENDS APPROVAL of INCIDENTAL OUTDOOR AREAS 11, LCPA 99-01, according to Exhibit “X” attached to Commission Resolution No. 4483, based on the following findings, and : the following conditions: Findings: 1. That the proposed Locai Coastal Program Amendment is consistent with all ? policies of the Mello I, Mello 11, Agua Hedionda, East Batiquitosrnunt, a: BatiquitodSammis segments of the Carlsbad Local Coastal Program, in proposed amendment is limited in its nature and will not change existing reg prohibiting or restricting development on sensitive slopes, bluff tops, or agr: lands, and will not change any requirements for vista points/view corridors. 2. That the proposed amendment to the ”ello I, Mello 11, Agua Hediond BatiquitodHunt, and West Batiquitos/Sammis segments of the Carlsbad Loca Program is required to maintain consistency between the proposed amendm code and the City’s Local Coastal Program. NOTICE Please take NOTICE that approval of your project includes the “imposition” dedications, reservations, or other exactions hereafter collectively referred to for conver “fees/exactions.” 1 PC RES0 NO. 4484 -2- e e . 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 You have 90 days from date of final approval to protest imposition of these fees/exa you protest them, you must follow the protest procedure set forth in Government Cod 66020(a), and file the protest and any other required information with the City Ma processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure follow that procedure will bar any subsequent legal action to attack, review, set aside annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/ DOES NOT APPLY to water and sewer connection fees and capacity charges, nor zoning, grading or other similar application processing or service fees in connection project; NOR DOES IT APPLY to any feedexactions of which you have previously b a NOTICE similar to this, or as to which the statute of limitations has previously expired, PASSED, APPROVED AND ADOPTED at a regular meeting to the Commission of the City of Carlsbad, held on the 21st day of April 1999, by the follom to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heure Nielsen, Segall, and Welshons NOES: ABSENT: Commissioner Trigas ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: 6. Planning Director PC RES0 NO. 4484 -3-