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HomeMy WebLinkAbout2017-09-12; City Council; ; Amend the city's land use regulations to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village Master Plan and Design ManualCA Review ~ €) CITY COUNCIL Staff Report Meet ing Date: To: From: Staff Contact: Subject: Project Name: Project No.: Sept ember 12, 2017 Mayor and City Council Kevin Crawford, City Manager Corey Funk, Associate Planner corey.funk@carlsbadca.gov or 760-434-4645 Amend the city's land use regulations to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village Master Plan and Design Manual. PROHIBITED USES CLARIFICATION AMENDMENT ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB17Y-0015) Recommended Action Hold a public hearing and introduce an ordinance approving an amendment to the Carlsbad Zoning Code (ZCA 2017-0002) and Local Coastal Program (LCPA 2017-0003) and adopt a resolution approving an amendment to the Village Master Plan and Design Manual (AMEND 2017-0006). Executive Summary This project is a city-initiated amendment to the Zoning Code 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. The Zoning Code and Village Master Plan and Design Manual are components of the city's Local Coastal Program, and therefore, an amendment to those documents also constitutes an amendment of the Local Coastal Program. Discussion The city's Zoning Code (Carlsbad Municipal Code Title 21) and Village Master Plan and Design Manual specify the uses that are allowed in the various zones of the city. Other titles of the Municipal Code regulate or prohibit certain uses/activities, examples of which include: cardrooms (Chapter 5.12), retail sales of dogs and cats (Chapter 7.16), camping on public property (Chapter 8.36) and mini-satellite wagering (Chapter 8.80). This proposal will clarify that uses/activities prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village Master Plan and Design Manual, which reinforces consistency between the land use provisions in the Zoning Code and Village Master Plan and Design Manual and the uses/activities regulated by other titles of the Municipal Code. Additional discussion and analysis of the proposed amendments is provided in the Planning Commission Staff Report (Exhibit 4). Page 261 #11 On July 19, 2017, the Planning Commission conducted a public hearing and considered the proposed amendments; the commission voted (5-0-2, with Commissioners Rodman and Siekmann absent) to recommend approval of the amendment. There was no public comment on the item. Fiscal Analysis There is no anticipated fiscal impact. Next Steps Staff will submit an application for a Local Coastal Program amendment to the California Coastal Commission following City Council approval of the Local Coastal Program amendment (LCPA 2017-0003). Within the coastal zone, the amendments to the Zoning Code and Village Master Plan and Design Manual will not become effective until the California Coastal Commission approves the Local Coastal Program amendment (LCPA 2017-0003). Outside the coastal zone, the amendments shall be effective thirty days after its adoption by the City Council. Environmental Evaluation (CEQA) The City Planner has determined 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), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. The proposed amendments are exempt from environmental review pursuant to CEQA, which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are a minor clarification that uses prohibited elsewhere in the Municipal Code are also prohibited in the Zoning Code and Village Master Plan and Design Manual; they ensure consistency within and do not substantially change the effect of Carlsbad's land use regulations. A Notice of Exemption will be filed. Public Notification A six-week public review period for the Local Coastal Program Amendment began on June 30, 2017 and ended on August 11, 2017. Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. City Council Resolution 2. City Council Ordinance 3. Planning Commission Resolution No. 7252 4. Planning Commission Staff Report dated July 19, 2017 5. Planning Commission Minutes dated July 19, 2017 Page 262 RESOLUTION 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 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 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 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) 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- Page 268 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 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 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. 0 P.C. AGENDA OF: July 19, 2017 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/ A SUBJECT: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y-0015) -PROHIBITED USES CLARIFICATION AMENDMENT -Request for a recommendation of 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. