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Home My WebLink About2020-04-15; Planning Commission; Resolution 7365PLANNING COMMISSION RESOLUTION NO. 7365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE APPROVAL AUTHORTY FROM CITY COUNCIL TO PLANNING COMMISSION FOR SITE DEVELOPMENT PLANS, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND VARIANCES IN THE VILLAGE DISTRICTS (VC, VG, HOSP, FC, AND PT) OF THE MASTER PLAN. CASE NAME: VILLAGE AND BARRIO MASTER PLAN AMENDMENTS CASE NO: AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) WHEREAS, the City Planner, has prepared an amendment to the Village and Barrio Master Plan, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, to change the approval authority from City Council to Planning Commission for site development plans, conditional use permits, coastal development permits, and variances in the Village districts (VC, VG, HOSP, FC, AND PT) of the Village and Barrio Master Plan; and WHEREAS, the Village and Barrio Master Plan is the Local Coastal Program for the Village- Barrio segment of the Carlsbad Local Coastal Program, therefore, the proposed amendment constitutes an amendment to the Local Coastal Program, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the proposed Village and Barrio Master Plan Amendment and Local Coastal Program Amendment are set forth in the draft City Council Ordinance, Exhibit "1" dated, April 15, 2020, and attached hereto VILLAGE AND BARRIO MASTER PLAN AMENDMENTS-AMEND 2020-0001/ AMEND 2020-0002 (DEV 08014); and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the Planning Commission did on April 15, 2020, hold a duly noticed public hearing as prescribed by law to consider said request for the proposed Village and Barrio Master Plan Amendment and Local Coastal Program Amendment; 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 Village and Barrio Master Plan Amendment and Local Coastal Program Amendment. 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 for the Local Coastal Program Amendment, starting on March 6, 2020 and ending on April 17, 2020 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 VILLAGE AND BARRIO MASTER PLAN AMENDMENTS - AMEND 2020-0001/ AMEND 2020-0002 (DEV 08014), based on the following findings: Findings: 1. That the proposed amendments to the Village and Barrio Master Plan {AMEND 2020-001) and Local Coastal Program {AMEND 2020-002) reflect sound planning principles in that the amendments ensure that development permits throughout all districts of the master plan are subject to the same level of review and approval authority. 2. That the proposed Village and Barrio Master Plan Amendment (AMEND 2020-001) is consistent with the General Plan in that the proposed change to approval authority does not conflict with any policy of the General Plan. 3. 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 Village-Barrio segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the change to authority for approval of development permits in the Village districts of the Village and Barrio Master Plan does not conflict with provision of the Local Coastal Program. PC RESO NO . 7365 -2- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on April 15, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7365 -3- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE APPROVAL AUTHORTY FROM CITY COUNCIL TO PLANNING COMMISSION FOR SITE DEVELOPMENT PLANS, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND VARIANCES IN THE VILLAGE DISTRICTS (VC, VG, HOSP, FC, AND PT) OF THE MASTER PLAN . CASE NAME: VILLAGE AND BARRIO MASTER PLAN AMENDMENTS CASE NO.: AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) EXHIBIT 1 WHEREAS, the city planner has prepared a Village and Barrio Master Plan Amendment (AMEND 2020-0001) and Local Coastal Program Amendment (AMEND 2020-0002), pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Pub lic Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Village and Barrio Master Plan is the Local Coastal Program for the Village-Barrio segment of the Carlsbad Local Coastal Program, and therefore, an amendment to the master plan also constitutes an amendment to the Local Coastal Program; and WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review period for the Local Coastal Program Amendment began on March 6, 2020, and ended on April 17, 2020;and WHEREAS, on April 15, 2020, the Planning Commission held a duly noticed Public Hearing as prescribed by law to consider the Village and Barrio Master Plan Amendments (AMEND 2020- 0001/AMEND 2020-0002); and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7365 recommending to the City Council that the Village and Barrio Master Plan Amendments (AMEND 2020- 0001/AMEND 2020-0002) be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed Public Hearing as prescribed by law to consider the Village and Barrio Master Plan Amendments (AMEND 2020- 0001/AMEND 2020-0002); and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to the Village and Barrio Master Plan Amendments (AMEND 2020- 0001/AMEND 2020-0002); and NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. The findings of the Planning Commission in Planning Commission Resolution No. 7365 shall also constitute the findings of the City Council. 3. The Village and Barrio Master Plan Chapter 6, Section 6.3.4 is amended to read as follows: 6.3.4 Authority for Approval A. In all districts, the City Planner shall: 1. Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2. Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The city planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner's decisions are final unless appealed to the Planning Commission. B. In all districts, the Planning Commission shall: 1. Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances, unless determined exempt as provided in Section 6.3.2 or subject to city planner authority as provided in Section 6.3.4.A. 2. Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final, unless appealed to the City Council. C. In all districts, the City Council shall: 1. Act upon appeals from decisions made by the Planning Commission. 2. Be the final decision-making authority on decisions made per paragraph C.1 above, as well as legislative actions, such as amendments to this Master Plan. EFFECTIVE DATE OF THIS ORDINANC~ APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of AMEND 2020-0002, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ___ day of ___ _, 2020, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2020, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL)