HomeMy WebLinkAbout2017-09-12; City Council; Resolution 2017-182RESOLUTION NO. 2017-182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE VILLAGE MASTER PLAN
AND DESIGN MANUAL AND THE LOCAL COASTAL PROGRAM TO CLARIFY
THAT USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO
PROHIBITED BY THE VILLAGE MASTER PLAN AND DESIGN MANUAL.
CASE NAME:
CASE NO.:
PROHIBITED USES CLARIFICATION AMENDMENT
AMEND 2017-0006/LCPA 2017-0003 (PUB17Y-0015)
WHEREAS, the Carlsbad Village Master Plan and Design Manual constitutes the Carlsbad Local
Coastal Program for the Village segment of the Coastal Zone, and therefore, an amendment to the
Village Master Plan and Design Manual also constitutes an amendment to the Local Coastal Program;
and
WHEREAS, the City Planner has prepared a Village Master Plan and Design Manual Amendment
AMEND 2017-0006 pursuant to Section 21.35.150 of the Carlsbad Municipal Code and Local Coastal
Program Amendment LCPA 2017-0003 pursuant to Section 30514 of the Public Resources Code, and
Section 13551 of California Code of Regulations Title 14, Division 5, to clarify that uses prohibited
elsewhere in the municipal code are also prohibited in the Village Master Plan and Design Manual; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on June 30, 2017 and ended on August 11,
2017;and
WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider AMEND 2017-0006/LCPA 2017-0003; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7252
recommending to the City Council that AMEND 2017-0006/LCPA 2017-0003 be approved; and
WHEREAS, on September 12, 2017, the City Council of the City of Carlsbad held a duly noticed
public hearing as prescribed by law to consider AMEND 2017-0006/LCPA 2017-0003; 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 AMEND 2017-0006/LCPA 2017-0003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That Village Master Plan and Design Manual Amendment AMEND 2017-0006/Local
Coastal Program Amendment LCPA 2017-0003, is approved as shown in Exhibit B of
Planning Commission Resolution No. 7252, and that the findings of the Planning
Commission contained in Planning Commission Resolution No. 7252 on file with the City
Clerk and incorporated herein by reference, are the findings of the City Council.
EFFECTIVE DATE: Outside the Coastal Zone, this amendment shall become effective thirty days
after its approval. Within the Coastal Zone, this amendment shall not become effective until LCPA
2017-0003 is approved by the California Coastal Commission.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
M. Hall.
KEITH BLACKBURN, Mayor Pro Tern
~AQ~~~
BARBA. ENGLESON, City Clerk U': ·
(SEAL)
ORDINANCE NO. CS-325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONING CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO CLARIFY THAT USES PROHIBITED
ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED IN TITLE 21 -
ZONING.
CASE NAME: PROHIBITED USES CLARIFICATION AMENDMENT
CASE NO.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)
WHEREAS, the Carlsbad Zoning Code is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Code also constitutes an amendment to
the Local Coastal Program; and
WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2017-0002 and Local
Coastal Program Amendment LCPA 2017-0003 pursuant to Section 21.52.020 ofthe Carlsbad Municipal
Code, Section 30514 ofthe Public Resources Code, and Section 13551 of California Code of Regulations
Title 14, Division 5, to clarify that uses prohibited elsewhere in the municipal code are also prohibited
in Title 21; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on June 30, 2017 and ended on August 11,
2017;and
WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2017-0002/LCPA 2017-0003; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7252
recommending to the City Council that ZCA 2017-0002/LCPA 2017-0003 be approved; and
WHEREAS, on September 12, 2017, the City Council of the City of Carlsbad held a duly noticed
public hearing as prescribed by law to consider the ZCA 2017-0002/LCPA 2017-0003; 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 ZCA 2017-0002/LCPA 2017-0003; and
WHEREAS, the findings of the Planning Commission in Resolution No. 7252 constitute the
findings of the City Council in this matter.
NOW, THEREFORE, the City Council ofthe City of Carlsbad, California, ordains as follows that:
1. That the above recitations are true and correct.
2. That section 21.05.080 of the Carlsbad Municipal Code is amended as follows:
21.05.080 Limitation of land use.
Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor
shall any building or land be used for any purpose except as hereinafter specifically provided and
allowed in the same zone in which such building and land is located. Actions prohibited elsewhere in
this code are also prohibited as land uses under this title.
EFFECTIVE DATE: Outside the Coastal Zone, this ordinance shall become 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.
Within the Coastal Zone, this ordinance shall not become effective until LCPA 2017-0003 is approved
by the California Coastal Commission.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of 2017, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the day of , 2017, by the following vote, to wit:
AVES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Page 266
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PLANNING COMMISSION RESOLUTION NO. 7252
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS
TO THE ZONING CODE, LOCAL COASTAL PROGRAM AND VILLAGE MASTER
PLAN AND DESIGN MANUAL TO CLARIFY THAT USES PROHIBITED
ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED BY THE
ZONING CODE AND VILLAGE MASTER PLAN AND DESIGN MANUAL.
