HomeMy WebLinkAbout2018-07-24; City Council; ; Acknowledgement of receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 2017-0003 - Prohibited Uses ClariCA Review J?..t(.
@ CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
July 24, 2018
Mayor and City Council
Kevin Crawford, City Manager
Corey Funk, Associate Planner
corey.funk@carlsbadca.gov or 760-434-4645
Acknowledgement of receipt of the California Coastal Commission's
Resolution of Certification including suggested modifications for LCPA
2017-0003 -Prohibited Uses Clarification Amendment, and approval of
the associated suggested modifications.
PROHIBITED USES CLARIFICATION AMENDMENT
ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB17Y-0015)
Recommended Action
That the City Council hold a public hearing and introduce an Ordinance acknowledging receipt
of the California Coastal Commission's Resolution of Certification including suggested
modifications for LCPA 2017-0003, and approving the associated suggested modifications to the
Zoning Ordinance and Local Coastal Program; and adopt a Resolution approving the associated
suggested modifications to the Village Master Plan and Design Manual and Local Coastal
Program.
Executive Summary
On September 12 and 26, 2017, the City Council adopted Resolution No. 2017-182 and
Ordinance No. CS-325, respectively; approving ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-
0006 -Prohibited Uses Clarification Amendment. These actions amended the city's Zoning
Code, Village Master Plan and Design Manual, and Local Coastal Program to clarify that uses
prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village
Master Plan and Design Manual.
Although approved by the City Council, the amendments are not effective within the Coastal
Zone until the California Coastal Commission approves LCPA 2017-0003 and the Commission's
approval becomes effective. On June 7, 2018, the Coastal Commission approved LCPA 2017-
0003 with suggested modifications. The Coastal Commission's approval of LCPA 2017-003 will
not become effective until the Commission certifies that the city has amended its Local Coastal
Program pursuant to the suggested modifications.
Discussion
The city's Zoning Code (Carlsbad Municipal Code Title 21) and Village Master Plan and Design
Manual, which are components of the city's Local Coastal Program, specify the uses that are
allowed in the various zones of the city. Other titles of the Municipal Code, which are not
components of the Local Coastal Program, prohibit the following uses/activities: card rooms
(CMC Chapter 5.12), retail sales of dogs and cats (CMC Chapter 7.16), camping on public
property (CMC Chapter 8.36), mini-satellite wagering (CMC Chapter 8.80) and commercial
cannabis activities (CMC Chapter 8.90).
July 24, 2018 Item #18 Page 1 of 10
City Council Staff Report
RE: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006
July 24, 2018
ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006, as approved by the City Council in
September 2017, clarifies that uses/activities prohibited elsewhere in the Municipal Code are
also prohibited by the Zoning Code, Village Master Plan and Design Manual, which reinforces
consistency between the land use provisions in the Zoning Code, Village Master Plan and Design
Manual and the uses/activities regulated by other titles of the Municipal Code.
The Coastal Commission's suggested modifications to LCPA 2017-003 are described below and
are reflected in the attached ordinance and resolution (Exhibits 1 and 2). An underline-strikeout
version of the suggested modifications is included with Exhibit 3.
The Coastal Commission raised the following concern about the amendment: that LCPA 2017-003,
as proposed by the city, results in a broad statement prohibiting all uses prohibited by other
chapters of the Municipal Code. In the future, if the City Council acts to prohibit land uses in
chapters of the Municipal Code that are not part of the certified Local Coastal Program, those land
uses would automatically become prohibited by the Local Coastal Program without benefit of a
Local Coastal Program amendment. Prohibiting a land use could conflict with Coastal Act policies
relative to public access, priority uses or the permissibility of certain uses in sensitive areas.
Therefore, any prohibition of land use must be reviewed and found by the Commission to be
consistent with the Coastal Act through a Local Coastal Program amendment.
The suggested modifications add a list of the currently prohibited uses (listed above) to the Zoning
Code, and Village Master Plan and Design Manual; including the list of prohibited uses will clarify
that only the prohibitions currently enacted within other sections of the Municipal Code are also
prohibited by the Local Coastal Program. Any land use prohibition adopted by the city in the future
will require a Local Coastal Program amendment approved by the Coastal Commission before the
prohibition could become effective within the Coastal Zone.
These suggested modifications were incorporated into the draft Village and Barrio Master Plan
(GPA16-01) that was presented to the City Council on July 10, 2018.
Fiscal Analysis
There is no anticipated fiscal impact.
Next Steps
If the City Council approves the recommended amendments, staff will submit evidence to the
California Coastal Commission that the suggested modifications were received and acted on by
the City Council. At the next regularly scheduled Coastal Commission hearing, the Executive
Director of the Coastal Commission will make a determination that the suggested modifications
have been implemented. Immediately following that determination, LCPA 2017-003 will
become effective.
