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Home My WebLink About2010-12-01; Planning Commission; Resolution 67371 PLANNING COMMISSION RESOLUTION NO. 6737 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM (LCP) TO AMEND: 1) THE LCP ZONE MAP, 2) THE AGUA HEDIONDA SEGMENT LCP LAND USE PLAN, 3) THE MELLO II SEGMENT LCP LAND 6 USE PLAN, 4) TITLE 21 (ZONING) OF THE CARLSBAD MUNICIPAL CODE TO ADD AND ENACT CHAPTER 21.209 7 AND TO AMEND SECTION 21.05.010 AND CHAPTER 21.06, 5) THE CITY OF CARLSBAD ZONING MAP, AND 6) THE 8 CARLSBAD RANCH SPECIFIC PLAN SP 207(1) TO 9 IMPLEMENT PROP D FOR THE CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS. 10 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE 1 LANDS CASE NO: LCPA 09-05 13 WHEREAS, on September 23, 2008, the City Council adopted Resolution of 14 Intention (R.O.I.) No. 2008-269 directing staff to prepare and process the zoning and related land use document amendments necessary to reflect the recommendations 16 15 contained in the Final Report on the Comprehensive Planning and Community 17 Engagement Process to Implement Proposition D for the Cannon Road Agriculture and 18 Open Space Lands; and 20 WHEREAS, the Planning Director has prepared a Local Coastal Program 21 Amendment in accordance with the R.O.I, that consists of amendments to the Carlsbad 22 Local Coastal Program (LCP) to amend: 1) the LCP Zone Map, 2) the Agua Hedionda 23 Segment LCP Land Use Plan; 3) the Mello II Segment LCP Land Use Plan; 4) Title 21 24 (Zoning) of the Carlsbad Municipal Code to add and enact Chapter 21.209 and to amend 25 Section 21.05.010 and Chapter 21.06; 5) the City of Carlsbad Zoning Map; and 6) the26 27 Carlsbad Ranch Specific Plan SP 207(1). 28 WHEREAS, California State law requires that the Local Coastal Program, 2 General Plan, and Zoning designations for properties in the Coastal Zone be in 3 conformance; and 4 WHEREAS, the City of Carlsbad has filed a verified application for an 6 amendment to the Local Coastal Programs and zoning designations affecting properties 7 within the boundaries of the City's Coastal Zone; and ° WHEREAS, said verified application constitutes a request for a Local Coastal 9 Program Amendment as shown on Exhibit "LCPA 09-05" (LCP Zone Map Revision), Exhibit 10 "B- Agua Hedionda", and Exhibit "C - Mello II" dated December 1, 2010 and attached 11 hereto, and Exhibits "X- ZCA 09-02" (Zone Code Amendment); Exhibits "A" and "ZC 09- 13 06" (Zone Change), and Exhibit "X-SP 207(1)" attached to Planning Commission 14 Resolutions 6735, 6736, and 6738 respectively, and dated December 1, 2010 as provided in 15 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and 17 WHEREAS, the Planning Commission did on December 1, 2010, hold a duly 18 noticed public hearing as prescribed by law to consider said request; and 2Q WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 22 relating to the Local Coastal Program Amendment; and 23 WHEREAS, State Coastal Guidelines requires a six-week public review period 24 for any amendment to the Local Coastal Program. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 27 Commission of the City of Carlsbad, as follows: 28 A) That the foregoing recitations are true and correct. PC RESO NO. 6737 -2- B) At the end of the State-mandated six-week review period, starting on August 6, 2 2010 and ending on September 17, 2010, staff shall present to the City Council a summary of the comments received. 3 C) That based on the evidence presented at the public hearing, the Commission 4 RECOMMENDS APPROVAL of PROP D - CANNON ROAD 5 AGRICULTURAL AND OPEN SPACE LANDS - LCPA 09-05 based on the following findings, and subject to the following conditions: 6 Findings: 7 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, in that the proposed amendments do not conflict with Local Coastal Program policies; no development or construction is 10 proposed with this amendment; and all future development projects located in the coastal zone that are processed pursuant to these amended documents would be 11 subject to discretionary review and a Coastal Development Permit to ensure consistency with Local Coastal Program policies. . _ 2. That the proposed amendment to Carlsbad's Local Coastal Program is required to maintain consistency between the City's Zoning Ordinance and its Local Coastal 14 Programs. 15 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on December 1,2010, by the following vote, to wit: 17 AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, Nygaard and Schumacher 19 NOES: 20 ABSENT: 21 ABSTAIN: Chairperson Douglas 22 23 24 STEPHEN "HAP" L^fEUREUX, Vice Chairperson 25 CARLSBAD PLANNING COMMISSION 26 ATTEST: 27 2g DON NEU Planning Director PCRESONO. 