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HomeMy WebLinkAbout2022-06-15; Planning Commission; Resolution 7452PLANNING COMMISSION RESOLUTION NO. 7452 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE TITLE 21, THE ZONING ORDINANCE, TO COMPLETE VARIOUS MISCELLANEOUS CLEANUP AMENDMENTS. THE ACTION ALSO INCLUDES A LOCAL COASTAL PROGRAM AMENDMENT FOR THE UPDATES TO THE ZONING CODE. CASE NAME: CASE NO.: 2022 ZONING ORDINANCE CLEANUP ZCA2022-0002/LCPA 2022-0014 EXHIBIT 1 WHEREAS, the City Planner, has prepared a proposed amendment to the Zoning Ordinance and Local Coastal Program pursuant to Chapter 21.52 of the Carlsbad Municipal Code to ensure consistency with state law; and WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, 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 is required to review and make recommendations to the City Council for amendments to Title 21 of the Carlsbad Municipal Code, and WHEREAS, the Planning Commission's authority pertains to Title 21 of the Carlsbad Municipal Code, and amendments proposed for other titles of the Carlsbad Municipal Code are included in the ordinance, however Planning Commission's recommendation only pertains to Title 21, and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, on June 7, 2022, pursuant to Carlsbad Municipal Code Section 19.04.060, the City Planner determined that Amendments 1-9 and 11-15 are is categorically exempt from environmental review under California Environmental Quality Act Guidelines Section 15061(b)(3), which states that information collection activities are exempt from the provisions of the act. Any appeals of this determination received will be processed in accordance with Carlsbad Municipal Code Section 21.54.140. WHEREAS, as part of its approval of the Comprehensive General Plan Update on Sept. 22, 2015, the City Council adopted Resolution 2015-242, certifying Environmental Impact Report (EIR) 13-02 and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and WHEREAS, on August 6, 2021 the City Council approved the city's Housing Element by Resolution 2021-073, which included an addendum consistent with Section 15164 of the CEQA Guidelines to study impacts of the proposed Goals, Policies, Programs and Objectives of the Housing Element; and WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified, the Lead Agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review; and WHEREAS, the City Planner has determined that Amendment 10 when compared to the project description and analysis conducted in EIR 13-02 and the Addendum approved by Resolution 2021-073, complies with the provisions of sections 15168 and 15162 of the California Environmental Quality Act Guidelines and no further environmental review is required. WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program Amendment are set forth in the draft City Council Ordinance, Attachment A dated, June 15, 2022, and attached hereto 2022 ZONING ORDINANCE CLEANUP -ZCA2022-0002/LCPA2022-0014; 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 June 15, 2022, hold a duly noticed public hearing as prescribed by law to consider said request for a proposed Zoning Ordinance Amendment and Local Coastal Program Amendment; and PC RESO NO. 7452 -2- 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 Zoning Ordinance Amendment and Local Coastal Program Amendment. as follows: A) B) C) Findings NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad That the foregoing recitations are true and correct. At the end of the state-mandated six-week review period for the Local Coastal Program Amendment, starting on May 20, 2022 and ending on July 1, 2022, staff shall present to the City Council a summary of the comments received. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of amendments to Title 21 of the Carlsbad Municipal Code as shown in City Council Ordinance, Attachment A dated, June 15, 2022, and attached hereto 2022 ZONING ORDINANCE CLEANUP -ZCA2022-0002/LCPA2022-0014, based on the following findings: 1. ZCA 2022-0002 reflects sound principles of good planning in that it amends the Carlsbad Municipal Code to ensure consistency with state law, and that the proposed amendments do not conflict with the General Plan and improved clarify and consistency for zoning regulations will further the goals and objectives of the General Plan; and, 2. ZCA 2020-0001 is consistent with the General Plan in that the proposed amendments implement the General Plan Housing Element Program 1.3(g), which commits the city to updating development regulations related to employee housing and residential care facilities; and, 3. LCPA2022-0014 is required to ensure consistency with the Zoning Ordinance; and, 4. LCPA 2022-0014 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 Zoning Ordinance and does not conflict with any Coastal Zone regulations, land use designations or policies, with which development must comply. PC RESO NO. 7452 -3- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on June 15, 2022, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico and Stine NOES: ABSENT: ABSTAIN: JOSEPH STINE, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7452 -4-