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HomeMy WebLinkAbout2005-12-07; Planning Commission; Resolution 59951 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. 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 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 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- 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 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-