HomeMy WebLinkAbout2018-08-21; City Council; ; Ordinance No. CS-339 - Amending Carlsbad Municipal Code Section 21.05.080 - Limitations of Land Use8 S~~fiR~port
Meeting Date:
To:
From:
Staff Contact:
August 21, 2018
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca .gov or 760-434-2917
CA Review ~
Subject: Ordinance No. CS-339 -Amending Carlsbad Municipal Code Section
21.05.080 -Limitations of Land Use
Project Name: Prohibited Uses Clarification Amendment
Project No.: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 {PUB17Y-0015)
Recommended Action
Adopt Ordinance No. CS-339 acknowledging receipt of the California Coastal Commission's
Resolution of Certification including suggested modifications to LCPA 2017-0003, and approving
the associated suggested modifications to the Zoning Ordinance and Local Coastal Program.
Executive Summary /Discussion
Ordinance No. CS-339 was introduced and first read at the City Council meeting held on July 24,
2018. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher,
the City Council voted 4/1 {Hall -Absent) to introduce the Ordinance. The second reading allows
the City Council to adopt the ordinance which will become effective thirty days after adoption.
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)(I), 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-339.
August 21, 2018 Item #5 Page 1 of 3
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: PROHIBITED USES CLARIFICATION AMENDMENT
CASE NO.: ZCA 2017-0002/LCPA 2017-0003 (PUB17Y-0015)
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:
August 21, 2018 Item #5 Page 2 of 3
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 ofthis ordinance shall not be effective until the Executive Director
ofthe 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 24th
day of J.!!!y 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of August 2018, 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:
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CELIA A. BREER, City Attorney
CKBURN, Mayor Pro Tern
(SEAL)
August 21, 2018 Item #5 Page 3 of 3