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA} pursuant to Section 15061(8}(3} (General Rule} and City of Carlsbad Municipal Code Section 19.04.070(A}(l}(c}, in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7252 RECOMMENDING APPROVAL of a Zoning Code amendment ZCA 2017-0002, Local Coastal Program amendment LCPA 2017- 0003 and Village Master Plan and Design Manual Amendment AMEND 2017-0006, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zoning Code Amendment, Local Coastal Program Amendment and Village Master Plan and Design Manual amendment; consisting of amendments to the text of the Zoning Code and the Village Master Plan and Design Manual. With regard to the Local Coastal Program (LCP}, the Zoning Code is the LCP implementing ordinance for land use activities within the Coastal Zone. Additionally, the Village Master Plan and Design Manual constitutes the LCP for the Village segment ofthe Coastal Zone; therefore an LCP amendment is necessary. With respect to regulating land use in Carlsbad, the city's Zoning Code (Carlsbad Municipal Code Title 21} is "permissive", meaning that all uses not expressly allowed in the Zoning Code are prohibited. Other portions of the Municipal Code also regulate or prohibit certain activities, examples of which include: cardrooms (Chapter 5.12}, retail sales of dogs and cats (Chapter 7.16}, camping on public property (Chapter 8.36} and mini-satellite wagering (Chapter 8.80}. This proposal (ZCA 2017-0002/ LCPA 2017- 0003/ AMEND 2017-0006} to amend the Zoning Code and Village Master Plan and Design Manual will clarify that actions prohibited elsewhere in the Municipal Code are also prohibited as land uses, and reinforce consistency between the land use provisions in Title 21 and regulated activities found elsewhere in the municipal code. Page 273 ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 {PUB 17Y-0015)-PROHIBITED USES CLARIFICATION AMENDMENT July 19, 2017 Pa e 2 Ill. ANALYSIS The proposed Zoning Ordinance amendment is consistent with the General Plan in that the proposed amendments do not conflict with any goal, objective, or policy of the General Plan. The amendment is also consistent with other provisions of the Zoning Ordinance and Village Master Plan and Design Manual not being amended. Its intent is simply to remove ambiguity and reduce the potential for confusion as to how activities prohibited by other provisions of the Municipal Code relate to the land use regulations of the Zoning Code. Local Coastal Program Amendment LCPA 2016-0001 is required to bring it into consistency with ZCA 2016- 0001. The proposed LCP amendment meets the requirements of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad LCP not being amended by this amendment. The amendments ensure consistency with the Carlsbad Zoning Code, and do not conflict with any regulation, land use designations or policies, with which development must comply. The proposed amendments to the Zoning Code and Village Master Plan and Design Manual are presented in strikeout/underline format in Attachment 2. IV. ENVIRONMENTAL REVIEW The City Planner has determined 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){1){c), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. The proposed amendments are exempt from environmental review pursuant to CEQA, which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are a minor clarification that uses prohibited elsewhere in the Municipal Code are also prohibited in the zoning ordinance and Village Master Plan and Design Manual; they ensure consistency within and do not substantially change the effect of Carlsbad's land use regulations. A Notice of Exemption will be file<;i. ATTACHMENTS: 1. Planning Commission Resolution No. 7252 a. Exhibit A: Ordinance of proposed text changes to the Zoning Code {Title 21) b. Exhibit B: Proposed text changes to the Village Master Plan and Design Manual 2. Strikeout and Underline of the draft Zoning Code Amendment and Village Master Plan and Design Manual Amendment Page 274 Strikeout and Underline of the draft Zoning Code Amendment and Village Master Plan and Design Manual Amendment 1. Section 21.05.080 is proposed to be amended as follows: 21.05.080 Limitation of land use ATIACHMENT2 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. ~{5~~~~~ Amendments to the C_arlsbad \{illage Master .Plan an<{Qesign Manuai- 2. Page 42, under Allowable Land Uses, the General Notes are proposed to be 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 275 EXHIBIT 5 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER July 19, 2017 PLANNING COMMISSION 6:00 p.m. July 19, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Page 1 Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts and Montgomery Absent: Commissioners Rodman and Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Chris Garcia, Associate Planner Corey Funk, Associate Planner Pam Drew, Associate Planner Scott Donnell, Senior Planner Lolly Sangster, Public Works Program Manager Craig Williams, Public Works Senior Engineer Brett Wood, Kimley-Horn & Associates PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Karen Hemmingway, P.O. Box 1425, stated her concerns with the possibilities of safety issues raised from a distillery located near a residential area and the boys and girls club. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 2 and 3. 2. ZCA 2017..0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y..0015)-PROHIBITED USES CLARIFICATION AMENDMENT -Request for a recommendation of 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. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (8)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1 )(c), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. Mr. Neu stated Agenda Items 2 and 3 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 2 and 3. Page 276 Planning Commission Minutes July 19, 2017 Page2 Chairperson Segall asked if any member of the audience wished to address Agenda Items 2 and 3. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7252 recommending approval of a Zoning Code amendment ZCA 2017-0002, Local Coastal Program amendment LCPA 2017-0003 and Village Master Plan and Design Manual Amendment AMEND 2017-0006, based on the findings contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None 3. PUD 16-11/SDP 16-21/CDP 16-43/MS 16-09/AV 16-06 (DEV16050) -167 CHERRY AVENUE DUPLEX -Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance to demolish an existing single-family home and construct a two-family, residential air-space condominium project on a 0.16 acre infill site located at 167 Cherry Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, "New Construction or Conversion of Small Structures" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7255 approving Planned Development Permit PUD 16-11, Site Development Plan 16-21, Coastal Development Permit CDP 16-43, Tentative Parcel Map MS 16-09, and Minor Variance AV 16-06, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed public hearing on Agenda Items 2 and 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. 1. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002)-SECOND DWELLING UNIT CODE AMENDMENT - A request for recommendation of approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city's regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division-13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. Page 277 Planning Commission Minutes July 19, 2017 Page 3 Mr. Neu introduced Agenda Item 1 and stated Associate Corey Funk would make the staff presentation. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the 120 day approval requirement for an Accessory Dwelling Unit (ADU) is separate if the project is part of a larger project that goes before the Planning Commission or the California Coastal Commission. Mr. Funk stated the 120 day approval requirement would only apply for individual applications of an ADU. Commissioner Montgomery asked how the ADU conversions are implemented and the process of obtaining building permits. Mr. Funk stated that a building permit must be applied for and plans submitted showing the sectioned off area of the house with all the appropriate walls. Chairperson Segall asked if there were any further questions for staff. Seeing none, he asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Segall opened and closed public testimony. Commissioner Montgomery inquired about the impact of the 640 maximum square footage to be added to an ADU. Mr. Funk stated it would depend on the size of the property and if it could accommodate to a smaller or a larger ADU, and one implication to consider with larger two bedroom units would be the need for more off-street parking. Commissioner Montgomery asked if the approval of the amendment would also apply to the Homeowner's Associations (HOA). Assistant City Attorney Ron Kemp clarified that it would be up to state law to decide and HOAs can traditionally restrict the rights with CC&Rs by contract. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7254 recommending approval of a Zoning Code Amendment ZCA 2016-0001 and Local Coastal Program Amendment LCPA 2016-0001, based on the findings contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: Commissioner Rodman and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. SS 16-01-DRAFT VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN -Presentation and discussion of the draft Village, Barrio and Beach Area Parking Management Plan. The Village, Barrio and beach study area is generally located west of Interstate 5 to the beach, between Tamarack Avenue and Buena Vista Lagoon. A portion of the area is in the Coastal Zone. A presentation on the draft Village, Barrio and Beach Area Parking Management Plan has been determined to be exempt from environmental review per CEQA Guidelines Section 15262 -Planning Study. