HomeMy WebLinkAbout2009-07-01; Planning Commission; Resolution 65731 PLANNING COMMISSION RESOLUTION NO. 6573
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE
4 CODE AMENDMENT AND LOCAL COASTAL PROGRAM
5 AMENDMENT TO: 1) REPEAL AND REPLACE THE
NONCONFORMING BUILDINGS AND USES - CHAPTER
6 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND
AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04-
7 DEFINITIONS, 3) AMEND CHAPTER 21.46 -YARDS TO
DELETE SECTION 21.46.210 AND 4) AMEND CHAPTER
8 21.44 - PARKING TO REVISE SECTION 21.44.010.
9 CASE NAME: NONCONFORMING BUILDINGS AND
USES ORDINANCE REVISION
10 CASE NO.: ZCA 09-01/LCPA 09-01
11 WHEREAS, the City of Carlsbad "Applicant," has filed a verified application
12 with the City of Carlsbad regarding property described as Citywide ("the Property"); and
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WHEREAS, a Negative Declaration was prepared in conjunction with said
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project; and
16 WHEREAS, the Planning Commission did on June 17, 2009, hold a duly noticed
17 public hearing as prescribed by law to consider said request; and
1 8 WHEREAS, at said public hearing, the Planning Commission directed staff
19 to revise the nonconforming ordinance and continued the public hearing to July 1, 2009;
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and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
23 and arguments, examining the initial study, analyzing the information submitted by staff, and
24 considering any written comments received, the Planning Commission considered all factors
2<relating to the Negative Declaration.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
27 follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission hereby RECOMMENDS ADOPTION of the Negative Declaration,
Exhibit "ND," according to Exhibits "Notice of Intent (NOI)," and
3 "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto
and made a part hereof, based on the following findings:
c Findings:
6 1 • The Planning Commission of the City of Carlsbad does hereby find:
' a. it has reviewed, analyzed, and considered the Negative Declaration for
8 NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION -
ZCA 09-01/LCPA 09-01, the environmental impacts therein identified for this
9 project and any comments thereon prior to RECOMMENDING APPROVAL of
the project; and
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b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
12 Environmental Protection Procedures of the City of Carlsbad; and
13 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
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, - d. based on the EIA and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
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PC RESO NO. 6573 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 1, 2009, by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Douglas, L'Heureux, and
Chairperson Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELL B. MONTG
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6573 -3-