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HomeMy WebLinkAbout2006-02-01; Planning Commission; Resolution 58801 PLANNING COMMISSION RESOLUTION NO. 5880 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO AMEND THE DENSITY BONUS AND INCLUSIONARY HOUSING REGULATIONS IN THE ZONING ORDINANCE TO ENSURE THE DENSITY BONUS 6 REGULATIONS ARE CONSISTENT WITH STATE LAW, AND THAT THE DENSITY BONUS AND INCLUSIONARY 7 HOUSING REGULATIONS ARE COMPATIBLE. CASE NAME: DENSITY BONUS AMENDMENT 8 CASE NO.: LCPA 04-17 9 WHEREAS, the Planning Director has prepared an amendment to Title 21 of the 10 Municipal Code (Zoning Ordinance) relating to density bonus and inclusionary housing 11 regulations; and 13 WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of 14 Carlsbad Local Coastal Program; and 15 WHEREAS, California State law requires that the Local Coastal Program and Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal 17 Program is required in conjunction with an amendment to the Zoning Ordinance (implementing 18 ordinance) to ensure consistency between the two documents; and 2Q WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 21 for an amendment to the Local Coastal Program; and 22 WHEREAS, said verified application constitutes a request for a Local Coastal 23 Program Amendment as shown on Exhibit "X," dated February 1, 2006, attached to Planning 24 Commission Resolution No. 5879 and incorporated herein by reference, as provided for in 25 Public Resources Code Section 30514 and Article 15, Subchapter 2, Chapter 8, Division 5.5 of26 27 Title 14 of the California Code of Regulations (California Coastal Commission Regulations); and 28 WHEREAS, the Planning Commission did on the 1st day of February 2006, 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 2 and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by 3 staff, and considering any written comments received, the Planning Commission considered all 4 - factors relating to the Local Coastal Program Amendment; and 5 WHEREAS, in accordance with California Coastal Commission requirements, the 7 Local Coastal Program Amendment was subject to a six-week public review period, starting on o0 March 11, 2005 and ending on April 22, 2005, and the Planning Commission considered all 9 comments received, if any. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 11 Commission as follows: j 3 A) That the foregoing recitations are true and correct. 14 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of DENSITY BONUS 15 AMENDMENT - LCPA 04-17, based on the following findings: Findings: 17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 18 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I, Mello II, Agua Hedionda Lagoon, East Batiquitos Lagoon and West Batiquitos Lagoon segments of the Carlsbad Local Coastal Program not being amended 2Q by this amendment, in that it ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with any coastal zone regulations, land use 21 designations or policies, with which development must comply. 22 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to ensure consistency with the proposed Zone Code Amendment (ZCA 04-10). 23 24 25 26 27 28 PC RESO NO. 5880 -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 1st day of February 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Segall, and Whitton ABSENT: Commissioner Dominguez and Heineman ABSTAIN: MARTELL B. MONTp)MERY«Mairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 5880 -3-