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Home My WebLink About2005-01-18; City Council; 17949; Various Code Changes Suggested ModificationsCITY OF CARLSBAD -AGENDA BILL I AB# 17,949 MTG. 1/18/05 TITLE: VARIOUS CODE CHANGES SUGGESTED MODIFICATIONS DEPT. PLN !‘$‘ LCPA 00-09(A)/ZCA OO-O2(A) RECOMMENDED ACTION: 8 DEPT.HD. h$$- & CITYATTY. @ CITY MGR- That the City Council INTRODUCE Ordinance No. , REPEALING Zoning Ordinance Sections 21.04.379 and 21.42.01 O(16) regarding wireless communication facilities and ADOPT Resolution No. 2005-01 8 , APPROVING Local Coastal Program Amendment LCPA 00- 09(A) and Zone Code Amendment ZCA OO-O2(A) to accept and administer the Coastal Commission’s suggested modifications. NS-738 ITEM EXPLANATION: On October 7, 2003, the City Council approved a variety of text changes to the Zoning Ordinance (“Various Code Changes” project). Since the Zoning Ordinance serves as the implementing ordinance in the City’s Coastal Zone, the Council also approved a Local Coastal Program Amendment. The many approved changes to the Zoning Ordinance included two new sections to specifically address Wireless Communication Facilities (WCFs). At its July 15, 2004, hearing, the Coastal Commission approved the City’s Local Coastal Program Amendment with the following suggested modifications: 1. Delete the new section that defines WCFs. 2. Delete the new section that allows WCFs in all zones, subject to a conditional use permit and Council Policy 64. The Coastal Commission wants to ensure Council Policy 64 adequately addresses Local Coastal Program land use policies before approving Zoning Ordinance changes that define WCFs and reference Policy 64. As the suggested modifications contain no change to Policy 64 itself, the Policy remains in effect citywide. Both Coastal Commission and City staff agreed that the suggested modifications would enable the Coastal Commission to go forward with the many other Zoning Ordinance changes proposed while giving the City time to respond to the Coastal Commission concerns about WCFs in an appropriate, comprehensive manner. Accordingly, City staff will consider the Coastal Commission’s comments on Policy 64 as part of the Planning Department‘s efforts in response to City Council Resolution 2004- 182. This resolution directs staff to consider and recommend amendments to both the Municipal Code and Policy 64 concerning the review and permitting of WCFs. The department should :omplete this work effort in 2005. 3efore any of the Council-approved changes become effective in the Coastal Zone, the Council must xcept the suggested modifications, which includes amending the Zoning Ordinance to repeal the wo sections regarding wireless communication facilities. Upon verification of the Council’s xceptance, the Executive Director will report to the Coastal Commission that the City’s actions :onform to the provisions of the Coastal Commission’s action to certify the LCPA with suggested nodifications. The Various Code Changes project will then become effective in the Coastal Zone. ENVIRONMENTAL: The City Council adopted a negative declaration for the Various Code Changes project. This iegative declaration remains adequate to address the Coastal Commission suggested modifications, 3s the modifications would not result in any new, potentially significant environmental effects. I PAGE 2 OF AGENDA BILL NO. FISCAL IMPACT: 17,949 The fiscal impact of this action is limited to the City’s processing costs of the Coastal Commission’s suggested modifications. EXHIBITS: 1. City Council Ordinance No. - NS-738 2. City Council Resolution No. 2005-018 3. Strikeout version of ordinance. DEPARTMENT CONTACT: Scott Donneli, (760) 602-461 8, sdonn@ci.carlsbad.ca.us 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 ORDINANCE NO. NS-738 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE LOCAL COASTAL PROGRAM AND TITLE 21 OF THE MUNICPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGGESTED MOD I FI CAT10 NS. CASE NAME: VARIOUS CODE CHANGES SUGGESTED MOD I Fl CAT10 NS CASE NO.: ZCA 00-02(A) The City Council of the City of Carlsbad, California, does ordain as follows: Section I: That Section 21.04.379 of the Carlsbad Municipal Code is repealed. Section II: That Section 21.42.010(16) of the Carlsbad Municipal Code is repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone until it is approved by the California Coastal Commission. Ill Ill Ill Ill Ill Ill Ill Ill /It Ill Ill Ill 1 ,.* 1 L 4 t I 6 5 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on 18th day of JANUARY , 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of , 2005, by the following vote, Carlsbad, California, on the to wit: day of AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 1 r L e - 4 c I c 5 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO ACKNOWLEDGE AND ADOPT THE - CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS FOR LCPA 00-09. CASE NAME: VARIOUS CODE CHANGES SUGGESTED MOD I F I CAT IO N S CASE NO.: LCPA 00-09(A)/ZCA OO-O2(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission on August 20, 2003, held a duly noticed public hearing as prescribed by law to consider Zone Code Amendment ZCA 00-02 and Local Coastal Program Amendment LCPA 00-09 and adopted Planning Commission Resolutions No. 5450 and 5451 recommending to the City Council that they be approved; and WHEREAS, the City Council on October 7, 2003, held a duly noticed public hearing as prescribed by law to consider said ZCA and LCPA and adopted City Council Resolution No. 2003-264 and Ordinance NS-675 to approve the amendments; and WHEREAS, the California Coastal Commission on July 15, 2004, held a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to certify the amendment with suggested modifications; and WHEREAS, the City Council on the 18th day of JANUARY , 2005, (1 ) acknowledged receipt of the Coastal Commission's resolution of certification, including the suggested modifications, and (2) held a duly noticed public hearing as prescribed by law to consider the suggested modifications, which constitute an amendment to the Local Coastal Program and the Zoning Ordinance. WHEREAS, acceptance of the California Coastal Commission's suggested modifications, as set forth in this resolution, is necessary to comply with the California Coastal Act; . . .. .... 