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HomeMy WebLinkAbout2009-07-01; Planning Commission; Resolution 65751 PLANNING COMMISSION RESOLUTION NO. 6575 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 CARLSBAD LOCAL COASTAL - PROGRAM (TITLE 21 - ZONING) TO: 1) REPEAL AND REPLACE THE NONCONFORMING BUILDINGS AND USES 6 - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND AMENDED ASSOCIATED 7 DEFINITIONS IN CHAPTER 21.04- DEFINITIONS, 3) AMEND CHAPTER 21.46 -YARDS TO DELETE SECTION 21.46.210 8 AND 4) AMEND CHAPTER 21.44 TO REVISE SECTION 9 21.44.010. CASE NAME: NONCONFORMING BUILDINGS AND 10 USES ORDINANCE REVISION CASE NO: LCPA 09-01 11 WHEREAS, California State law requires that the Local Coastal Program, 13 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 14 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application for an amendment to the Local Coastal Program implementing ordinance; and WHEREAS, said verified application constitutes a request for a Local Coastal 17 Program Amendment as shown on Exhibit "X" dated July 1, 2009, attached to Planning 18 Commission Resolution No. 6574 and incorporated herein by reference, as provided in 20 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 21 14, Division 5.5; and 22 WHEREAS, the Planning Commission did on June 17, 2009, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, the Planning Commission directed staff 25 to revise the nonconforming ordinance and continued the public hearing to July 1, 2009;26 27 and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 t- WHEREAS, State Coastal Guidelines requires a six-week public review period 6 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on May 8, 2009 and ending on June 19, 2009, staff shall present to the City Council a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NONCONFORMING BUILDINGS AND 14 USES ORDINANCE REVISIONS - LCPA 09-01 based on the following findings, and subject to the following conditions: ,, Findings: j 7 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 18 of the Carlsbad Local Coastal Program, in that no development or construction is proposed with this amendment and all future development projects located in the 19 coastal zone that are processed pursuant to these revised standards would be subject _„ to discretionary review and a Coastal Development permit to ensure consistency with Local Coastal Program Policies. 21 2. That the proposed amendment to the implementing ordinances of the Carlsbad Local 22 Coastal Program is required to bring it into consistency with the City's Zoning Ordinance. 23 " 24 25 26 27 28 PC RESO NO. 6575 -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 to the Planning Commission of the City of Carlsbad, held on July 1,2009, by the following vote, to wit: AYES:Commissioners Baker, Boddy, Douglas, L'Heureux, and Chairperson Montgomery NOES: ABSENT: Commissioner Dominguez ABSTAIN: MARTTBBL B. MONTGOMERY,, CARLSBAD PLANNING COM! ATTEST: rperson ION DON NEU Planning Director PC RESO NO. 6575 -3-