HomeMy WebLinkAbout2020-09-15; City Council; ; Adoption of Ordinance No. CS-382 – A Zoning Code Amendment and a Local Coastal Program Amendment to Update the City’s Density BonusRegulations to Reflect Changes in StateMeeting Date: Sept. 15, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject: Adoption of Ordinance No. CS-382 – A Zoning Code Amendment and a
Local Coastal Program Amendment to Update the City’s Density Bonus
Regulations to Reflect Changes in State Law
Case Name: Density Bonus Amendments 2020
Case No.: ZCA 2020-0001/ LCPA 2020-0005
Recommended Action
Adopt Ordinance No. CS-382 adopting a zoning code amendment and a Local Coastal Program
amendment to update the city’s density bonus regulations to reflect changes in state law.
Executive Summary /Discussion
Ordinance No. CS-382 was introduced and first read at the City Council meeting held Sept. 1,
2020. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council unanimously voted to introduce the ordinance. The second reading allows the City
Council to adopt the ordinance, which will become effective thirty days after the adoption.
Within the Coastal Zone, this Ordinance will become effective thirty days after its adoption or
upon Coastal Commission approval of LCPA 2020-0005, whichever occurs later.
Fiscal Analysis
There is no anticipated fiscal impact from this item.
Next Steps
The city clerk will have the ordinance, or summary of the ordinance, published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
The city finds that the proposed amendments to the zoning code are exempt from
environmental review pursuant to the common-sense exemption, Section 15061(b)(3) of the
California Environmental Quality Act Guidelines, because there would be no possibility of them
having a significant effect on the environment. The ordinance being considered specifies how
the city will comply with and implement state density bonus law, and adoption is required
pursuant to California Government Code Section 65915(a). The density bonuses, incentives and
waivers permitted by the ordinance are required by state law, and this ordinance does not
permit any density bonuses, incentives, or waivers other than those required by state law.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to scheduled meeting date.
Sept. 15, 2020 Item #6 Page 1 of 15
Exhibits
1. Ordinance No. CS-382
Sept. 15, 2020 Item #6 Page 2 of 15
ORDINANCE NO. CS-382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONE CODE AMENDMENT AND A LOCAL
COASTAL PROGRAM AMENDMENT TO UPDATE THE CITY'S DENSITY BONUS
REGULATIONS TO REFLECT CHANGES IN STATE LAW.
CASE NAME: DENSITY BONUS AMENDMENTS 2020
CASE NO: ZCA 2020-0001/LCPA 2020-0005
WHEREAS, Sections 65915 — 65918 of the California Government Code, known as State Density
Bonus Law, requires a city or county to provide a developer that proposes a housing development within
the jurisdictional boundaries of that city or county with a density bonus and other incentives or
concessions for the production of lower income housing units, or for the donation of land within the
development, if the developer agrees to construct a specified percentage of units for very low income,
low-income, or moderate-income households or qualifying residents and meets other requirements.
WHEREAS, on Oct. 9, 2019, California Governor Gavin Newsom signed Assembly Bill 1763 ("AB
1763") into law, which amended Section 65915 to further encourage and incentivize the application of
State Density Bonus Law; and
WHEREAS, SB 1763 took effect Jan. 1, 2020, and existing provisions of the City of Carlsbad
Municipal Code are inconsistent with the new law provisions; and
WHEREAS, California Government Code Section 65915(a) requires that all cities adopt an
ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, staff has prepared a Zone Code Amendment ZCA 2020-0001 and Local Coastal
Program Amendment LCPA2020-0005 pursuant to Chapter 21.52 of the Carlsbad Municipal Code,
Section 30514 of the Public Resources Code, and Section 13551 of California Code of Regulations Title
14, Division 5.5; and,
WHEREAS, the Carlsbad Zone Code is the implementing ordinance of the Carlsbad Local Coastal
Program, and therefore, an amendment to the Zone Code also constitutes an amendment to the Local
Coastal Program; and
WHEREAS, pursuant to California Coastal Commission Regulations, a six-week public review
period for the Local Coastal Program Amendment began on May 15, 2020 and ended on June 26, 2020;
and
Sept. 15, 2020 Item #6 Page 3 of 15
WHEREAS, on May 20, 2020, the Airport Land Use Commission reviewed and found the proposed
Zone Code Amendment consistent with the adopted McClellan-Palomar Airport Land Use Compatibility
Plan; and
WHEREAS, on June 17, 2020, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZCA 2020-0001/LCPA 2020-0005; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7373
recommending to the City Council that ZCA 2020-0001/LCPA 2020-0005 be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed
by law to consider ZCA 2020-0001/LCPA 2020-0005; 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 2020-0001/LCPA 2020-0005; and
NOW THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. The findings of the Planning Commission in Planning Commission Resolution No.
