HomeMy WebLinkAbout2025-07-15; City Council; CS-497; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD MUNICIPAL CODE TO AMEND SECTIONS 10.28.993 AND 10.2...Exhibit 1
ORDINANCE NO. CS-497.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.28 OF THE CARLSBAD
MUNICIPAL CODE TO AMEND SECTIONS 10.28.993 AND 10.28.994 AND ADD
SECTION 10.28.998 TO ESTABLISH ALL-WAY STOP CONTROL ON KELLY DRIVE
AT THE INTERSECTIONS AT PARK DRIVE AND HILLSIDE DRIVE
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code
Section 37100, the City Council may pass ordinances not in conflict with the Constitution and laws of
the State of California or the United States; and
WHEREAS, the City of Carlsbad, California is a charter city, duly organized under the California
Constitution, the Charter of the City of Carlsbad, and the laws of the State of California; and
WHEREAS, Vehicle Code Section 21100 allows local authorities to regulate traffic by means of
official traffic control devices; and
WHEREAS, the City Council desires to protect the public safety and welfare of persons and
property within the City of Carlsbad; and
WHEREAS, on June 17, 2025, the City Council adopted Resolution No. 2025-145 adopting the
plans and specifications to remove interim traffic circles comprised of yellow ceramic domes from the
intersections of Kelly Drive/Park Drive and Kelly Drive/Hillside Drive, slurry seal, restripe to the city’s
current standard operating procedure, and add all-way stops on Kelly Drive at the intersections of Park
Drive and Hillside Drive.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.That the above recitations are true and correct.
2.That the proposed action to establish all-way stop signs and associated roadway striping
is categorically exempt from environmental review under CEQA Guidelines Section
15301(c) because it involves the maintenance, repair or minor alteration of existing
facilities with negligible or no expansion of the existing or former use. This exemption
covers changes in traffic and parking regulations, including installation and replacement
of signs in connection therewith, where such changes do not establish a higher speed
limit along a significant portion of the street and will not result in more than a negligible
increase in use of the street. No exceptions to the categorical exemption as set forth in
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CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C)
apply.
3.That the proposed action is exempt from the requirements of a minor coastal
development permit and coastal development permit because the proposed action is
to establish all-way stop signs. Activities of public utilities as specified in the repair,
maintenance, and utility hookup exclusion adopted by the Coastal Commission,
including but not limited to miscellaneous traffic safety projects, are exempt in
accordance with Carlsbad Municipal Code Section 21.201.060.B.11. A permit issued by
the city for a development which is categorically excluded or exempt from the coastal
development permit requirements is exempt from the notice and hearing requirements
of Carlsbad Municipal Code Chapter 21.201.
4.That the proposed action to adopt an ordinance amending Title 10, Chapter 10.28 of
the Carlsbad Municipal Code to amend Sections 10.28.993 and 10.28.994 and add
Section 10.28.998 to establish all-way stop control on Kelly Drive at the intersections at
Park Drive and Hillside Drive is also exempt from environmental review under CEQA
Guidelines Sections 15061(b)(3) and 15378(b)(5) because it can be seen with certainty
that there is no possibility that the proposed action may have a significant effect on the
environment.
5.That Carlsbad Municipal Code, Title 10, Chapter 10.28, Section 10.28.993 is amended to
read as follows:
10.28.993 Hillside Drive.
Drivers shall stop where the following described streets intersect Hillside Drive:
Kelly Drive
Park Drive
6.That Carlsbad Municipal Code, Title 10, Chapter 10.28, Section 10.28.994 is amended to
read as follows:
10.28.994 Park Drive.
Drivers shall stop where the following described streets intersect Park Drive:
Hillside Drive
Kelly Drive
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7.That Carlsbad Municipal Code, Title 10, Chapter 10.28 is amended by adding Section
10.28.998 to read as follows:
10.28.998 Kelly Drive.
Drivers shall stop where the following described streets intersect Kelly Drive:
Hillside Drive
Park Drive
SEVERABILITY: If any portion of this ordinance or its application to particular persons or
circumstances is held to be invalid or unconstitutional by a final decision of a court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter to
persons or circumstances not similarly situated.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption. 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 generation
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 24th
day of June, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 15th day of July, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
__________________________________
KEITH BLACKBURN, Mayor
__________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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