HomeMy WebLinkAbout2010-05-05; Planning Commission; ; GPA 10-01|LCPA 10-01|ZCA 10-02 - VILLAGE AREA TITLE AMENDMENTThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 5, 2010
ItemNo. 0
Application complete date: NIA
Project Planner: Corey Funk
Project Engineer: N/ A
SUBJECT: GPA 10-01/LCPA 10-01/ZCA 10-02 -VILLAGE AREA TITLE
AMENDMENT -A request for a recommendation of approval for a General
Plan Amendment, Local Coastal Program Amendment and Zone Code
Amendment to make minor amendments to correct titles related to the expiration
of the Village Redevelopment Plan.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6691, 6692, and
6693, RECOMMENDING APPROVAL of GPA 10-01, LCPA 10-01 and ZCA 10-02, based
on the findings contained therein.
II. INTRODUCTION
This proposal is City-initiated and consists of: (1) amendments to the text of the General Plan
Land Use Element, Local Coastal Program and Zoning Ordinance to correct terminology related
to the Village area; and 2) amendments to the Zoning Map, LCP Land Use Plan map and LCP
Zoning Map to remove the term "redevelopment" from references to the Village area. All
proposed changes relate to the expiration of the Village Redevelopment Plan and consist only of
title corrections.
III. PROJECT DESCRIPTION AND BACKGROUND
On June 23, 2009, to address the expiration of the Village redevelopment plan (scheduled to
expire on July 21, 2010, the City Council approved amendments to the Village Master Plan and
Design Manual, Zoning Ordinance, LCP, and General Plan (RP/LCPA 95-l0(A)xl/ZCA 95-
l0(A)xl/MCA 95-01 (A)xl/GPA 09-03). Among other items, the June 2009 amendments
changed the titles of the applicable Village area zoning district and LCP segment by removing
the term "redevelopment". The current proposed amendment (Village Area Title Amendment -
GP A 10-01/LCP A 10-01/ZCA 10-02) consists of correcting title references related to the Village
area that were not amended by the earlier action. Also included is an unrelated amendment to
the General Plan to revise outdated wording which describes the permit authority in the various
LCP segments. No changes to policy, programs or processes are proposed, and the map changes
do not alter existing regulations or land use/zoning designations affecting any property in the
City.
GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS
MAY 5, 2010
PAGE2
IV.
A.
ANALYSIS
Purpose and Description of Proposed Amendments
When the Village redevelopment plan expires, certain terms related to the Village
"redevelopment" area will no longer be relevant. Any reference to Village "redevelopment"
should be amended to delete the term "redevelopment". In addition, the Design Review Board's
authority was transferred to the Planning Commission when the redevelopment plan was
originally scheduled to expire on July 21, 2009; therefore, any reference to the Design Review
Board should be deleted. The amendments approved by City Council in June 2009 ( described
above) amended the majority of references related to the Village "redevelopment" area.
However, a few references were inadvertently not amended, which comprise the purpose of this
amendment. Table I summarizes the proposed amendments and indicates which attached
documents to refer to for more information.
Amended
Document
General
Plan Land
Use
Element
LCP Land
Use Plan
TABLEI
SUMMARY OF AMENDMENTS
Summary of Amendments
Section 11.C.3.d (description of the Village (V) land use
classification) -change the existing reference to the "Village
Master Plan" to "Village Master Plan and Design Manual" to
reflect the correct title of the document
Section II.D.3 (Special Planning Considerations -Coastal
Zone Programs) -delete reference to "Redevelopment
segment" to remove the outdated segment name
Section II.D.3 (Special Planning Considerations -Coastal
Zone Programs) -revise outdated wording to reflect the
current coastal zone permit authority status: California
Coastal Commission maintains permit authority in the Agua
Hedionda LCP segment and the City maintains permit
authority in the remaining five LCP segments.
