HomeMy WebLinkAboutLCPA 98-05A; Carlsbad Ranch Overlay Zone; Local Coastal Program Amendment (LCPA) (2)STATE OF CAUFORNlA - THE RESOURCES AGENCY GRAY DAVIS, Govvnor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036 Fr 5a
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR
SUBJECT: EXECUTIVE DIRECTOR’S DETERMINATION that the City of
Carlsbad’s actions, certifying Local Coastal Program Amendment No.
2-99A approved with suggested modifications, is legally adequate (for
Commission review at its meeting of September 14-17, 1999)
BACKGROUND
At its August 12,1999 meeting, the California Coastal Commission certified, with suggested
modifications, the City of Carlsbad’s Local Coastal Program Amendment No. 2-99A. The
amendment amends the City’s certified Local Coastal Program by the establishment of the
CommerciaWisitor-Serving Overlay Zone
By their action adopting the suggested modification on September 14, 1999 the City Council
acknowledges and accepts all the Commission’s suggested modifications. As provided for in
Section 13544 of the California Code of Regulations, the Executive Director must determine
if the action of the City of Carlsbad is legally sufficient to finalize Commission review of the
LCP amendment. The City’s actions have been reviewed and determined to be adequate by
the Executive Director. Section 13544 of the California Code of Regulations then requires
that this determination be reported to the Commission for its concurrence. The attached letter
will be sent after City Council action and Commission endorsement.
RECOMMENDATION
Staff recommends that the Commission CONCUR with the Executive Director’s
determination as set forth in the attached letter.
GRAY DAVIS, Golnrmor STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725 4. (619) 521-8036
egg $14 August269 1999
rfii.UIIWk OmWyII DJrr lrJ19
Honorable Claude Lewis, Mayor
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Re: Certification of the City of Carlsbad LCP Amendment #2-99A
Dear Mayor Lewis:
The California Coastal Commission has reviewed the City’s Ordinance No. XX together
with the Commission’s action on August 12, 1999, certifying, with suggested
modifications, Amendment No. 2-99A to the City’s Local Coastal Program (LCP). The
amendment amends the City’s certified LCP by the establishment of the
CommerciaVVisitor-Serving Overlay Zone.
In accordance with Section 13544 of the California Code of Regulations, I have made the
determination that the City’s actions are legally adequate and the Commission has
concurred at its meeting of September 14-17,1999. By its actions on September 14,
1999 the City has formally acknowledged and accepted the Commission’s certification of
this amendment, including the suggested modification which clarifies that
commercialhisitor-serving uses are permitted uses in the overlay zone if they meet the
requirements of the proposed ordinance.
In conclusion, I would like to extend our appreciation to you and all other elected or
appointed officials, staff and concerned citizens for working in a cooperative fashion on
this matter. We remain available to assist you and your staff in any way possible as you
continue to implement thecity’s Local Coastal Program.
Sincerely,
Peter Douglas
Executive Director
(GEm Dicgo\silWls~rtltr.2-99a.doc)
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ORDINANCE NO. NS-505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE INCORPORATION
OF COASTAL COMMISSION SUGGESTED MODIFICATIONS
FOR THE COMMERCIALA’ISITOR-SERVING OVERLAY
ZONE.
CASE NAME: COMMERCIALMSITOR-SERVING
OVERLAY ZONE
CASE NO.: ZCA 98-01 (AYLCPA 98-05(A)
WHEREAS, the City Council passed the CommerciaWisitor-Serving Overlay
Zone on May 18,1999; and
WHEREAS, the City made subsequent application to the Coastal Commission to
make corresponding amendments to the City’s Local Coastal Program to establish the Overlay
Zone within affected coastal properties; and
WHEREAS, the California Coastal Commission, on August 12,1999, did approve
the Overlay Zone with “suggested modifications”; and
WHEREAS, the City Council acceptance of, and commitment to administer, the
“suggested modifications” is necessary in order to effectuate the Overlay Zone.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
Section 1: That Title 21 is amended by the amendment of Chapter 21.208.040 to
read as follows:
21.208.040 Permitted Uses.
CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they meet the
requirements of this Chapter. The only permitted uses in the overlay zone are the residential,
industrial and office uses authorized as permitted uses by the zoning of the underlying zone,
which are not subject to the provisions of this Chapter. Those uses shall be developed subject to
the development standards and entitlement processes required by their underlying zoning. In
addition, a roadside stand for the display and sale of products produced on the same premises is
an allowed use provided that the floor area shall not exceed two hundred square feet and is
located a minimum of 20 feet fiom any street, highway or city right of way”
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the City Clerk shall certifL to the adoption of this ordinance and cause it to be published at least
once in a publication of general circulation in the City of Carlsbad within fifteen days after its
adoption. (Not withstanding the preceding, this ordinance shall not be eflective within the City’s
Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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EXHIBIT 3
STRIKOUT/BOLD VERSION OF ORDINANCE CHANGE
2 1.208.040 Permitted Uses.
4% ComrnerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they meet the
requirements of this Chapter. The only permitted uses in the overlay zone are the residential,
industrial and office uses authorized as permitted uses by the zoning of the underlying zone,
which are not subject to the provisions of this Chapter. Those uses shall be developed subject to
the development standards and entitlement processes required by their underlying zoning. In
addition, a roadside stand for the display and sale of products produced on the same premises is
an allowed use provided that the floor area shall not exceed two hundred square feet and is
!located a minimum of 20 feet from any street, lughway or city right of way”
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