7373 shall also constitute the findings of the City Council.
3. Chapter 21.86 of the Carlsbad Municipal Code is hereby repealed and replaced to
read as follows:
Chapter 21.86 DENSITY BONUS
21.86.010 Purpose.
The public good is served when there exists in a city, housing which is appropriate for the needs of and
affordable to the public who reside within that city. There is in the City of Carlsbad a need for housing
affordable to various groups, such as lower income, moderate income and senior citizen households.
Therefore, it is in the public interest for the city to promote the construction of such additional housing
through the exercise of its powers and utilization of its resources to facilitate the development of quality
housing affordable for these types of households.
A. It is the purpose of this section to specify how compliance with Government Code Section 65915
et seq. ("State Density Bonus Law") will be implemented, as required by Government Code
Section 65915, subdivision (a).
B. It is the purpose of this section to implement the goals, objectives and policies of the Housing
Element of the city's General Plan.
Sept. 15, 2020 Item #6 Page 4 of 15
C. It is the purpose of this section to provide the implementing framework, as it relates to affordable
housing density bonuses, and offer concessions and incentives for eligible housing developments
which are consistent with the city's long-standing commitment to provide for affordable housing.
21.86.020 Definitions.
The definitions found in State Density Bonus Law shall apply to the terms contained in this section.
21.86.030 Applicability.
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and
other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and
agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors,
transitional foster youth, disabled veterans, homeless persons, and lower income students in the
threshold amounts specified in State Density Bonus Law. A housing development includes only the
residential component of a mixed-use project. A commercial development as defined in Section
21.86.110 shall be eligible for a commercial development bonus as provided in Section 21.86.110.
The granting of a density bonus, incentive or concession, pursuant to this section, shall not be
interpreted, in and of itself, to require a general plan amendment, development code amendment, zone
change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance
unrelated to development standards.
21.86.040 Application Requirements.
A. Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or
commercial development bonus provided by State Density Bonus Law shall submit a density
bonus report as described below concurrently with the filing of the planning application for the
first discretionary permit required for the housing development, commercial development, or
mixed-use development. The requests contained in the density bonus report shall be processed
concurrently with the planning application. The applicant shall be informed whether the
application is complete consistent with California Government Code Section 65943.
B. The density bonus report shall include the following minimum information:
1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the
zoning and general plan excluding any density bonus units, proposed affordable
units by income level, proposed bonus percentage, number of density bonus units
proposed, total number of dwelling units proposed on the site, and resulting
density in units per acre.
Sept. 15, 2020 Item #6 Page 5 of 15
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number
and location of all proposed units, designating the location of proposed affordable
units and density bonus units.
c. The zoning and general plan designations and assessor's parcel number(s) of the
housing development site.
d. A description of all dwelling units existing on the site in the five-year period
preceding the date of submittal of the application and identification of any units
rented in the five-year period. If dwelling units on the site are currently rented,
income and household size of all residents of currently occupied units, if known.
If any dwelling units on the site were rented in the five-year period but are not
currently rented, the income and household size of residents occupying dwelling
units when the site contained the maximum number of dwelling units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that
restricted rents to levels affordable to very-low or lower income households in the
five-year period preceding the date of submittal of the application.
f. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and reasonable documentation that each of the
requirements included in California Government Code Section 65915, subdivision
(g) can be met.
2. Requested Concession(s) or Incentive(s).
In the event an application proposes concessions or incentives for a housing development
pursuant to State Density Bonus Law, the density bonus report shall include the following
minimum information for each incentive requested, shown on a site plan if appropriate:
a. The City's usual development standard and the requested development standard
or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive,
reasonable documentation to show that any requested incentive will result in
identifiable and actual cost reductions to provide for affordable housing costs or
rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that
nonresidential land uses will reduce the cost of the housing development, that the
nonresidential land uses are compatible with the housing development and the
existing or planned development in the area where the proposed housing
development will be located, and that mixed-use zoning will provide for affordable
housing costs or rents.