Map 4 (Local Coastal Program Boundary)-change the title
of the LCP segment applicable to the Village from "Village
Redevelopment" to "Village Area")
Introduction (Section D. History) -indicate that the Village
Redevelopment Plan will expire on July 21, 2010 and the
title of the "Village Area Redevelopment" segment has been
changed to "Village Area" segment
Refer to these
attachments for
more information
Attachment 1
(Exhibit X-1)
&
Attachment 4
(strike-
out/underline)
Attachment 1
(Exhibit X-2)
&
Attachment 5
(strike-
out/underline)
Attachment 1
(Exhibit X-2)
&
Attachment 5
(strike-
out/underline)
Attachment 1
(Exhibit X-3)
Attachment 2
(Exhibit Y-1)
&
Attachment 6
(strike-
out/underline)
GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS
MAY 5, 2010
PAGE3
TABLE I
SUMMARY OF AMENDMENTS CONTINUED
Amended Ref er to these
Summary of Amendments attachments for Document more information
LCP Land Introduction (Exhibit -LCP Segment Boundaries) -delete
Use Plan, the term "redevelopment" from the title of the LCP segment Attachment 2
Cont'd. applicable to the Village (replace with the title "Village (Exhibit Y-2)
Area")
LCP Land Change the land use designation title of the "Village Attachment 2 Use Plan
Map Redevelopment Area" to "Village" (Exhibit Y-3)
LCP Change the zoning designation title of the "Village Attachment 2 Zoning
Map Redevelopment Zone" to "Village Review Zone" (Exhibit Y-4)
Change references to the "Village Redevelopment Zone" to Attachment 3
"Village Review Zone" (Exhibit Z-1/ Draft
Zoning Change references to the "Village Redevelopment Master Ordinance)
& Ordinance Plan" to "Carlsbad Village Master Plan and Design Manual" Attachment 7 to reflect the correct title of the document (strike-
Delete references to the "Design Review Board" out/underline)
Zoning Change the title of the "Village Redevelopment Zone" to Attachment 3
Map "Village Review Zone" (Exhibit Z-2)
B. General Plan, Zoning Ordinance and Local Coastal Program Consistency
The proposed amendments are minor and only involve title or reference changes and provide
clarification. No changes to development standards, policies or programs are proposed.
Therefore, the proposed amendments do not create any conflicts with the provisions of the
General Plan, Local Coastal Program, or Zoning Ordinance.
V. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061 (b )(3 ), 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."
Changing the title of a zoning district and Local Coastal Program segment will not result in a
significant effect on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 6691 (GPA)
2. Planning Commission Resolution No. 6692 (LCPA)
3. Planning Commission Resolution No. 6693 (ZCA)
4. Strikeout/underline version of the proposed General Plan Section 11.C.3.d text
amendment
GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS
MAY 5, 2010
PAGE4
5. Strikeout/underline version of the proposed General Plan Section II.D.3 text amendment
6. Strikeout/underline version of the proposed Local Coastal Program text amendment
7. Strikeout/underline version of the proposed Zoning Ordinance text amendment
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PLANNING COMMISSION RESOLUTION NO. 6691
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN TO MAKE MINOR
AMENDMENTS TO CORRECT TITLES RELATED TO THE
EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN.
CASE NAME: VILLAGE AREA TITLE AMENDMENT
CASE NO: GPA 10-01
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
with the City of Carlsbad; and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibits "X-1", "X-2", and "X-3" dated May 5, 2010, attached hereto
and on file in the Carlsbad Planning Department, VILLAGE AREA TITLE AMENDMENT-
GPA 10-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 5, 2010, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A)
B)
Findings:
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT
-GPA 10-01, based on the following findings:
1. The proposed amendment is necessary to facilitate expiration of the Village
Redevelopment Plan and ensure consistency with the Carlsbad Zoning Ordinance
and Local Coastal Program.
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2. The proposed amendment does not affect or conflict with any General Plan
regulations, land use designations or policies with which development must comply.
3. The proposed amendment is consistent with applicable plans, maps ordinances and
other related documents as described in the Planning Commission Report dated
May 5, 2010.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 5, 2010, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
~~ FA~ OuGLAS~
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6691 -2-
Land Use Element
access. Landscaped buffers should be provided
around the project site between neighborhood
commercial uses and other uses to ensure
compatibility. All buildings should be low-rise
and should include architectural/design features
to be compatible with the neighborhood.
Permitted uses and building intensities should
be compatible with surrounding land uses.
b. Regional Commercial (R): Regional
commercial centers provide shopping goods,
general merchandise, automobile sales, apparel,
furniture, and home furnishing in full depth and
variety. Two or more department stores are
typically the major anchors of a regional
shopping center, while other stores supplement
and complement the various department store
lines. New forms of regional centers may include
such developments as outlet centers with an
aggregation of factory outlet stores where there
are no specific anchor tenants although such
centers are regional and enjoy a strong tourist
trade. Regional centers draw customers from
outside the City and generate interregional
traffic. For this reason, such centers are
customarily located on a site that is easily visible
as well as accessible from interchange points
between highways and freeways. Local
shopping centers may be adjunct to regional
centers to also serve the daily convenience
needs of customers utilizing the larger shopping
center. A group of convenience stores, service
facilities, business and professional offices are
also often associated with a regional center.
