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Home My WebLink About2017-07-19; Planning Commission; ; ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y-0015) – PROHIBITED USES CLARIFICATION AMENDMENT The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: July 19, 2017 Project Planner: Corey Funk Project Engineer: N/A SUBJECT: ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y-0015) – PROHIBITED USES CLARIFICATION AMENDMENT – Request for a recommendation of approval of amendments to the Zoning Code, Local Coastal Program and Village Master Plan and Design Manual to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village Master Plan and Design Manual. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7252 RECOMMENDING APPROVAL of a Zoning Code amendment ZCA 2017-0002, Local Coastal Program amendment LCPA 2017- 0003 and Village Master Plan and Design Manual Amendment AMEND 2017-0006, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is a city-initiated Zoning Code Amendment, Local Coastal Program Amendment and Village Master Plan and Design Manual amendment; consisting of amendments to the text of the Zoning Code and the Village Master Plan and Design Manual. With regard to the Local Coastal Program (LCP), the Zoning Code is the LCP implementing ordinance for land use activities within the Coastal Zone. Additionally, the Village Master Plan and Design Manual constitutes the LCP for the Village segment of the Coastal Zone; therefore an LCP amendment is necessary. With respect to regulating land use in Carlsbad, the city’s Zoning Code (Carlsbad Municipal Code Title 21) is “permissive”, meaning that all uses not expressly allowed in the Zoning Code are prohibited. Other portions of the Municipal Code also regulate or prohibit certain activities, examples of which include: cardrooms (Chapter 5.12), retail sales of dogs and cats (Chapter 7.16), camping on public property (Chapter 8.36) and mini-satellite wagering (Chapter 8.80). This proposal (ZCA 2017-0002/ LCPA 2017- 0003/ AMEND 2017-0006) to amend the Zoning Code and Village Master Plan and Design Manual will clarify that actions prohibited elsewhere in the Municipal Code are also prohibited as land uses, and reinforce consistency between the land use provisions in Title 21 and regulated activities found elsewhere in the municipal code. 2 ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB 17Y-0015) – PROHIBITED USES CLARIFICATION AMENDMENT July 19, 2017 Page 2 III. ANALYSIS The proposed Zoning Ordinance amendment is consistent with the General Plan in that the proposed amendments do not conflict with any goal, objective, or policy of the General Plan. The amendment is also consistent with other provisions of the Zoning Ordinance and Village Master Plan and Design Manual not being amended. Its intent is simply to remove ambiguity and reduce the potential for confusion as to how activities prohibited by other provisions of the Municipal Code relate to the land use regulations of the Zoning Code. Local Coastal Program Amendment LCPA 2016-0001 is required to bring it into consistency with ZCA 2016- 0001. The proposed LCP amendment meets the requirements of, and is in conformity with, with the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad LCP not being amended by this amendment. The amendments ensure consistency with the Carlsbad Zoning Code, and do not conflict with any regulation, land use designations or policies, with which development must comply. The proposed amendments to the Zoning Code and Village Master Plan and Design Manual are presented in strikeout/underline format in Attachment 2. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(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 are also prohibited in the zoning ordinance 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. ATTACHMENTS: 1. Planning Commission Resolution No. 7252 a. Exhibit A: Ordinance of proposed text changes to the Zoning Code (Title 21) b. Exhibit B: Proposed text changes to the Village Master Plan and Design Manual 2. Strikeout and Underline of the draft Zoning Code Amendment and Village Master Plan and Design Manual Amendment ATTACHMENT 2 Strikeout and Underline of the draft Zoning Code Amendment and Village Master Plan and Design Manual Amendment Amendments to Carlsbad Municipal Code Title 21 – Zoning 1. Section 21.05.080 is proposed to be 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. Amendments to the Carlsbad Village Master Plan and Design Manual 2. Page 42, under Allowable Land Uses, the General Notes are proposed to be 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. Actions prohibited in the Carlsbad Municipal Code are also prohibited as land uses under the Village Master Plan and Design Manual.