Sept. 15, 2020 Item #6 Page 6 of 15
3. Requested Waiver(s).
In the event an application proposes waivers of development standards for a housing
development pursuant to State Density Bonus Law, the density bonus report shall include
the following minimum information for each waiver requested on each lot, shown on a
site plan if appropriate:
a. The City's usual development standard and the requested development standard.
b. Reasonable documentation that the development standards for which a waiver is
requested will have the effect of physically precluding the construction of a
development at the densities or with the concessions or incentives permitted by
California Government Code Section 65915.
4. Requested Parking Reduction.
In the event an application proposes a parking reduction for a housing development
pursuant to California Government Code Section 65915, subdivision (p), a table showing
parking required by the zoning regulations, parking proposed under Section 65915,
subdivision (p), and reasonable documentation that the project is eligible for the
requested parking reduction.
5. Child Care Facility.
If a density bonus or incentive is requested for a child care facility in a housing
development, reasonable documentation that all of the requirements included in
California Government Code Section 65915, subdivision (h) can be met.
6. Condominium Conversion.
If a density bonus or incentive is requested for a condominium conversion, reasonable
documentation that all of the requirements included in California Government Code
Section 65915.5 can be met.
Commercial Development Bonus.
If a commercial development bonus is requested for a commercial development, the
application shall include the proposed partnered housing agreement and the proposed
commercial development bonus, as defined in Section 21.86.110, and reasonable
documentation that each of the standards included in Subsection 21.86.110(C) has been
met.
Sept. 15, 2020 Item #6 Page 7 of 15
8. Fee.
Payment of any fee in an amount set by resolution of the City Council for staff time
necessary to determine compliance of the Density Bonus Plan with State Density Bonus
Law.
21.86.050 Density Bonus.
All calculations are rounded up for any fractional numeric value in determining the total number of units
to be granted, including base density and bonus density as well as the resulting number of affordable
units needed for a given density bonus project.
A. If a housing development qualifies for a density bonus under more than one income category, or
additionally as a senior citizen housing development as defined in Chapter 21.84 and State
Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans,
homeless persons, or lower income students, the applicant shall identify the categories under
which the density bonus would be associated and granted. Density bonuses from more than one
category can be combined up to the maximum allowed under State Density Bonus law.
B. The density bonus units shall not be included in determining the number of affordable units
required to qualify a housing development for a density bonus pursuant to State Density Bonus
Law.
C. The applicant may elect to accept a lesser percentage of density bonus than the housing
development is entitled to, or no density bonus, but no reduction will be permitted in the
percentages of required affordable units contained in California Government Code Section
65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing
development shall be entitled to a density bonus of more than what is authorized under State
Density Bonus Law.
21.86.060 Incentives.
A. Incentives include incentives and concessions as defined in State Density Bonus Law. The number
of incentives that may be requested shall be based upon the number the applicant is entitled to
pursuant to State Density Bonus Law.
B. Nothing in this section requires the provision of direct financial incentives for the housing
development, including, but not limited to, the provision of financial subsidies, publicly owned
land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may
choose to provide such direct financial incentives.
Sept. 15, 2020 Item #6 Page 8 of 15
21.86.070 Local Coastal Program Consistency.
A. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter
or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources
Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive
shall not be interpreted, in and of itself, to require a local coastal plan amendment.
B. For development within the coastal zone, any requested density bonus, incentive(s), waiver(s),
parking reduction(s), or commercial development bonus shall be consistent with all applicable
requirements of the certified Carlsbad Local Coastal Program, with the exception of density.
21.86.080 Review Procedures.
All requests for density bonuses, incentives, parking reductions, waivers, or commercial development
bonuses shall be considered and acted upon by the approval body with authority to approve the
development within the timelines prescribed by California Government Code Section 65950 et seq., with
right of appeal to the City Council.
A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing
Development. To ensure that an application for a housing development conforms with the
provisions of State Density Bonus Law and the Coastal Act, the staff report presented to the
decision-making body shall state whether the application conforms to the following
requirements of state law as applicable:
1. The housing development provides the affordable units or senior housing required by
State Density Bonus Law to be eligible for the density bonus and any incentives, parking
reduction, or waivers requested, including the replacement of units rented or formerly
rented to very-low and low income households as required by California Government
Code Section 65915, subdivision (c)(3).