Some of these may be incorporated in the
center itself, or arranged at the periphery in the
immediate area.
c. Travel/Recreation Commercial (TR): This
land use category designates areas for visitor
attractions and commercial uses that serve the
travel and recreational needs of tourists,
residents, as well as employees of business and
industrial centers. Such uses may include, but
are not limited to, hotels and motels,
restaurants, recreation facilities, museums,
travel support services, and specialty retail uses
catering to tourists. Travel/recreation
commercial uses are generally located near
major transportation corridors or recreational
and resort areas such as spas, hotels, beaches
or lagoons. Travel/recreation commercial uses
Amended June 23, 2009
Exhibit X-1
May 5, 2010
should be compatible with and designed to
protect surrounding properties, should ensure
safe traffic circulation and should promote
economically viable tourist-oriented areas of the
City.
d. Village (V): The Village addresses land uses
located in the heart of "old" Carlsbad in the area
commonly referred to as the "downtown."
Permitted land uses may include retail stores,
offices, financial institutions, restaurants and
tourist-serving facilities. Residential uses can
be intermixed throughout the area. The Village
Area is regulated by the Carlsbad Village Master
Plan and Design Manual.
e. Office and Related Commercial (0): This
classification designates areas that are
compatible with and environmentally suited for
office and professional uses, as well as related
commercial uses. This designation is. especially
appropriate for medical office use. Office and
related commercial land use can be used as
buffers between retail commercial areas and
residential uses.
4. PLANNED INDUSTRIAL (Pl)
Planned Industrial land uses include those areas
currently used for, proposed as, or adjacent to
industrial development, including manufacturing,
warehousing, storage, research and develop-ment,
and utility use. Agricultural and outdoor recreation
uses on lots of one acre or more are considered to
be a proper interim use for industrially designated
areas.
5. GOVERNMENTAL FACILITIES (G)
This classification of land use designates areas
currently being used for major governmental facilities
by agencies such as the city, county, state, or
federal government. Facilities within this category
may include uses such as civic buildings, libraries,
maintenance yards, police and fire stations and
airports (McClellan-Palomar Airport). Smaller
facilities, such as branch libraries, may be found in
other land use designations, such as commercial,
and are not shown on the land use map.
Page 19
Exhibit X-2
May 5, 2010
City of Carlsbad General Plan Land Use Element, Section 11.D.3 (Special Planning
Considerations -Coastal Zone Programs) is proposed to be amended as follows:
3. COASTALZONEPROGRAMS
In 1972, California voters approved Proposition 20 which led to the enactment of the State law
(California Coastal Act of 1976) which regulates any development within California's Coastal
Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs
(LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is
consistent with the General Plan, but it is a separate document containing separate land use
policies and implementation measures which must also be complied with in addition to the
General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's
coastal zone has been divided into six segments and each segment is regulated by separate
LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal
Zone which were established by the State are depicted on the Land Use Map.
Almost every conceivable type of development proposal within the Coastal Zone from removal
of natural vegetation to the construction of huge master planned communities requires the
approval of a Coastal Development Permit (CDP) in addition to any other permits or
entitlements. The land use policies, programs and regulations of the relevant LCP shall be
referred to in addition to the General Plan, the Municipal Code and other pertinent regulations
for guiding land use and development within the Coastal Zone. The California Coastal
Commission currently retains Coastal Development Permit authority in the Agua Hedionda
Segment. In the remaining five segments, the City has the authority to issue Coastal
Development Permits.
In those circumstances where an issue is not addressed by the Local Coastal Program Land
Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development
permit, or exemption may be granted unless the project considered is found by the appropriate
authority to be consistent with the City of Carlsbad General Plan. In those circumstances where
an issue is addressed by both the Local Coastal Program Land Use Plan and the City of
Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail.
Land Use Element
Local Coas1aI Program 6oundary
Amended June 23, 2009
---------··1
u
Exhibit X-3
May 5, 2010
Page 25
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PLANNING COMMISSION RESOLUTION NO. 6692
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO MAKE MINOR
AMENDMENTS TO CORRECT TITLES RELATED TO THE
EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN.
