HomeMy WebLinkAbout2004-07-21; Planning Commission; Resolution 56531
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PLANNING COMMISSION RESOLUTION NO. 5653
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE RESIDENTIAL
REGULATIONS IN THE ZONING ORDINANCE TO ENSURE
CONSISTENCY BETWEEN THE GENERAL PLAN AND
ZONING ORDINANCE.
CASENAME: RESIDENTIAL GENERAL PLAN AND
ZONING CONSISTENCY AMENDMENTS
CASE NO.: LCPA 03- 12
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
Municipal Code (Zoning Ordinance) relating to residential development regulations; 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
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X,” dated June 16, 2004, attached to Planning
Commission Resolution No. 5652 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 June 2004 and on
the 21st day of July 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
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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
April 22, 2004 and ending on June 3, 2004, 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 RESIDENTIAL
LCPA 03-12, based on the following findings:
GENERAL PLAN AND ZONING CONSISTENCY AMENDMENTS -
Findings:
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2.
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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 and West
Batiquitos Lagoon 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 conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to
ensure consistency with the proposed Zone Code Amendment (ZCA 03-02).
PC RES0 NO. 5653 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Dominguez,
Heineman, Montgomery and Segall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Planning Director
PC RES0 NO. 5653 -3-