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HomeMy WebLinkAbout2001-02-07; Planning Commission; Resolution 48561 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. 4856 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED CITYWIDE. CASE NAME: COMMUNITY FACILITIES ZONE CASE NO: LCPA 99-02 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad has filed an application proposing to amend the City’s Zoning regulations (Title 21 of the Carlsbad Municipal Code) to create a new chapter (Chapter 21.25) and amend existing chapters (Chapter 21.38 and 21.42) to require and regulate community facilities uses in master plans and residential specific plans; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X Revised” attached to Planning Commission Resolution No. 4855 and Exhibit “Y” attached hereto dated February 7,200l as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 15th day of November 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said public hearing was continued to the 6th day of December 2000, and to the 3rd day of January 2001, and to the 7th day of February, 2001, at said public hearing, having heard and considered 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. 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, State Coastal Guidelines require 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: -9 That the foregoing recitations are true and correct. W At the end of the State mandated six week review period, starting on August 31, 2000 and ending on October 12, 2000, staff shall present to the City Council a summary of the comments received. Cl That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of COMMUNITY FACILITIES ZONE, LCPA 99-02 based on the following findings, and subject to the following conditions: Findings: 1. 2. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I, Mello II, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed amendment: a) will not create or allow any uses which are not already allowed in the City and the Coastal Zone; b) will not impact or reduce any requirements for the protection of coastal resources; c) will not impact or change any restrictions on development of coastal slopes; d) will not impact public views which are protected by Coastal regulations and policies; and, e) will not impact or change public access regulations or policies within (or outside of) the Coastal Zone. That the proposed amendment to the Mello I, Mello II, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Carlsbad Local Coastal Program is required to bring them into consistency with the accompanying proposed zone code amendment (ZCA 99-02). PC RESO NO. 4856 -2. 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 Planning Commission of the City of Carlsbad, held on the 7th day of February 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RBSO NO. 4856 -3. -_ EXHIBIT “y” LCPA 99.02 FEBRUARY 7,200l LCPPOLICY This exhibit includes the proposed text amendment (strikeout/highlight format) to the Mello I, Mello II, Agua Hedionda, Village Redevelopment Area, East Batiquitos Lagoon, and West Batiquitos Lagoon segments of the Local Coastal Program. NO TEXT AMENDMENT IS REQUIRED.