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HomeMy WebLinkAbout2017-07-19; Planning Commission; Resolution 7252 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 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 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 PLANNING COMMISSION RESOLUTION NO. 7252 PC RESO NO. 7252 -2- 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 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) That the foregoing recitations are true and correct. B) 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. 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. 2. 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. 3. 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. 4. 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. 5. 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(B)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(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. 6. 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. . . . . . . . . . EXHIBIT A 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) 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. 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) EXHIBIT B Amendments to the Carlsbad Village Master Plan and Design Manual 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.