CASE NAME: PROHIBITED USES CLARIFICATION AMENDMENT
EXHIBIT 3
CASE NO: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB17Y-0015)
WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and Local
Coastal Program Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code, and a Village
Master Plan and Design Manual Amendment to clarify that uses prohibited elsewhere in the municipal
code are also prohibited in the Zoning Code and Village Master Plan and Design Manual; and
WHEREAS, the Village Master Plan and Design Manual and the ordinances that implement
it serve as the Local Coastal Plan for the Village segment of the Carlsbad Local Coastal Program and also
regulate land use for properties outside the Coastal Zone that are within the boundaries of the Village
area; 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, to ensure consistency with the Zoning Code and Village Master Plan and Design Manual;
and
WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance and
draft Village Master Plan and Design Manual Amendment, Exhibits A and B dated, July 19, 2017, and
attached hereto ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 -PROHIBITED USES
CLARIFICATION AMENDMENT; and
WHEREAS, the Planning Commission did on the 19th day of July, 2017, hold a duly noticed
public hearing as prescribed by law to consider said request; 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
Page 267
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the Zoning Code Amendment, Local Coastal Program Amendment and Village Master Plan and Design
Manual Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 -
PROHIBITED USES CLARIFICATION AMENDMENT, based on the following findings:
Findings:
1.
2.
3.
4.
5.
6.
That the proposed Zone Code Amendment ZCA 2017-0002 is consistent with the General Plan in
that that the proposed amendment does not conflict with the goals and policies of the General
Plan.
That the proposed ZCA reflects sound principles of good planning in that it is desirable for
Carlsbad's land use regulations to maintain internal consistency with the rest of the Carlsbad
Municipal Code.
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
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments
ensure consistency with the Carlsbad Zoning Ordinance and do not conflict with any coastal
zone regulations, land use designations or policies, with which development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zoning Ordinance Amendment ZCA 2017-0002 and Village
Master Plan and Design Manual Amendment AMEND 2017-0006.
That the City Planner has determined that it can be seen with certainty that there is no possibility
that the project may have a significant effect on the environment in that the project is exempt
from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(8)(3) (General Rule)
and City of Carlsbad Municipal Code Section 19.04.070(A)(l)(c). Minor municipal code and
other similar amendments which refine or clarify existing land use standards are considered not
to have a significant effect on the environment.
Outside the Coastal Zone, ZCA 2017-0002 and AMEND 2017-0006 shall become effective thirty
days after approval by the City Council. Within the Coastal Zone, ZCA 2017-0002 and AMEND
2017-0006 shall not become effective until LCPA 2017-0003 is approved by the California Coastal
Commission.
PC RESO NO. 7252 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on July 19, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Black, Goyarts,
Montgomery
Commissioners Rodman and Siekmann
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~7t
DON NEU
City Planner
PC RESO NO. 7252 -3-
Page 269
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONING CODE AMENDMENT AND LOCAL
COASTAL PROGRAM AMENDMENT TO CLARIFY THAT USES PROHIBITED
ELSEWHERE IN THE MUNICIPAL CODE ARE ALSO PROHIBITED IN TITLE 21-
ZONING.
CASE NAME: PROHIBITED USES CLARIFICATION AMENDMENT
CASE NO.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)
EXHIBIT A
WHEREAS, the Carlsbad Zoning Code is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Code also constitutes an amendment to
the Local Coastal Program; and
WHEREAS, the City Planner has prepared a Zoning Code Amendment ZCA 2017-0002 and Local
Coastal Program Amendment LCPA 2017-0003 pursuant to Section 21.52.020 of the Carlsbad Municipal
Code, Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations
Title 14, Division 5, to clarify that uses prohibited elsewhere in the municipal code are also prohibited
in Title 21; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on June 30, 2017 and ended on August 11,
2017;and
WHEREAS, on July 19, 2017, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2017-0002/LCPA 2017-0003; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7252
recommending to the City Council that ZCA 2017-0002/LCPA 2017-0003 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 ZCA 2017-0002/LCPA 2017-0003; 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 ZCA 2017-0002/LCPA 2017-0003; and
WHEREAS, the findings of the Planning Commission in Resolution No. 7252 constitute the
findings of the City Council in this matter
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. That the above recitations are true and correct.
Page 270
2. That section 21.05.080 of the Carlsbad Municipal Code is amended as follows:
21.05.080 Limitation of land use.
Except as provided in this title, no building shall be erected, reconstructed or structurally altered, nor
shall any building or land be used for any purpose except as hereinafter specifically provided and
allowed in the same zone in which such building and land is located. Actions prohibited elsewhere in
this code are also prohibited as land uses under this title.
EFFECTIVE DATE: Outside the Coastal Zone, this ordinance shall become 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.
Within the Coastal Zone, this ordinance shall not become effective until LCPA 2017-0003 is approved
by the California Coastal Commission.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of 2017, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the day of , 2017, 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)
Page 271
EXHIBIT B
1. Page 42, under Allowable Land Uses, the General Notes are amended as follows:
General Notes
1. Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit
approved by the City Planner.
2. All existing uses which are noted as "not permitted" within a land use district noted on this land
use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within
this chapter. No expansion or intensification of nonconforming uses will be permitted.
3. No Adult Entertainment Uses permitted within any land use district within the Village.
4. For all Village properties which are also located within the Coastal Zone, the primary permitted land
uses for all ground floor space shall be those which are visitor-serving commercial. Visitor-serving
commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist
information facilities, souvenir, gift or novelty shops and/or services which will aid in the
comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are
not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be
approved, or conditionally approved, via the Village Review permit process.
5. Outside the Coastal Zone, all ground floor commercial space must be designed and constructed to
fully support legitimate and quality commercial uses.
6. Actions prohibited in the Carlsbad Municipal Code are also prohibited as land uses under the Village
Master Plan and Design Manual.
Page 272