HomeMy WebLinkAbout2009-07-01; Planning Commission; Resolution 65751 PLANNING COMMISSION RESOLUTION NO. 6575
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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
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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
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Program Amendment as shown on Exhibit "X" dated July 1, 2009, attached to Planning
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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
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WHEREAS, at said public hearing, the Planning Commission directed staff
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to revise the nonconforming ordinance and continued the public hearing to July 1, 2009;26
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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
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relating to the Local Coastal Program Amendment; and
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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.
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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.
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PC RESO NO. 6575 -2-
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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-