HomeMy WebLinkAbout2011-01-19; Planning Commission; Resolution 67491 PLANNING COMMISSION RESOLUTION NO. 6749
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
4 AMENDMENT TO ADD CHAPTER 21.87 TO THE ZONING
ORDINANCE, PROVIDING PROCEDURES AND
5 REGULATIONS GOVERNING REQUESTS FOR
6 REASONABLE ACCOMMODATIONS FOR PEOPLE WITH
DISABILITIES.
7 CASE NAME: REASONABLE ACCOMMODATIONS
ORDINANCE
8 CASE NO: LCPA 10-05
9 WHEREAS, the Planning Director, has prepared a Local Coastal Program
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Amendment (LCPA 10-05) to Title 21 of the Municipal Code (Zoning Ordinance) relating to
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requests for reasonable accommodations for people with disabilities; and
13 WHEREAS, the Zoning Ordinance is one of the implementing ordinances for the
14 City of Carlsbad Local Coastal Program; and
15 WHEREAS, California State law requires conformance between the Local
Coastal Program and Zoning Ordinance; therefore, an amendment to the Local Coastal Program
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is required in conjunction with an amendment to the Zoning Ordinance (ZCA 10-03) to ensure
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consistency between the two documents; and
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2Q WHEREAS, the proposed amendment to the Zoning Ordinance is necessary to
21 ensure consistency with the federal Fair Housing Amendments Act of 1988 and California's Fair
22 Employment and Housing Act; and
73 WHEREAS, the proposed amendment is set forth in the draft City Council
24 Ordinance, Exhibit "X", dated January 19, 2011, attached to Planning Commission
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Resolution No. 6748 as provided in Public Resources Code Section 30514 and Section 13551 of
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California Code of Regulations Title 14, Division 5.5; and
28 WHEREAS, the Planning Commission did on January 19, 2011, 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, said Commission considered all factors
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relating to the Local Coastal Program Amendment; and
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<- 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 December
3, 2010 and ending on January 14, 2011, 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 REASONABLE ACCOMMODATION
14 ORDINANCE - LCPA 10-05, based on the following findings, and subject to
the following findings:
, /- Findings:
17 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 not being amended by this amendment, in that the
amendment ensures consistency with the Carlsbad Zoning Ordinance, and does not
conflict with any coastal zone regulations, land use designations or policies with
20 which development must comply. Furthermore, the proposed amendment does not
otherwise exempt development from the requirements of a Coastal Development
21 Permit or from demonstrating consistency with the city's certified Local Coastal
Program.
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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 10-06).
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PC RESO NO. 6749 -2-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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3 Commission of the City of Carlsbad, held on January 19,2011, by the following vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Baker, Dominguez,
5 Montgomery, Nygaard, and Schumacher
6 NOES:
7"
8 ABSENT:
9 ABSTAIN:
10"
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14 STEPHEN "ftAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION15
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17 ATTEST:
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20 DON NEU
21 Planning Director
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PC RESO NO. 6749 -3-