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HomeMy WebLinkAbout2003-04-16; Planning Commission; Resolution 53821 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. 5382 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT .TO AMEND TITLE 21 OF THE MUNICIPAL CODE (ZONING ORDINANCE) BY REPEALING THE REGULATIONS FOR SENIOR CITIZEN HOUSING IN SECTION 21.18.045; ADDING CHAPTER 21.84 TO PROVIDE REGULATIONS FOR HOUSING FOR SENIOR CITIZENS THAT ARE CONSTRUED IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTIONS 51.2, 51.3 AND 51.4, THE FEDERAL FAIR HOUSING ACT, AND THE FEDERAL CODE OF REGULATIONS TITLE 24 SECTIONS 100.300 TO 100.308; AMENDING VARIOUS SECTIONS OF TITLE 21 OF THE MUNICIPAL CODE TO REFERENCE CHAPTER 21.84; AMENDING THE PLANNED DEVELOPMENT REGULATIONS IN CHAPTER 21.45 TO SPECIFY WHAT REGULATIONS ARE OR ARE NOT APPLICABLE TO HOUSING FOR SENIOR CITIZENS; AMENDING SECTION 21.44.020(a)(9) OF THE PARKING REGULATIONS TO INCREASE THE PARKING REQUIREMENT FOR HOUSING FOR SENIOR CITIZENS; AND AMENDING OTHER VARIOUS REGULATIONS RELATING TO HOUSING FOR SISTENCY. CASENAME: HOUSING FOR SENIOR CITIZENS CASE NO.: LCPA 02-08 WHEREAS, the Planning Director has prepared an amendment to Title 21 of the SENIOR CITIZENS FOR CLARIFICATION AND CON- ORDINANCE AMENDMENT Municipal Code (Zoning Ordinance) relating to housing for senior citizens; and WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of Carlsbad Local Coastal Program; and WHEREAS, California State law requires that the Local Coastal Program and Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal Program is required in conjunction with an amendment to the Zoning Ordinance (implementing ordinance) to ensure consistency between the two documents; and WHEREAS, the City of Carlsbad, “Applicant”, has filed a verified application for an amendment to the Local Coastal Program; and 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, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X”, dated April 16, 2003, attached to Planning Commission Resolution No. 5381 and incorporated herein by reference, as provided for in Public Resources Code Section 30514 and Article 15, Subchapter 2, Chapter 8, Division 5.5 of Title 14 of the California Code of Regulations (California Coastal Commission Regulations); and WHEREAS, the Planning Commission did on the 16th day of April 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, in accordance with California Coastal Commission requirements, the Local Coastal Program Amendment was subject to a six-week public review period, starting on January 23, 2003 and ending on March 6, 2003, and the Planning Commission considered all comments received, if any. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of HOUSING FOR SENIOR CITIZENS ORDINANCE AMENDMENT - LCPA 02-08, based on the following findings: Findiws: 1. 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 11, Agua Hedionda Lagoon, East Batiquitos Lagoon, West Batiquitos Lagoon, and the Village Redevelopment Plan segments of the Carlsbad Local Coastal Program not being amended by this amendment, in that it ensures consistency with the Carlsbad Zoning Ordinance, and does not alter any coastal PC RES0 NO. 5382 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 2t 2; 28 zone regulations, land use designations or policies, with which future projects subject to the senior citizen housing ordinance must comply. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to ensure consistency with the proposed Zone Code Amendment (ZCA 02-04). PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of April, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None rn R, Chairperson cAg.~&!m PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5382 -3-