HomeMy WebLinkAbout2003-05-21; Planning Commission; Resolution 54151
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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
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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-
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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-