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HomeMy WebLinkAbout1999-07-21; Planning Commission; Resolution 4600t I ~ * 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 PLANNING COMMISSION RESOLUTION NO. 4600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL, COASTAL PROGRAM TO CLARIFY THE BURDEN OF PROOF REGARDING APPEALS OF PLANNING MATTERS IN ALL OF THE CITY’S SIX LOCAL COASTAL PROGM SEGMENTS. CASE NAME: APPELLATE PROCEDURES CASE NO: LCPA 99-04 WHEREAS, the City of Carlsbad has filed a verified applicatior amendment to the Local Coastal Program with the Planning Commission; and WHEREAS, said verified application constitutes a request for a Local Program Amendment (LCPA 99-04) as shown on Exhibit “X” dated July 21,1999 att: and incorporated by reference in companion Planning Commission Resolution P (ZCA 99-06) as provided in Public Resources Code Section 30574 and Article 15 of Su 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the C; Coastal Commission Administrative Regulations; and WHEREAS, it is generally desirable that administrative appellate proce the Local Coastal Program and zone code provisions for properties in the coastal ZOI conformance with such appellate procedures outside the coastal zone; and WHEREAS, the Planning Commission did on the 21st day of July 1999 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all te and arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review pe any amendment to the Local Coastal Program. ~ I II z 0 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 i 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 , 1999 and ending on August 4, 1999, staff shall present to the City C summary of the comments received. C) That based on the evidence presented at the public hearing, the Cor RECOMMENDS APPROVAL of APPELLATE PROCEDURES LC 04 based on the following findings: Findinm: 1. That the proposed Local Coastal Program Amendment is consistent with all a] policies of the six segments of the Carlsbad Local Coastal Program, in that the t changes to the appellate procedures will have no impacts on coastal reso policies. 2. That the proposed amendment to the six segments of the Carlsbad Local Coastal is required to achieve compliance with the requirements of due process consistent with the principles of good planning, public necessity, convenie public welfare. 3. The proposed amendment is necessary to maintain consistency between th, code and the Local Coastal Program. 4. That the Planning Director has determined that the project is exem environmental review under CEQA because it satisfies the basic rule that th possibility that adoption of this ordinance will cause any impact to the envirc ... ... .. . ... ... , ... ~ I ". .. . PC RES0 NO. 4600 -2- > I’ 1 2 3 4 5 6 0 0 i PASSED, APPROVED AND ADOPTED at a regular meeting to the Commission of the City of Carlsbad, held on the 21st day of July, 1999, by the follow to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Hewe Nielsen, Segall, Trigas, and Welshons NOES: 7 I1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: ABSTAIN: fi CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4600 -3-