HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 4484c 0 0
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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
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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-
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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-