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Pam Drew assisted by Brett Wood, Kimley-Horn & Associates would make the staff presentation. Ms. Drew and Mr. Wood gave a presentation and stated they would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Page 278 Planning Commission Minutes July 19, 2017 Page4 Commissioner Black asked if handicap parking would be included in the parking study. Mr. Wood replied that ADA accessible parking spaces will be a part of the comprehensive curb management component of the parking study. Ms. Drew added that the city has a process for the public to request ADA accommodations and parking spaces. Commissioner Anderson stated that the 1,320 foot walking distance seems excessive and asked if that was based on a study or comparable studies. Mr. Wood replied stating 500 feet is typically used as a minimum walking distance, which is equivalent to one city block consistent with other communities. Mr. Wood added that it is consistent with the Draft Village and Barrio Master Plan in terms of how far people are willing to walk based on different configurations. Commissioner Anderson asked how the parking in lieu fees work with shared businesses. Mr. Wood replied the fee would be applied for the leasing of the spaces, ongoing maintenance and liability. Commissioner Anderson mentioned the letter received from the North County Transit District (NCTD) stating the agency is not prepared to comment on some of the assumptions regarding parking on their property. Ms. Drew noted that city staff have met with NCTD's real estate representative to consider additional leasing opportunities along the railroad corridor. Commissioner Goyarts asked if the areas within the study could address limiting trucks with camper trailers near the beach area. Mr. Wood replied that it would be evaluated as part of the comment period. Commissioner Montgomery asked if the parking management plan is flexible enough for the city to move forward in the future. Mr. Wood replied stating that a plan or a study is only as valid as the data that goes into it such as the modeling and projections that are based on a snapshot in time of how the Master Plan thinks the community will be developed. Mr. Wood stated that the plan and the data points that need to be evaluated on an ongoing basis give the city the tools to be able to react quickly and recommended that the city hire a parking program manager. Chairperson Segall asked if angled parking also contributes to traffic calming. Mr. Wood stated yes, there is ample right of way for the reconfiguration of parallel and angled parking spaces that would create smaller travel lanes and safer speed on the roads. Chairperson Segall asked if angled parking was analyzed in the Barrio area. Mr. Wood replied yes, the inclusion of on street parking on a residential street typically reduces the speed of the vehicle. Chairperson Segall asked if autonomous vehicles were considered and the impact on the need for parking spaces. Mr. Wood stated that the study does not have recommendations for the next five years considering autonomous vehicles as well as the continued adoption of ride shares and people who choose not to drive. Mr. Wood concluded that the community should not build structured parking without a demand for it now and the variation for what the demand might look like in 20 years made a nebulous recommendation. Commissioner Goyarts inquired about enforcement hours on Sunday. Ms. Drew stated that the Village area does not have parking enforcement hours on Sundays. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if any member of the audience wished to address Agenda Item 4 and opened public testimony. Jim Boone, 3955 Skyline Road, commented on infill projects in the Village, stated his concerns with Park 101 on Carlsbad Boulevard and the increased traffic including parking spaces provided for 20 employees. Mr. Boone added that the delivery trucks block residential parking spaces on, Lincoln Street and should be removed. Mr. Boone stated Park 101 does not have a proper onsite trash area that was part of the project. Diane Nygaard, 5020 Nighthawk Way, Oceanside, commented on smart growth in the Village and Barrio as parking is a key part and emphasized the importance of shared parking. Betsy Lieberman, 1326 Forest Avenue, shared her concerns with privately owned parking lots included in the study. Robert Wilkinson, Suite I, 2911 State Street, supports the valet service, shared parking, parking in lieu fees for everything that gets developed and angled parking in the barrio, however; it should not retard the safety of the cyclist. Page 279 Planning Commission Minutes July 19, 2017 Page 5 Karen Hemmingway, P.O. Box 1425, shared her concerns for the need of metered parking along the beach and shuttle busses during events, large trailers parked on the Denny's parking lot, recreational vehicles parked on the streets at night. Jim Powers, 3920 Park Drive, encouraged the Commission to consider the safety for cyclists. Lisa McKethan, 1343 Forrest Avenue, stated her concerns with cyclist safety, shared parking, and concluded that handicap parking should be clearly addressed and stated in the plan. Gil Alvarado, 3331 Tyler Street, stated that angled parking in the Village would interfere with the walkability in the Village. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked staff to respond to the issues raised. Mr. Neu clarified that Park 101 does not provide any parking as it was permitted under the Village rules for a deli and was able to convert from its previous use to the existing use without providing any additional parking. Ms. Drew responded stating that the Village and Barrio Master Plan should be out for public review towards the end of 2017. Mr. Wood stated that the parking requirements could be lower and the intent of the recommendations is for collected data to address one year. Ms. Drew clarified that the parking lots in the study are public and not private property. Mr. Wood added that the intent of the shared parking recommendations is to opt in where the business entities are able to work collaboratively. Ms. Drew stated NCTD have plans for high density condominiums or apartments on the northern lot near the train station and that the city is not looking for an opportunity of leasing the parking lot. She agreed that angled parking is unsafe for bicycle lanes and recommended backing into an angled parking space. Mr. Wood added if there is enough right of way to the configuration, the angled parking could be moved out and curb delineate the bike lane between the curb and the angled parking. Ms. Drew addressed the issues of adding time limits at the beach areas and stated that may hinder people's access to the beach against the California Coastal Act. Mr. Wood stated that recommendations have been made to change the ordinances and limiting RV parking for multiple days on residential streets. Ms. Drew identified the need to add more information on ADA parking and the process that the city has in place. The data received translates to other strategies that could be implemented first before the expense of a parking structure which costs $19,000 per space and $800 to $1,000 a year to maintain. DISCUSSION Commissioner Goyarts asked if the study benchmarks with other surrounding coastal cities. Ms. Drew replied the City of Encinitas. Commissioner Black stated that parking in lieu fees should be expanded, he is enthusiastic about shared parking and thinks that shared parking is a consideration that should be continued to be included in the plan for the future. Commissioner Black stated that parking structures have an end use. Commissioner Anderson expressed that she would not be in favor of the 1,320 foot distance allowed between parking and buildings. She is reluctant to reduce parking requirements as higher density is fast approaching in the city and concerned with the unlimited RV parking surrounding the beach areas. She stated that the signage addressing the RV parking time limits are too busy for anyone to read and understand while traveling through an intersection. Commissioner Anderson concluded that she likes parking meters as it helps in other beach communities and loves the idea of shared parking if it is feasible. Commissioner Montgomery commented that he is concerned with the recommendation of leaving the parking in lieu fees as the same number and believes that the finding is based upon the fact that staff feels it is enough funds to maintain shared parking spaces. He thinks a need for a central parking structure would be part of an establishment or a project with multiple uses that could benefit a secondary use of added parking. Commissioner Montgomery stated that the city is turning in the right direction and concluded that he likes the flexibility of the parking management plan. Page 280 Planning Commission Minutes July 19, 2017 Page6 Chairperson Segall stated that overall he likes the parking management plan as it is comprehensive and addresses a lot of issues. He stated that people need to change t.heir patterns of behavior or mindsets and walking should be encouraged in the Village. Chairperson Segall stated that the essence of paid parking would be beneficial to the city and that a central parking structure would kick off a renaissance for surrounding synergies in the Village. Chairperson Segall closed the public hearing on Agenda Item 4. COMMISSION COMMENTS Chairperson Segall reminded the Commissioners of the League of California Cities conference scheduled for August 23, 2018 and asked the Commissioners to submit their comments and ideas for programs they would like to see from an educational standpoint. CITY PLANNER COMMENTS Mr. Neu asked the Commissioners to confirm their attendance for the August 2, 2017 Planning Commission hearing as some Commissioners will be absent CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 19, 2017 was adjourned at 9:00 p.m. an DON NEU City Planner Farah Nisan Minutes Clerk Page 281 THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 282 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY cu,RK DATE OF PUBLIC HEARING: Cj //JI/ 1 SUBJECT: /lo~b~--~-. S-Ll-~~-~ ,-C-a;f-~-.