2. Any requested incentive will result in identifiable and actual cost reductions to provide
for affordable housing costs or rents; except that, if a mixed-use development is
requested, the application must instead meet all of the requirements of California
Government Code Section 65915, subdivision (k)(2).
3. The development standards for which a waiver is requested would have the effect of
physically precluding the construction of a development at the densities or with the
concessions or incentives permitted by California Government Code Section 65915.
4. The housing development is eligible for any requested parking reductions under California
Government Code Section 65915, subdivision (p).
5. If the density bonus is based all or in part on donation of land, all of the requirements
included in California Government Code Section 65915, subdivision (g) have been met.
Sept. 15, 2020 Item #6 Page 9 of 15
6. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, all of the requirements included in California Government Code Section 65915,
subdivision (h) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of affordable units
as part of a condominium conversion, all of the requirements included in California
Government Code Section 65915.5 have been met.
8. If the housing development is in the coastal zone, the requested density bonus and any
requested incentive(s), waiver(s), or parking reduction(s) are consistent with all
applicable requirements of the certified Carlsbad Local Coastal Program, with the
exception of density.
B. If a commercial development bonus is requested for a commercial development, the decision-
making body shall make a finding that the development complies with all of the requirements
of Subsection 21.86.110(C), that the city has approved the partnered housing agreement, and
that the commercial development bonus has been mutually agreed upon by the city and the
commercial developer. If the project is in the coastal zone, the decision-making body shall also
find that the commercial development bonus is consistent with all applicable requirements of
the certified Carlsbad Local Coastal Program, with the exception of density.
C. The decision-making body shall grant an incentive requested by the applicant unless it makes a
written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to
provide for affordable housing costs, as defined in California Health and Safety Code
Section 50052.5, or for affordable rents, as defined in California Health and Safety Code
Section 50053; or
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon public health or safety
or the physical environment or on any real property that is listed in the California Register
of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the housing development unaffordable to
low and moderate income households. For the purpose of this subsection, specific
adverse impact means a significant, quantifiable, direct, and unavoidable impact, based
on objective, identified, written public health or safety standards, policies, or conditions
as they existed on the date that the application for the housing development was deemed
complete.
D. The decision-making body shall grant the waiver of development standards requested by the
applicant unless it makes a written finding, based upon substantial evidence, of any of the
following:
Sept. 15, 2020 Item #6 Page 10 of 15
1. The proposed waiver would be contrary to state or federal law; or
2. The proposed waiver would have an adverse impact on any real property listed in the
California Register of Historic Resources; or
3. The proposed waiver would have a specific, adverse impact upon public health or safety
or the physical environment, and there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact without rendering the housing development
unaffordable to low and moderate income households. For the purpose of this
subsection, specific adverse impact means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the application for the
housing development was deemed complete.
E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is
approved pursuant to this chapter, the applicant shall enter into an affordable housing
agreement or senior housing agreement with the city pursuant to Section 21.86.090.
21.86.090 Affordable Housing Agreement and Senior Housing Agreement.
A. Affordable Housing Agreement. Except where a density bonus, incentive, waiver, parking
reduction, or commercial development bonus is provided for a market-rate senior housing
development, the applicant shall enter into an affordable housing agreement with the city, in a
form approved by the city attorney, to be executed by the city manager, to ensure that the
requirements of this section are satisfied. The affordable housing agreement shall guarantee the
affordability of the affordable units for a minimum of 55 years or a longer period of time if
required by the construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program; shall identify the type, size and location of each affordable
unit; and shall specify phasing of the affordable units in relation to the market-rate units.
B. Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for
a market-rate senior housing development, the applicant shall enter into a restrictive covenant
with the city, running with the land, in a form approved by the city attorney, to be executed by
the city manager, to require that the housing development be operated as "housing for older
persons" consistent with state and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded
against the housing development prior to final or parcel map approval, or, where a map is not
being processed, prior to issuance of building permits for the housing development. The
affordable housing agreement or senior housing agreement shall be binding on all future owners
and successors in interest.
