HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6895
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO AMEND THE ZONING ORDINANCE TO
DEFINE “EMERGENCY SHELTER,” PERMIT OR
CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO: LCPA 09-04
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, City of Carlsbad, “Applicant,” has filed a verified application for
an amendment to the Local Coastal Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X” dated July 3, 2012, attached to Planning
Commission Resolution No. 6894, as provided in Public Resources Code Section 30514 and
Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Planning Commission did on July 3, 2012, 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
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 6895
PC RESO NO. 6895 -2-
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B) At the end of the State-mandated six-week review period, starting on May 18,
2012, and ending on June 29, 2012, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of EMERGENCY SHELTER – LCPA 09-04
based on the following findings, and subject to the following conditions:
Findings:
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
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendments ensure consistency with the City of Carlsbad Zoning Ordinance, and
do not conflict with any coastal zone regulations, land use designations or policies,
with which development must comply.
2. That the proposed amendment to the City of Carlsbad Local Coastal Program is required
to bring it into consistency with the proposed Zone Code Amendment (ZCA 09-05).
3. The Planning Commission has determined that:
a. The project is a subsequent activity of the 2005-2010 Housing Element, for which a
Mitigated Negative Declaration (GPA 03-02, SCH #2006051076) was previously
adopted;
b. The project is consistent with the 2005-2010 Housing Element cited above;
c. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
d. None of the circumstances requiring a Subsequent EIR, Mitigated Negative
Declaration or Negative Declaration under CEQA Guidelines Sections 15162 exist.
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