~ -a;//1-J LocAT10N: /k CC:A~ V.Jlc~J!J.,. DATE NOTICES MAILED TO PROPERTY OWNERS: ?5 /31 /I J NUMBER MAILED: __ 5 __ -_Lp __ _ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE \_Lm'-~ (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune ~ Coast News PUBLICATION DATE: Union Tribune --------------- Coast News_~$;c....,.,~{~~~'---c;~'-'---'-/,-L.-/_17 ____ _ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. ~~J~ (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 12, 2017, to consider approving 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. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (8)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(c), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. Whereas, on July 19, 2017 the City of Carlsbad Planning Commission voted 5-0-2 (Rodman and Siekmann absent) to recommend 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. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (8)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1 )(c), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, September 7, 2017. If you have any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@carlsbadca.gov. If you challenge the amendments to the Zoning Code, Local Coastal Program and Village Master Plan and Design Manual 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y-0015) CASE NAME: PROHIBITED USES CLARIFICATION AMENDMENT PUBLISH: SEPTEMBER 1, 2017 CITY OF CARLSBAD CITY COUNCIL AXELSON & CORN ATTORNEYS AT LAW 160 CHESTERFIELD DR SUITE 201 ENCINITAS CA 92007 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CHANNEL ISLANDS NATL PARK SUPERINTENDENTS OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULA TORY COMMISSION 1001ST ST., STE2300 SAN FRANCISCO CA 941053084 rancho EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 SD COUNTY PLANNING & LAND USE DEPT STE310 5510 OVERLAND AVE SAN DIEGO CA 921231239 US ARMY CORPS OF ENGINEER 915 WILSHIRE BLVD SUITE 1101 LOS ANGELES CA 90017 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF FISH & WILDLIFE CHRISTINE BECK 3883 RUFFIN RD SAN DIEGO CA 92123 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 DEPT OF FOOD & AGRICULTURE AG RI CULTURAL RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN STE 1800 600 WEST BROADWAY SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STE J 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL#350B SACRAMENTO CA 958144801 CA DEPT OF TRANSPORTATION DISTRICT 11 -DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 FED AVIATION ADMIN WESTERN REG PO BOX92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM SANDAG EXEC DIRECTOR STE 800 STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027019 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEERS REGULATORY DIVISION SUITE 100 5900 LA PLACE COURT · CARLSBAD CA 92008 US FISH & WILDLIFE SERVICES 2800 COTT AGE WAY STEW-2605 SACRAMENTO CA 95825 1 ST !NTL PLZ 401 B ST SAN DIEGO CA 92101 STATE LANDS COMMISSION STE 1005 100HOWEAV SACRAMENTO CA 958258202 ---· ----lJ£-BlJR~U-Of-.LAND-MGM:f------- STE RMW 2800 COTT AGE WY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 CAMPO BAND OF MISSION INDIANS ATTN MARCUS CUERO SUITE 1 36190 CHURCH ROAD CAMPO CA 91906 f ~a6p3 dn-dOd asodxa Cl aun 6u01e puaa I • I/U~~-~ .... ssa/iss3''3de~~il:II II st 'fl ig r, I I I I I @091.5 @AH3/\V :i.!-ti&,tili>~li!'.IAI .1a1ad ~ sa1pBJ. sa:i.;i.anb1:i.~ 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 Pat: avery.com/patents Easy Peel® Address Labels Bend along line to expose Pop-up Edge'" SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANAN! BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes d'adresse Easy Peel® ~onli..,. :\ '" h .. rh11"' :mn ,1,. """"''"''"' n:,bord Poo-uo'" Go to avery.com/templates : UseAveryTemplate5160 1 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 1.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 Allez a avery.ca/gabarits : Utilisez le Gabarit Aveiv 5160 1 Prohibited Uses Clarification Amendment Corey Funk September 12, 2017 ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 Project •City initiated amendment –Zoning Code –Village Master Plan and Design Manual •Zoning Code is “permissive” code –Permitted uses are listed, uses not listed are not permitted Project •Municipal Code includes activities expressly prohibited –Ex. cardrooms and mini-satellite wagering •Clarifies that activities prohibited elsewhere in the Municipal Code are also prohibited as land uses Purpose •Remove ambiguity and potential for confusion •Reinforce consistency between land use provisions and rest of Municipal Code Consistency •General Plan •Zoning Code •Village Master Plan and Design Manual •Local Coastal Program •Amendment is exempt from CEQA Recommendation That the City Council ADOPT an ordinance APPROVING Zoning Code amendment ZCA 2017- 0002 and Local Coastal Program amendment LCPA 2017-0003,and ADOPT a resolution APPROVING Village Master Plan and Design Manual Amendment AMEND 2017-0006,based on the findings contained therein.