6737 -3- Exhibit "LCPA 09-05" December 1, 2010 LCPA 09-05 (Zoning) Prop D - Cannon Road AGIOS Lands EXISTING PROPOSED Related Case File No(s): ZCA 09-02/ZC 09-06/ SP 207(1 )/SP 144(K) LCPA Zoning Designation Changes Property A. B. C. D. E. 211-010-05 211-010-28 211-010-31 211-023-11 211-023-13 From: OS OS OS OS OS To: CR-A/OS CR-A/OS CR-A/OS CR-A/OS CR-A/OS Exhibit "B-Agua Hedionda" December 1, 2010 5fl ADOPTED MAY, 1982 Kelly Ranch LCP Amendment July 11, 2000 Habitat Management Plan LCP Amendment August 8, 2003 NPDES Update August 14, 2006 Cannon Road Agricultural/Open Space Zone Amendment XXXXXX uncontrolled access into the buffer area. Private recreation and landscape improvements in the buffer area shall be made in consultation with the State Department of Fish and Game, Maintenance of the buffer area shall be the responsibility of the homeowners association. c) The area beyond the developable portion of the property and the buffer area shall be dedicated in fee or easement to an appropriate public agency. Access to this area shall be restricted to scientific, educational or other uses consistent with resource management in a manner acceptable to the State Department of Fish and Game. K5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall be designated RLM (0-4 units per acre). 1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover Street shall be designated RC, for recreational commercial use. 1.7 The area designated "Community Park" shall be zoned open space (OS). Cannon Road Agricultural/Open Spncc (CR-A/OS) Zone and Uuses in this area shall be regulated by &g' open space that zone, and All uses shall be sited so that there are no significant adverse impacts on remaining agricultural lands, wildlife habitats and environmentally sensitive areas. 1.8 The "Ecke" property shall be regulated as follows: a) The primary use of the site shall be aquaculture. Other coastal dependant and visitor-serving commercial uses shall be allowed, provided they occupy no more than 50% of the site. b) As secondary uses, in the interim period while aquaculture alternatives are being studied, other uses may be permitted which would necessitate minimal site disturbance or capital investment, including active recreation (fishing, tent camping, etc.), beach access parking, short-term recreational vehicle parking, and temporary accessory commercial facilities (bait-and-tackle shop, food concession, etc.); c) All uses shall be regulated by conditional use permit. All proposed uses shall be conditioned to provide all access improvements required by this plan, and shall provide peripheral landscaping which at maturity will screen all objectionable improvements (i.e., aquaculture facility, outside storage, parking areas, etc.) as viewed from Carlsbad Boulevard. 1.9 Building height shall be limited to a maximum of 35 feet. Building setbacks and lot coverage shall be regulated by the applicable zoning designation, except as specifically modified in this plan, 1.10 The 45 acre parcel owned by SDG&E located on the south shore immediately east of the freeway shall be designated TS, Travel Services. Conversion of the property to commercial development shall be subject to a future specific plan and the applicable policies relating to agricultural conversion. A future specific plan will be required by the City for development of the property. 16 Agricultural activities in the plan area are limited to south shore properties. This area is contiguous with other large agricultural lands to the south and east. Policies 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and the policies of this plan. Conversion of agricultural property to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program, 2.2 The south shore agricultural lands shall be designated "Open Space". This area shall be zoned "Exclusive Agriculture" in the implementation phase of the plan, and zoned "Cannon Road Agricultural/Open Space (CR-A/QS)". The continuation of agricultural use of these lands shall be supported for as long as it remains economically viable for the landowner. When the landowners determine that agriculture is no longer economically viable, other open space uses shall be permitted consistent with and subject to the provisions of Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open Space Zone, which is incorporated herein by reference. 