HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6962
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO SIMPLIFY AND STREAMLINE THE DEVELOPMENT REVIEW PROCESS
FOR CONDITIONAL USE PERMITS IN THE
NONRESIDENTIAL ZONES BY REASSIGNING THE
APPROVAL AUTHORITY TO THE LOWEST APPROPRIATE DECISION-MAKER, TO AMEND THE TEXT OF THE ZONING ORDINANCE TO PROVIDE GREATER
FLEXIBILITY FOR A VARIETY OF CONDITIONAL USES IN
THE NONRESIDENTIAL ZONES AND TO AMEND THE
COMMERCIAL VISITOR-SERVING OVERLAY ZONE TO ADDRESS MINOR MISCELLANEOUS AMENDMENTS RELATING TO DECISION-MAKING AUTHORITY FOR
CONDITIONAL USES.
CASE NAME: CUP CODE AMENDMENTS
CASE NO: LCPA 09-02 WHEREAS, California State law requires that the Local Coastal Program Land
Use Plan, and Zoning Ordinance (LCP Implementation Plan) applicable to properties in the
Coastal Zone be in conformance; and
WHEREAS, the 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 “Y” dated May 1, 2013, attached to Planning
Commission Resolution No. 6960 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 May 1, 2013, 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
PLANNING COMMISSION RESOLUTION NO. 6962
PC RESO NO. 6962 -2-
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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 June 15,
2012 and ending on July 27, 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 CUP CODE AMENDMENTS – LCPA 09-
02 based on the following findings:
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 Carlsbad Zoning Ordinance and do not
conflict with any coastal zone regulations, land use designations or policies.
2. That the proposed amendment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 09-03).
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on May I, 2013, by the following vote, to wit:
AYES: Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
NOES:
ABSENT:
ABSTAIN:
'h K s~4MAA
KERRY SIEKMANN, Chairperson
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CARLSBAD PLANNING COMMISSION
ATTEST:
(l)ll
DONNEU
City Planner
PC RESO NO. 6962 -3-