CASE NAME: VILLAGE AREA TITLE AMENDMENT
CASE NO: LCPA 10-01
WHEREAS, California State law reqmres that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application
for an amendment to the Local Coastal Program; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibits "Y-1," "Y-2," "Y-3," and "Y-4" dated May 5,
2010, attached hereto, and as shown on Exhibit "Z-1" dated May 5, 2010, attached to Planning
Commission Resolution No. 6693, as provided in Public Resources Code Section 30514 and
Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the Planning Commission did on May 5, 2010, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
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B)
C)
At the end of the State-mandated six-week review period, starting on April 9,
2010 and ending on May 21, 2010, staff shall present to the City Council a
summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT
-LCPA 10-01 based on the following findings:
Findings:
1.
2.
That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
amendment ensures consistency with the Carlsbad General Plan and Zoning
Ordinance, and does not conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring
it into consistency with the proposed General Plan Amendment (GPA 10-01) and
Zone Code Amendment (ZCA 10-02).
PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6692 -2-
Land Use -Introduction
Exhibit Y-1
May 5, 2010
Chapter I.
the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda
land use plan was prepared by the City and approved by the Coastal Commission on July 1,
1982.
Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of
issues and conflicts between the City and Commission over the years. These segments cover
a good portion of the city's coastal zone and contain substantial amounts of undeveloped
property. Among those issues which surfaced in the preparation of the LCPs were
preservation of agricultural lands, protection of steep sloping hillsides and erosion control.
The City found the policies of the certified Mello I and II segments regarding preservation of
agriculture and steep sloping hillsides to be unacceptable. Following the certification of
Mello I and II, the City pursued negotiations with the Commission through a City Council-
formed special committee comprised of Commission staff and City officials to resolve issues.
In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985)
which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone.
In the summer of 1985, the City submitted two amendment requests to the Commission and,
in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II
segments. These major amendments to the LCP involved changes to the agricultural
preservation, steep slope and housing protection policies of the Mello I and II segments.
After certification of these amendments, the City adopted the Mello I and II LCP segments
and began the process of preparing documents for "effective" certification of the entire LCP.
The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a
coastal development permit for a project comprising the majority of the uplands within that
segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project
served as the LCP implementing ordinances.
The plan area of the Village Area segment (previously titled "Village Area Redevelopment"
segment) was formerly part of the Mello II segment. In August 1984, the Commission
approved the segmentation of this 100 acre area from the remainder of the Mello II LCP
segment and, at the same time, approved the submitted land use plan for the area. In March of
1988, the Commission approved the Implementation Program for the Village Area
Redevelopment segment. The City assumed permit authority for this segment on December
14, 1988. In November 2009, the title of this segment was changed to the "Village Area"
segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan;
however, the boundaries and policies affecting this segment are unchanged.
The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original
Mello I area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An
area of the segment known as Green Valley, south of the lagoon, the lagoon and the
immediate north shore were previously part of the County of San Diego LCP (uncertified).
All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the
subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The
segment was certified by the Commission (land use and master plan as implementing
ordinances) in March of 1988.
City of Carlsbad 4 Local Coastal Program
Land Use -Introduction
SEGMENT
mnrn MEI.LO t
§ WEllO II ~-----------~ ¥ t L 8 PM EH TARE• VILLAGE~
-AGUA HEOfOND:A I.A.GOON
~ "'EST OATlQVl'l'OS vooo~
City of Carlsbad 5
Exhibit Y-2
May 5, 2010
Chapter/
Local Coastal Program
LCPA 10-01 (LCP Land Use Map)
Village Area Title Amendment
~ Government::al Facilities
~OponSpaco
~ Non-Re5ident1al Reserve
~ Transportation Corridor
~ Governmental facllit~.s
~Open Space
~ Tr:wel Services CommEtf'cl:»I
~ Reoreotion Commercial
~ge Redovetopment ~
~ General Commercial
0 Regional Commercial
~ TraveVRecreation Commu,olaJ
EXISTING
~ Travel Services Commeroia!
~ Recreation Commrm::ial
~ ~ Non-Residential Reserve
r--::7 ~ General Commercial L.!£J Tr;,nsport.:ltion Corridor • 0 Region::il Commercbl
§] TravellRecreaUon Commercial
PROPOSED
~ Agricultur.1l!Residenti:1I (
~ Unplanned Area&
~ AgrlculturollRes.identlol (
~ Unplanned Areas.
