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HomeMy WebLinkAbout2005-07-20; Planning Commission; Resolution 59271 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. 5927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE ZONING ORDINANCE AMENDING CHAPTER 21.29 (C-T COMMERCIAL TOURIST ZONE), AND AMENDING THE DEFINITION OF “VISITOR- SERVING COMMERCIAL” IN THE MELLO I1 SEGMENT OF THE LOCAL COASTAL PROGRAM. CASENAME: C-T ZONE AND TR LAND USE DESIGNATION AMENDMENTS CASE NO.: LCPA 02-06 WHEREAS, the Planning Director has prepared an amendment to Title 21 of the Municipal Code (Zoning Ordinance) relating to C-T Commercial-Tourist zoning regulations, and an amendment to the Mello I1 Segment of the Local Coastal Program relating to the definition of “visitor-serving commercial;” 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 “Y,” dated July 20,2005, attached hereto and made a part hereof, and as shown on Exhibit “X,” dated July 20, 2005, attached to Planning Commission Resolution No. 5926, incorporated herein by reference, and as shown on Exhibit “Z,” dated July 20, 2005, attached to Planning Commission Resolution No. 5928, incorporated herein by reference, as provided for in Public Resources Code Section 30514 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 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 20th day of July 2005, 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 April 22, 2005 and ending on June 3, 2005, 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 C-T ZONE AND TR LAND USE DESIGNATION AMENDMENTS -LCPA 02-06, based on the following findings: Findings: 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 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. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to ensure consistency with the proposed Zone Code Amendment (ZCA 02-02) and General Plan Amendment (GPA 02-03). PC RES0 NO, 5927 -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 of the Planning Commission of the City of Carlsbad, California, held on the 20th day of July 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton NOES: ABSENT: Commissioners Heineman and Montgomery CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5927 -3- Exhibit Y July 20,2005 LCPA 02-06 - C-T ZONE & TR LAND USE DESIGNATION AMENDMENTS Local Coastal Program Mello I1 Segment, Policy 6.8 is amended to read as follows: POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST END OF BUENA VISTA LAGOON “Visitor-serving commercial uses” shall be defined as uses that serve the travel and recreational needs of visitors, residents and employees of local businesses, including, but not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. The Plaza Camino Real and North Coast Plaza properties located at the east end of Buena Vista Lagoon (see Exhibit 4.5, Page 75) will be designated for commercial, not visitor-serving commercial uses.