2.3 Conversion of the 45-acre SDG&E south shore property shall be subject to the following conditions: a) Prior to development SDG&E shall record a permanent open space easement over the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall limit uses to agriculture, utility right of way and maintenance, roadways, and recreation trails that do not interfere with agricultural operations and other open space uses subject to the provisions of the Cannon Road Agricultural/Open Space Zone. Conversion of these remaining lands to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. b) SDG&E shall provide a written report demonstrating to the satisfaction of the City, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for the property. c) Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational use if the City finds that current or future recreational needs require the development of such uses in the south shore portion of the Land Use Plan area. d) In the event that the Carlsbad Local Coastal Plan is amended to allow for a City- sponsored agricultural program, SDG&E may apply for inclusion in the amended program. Development of the parcel with non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. 18 SHORELINE ACCESS Coastal Act Policies 302JO. In carrying out the requirement of Section 2 of Article XV < of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse, 30211. Development shall not interfere with the public's right of access to the sea where acquired through use, or legislative authorization, including, but not limited to, the use of dry sand and rock coastal beaches to the first line of terrestrial vegetation. 30212. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated access ways shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the access way. Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Section 66478.1 to 66478.14, inclusive, of the Government Code and by Section 2 of Article XV of the California Constitution. 30212.5 Wherever appropriate and feasible, public facilities including parking areas or facilities shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. Discussion Public access to, and along the coast, is a basic requirement of the Coastal Act. Access is generally referred to as lateral (along the shoreline or blufftops) and vertical (access from a public road or easement to the shoreline). Access ways may consist of bike trails, hiking trails, viewpoints, stairs, parking areas, public transit and relevant support facilities. The public's rights of access to the water areas can partially be provided for by existing utility easements and leasehold interests (i.e., sewer, water) held by the City. The Land Use Plan calls for additional vertical and lateral access ways to be acquired either through agreements with the property owners or as conditions of approval for development. There are factors which limit the desirability of unrestricted access to the lagoon. Along the south shore, the slope conditions are such that attempts and the location of natural habitat areas severely limit the ability to provide usable access to the water's edge, could only be accomplished-through extensive grading with its potentially detrimental impacts, and would also be dioruptive to the agricultural activities along this bluff- It is therefore proposed that public access to the south shore will bo limited-to viewing areas and pocket beaches that do not interfere with agricultural production or impact environmentallv sensitive areas shall only 50 be considered at locations that minimize grading and avoid and/or minimize impacts to environmentally sensitive areas. The wildlife preserve proposed for the easterly portion of the lagoon and the adjacent mudflats should also be protected from uncontrolled access, except as needed for management/maintenance activities. The public beach area at the mouth of the lagoon currently provides parking and limited support facilities. Informal pedestrian access is provided at the south end of the beach area, through SDG&E property. Dirt walking trails exist along much of the north shore area. The most heavily used appears to be the shoreline area between the YMCA on the middle lagoon, and the beach/fishing areas on the outer lagoon. Primary bicycle routes currently developed include designated routes along El Camino Real and Carlsbad Boulevard. The coastal route along Carlsbad Boulevard is part of a regional bikeway providing continuous bicycle access from Oceanside, south to Del Mar. Policies 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. 7.2 Pedestrian access ways shall be located as shown on Exhibit J. 7.3 All pedestrian trails shall be constructed to a minimum width of 5 feet. Combination bicycle/pedestrian trail shall be a minimum 10 feet wide. 7.4 Vertical pedestrian access easements shall be a minimum 10 feet in width. Combina- tion bicycle/pedestrian easements and lateral easements shall be a minimum 25 feet in width. 