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HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6897 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 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 BY ADDING DEFINITIONS AND STANDARDS FOR “TRANSITIONAL HOUSING” AND “SUPPORTIVE HOUSING,” PERMITTING OR CONDITIONALLY PERMITTING THE SAME IN RESIDENTIAL AND CERTAIN COMMERCIAL ZONES, REVISING THE DEFINITION AND STANDARDS FOR “RESIDENTIAL CARE FACILITIES,” AND PERMITTING RESIDENTIAL CARE FACILITIES IN RESIDENTIAL ZONES AND CERTAIN COMMERCIAL ZONES WHERE CURRENTLY NOT ALLOWED. CASE NAME: TRANSITIONAL & SUPPORTIVE HOUSING CASE NO: LCPA 11-08 WHEREAS, the City Planner has prepared a Local Coastal Program Amendment (LCPA 11-08) to Title 21 of the Municipal Code (Zoning Ordinance) relating to transitional and supportive housing; and WHEREAS, the Zoning Ordinance is one of the implementing ordinances for the City of Carlsbad Local Coastal Program; and WHEREAS, California State law requires conformance between the Local Coastal Program and Zoning Ordinance; therefore, an amendment to the Local Coastal Program is required in conjunction with an amendment to the Zoning Ordinance (ZCA 11-07) to ensure consistency between the two documents; and WHEREAS, the proposed amendment implements Government Code Section 65583(c), which requires cities to identify sites for and remove governmental constraints that may hamper transitional and supportive housing, and Housing Element Program 3.15, which identifies the need for Carlsbad to amend its Zoning Ordinance to permit such housing; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated July 3, 2012, attached to Planning Commission Resolution No. PLANNING COMMISSION RESOLUTION NO. 6897 PC RESO NO. 6897 -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 6896 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. 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 TRANSITIONAL & SUPPORTIVE HOUSING – LCPA 11-08, 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 amendment ensures consistency with the Carlsbad Zoning Ordinance, and does not conflict with any coastal zone regulations, land use designations or policies with which development must comply. Furthermore, the proposed amendment does not otherwise exempt development from the requirements of a Coastal Development Permit or from demonstrating consistency with the city’s certified Local Coastal Program. 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 11-07). 3. The Planning Commission has determined that: