HomeMy WebLinkAbout2018-02-13; City Council; ; Adopt Ordinance No. CS-330 Acknowledging Receipt of the California Coastal Commission's Resolution of Certification Including Suggested Modifications for LCPA 2016-0001 (~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact :
Feb. 13,2018
Mayor and City Council
Kevin Crawford, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca .gov or 760-434-2917
CAReview ~
Subject: Adopt Ordinance No. CS-330 Acknowledging Receipt of the California Coastal
Commission's Resolution of Certification Including Suggested Modifications
for LCPA 2016-0001 (Second Dwelling Unit Code Amendment), and Approving
the Associated Suggested Modifications to the Zoning Ordinance and Local
Coastal Program.
Recommended Action
Adopt Ordinance No. CS-330 acknowledging receipt of the California Coastal Commission's Resolution of
Certification including suggested modifications for LCPA 2016-0001-Second Dwelling Unit Code
Amendment, and approving the suggested modifications to the city's Local Coastal Program
implementation plan (Zoning Ordinance).
Executive Summary /Discussion
Ordinance No. CS-330 was introduced and first read at the City Council meeting held on Jan. 23, 2018.
On a motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, the City Council
voted 5/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance
which will not be effective until the Executive Director of the California Coastal Commission certifies that
implementation of LCPA 2016-0001 will be consistent with the Coastal Commission's approval of LCPA
2016-0001 with suggested modifications.
Fiscal Analysis
There is no anticipated fiscal impact.
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)
Acceptance and approval of the Coastal Commission's suggested modifications is exempt from the
California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15265(a}(l}, which
states:
(a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act
(commencing with Section 30000 of the Public Resources Code) by:
(1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for
the preparation and adoption of a local coastal program.
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-330. ·
February 13, 2018 Item #8 Page 1 of 5
5. Attached accessory dwelling units shall conform to the height limits applicable to the
zone and detached accessory dwelling units shall be limited to one story, except that accessory dwelling
units constructed above detached garages shall be permitted and shall conform to the height limits
applicable to the zone. Structures that contain accessory dwelling units located above detached
garages shall be limited to a maximum of two stories including the garage. Roof decks shall not be
permitted on detached accessory dwelling units.
6. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required
for an accessory dwelling unit that is constructed above a garage. However, within the coastal zone,
an existing garage that is converted to an accessory dwelling unit or an accessory dwelling unit that is
constructed above a garage shall be consistent with all habitat preserve buffers and geologic stability
setbacks in the certified local coastal program.
3. That subsection D.10.b.i of section 21.10.030 of the Carlsbad Municipal Code is amended
as follows:
i. The accessory dwelling unit is part of the proposed or existing primary dwelling unit or
accessory structure.
4. That subsection 8.1 of section 21.201.060 of the Carlsbad Municipal Code is amended as
follows:
B. Exemptions. The following projects are exempt from the requirements of a minor
coastal development permit and coastal development permit:
1. Improvements to an existing single-family residential building, including an accessory
dwelling unit that is attached to the primary residence, or converted from the existing space of a
primary residence or attached accessory structure, except:
a. On a beach, wetland or seaward of the mean high tide line;
February 13, 2018 Item #8 Page 3 of 5
b. Where the residence or proposed improvement would encroach in an environmentally
sensitive habitat area or within fifty feet of the edge of a coastal bluff;
c. Improvements that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less where an
improvement to the structure had previously been undertaken pursuant to Public Resources Code
Section 30610(a), or an increase in height by more than ten percent of an existing structure and/or any
significant nonattached structure such as garages, fences, shoreline protective works or docks, and
such improvements are on property located:
i. Between the sea and the first public road paralleling the sea;
ii. Within three hundred feet of the inland extent of any beach or of the mean high tide of
the sea where there is no beach, whichever is the greater distance; or
iii. In significant scenic resources areas as designated by the Commission.
d. Any significant alteration of land forms including removal or placement of vegetation on
a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in
subsections B.8, B.9, B.10 and B.11 ofthis section;
e. Expansion or construction of water wells or septic systems.
f. Improvements to establish an accessory dwelling unit that is attached to the primary
residence, or converted from the existing space of a primary residence or attached accessory structure
where such primary residence or attached accessory structure is nonconforming with respect to habitat
preserve buffers or geologic stability setbacks in the certified local coastal program.
EFFECTIVE DATE: The approval of this ordinance shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2016-0001 will be consistent
with the Coastal Commission's approval of LCPA 2016-0001 with suggested modifications.
February 13, 2018 Item #8 Page 4 of 5
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd
day of January, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of February, 2018, by the following vote, to wit:
AYES:
NOES:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
c:3ze<~~Ju __,, --CELIA A. BREWER, City Attorney
Vt IYila 10.l21fZ?l'1,~ L
BARBARA ENGLESON, City Clerk {)v'---
(SEAL)
February 13, 2018 Item #8 Page 5 of 5