7.5 Bike route and pedestrian improvements shall be financed according to the following criteria: (1) Routes through established neighborhoods such as Carlsbad Boulevard and Tamarack Avenue shall be financed with City, State or Federal funds. 51 Exhibit "C-Mello I!" December 1, 2010 CITY OF CARLSBAD LOCAL COASTAL PROGRAM 1996 Amended 2000, 2002,2003a afld-2006, and 2009 CITY OF CARLSBAD LOCAL COASTAL PROGRAM Recommended for Approval by Planning Commission, June 5, 1996 Resolutions No. 3922 and 3924 Approved by City Council, July 16, 1996 Ordinances No. NS 364 and NS 365 Effective Certification by Coastal Commission, October 9, 1996 +** Kelly Ranch LCP Amendment (Mello II) Recommended for Approval by Planning Commission, April 7, 1999 Resolution No. 4494 Approved by City Council, May 18, 1999 Ordinance No. NS-483 Approved by Coastal Commission, July 11,2000 Smith Walsh LCP Amendment (Mello 1) Recommended for Approval by Planning Commission, September 18, 2002 Resolution No. 5274 Approved by City Council, January 14, 2003 Ordinance No. NS-654 Approved by Coastal Commission, June 11,2003 ***Habitat Management Plan (Mello 1, Mello II, Agua Hedionda) Recommended for Approval by Planning Commission, January 22,2003 Resolution No. 5361 Approved by City Council, June 17, 2003 Resolution No. 2003-154 Approved by Coastal Commission, August, 8,2003 *** Agriculture Mitigation Fee Program Recommended for Approval by Planning Commission, March, 17, 004 Resolution No. 5585 Approved by City Council, July 13,2004 Resolution No. 2004-227 Approved by Coastal Commission, January 13,2005 ***NPDES Stormwater Update Approved by City Council, May 16,2006 Resolution No. 2006-130 Approved by Coastal Commission, August 14,2006 Cannon Road Agricultural/Open Space Zone Amendment CMcllo II) Recommended for Approval by Planning Commission. Resolution No. Approved by City Council, Resolution No. Approved by Coastal Commission Land Use - Mello II • • • ...•., Chapter H-2 land that Carltas or its successor in interest chooses not to farm on a yearly basis, a reasonable effort shall be made to offer the agricultural land for lease or rent at a value equal to or less than the average prevailing market rents for similarly situated coastal agricultural land found within a 30 mile radius of the Carltas property. (26) As part of a farm operator's lease, there shall be a requirement to keep dirt roads watered regularly to minimize dust impacts on crops as well as on adjacent non- agricultural uses. (27) The approximately 72.07 acres contained in areas 3 and 5 as shown on Exhibit 4.3 shall be used for agriculture or open space subject to the provisions of the Cannon Road Agricultural/Open Space (CR-AJQS) Zone. POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED COASTAL AGRICULTURE ' The following properties which have been in agricultural production in the past shall be permitted to convert to urban uses. Because of unique circumstances associated with these parcels, conversion to urban uses would not create any significant adverse impact on the area's agricultural economy, directly or indirectly, and such conversion would therefore not require the mitigation. (a) State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad Boulevard The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the AT&SF Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may be converted to Public Recreation use. This property is surrounded by major streets and the railroad, with residential development conflicts arising on the northern and western boundaries, The site will be needed for beach parking facilities as the demand for beach access increases in the future. The property should remain in agricultural production until such time as parking facilities can be constructed by the State of California. Approximately 1,500 parking spaces could be provided on the site, giving excellent public access to the entire stretch of underdeveloped South Carlsbad State Beach, (See also Policy 7-9 on Page 69.) (b) Burroughs and Ecke Parcels. The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel (APN 210-09-0) owned by Ecke located south of Cannon Road between 1-5 and the AT&SF Railroad tracks may be converted to commercial uses. These properties are in effect isolated vacant properties within a developed commercial area. The San Diego Gas and Electric Co. power plant is located to the north, a major retail commercial development ("Car Country") is immediately across the freeway to the east, industrial development is on the southern boundary, and residential development is to the west separated by the AT&SF Railroad tracks and the State-owned property