D. The affordable housing agreement shall include, but not be limited to, the following:
1. The number of density bonus dwelling units granted;
Sept. 15, 2020 Item #6 Page 11 of 15
2. The number and type of affordable dwelling units
3. The unit size(s) (square footage) of target dwelling units and the number of bedrooms per
target dwelling unit;
4. The proposed location of the affordable dwelling units;
5. Schedule for production of affordable dwelling units;
6. Incentives or concessions or waivers provided by the city;
7. Where applicable, tenure and conditions governing the initial sale of the affordable units;
8. Where applicable, tenure and conditions establishing rules and procedures for qualifying
tenants, setting rental rates, filling vacancies, and operating and maintaining units for
affordable rental dwelling units
9. Marketing plan; publication and notification of availability of affordable units;
10. Compliance with federal and state laws;
11. Prohibition against discrimination;
12. Indemnification;
13. City's right to inspect units and documents;
14. Remedies.
21.86.100 Design and Quality.
A. The city may not issue building permits for more than 50 percent of the market rate units until it
has issued building permits for all of the affordable units, and the city may not approve any final
inspections or certificates of occupancy for more than 50 percent of the market rate units until
it has issued final inspections or certificates of occupancy for all of the affordable units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction
to market rate units in the same housing development. Interior finishes and amenities may differ
from those provided in the market rate units, but neither the workmanship nor the products may
be of substandard or inferior quality as determined by the city.
C. The number of bedrooms of the affordable units shall at least equal the minimum number of
bedrooms of the market rate units.
21.86.110 Commercial Density Bonus.
A. The following definitions shall apply to Commercial Density Bonus:
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1. "Commercial development" means a development project for nonresidential uses.
2. "Commercial development bonus" means a modification of development standards
mutually agreed upon by the city and a commercial developer and provided to a
commercial development eligible for such a bonus under Subsection 21.86.110(C).
Examples of a commercial development bonus include an increase in floor area ratio,
increased building height, or reduced parking.
3. "Partnered housing agreement" means an agreement approved by the city between a
commercial developer and a housing developer identifying how the commercial
development will provide housing available at affordable ownership cost or affordable
rent consistent with Subsection 21.86.110(C). A partnered housing agreement may
consist of the formation of a partnership, limited liability company, corporation, or other
entity recognized by the state in which the commercial developer and the housing
developer are each partners, members, shareholders, or other participants, or a contract
between the commercial developer and the housing developer for the development of
both the commercial development and the housing development.
B. When an applicant proposes to construct a commercial development and has entered into a
partnered housing agreement approved by the city, the city shall grant a commercial
development bonus mutually agreed upon by the developer and the city. The commercial
development bonus shall not include a reduction or waiver of fees imposed on the commercial
development to provide for affordable housing.
C. The requirements for commercial development bonus are as follows, which also be described in
the partnered housing agreement:
1. The housing development shall be located either: (A) on the site of the commercial
development; or (B) on a site within the city that is within one-half mile of a major transit
stop and is located in close proximity to public amenities, including schools and
employment centers.
2. At least 30 percent of the total units in the housing development shall be made available
at affordable ownership cost or affordable rent for low-income households, or at least 15
percent of the total units in the housing development shall be made available at
affordable ownership cost or affordable rent for very low-income households.
3. The commercial developer must agree either to directly build the affordable units; donate
a site consistent with subparagraph 1 above for the affordable units; or make a cash
payment to the housing developer for the affordable units.
D. Any approved partnered housing agreement shall be described in the city's Housing Element
annual report as required by California Government Code Section 65915.7, subdivision (k).
Sept. 15, 2020 Item #6 Page 13 of 15
21.86.120 Interpretation.
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state
law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent
with State Density Bonus Law.
21.86.130 Inclusionary housing.
All housing development projects are required to provide affordable housing units in accordance with
Chapter 21.85, Inclusionary Housing, of this title. If an applicant seeks to construct affordable housing
to qualify for a density bonus in accordance with the provisions of this chapter, those affordable
dwelling units provided to meet the inclusionary requirement established pursuant to Chapter 21.85 of
this title shall be counted toward satisfying the density bonus requirements of this chapter.
21.86.140 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the
remainder of the chapter and the application of the provision to other persons not similarly situated or
to other circumstances shall not be affected. (Ord. CS-102 § CXVI, 2010; Ord. NS-794 § 11, 2006)
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES OUSTIDE THE COASTAL ZONE:
This ordinance shall be 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.
EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES INSIDE THE COASTAL ZONE:
This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval of
LCPA 2020-0005, whichever occurs later; 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.
Sept. 15, 2020 Item #6 Page 14 of 15
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 1st day
of September, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 15th day of September, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
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CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City lerk
(SEAL)
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