HomeMy WebLinkAbout1977-10-04; City Council; Resolution 5226c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 5226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CATEGORICAL EXCLUSION OF PORTIONS OF THE CITY OF CARLSBAD FROM THE PERMIT RE-
QUIREMENTS OF THE CALIFORNIA COASTAL ACT
AS ADOPTED BY THE CALIFORNIA COASTAL COM- MISSION.
i WHEREAS, on June 14, 1977, by a unanimous vote, tile Ca orn:
Coastal Commission adopted a Categorical Exclusion, pursuant to
California Public Resources Code Section 20620(D) for portions
of the City of Carlsbad to wit:
Within those areas zoned R-1 and R-2 of the City of Carlsbad
and shown on the attached map marked Exhibit "A"
and subject to conditions of such adoption as indicated on the
attached Categorical Exclusion Ordinance E-77-4, marked Exhibit
"B"; and
WHEREAS, the Coastal Commission has requested the City of
Carlsbad to acknowledge and accept the terms and conditions of
this Exclusion;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the City Council, on behalf of the City of Carlsbad
hereby acknowledges, accepts and agrees to the terms
and conditions of Categorical Exemption Order E-77-4
for the area as shown in a map marked Exhibit "A" and
as set forth in said Exemption Order marked Exhibit "B",
both of which are attached hereto and by this reference
incorporated herein as it fully set forth.
2. That the City Manager, through his designated represen-
tative, be and hereby is directed to comply with said
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a a
provision of Exemption Order E-77-4 commencing
October 1, 1977.
PASSED AND APPROVED by the City Council of the City of
Carlsbad, California this 4th day of October , 1977
by the following vote:
AYES : Counci 1 men Frazee, Lewis, Packard, Skotni cki and
NOES : None Councilwoman Casler
ABSENT: None
ABSTAIN : RP&cdA&& OBERT C. FUZEE, MAY
ATTEST:
(SEAL j
.2
-. ..
EXHIBIT A
. . . . . . . . € xdusion Areas
. I #- Lx- n
(c=AHfsBQ
The Codssion by a tsJo-tlzirds vote of its appokted members hereby adopts, by ation, a-i order, pursuat to Public Resources Code Sections 'j&lO(d) and
;%.*(b), categorica'ly exfludixtg from tb permit requiremerks of the Ca7omi.a
Coastal. Acf; of 1976 the category of development withjn the spec5.ficaU.y defined
geographic &ea described below:
.
I. Category of ,DeveXo"z uld GeognmEc Area
.!i'h2s order categorica3ly exdludes the coastrtrctidn of new sin&+fa&,y
residences, as condLt5oned, in designated R-l, and R-2, zones irths coast& zone
in the City of Carlsbad, San.T;iego.County as shorn on the notasized exd" maps on file with the Comrrission, San Diego Coast, Regional. Commission, and tzLi? City of
Carlsbad,
I~D Fkdk2gg
!Re Comtission hereby finds, for the reasons set forth in the &%ached
reports, that this exclusion, as conditioned, presezts no gotentid for any si&- ficmt admse effect, either indiuidu&l.y or cumulatiuely, on coast&. resources or on PXI~UG, access to, or along the coast, and that this e'clusion t.jill not impair the
ability of IOC~L gam"& to prepare a loca coast& pmgm.
is a project WE& the Secretary of Resources has de%ermked is cabgorcicdly excqt
from the pra6sions of ths CdLifom.La Esvjronnsntal Cp,aLi.ty Act of I970:as h&g no
simicknt effect on the emriromcent, (See, 3-4 Cdb, Adme Code LaCQ e% seq.) In "
.Zddition the Cods~&on finds that, for ths S~E! reasons this exclusion rdillI, have na'
potential for any sigr&€icax& adverse effect, eithsr 5.~.div%duaUy or Curmplati~ely, on
coast& resourcesg this exclusion-wjll have rro significan5 effect 03 the envirann;ent for purposes of the California Erxiroment&L Qual5.k~ Act of 1970.
The GO'Wssion also finds that the category of devzlopment exdud& bi- this order
111. Conditions
In order, (I) to asme khat adoption or" the e=cc.I&xLcin t&U caw6 no s3.gt&E-
. cant ehange in density, he&&, or nature of uses 5-n the excluded area ad (2) to hplement the exclndon, this osder is subject to the foXLowing cond5.tb.ns::
1. Lat Limitations
This sxblusion shall only' apply to constmction on. single or. combined adjacen
fats of record e=dsting on the da%e this order is adopted by the CoLmission, This exc'lusior, shall not apply to single-family residential. dmeloprrient for whtch a 10%
spl2t, parcel map, or subdivisLon map is also required.
this exclusion she redt in only one single-€&dy residence an the parcel or com- bined parcels being dWcilOped,
Construction pursuant to
0
2, Applicable Zoning
Construction pursuant to this exclusion shall c&kom to -the zoning in effect
.. on the dake this order is adopted by the Corrmission, as represented by CLty of
- Carlsbad o=dinmce 9060 (Chapter ZL) a copy of which 5s attached to the afficial map
of this ex&usion,
-c 4.9
+ €fo:?ever, no constmcti ased on vari,arrces, other th setback, is a&;hofized
.I under this exclusion,
3. lmlerzentation
The City of Carlsbad shzill, at appropriate stage in the loc& appavd. .
process for dev&opment subject to this exclusion, distrib&,e to th2 a;?pLLcan-k for
such Lucdt apprmal an jnstmctio,? sheet ad form provided by ths I3xec-sib-e Director
of the Commission. After obtaining final. loca govemmentd. ~~ppmvd. buk prLor to
camencbg c&struction under this exclusion, such appicat shall send ths completed
form to the San Bego Coast R@ondl Co~ssioll. The completed form shall rlnclud:: a certification by the applicant that the approGed dwelopaerk collfoms TJi;th the .term:
and conditions of this order. .
com&e%eed form.
corking days have elapsed foILow5ng receipt of the corqXe%ed form by the San Zega
Coast Reaonal Gor;Jlrission,
City of Carlsbad nay, at its ogtion, also make that cerkificatLon on &e
No ccnstructioa pursumt to this exclusLoa nay comenc:! m-tj.2. 5 .
ITT, Rescission and Revocation
Pursuant to I4 Cd. Ah. Code 132l+3(e), the Com&ssion hereby declares that
the order granti.zg this exclusion M~Y be rescinded at any time, in whole or in parko
if the CormLssion findls by a majority vote of its appointed membershi? after public
hezrilrg that the terms md cunetions of the exclusion order no loizger support the .
findbgs specified in Nlic Resources Code Section 306lO(d). Further, ths Connrission
declares tk& tkis order my be revc'xed at any time that the terns and CcIndLtLons of
t%te order are violated, --
-
- ..
I
-.
, .. .
.- . - _-- - -- .
'C
-L "
. -. - - . .. I -_.
. - -. ..
?
w.. - .. .
. . . . . . . . . .. -.