described in Policy 2-3 a. above, (c) Ukegawa Parcel. The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of Palomar City of Carlsbad 49 Local Coastal Program Land Use - Mello II ChapterH-2 Exhibit 4.3 Agricultural Lands FAO71C OOUff DEVELOPMENT SUMMARY DEVELOPMENT AREAS "-"I AGRICULTURAL OOLF COURSE AGRICULTURE AND OPEN SPACE NUMBER LAND USE ACRES (NET)DEVELOPMENT PROGRAM 1 AGRICULTURE 53.42 2o,b SPECIALTY RETAIL 26.65 3 -COtF AGRICULTURE AND OPEN SPACE *S.6l *a,b,c G.I.A. VOCATIONAL SCHOOL 28.9.3 5 -COtf AGRICULTURE AND OPEN SPACE 76. Afi 6-12,14-15 RESEARCH & DEV'T 40.01 13 STREET "0" (PRIVATE) 1.97 '6 OPEN SPACE 10.00 '7 RESORT 52.80 '8 LECO FAMILY PARK 128.32 19 LEGO DRIVE (PRIVATE) 0.94 20 COMMUNITY HOTEL 4 RETAIL 10.48 PUBLIC ROADS 21.81 EXISTING FLOWER FIELDS 300,000 SF 4 HOLES Or GOLf AGRICULTURE AND OPEN SPACE 550.000 SFa MOLTS! Of r.nir AGRICULTURE AND OPEN SPACE 800.000 SF PRESERVE IN NATURAL STATE 700 SUITES; 647,000 SF 425,750 S.F. 212.080 SF; 280 ROOMS City of Carlsbad 98 Local Coastal Program Land Use - Mello II Chapter H-2 Exhibit 4.3 Agricultural Lands norm ecu* o ' *' '• 0 MIO«MJ» DEVELOPMENT SUMMARY if-T DEVELOPMENT AREAS AGRICULTURAL AGRICULTURE AND OPEN SPACE NUMBED LAND US£ACRES 1NET1 DEVELOPMENT PflOOHAM 1 AGRICULTURE 53.42 Za.b SPECIALTY RETAIL 26.65 3 AGRICULTURE AND OPEN SPACE 43.61 4o,b,c Q.I.A. VOCATIONAL SCHOOL 28.33 5 AGRICULTURE AND OPEN SPACE 26.46 6-12,14-15 RESEARCH & DEVT 40.01 13 STREET "0" (PRIVATE) 1.97 '6 OPEN SPACE 10.00 17 RESORT 52.80 '8 LECO FAMILY PARK 128.32 '9 LECO DRIVE (PRIVATE) 0.94 20 COMMUNITY HOTEL 4 RETAIL 10.48 PUBLIC ROADS 21.81 EXISTING FLOWER FIELDS 300.000 SF AGRICULTURE AND OPEN SPACE 550.000 srAGRICULTURE AND OPEN SPACE 800,000 SF PRESERVE IN NATURAL STATE 700 SUITES: 647.000 SF 425,750 S.F. 212.080 SF; 280 ROOMS City of Carlsbad 98 Local Coastal Program EXHIBIT A Agua Hedionda Lagoon SITEMAP NOT TO SCALE Properties affected by the implementation of Proposition D for the Cannon Road Agriculture and Open Space Lands: Encina Specific Plan SP144 Carlsbad Ranch Specific Plan SP207 Exhibit "X-SP 207(1)" December 1, 2010 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN 3 AMENDMENT 207(1) TO IMPLEMENT PROPOSITION D FOR THE CANNON ROAD AGRICULTURAL AND OPEN SPACE 4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST 5 OF PASEO DEL NORTE AND WEST OF FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13. 6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS 7 CASE NO.: SP 207(1) 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted 10 by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several times and contains the uses, development standards and design for the development of the 12 subject property; and WHEREAS, the amendment is necessary to fully implement Proposition D for the Cannon Road Agricultural and Open Space Lands which affects properties within SP 207; and I5 WHEREAS, the City Council of the City of Carlsbad has reviewed and considered Specific Plan Amendment SP 207(1) for the Carlsbad Ranch Specific Plan; and '' WHEREAS, after procedures in accordance with requirements of law, the City 1 810 Council has determined that the public interest indicates that said Specific Plan Amendment 19 (SP 207(1)) be approved. 90^ NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 21 follows: SECTION I: That SP 207(1), on file in the Planning Department, and incorporated -., herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the 24 development plan for the property and all development within the plan area shall conform to the plan. SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 27 date, and further amended by Specific Plan Amendment 207(1), dated December 1, 2010, is 28 approved. 1 SECTION III: That Specific Plan Amendment 207(1) replaces text and revises 2 graphics in the Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(1). 3 SECTION IV: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6738 shall constitute the findings and conditions of the 5 City Council. 6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 7 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 8 published at least once in a publication of general circulation in the City of Carlsbad within 9 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be 10 effective until approved by the California Coastal Commission.) 11 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 12 Council on the _ day of _ 201 1 , and thereafter. 13 /// 14 /// 15 /// 16 /// 17 . /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7n APPROVED AS TO FORM AND LEGALITY 8" 9 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk ,8 (SEAL) 19 20 21 22 23 24 25 26 27 28 -3-