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HomeMy WebLinkAbout2003-05-21; Planning Commission; Resolution 54151 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. 5415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADOPT THE CITY’S ZONE CODE AS AMENDED FOR SECOND DWELLING UNITS AS AN WLEMENTING ORDINANCE FOR CARSLBAD’S LOCAL COASTAL PROGRAM CASENAME: SECOND DWELLING UNIT ORDINANCE AMENDMENT CASE NO: LCPA 03-02 WHEREAS, the City is amending Title 21, the Carlsbad Zone Code, to comply with California Government Code Section 65852.2, which was amended to streamline the permit process requirements for the development of second dwelling units throughout the state; and WHEREAS, the Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program; and WHEREAS, California State law requires that the Local Coastal Program, and the Zoning Ordinance be in conformance and therefore amendments to the implementing ordinance also require an amendment to the Local Coastal Program to ensure consistency between the two documents; and WHEREAS, a verified application for an amendment to the Local Coastal Program has been filed with the Planning Department; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibits “X”, dated May 21, 2003 and attached to Resolution No. 5414 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 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, the Planning Commission did on the 21st day of May, 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, said Commission considered all'factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires 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: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on April 17, 2003 and ending on May 30, 2003, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission UNIT ORDINANCE AMENDMENT based on the following findings, and subject to the following conditions: RECOMMENDS APPROVAL of LCPA 03-02 - SECOND DWELLING Findinm: 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, Redevelopment, East Batiquitos and West Batiquitos segments of the Carlsbad Local Coastal Program, in that the Zone Code Amendment clarifies/modifies the permitting process (Minor Coastal Permit with no public hearing or local appeal rights and a building permit) for second dwelling units in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone. Consistent with this, correspondence from the California Coastal Commission's Executive Director to local agencies (January 13, 2003) committed that these proposed procedural changes shall be approved by the California Coastal Commission as de minimis LCP amendments. 2. That the proposed amendment to the segments of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed zone code amendment. PC RES0 NO. 5415 -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 2E PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 21st day of May, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, and White NOES: None ABSENT: Commissioner Whitton ABSTAIN: None LAN"G COMMISSION ATTEST: MICHAEL J. HOLZ~LER" Planning Director PC RES0 NO. 5415 -3-