HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 59951
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PLANNING COMMISSION RESOLUTION NO. 5995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM AMENDING TITLE 21 OF
THE MUNICIPAL CODE AMENDING TITLE 21 OF THE
MUNICIPAL CODE (ZONING ORDINANCE) BY ADDING A
NEW CHAPTER 21.210 AND BY AMENDING OTHER
CHAPTERS OF THE ZONING ORDINANCE FOR PURPOSES
OF IMPLEMENTING THE CITY’S HABITAT MANAGEMENT
PLAN.
CASE NAME: HABITAT MANAGEMENT PLAN
CASE NO: LCPA 05-09
IMPLEMENTATION
WHEREAS, the Planning Director has prepared an amendment to Title 21 of the
Municipal Code (Zoning Ordinance) relating to implementation of the Habitat Management
Plan; 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 show on Exhibit “A” dated December 7, 2005, attached to Planning
Commission Resolution No. 5994 and incorporated herein by reference, 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 7th day of December 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, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, in accordance with State Coastal Guidelines requirements, the Local
Coastal Program was subject to a six-week public review period, starting on September 23,
2005 and ending on November 4,2005, and the Planning Commission considered all comments
received prior to the Planning Commission hearing, if any.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PIanning
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 September
23, 2005, and ending on November 4, 2005, staff shall present to the Planning
Commission and City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of LCPA 05-09 -
HABITAT MANAGEMENT PLAN IMPLEMENTATION based on the
following findings, and subject to the following conditions:
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, 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 other
coastal zone regulations, land use designations or policies, and any further proposals
must comply with all of the above in addition to the amendments approved by this
action.
2. That the proposed Local Coastal Program Amendment will implement the Carlsbad
Habitat Management Plan as incorporated into the Local Coastal Plan and will
protect natural habitats in the City.
PC RES0 NO. 5995 -2-
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3. That the proposed Local Coastal Program Amendment is required to ensure consistency
with the proposed Zone Code Amendment (ZCA 05-01) and the Local Coastal Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 7th day of December 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN: m JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5995 -3-