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HomeMy WebLinkAbout2009-06-03; Planning Commission; Resolution 65661 PLANNING COMMISSION RESOLUTION NO. 6566 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING 4 ORDINANCE OF THE LOCAL COASTAL PROGRAM (TITLE 5 21 - ZONFNG) TO AMEND THE "BUILDING HEIGHT" DEFINITION AND OTHER RELATED AMENDMENTS TO 6 THE DEFINITIONS CHAPTER OF THE CITY OF CARLSBAD ZONING ORDINANCE. 7 CASE NAME: BUILDING HEIGHT ZONE CODE AMENDMENT 8 CASE NO: LCPA 08-02 9 WHEREAS, California State law requires that the Local Coastal Program, 10 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and ,2 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 13 for an amendment to the Local Coastal Program implementing ordinance; and 14 WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "X", dated June 3, 2009, attached to Planning 16 Commission Resolution No. 6565, as provided in Public Resources Code Section 30514 and 17 Section 13551 of California Code of Regulations Title 14, Division 5.5; and18 in WHEREAS, the Planning Commission did on June 3, 2009, hold a duly noticed 20 public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the Local Coastal Program Amendment; and 24 WHEREAS, State Coastal Guidelines requires a six-week public review period 25 for any amendment to the Local Coastal Program. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2° 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 April 17, 2 2009 and ending on May 29, 2009, staff shall present to the City Council a summary of the comments received. 3 C) That based on the evidence presented at the public hearing, the Commission 4 RECOMMENDS APPROVAL of BUILDING HEIGHT ZONE CODE 5 AMENDMENT - LCPA 08-02 based on the following findings, and subject to the following conditions: 6 Findings: 7 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 o 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 10 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 bring it into consistency with the proposed Zone Code Amendment (ZCA 08-01). 13 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 14 Commission of the City of Carlsbad, held on June 3, 2009, by the following vote, to wit: ., AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, and Chairperson Montgomery 17 NOES: 18 ABSENT: Commissioner Baker 20 ABSTAIN: 21 22 MARTELL B. MONTGOMERW^hairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 28 DON NEU Planning Director PC RESO NO. 6566 -2-