HomeMy WebLinkAbout2017-09-26; City Council; ; Adopt Ordinance No. CS-325 clarifying that uses prohibited elsewhere in the Carlsbad Municipal Code are also prohibited in the Zoning Code and Village Master Plan and Design ManualCITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Sept. 26, 2017
Mayor and City Council
Kevin Crawford, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CA Reviewµ__
Subject: Adopt Ordinance No. CS-325 clarifying that uses prohibited elsewhere in
the Carlsbad Municipal Code are also prohibited in the Zoning Code and
Village Master Plan and Design Manual
Case Name: Prohibited Uses Clarification Amendment
Case No.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)
Recommended Action
Adopt Ordinance No. CS-325 approving 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.
Executive Summary /Discussion
Ordinance No. CS-325 was introduced and first read at the City Council meeting held on Sept.
12, 2017. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member M.
Schumacher, the City Council voted 4/1 (Hall absent due to a potential conflict of interest) to
introduce the Ordinance. The second reading allows the City Council to adopt the ordinance
which will become effective thirty days after adoption. Within the Coastal Zone, this ordinance
shall not be effective until LCPA 2017-0003 is approved by the California Coastal Commission.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
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
September 26, 2017 Item #12 Page 1 of 4
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
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Ordinance No. CS-325
September 26, 2017 Item #12 Page 2 of 4
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)
Exhibit 1
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, 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 of the City of Carlsbad, California, ordains as follows that:
1.That the above recitations are true and correct.
September 26, 2017 Item #12 Page 3 of 4
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 12th
day of September, 2017, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
ABSENT: M. Hall.
APPROVED AS TO FORM AND LEGALITY:
Gcu�¼-� --------
CELIA A. BREWER, City Attorney
(SEAL)
September 26, 2017 Item #12 Page 4 of 4