July 24, 2018 Item #18 Page 2 of 10
City Council Staff Report
RE: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006
July 24, 2018
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
Public notification included mailings and public hearing notices posted in the newspaper and on
the city website. Copies are available in the Office of the City Clerk.
Exhibits
1. City Council Ordinance
2. City Council Resolution
3. Letter from the California Coastal Commission certifying its approval of LCPA 2017-0003
including the suggested modifications
July 24, 2018 Item #18 Page 3 of 10
ORDINANCE NO. CS-339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED
MODIFICATIONS FOR LCPA 2017-0003, AND APPROVING THE ASSOCIATED
SUGGESTED MODIFICATIONS TO THE ZONING ORDINANCE AND LOCAL
COASTAL PROGRAM.
CASE NAME:
CASE NO.:
PROHIBITED USES CLARIFICATION AMENDMENT
ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)
EXHIBIT 1
WHEREAS, on September 26, 2017, the City Council adopted Ordinance No. CS-325, approving
ZCA 2017-0002/LCPA 2017-0003 -Prohibited Uses Clarification Amendment; and
WHEREAS, the Carlsbad Zoning Ordinance is the implementing ordinance of the Carlsbad Local
Coastal Program, and therefore, an amendment to the Zoning Ordinance also constitutes an
amendment to the Local Coastal Program; and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on September 28, 2017, the city submitted an application to the Coastal Commission
requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 2017-0003; and
WHEREAS, on June 7, 2018, the California Coastal Commission approved the city's Local Coastal
Program Amendment (LCPA 2017-0003); and the city received a letter dated June 8, 2018 from the
California Coastal Commission that certifies (resolution of certification) the Coastal Commission's
approval of the city's Local Coastal Program amendment (LCPA 2017-0003), subject to suggested
modifications; and
WHEREAS, the California Coastal Commission's approval of LCPA 2017-0003 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission's suggested modifications; and
WHEREAS, on July 24, 2018, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. That section 21.05.080 of the Carlsbad Municipal Code is amended as follows:
July 24, 2018 Item #18 Page 4 of 10
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. Cardrooms {Ch. 5.12}, retail sales
of dogs and cats {Ch. 7.16}, camping on public property {Ch. 8.36}, mini-satellite wagering {Ch. 8.80}
and cannabis activities (Ch. 8.90} prohibited elsewhere in this code are also prohibited as land uses
under this title.
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 2017-0003 will be consistent
With the Coastal Commission's approval of LCPA 2017-0003 with suggested modifications.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
day of 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the day of 2018, 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}
_____
___
________
July 24, 2018 Item #18 Page 5 of 10
RESOLUTION NO. 2018-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED
MODIFICATIONS FOR LCPA 2017-0003, AND APPROVING THE ASSOCIATED
SUGGESTED MODIFICATIONS TO THE VILLAGE MASTER PLAN AND DESIGN
MANUAL AND LOCAL COASTAL PROGRAM.
CASE NAME:
CASE NO.:
PROHIBITED USES CLARIFICATION AMENDMENT
AMEND 2017-0006/ LCPA 2017-0003 (PUB17Y-0015))
EXHIBIT 2
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-182,
approving AMEND 2017-0006/LCPA 2017-0003 -Prohibited Uses Clarification Amendment; and
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 California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on September 28, 2017, the city submitted an application to the Coastal Commission
requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 2017-0003; and
WHEREAS, on June 7, 2018, the California Coastal Commission approved the city's Local Coastal
Program Amendment (LCPA 2017-0003); and the city received a letter dated June 8, 2018, from the
California Coastal Commission that certifies (resolution of certification) the Coastal Commission's
approval of the city's Local Coastal Program amendment (LCPA 2017-0003), subject to suggested
modifications; and
WHEREAS, the California Coastal Commission's approval of LCPA 2017-0003 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission's suggested modifications; and
WHEREAS, on July 24, 2018, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications.
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.
July 24, 2018 Item #18 Page 6 of 10
EXHIBIT 2
2. That the Coastal Commission's suggested modifications to Village Master Plan and
Design Manual Amendment AMEND 2017-0006/Local Coastal Program Amendment LCPA 2017-0003,
are approved as shown in Attachment A of this resolution.
EFFECTIVE DATE: The approval of this resolution shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2017-0003 will be consistent
with the Coastal Commission's approval of LCPA 2017-0003 with suggested modifications.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of :!..ldJ.y 2018, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: M. Hall.