5 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 City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the suggested modifications will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. 3. That approval of the suggested modifications is necessary to maintain consistency between the City’s Zoning Ordinance and the Local Coastal Program. 4. That the suggested modifications to Local Coastal Program Amendment LCPA 00-09, are approved as shown in Attachment “A” on file in the Planning Department and attached hereto. 5. That staff is directed to initiate all actions required to satisfy and implement the suggested modifications to LCPA 00-09. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 18th day of JANUARY , 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis MATT HALL, Mayor Pro Tern ATTEST: (SEAL) -2- 6 Attachment “A to Resolution for Various Code Changes Suggested Modifications LCPA 00-09(A)/ZCA 00-02(A) Section I: That Section 21.04.379 of the Carlsbad Municipal Code is repealed. Section II: That Section 21.42.010(16) of the Carlsbad Municipal Code is repealed. EXHIBIT 3 Strike-out Version of Ordinance Changes for Various Code Changes Suggested Modifications ZCA 00-02(A) Section I: That Section 21.04.379 of the Carlsbad Municipal Code is repealed as follows: Section II: That Section 21.42.010(16) of the Carlsbad Municipal Code is repealed as follows: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Schulman Auditorium, 1775 Dove Lane, Carlsbad, California, at 6:OO p.m. on Tuesday, January 18, 2005, to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to incorporate the Coastal Commission suggested modifications to repeal a definition of Wireless Communication Facilities (WCF) and repeal a section which requires WCF to comply with City Council Policy 64. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after January 14, 2005. If you have any questions, please call Scott Donnell in the Planning Department at (760) 602-461 8. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA OO-O2(A)/LCPA OO-O9(A) CASE NAME: VARIOUS CODE CHANGES SUGGESTED MODIFICATIONS PUBLISH: January 7,2005 CITY OF CARLSBAD CITY COUNCIL 4 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) ST.ATE OF CALIFORNIA County of San Diego I arn a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 07th, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This; loth Day of January, 2005 This space is for the County Clerk’s Filing Stamp -~ Proof of Publication of CASE FILE: ZCA 00-02(A)/LCPA 00-09(A) GESTED CASE NAME: MODIFICATIONS VARIOUS CODE CHANGES SUG Signature u Jane Olson NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Schulman Auditorium, 1775 Dove Lane, Carlsbad, California, at 6:OO p.m. on Tuesday, January 18, 2005, to consider approval of a Zone Code Amendment and Local Coastal Program Amendment to incorporate the Coastal Commission suggested modifications to repeal a definition of Wireless Communication Facilities (WCF) and repeal a section which requires WCF to comply with City Council Policy 64. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after January 14, 2005. If you have any questions, please call Scott Donnell in the Planning Department at (760) 602-461 8. If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 00-02(A)/LCPA 00-09(A) CASE NAME: VARIOUS CODE CHANGES SUGGESTED MODIFICATIONS PUBLISH: January 7,2005 CITY OF CARLSBAD CITY COUNCIL CARLSBAD UNlF SCHOOL DlST 6225 EL CAMlNO REAL CARLSBAD CA 92009 SAN MARCOS CA 92069 ENClNlTAS CA 92024 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD ~ SAN DlEGUlTO SCHOOL DlST LEUCADIA WASTE WATER DlST OLIVENHAIN WATER DlST 701 ENClNlTAS BLVD TIM JOCHEN 1966 OLlVENHAlN RD ENCINITAS @A 92024 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 CITY OF ENCINITAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I .P. U.A. 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RURAL DEVELOPMENT DEPT 4169 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 IST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 CYRIUMARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90702 LANIKAI LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 Laser 5 163@ JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 COASTAL CONSERVANCY RICHARD RETECKI STE 1 I00 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCH REI BER 7163 ARGONAUTA WAY CARLSBAD CA 92009 ~AVERY~ Shipping Labels SAN DIEGO GAS & ELECTRIC BEVERLY BLESSANT 8315 CENTURY PARK CT SAN DIEGO CA 92123- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE B-5 FLOYD ASHBY P 0 BOX 232580 ENClNlTAS CA 92023-2580 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 Laser 5 163@ CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B” STREET SAN DIEGO CA 92101 BATIQUITOS LAGOON FOUNDATION JOHN BURNS P 0 BOX I30491 CARLSBAD CA 92009- Various Code ChangesSuggested ModificationsLCPA 00-09(A)/ZCA 00-02(A) Project Description•Various Code Changes: •Variety of Zoning Ordinance text changes•Most items “housekeeping” in nature•Two changes regarding wireless communication facilities•Local Coastal Program Amendment Coastal Commission Action•Approve, with two exceptions (“suggested modifications”):•Delete proposed definition of “WCF”•Delete proposed section allowing WCFs, subject to CUP and Council Policy 64 Recommendation•Approve suggested modifications•Will enable various code changes to become effective in Coastal Zone•Policy 64 remains in effect citywide•Address Coastal Commission concerns separately