July 24, 2018 Item #18 Page 7 of 10
ATIACHMENT A to EXHIBIT 2
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.Cardrooms (Ch. 5.12), retail sales of dogs and cats (Ch. 7.16), camping on public property (Ch. 8.36),
mini-satellite wagering (Ch. 8.80) and cannabis activities (Ch. 8.90) prohibited in the Carlsbad
Municipal Code are also prohibited as land uses under the Village Master Plan and Design Manual.
July 24, 2018 Item #18 Page 8 of 10
June 11,2018
Page2
CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-17-0054-2
PROIDBITED USES
SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION
(ON JUNE 7, 2018)
I. Modify the General Notes under Allowable Land Uses on Page 42 of the Carlsbad Village
Master Plan and Design Manual as follows:
General Notes
[ ... ]
6. Actions Cardrooms (Ch. 5.12), retail sales of dogs and cats (Ch. 7.16). camping_on public
property <Ch 8.36). mini-satellite wagering (Ch 8 80) and cannabis aGtiYities (Ch. 8.90)
prohibited in the Carlsbad Municipal Code are also prohibited as land uses under the
Village Master Plan and Design Manual.
2. Modify Section 21.05.080-Limitation of land use, as follows:
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 Cardrooms <Ch. 5.12). retail sales of dogs and cats (Ch. 7.16), camping on public
property (Ch. 8.36), mini-satellite wagering (Ch. 8.80) and cannabis activities (Ch. 8.90)
prohibited elsewhere in this code are also prohibited as land uses under this title.
July 24, 2018 Item #18 Page 10 of 10
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEAR.ING: -~J~/~J~LJ._,_L_,_J __ ~---------
SUBJECT: /lob.J;..W (1~'::::,
LOCATION / cir, C~ [), !/&ff [j,._ ·
DATE NOTICES MAILED TO PROPERTY OWNERS: :) lj J/J Y
NUMBER MAILED: -~S~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
~(Z11J._zl/~ ·J/v/1~
(Signature) (Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune
121_ Coast News
PUBLICATION DATE: Union Tribune ---------------
Coast News __ :]~ij,__,.:!)____,_/8=---------
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.
Date: _ri___,___/-.LP~f l.......,._2..___ ___ _ \_1'umoNA Km :777~
(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, July 24, 2018, to consider an
acknowledgement of receipt of the California Coastal Commission's Resolution of Certification
including suggested modifications for LCPA 2017-0003 -Prohibited Uses Clarification
Amendment, and approval of the associated suggested modifications, more particularly described
as:
On September 12 and 26, 2017, the City Council adopted Resolution No. 2017-182 and
Ordinance No. CS-325, respectively; approving ZCA 2017-0002/LCPA 2017-0003/AMEND
2017-0006 -Prohibited Uses Clarification Amendment. These actions amended the city's
Zoning Code, Village Master Plan and Design Manual, and Local Coastal Program to clarify
that uses prohibited elsewhere in the Municipal Code are also prohibited by the Zoning
Code and Village Master Plan and Design Manual.
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, July 19, 2018. 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 amendment to the Zoning Code, Local Coastal Program, 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: FRIDAY, JULY 13, 2018
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Corey Funk
July 24, 2018
ZCA 2017-0002/LCPA 2017-0003/
AMEND 2017-0006
Prohibited Uses Clarification Amendment
Coastal Commission Suggested Modifications
Background
•Sept. 2017 City Council adoption of the
amendment
–Clarifies that activities prohibited in the
Municipal Code are also prohibited as land uses
by Zoning Code and Village Master Plan and
Design Manual
•June 2018 Coastal Commission approval with
suggested modifications
Background
•Land use regulations: Zoning Code and Village Master Plan and Design Manual
–Implement the Local Coastal Program
–Local Coastal Program amendments arerequired
•Municipal Code
–Local Coastal Program amendments are notrequired
Concern
•Too broad and open ended
–Future Municipal Code prohibitions land use prohibitions without Local Coastal Program amendments
•Potential conflict with Coastal Act policies
–Public access
–Priority uses
–Permissibility of uses in sensitive areas
Suggested Modifications
•Add list of uses currently prohibited in
Municipal Code to:
–Zoning Code
–Village Master Plan and Design Manual
•Future land use prohibitions require Local
Coastal Program Amendments
Suggested Modifications
•Incorporated into Village and Barrio Master
Plan approved July 10, 2018 by City Council
•Remove ambiguity and reinforce consistency
between Municipal Code and land use
regulations
Recommendation
•Adopt ordinance and resolution
–Acknowledging receipt of suggested
modifications
–Approving the suggested modifications by
amending the Zoning Code and Village
Master Plan and Design Manual
Next steps
•August/September 2018
–Coastal Commission will certify that the city
implemented the suggested modifications
–ZCA 2017-0002/LCPA 2017-0003/AMEND
2017-0006 will be effective, as modified.