Exhibit Y-3
May 5, 2010
LCPA 10-01 (LCP Zoning Map)
Village Area Title Amendment
EJ Multiple-Family Residential Zone ~ Looal Shopping Canter Zone
~ Residenti.iil Density-Multiple Zone [§J lndustri.:111 Zone
~ Re&ldential Mobile Home Park Zone: EJ Phillnned Industrial Zone
EJ Residential Profession.al Zane
~ Ro&identiaf Touri•t Zone ~ Public UIIUly Zone
~ Rea.idential Waterway Zone ~ Planned Community Zone
EXISTING
8 Resident~! Density-Multiple Zone 0 lndustri~IZone
§3 Residential Mobile Home Park Zone ~ Planned Ind us trial Zone
8 Residential Professicnal Zone
8 Residential Tourist Zone EJ Public Utility Zone
~ Residenti.;11 Waterway Zone ~ Planned Community Zone
8 Open Space Zone a Limited Control Zone
PROPOSED
Exhibit Y-4
May 5, 2010
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PLANNING COMMISSION RESOLUTION NO. 6693
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO MAKE
MINOR AMENDMENTS TO CORRECT TITLES RELATED
TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT
PLAN.
CASE NAME:
CASE NO:
VILLAGE AREA TITLE AMENDMENT
ZCA 10-02
WHEREAS, the Planning Director has prepared a proposed Zone Code
Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to various
chapters of the Zoning Ordinance and the Zoning Map; and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibits "Z-1" and "Z-2" dated May 5, 2010, and attached hereto VILLAGE
AREA TITLE AMENDMENT -ZCA 10-02; and
WHEREAS, the Planning Commission did on the 5th day of May, 2010, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT
-ZCA 10-02, based on the following findings:
Findings:
1. That the proposed Zone Code Amendment ZCA 10-02 is consistent with the General
Plan in that it does not affect or conflict with any General Plan regulations, land use
designations or policies with which development must comply.
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2. That the proposed ZCA reflects sound principles of good planning in that it ensures
internal consistency with other Zoning Ordinance procedures and standards that
are not proposed for amendment, as well as the General Plan and Local Coastal
Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6693 -2-
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ORDINANCE NO. ----
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO MAKE MINOR MODIFICATIONS TO THE
ZONING ORDINANCE AND ZONING MAP LABELS TO
CORRECT TITLES RELATED TO THE EXPIRATION OF THE
VILLAGE REDEVELOPMENT PLAN.
CASE NAME: VILLAGE AREA TITLE AMENDMENT
CASE NO.: ZCA 10-02 •
Exhibit "Z-1"
May 5, 2010
The City Council of the City of Carlsbad, California, does ordain as follows:
Section I: That Section 21.05.010 (Zone Establishment-Boundaries, Names of
Zones) is amended to read as follows:
21.05.010 Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to
regulate and restrict the height and bulk of buildings, to regulate the area of yards and other
open spaces about buildings, and to regulate the density of population, thirty-six classes of
zones and overlay zones are established by this title to be known as follows:
C-1-Neighborhood Commercial Zone
C-2-General Commercial Zone
C-F-Community Facilities Zone
C-L-Local Shopping Center Zone
C-M-Heavy Commercial-Limited Industrial Zone
C-T -Commercial Tourist Zone
E-A-Exclusive Agricultural Zone
L-C-Limited Control Zone
M-lndustrial Zone
O-Office Zone
O-S-Open Space Zone
P-C-Planned Community Zone
P-M-Planned Industrial Zone
P-U-Public Utility Zone
R-1-One-Family Residential Zone
R-2-Two-Family Residential Zone
R-3-Multiple-Family Residential Zone
R-A-Residential Agricultural Zone
R-E-Residential Estate Zone
R-P-Residential-Professional Zone
R-T-Residential Tourist Zone
R-W-Residential Waterway Zone
RD-M-Residential Density-Multiple Zone
RMHP-Residential Mobile Home Park
T-C-Transportation Corridor Zone
V-R-Village Review Zone
BAO-Beach Area Overlay Zone
Coastal Agriculture Overlay Zone
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Coastal Resource Protection Overlay Zone
Coastal Shoreline Development Overlay Zone
Coastal Resource Overlay Zone Mello I LCP Segment
CN-SO-CommercialNisitor-Serving Overlay Zone
F-P-Floodplain Overlay Zone
H-O-Hospital Overlay Zone
Q-Qualified Development Overlay Zone
S-P-Scenic Preservation Overlay Zone
Section II: That footnote (8) to Table A of Section 21.45.040 (Planned
Developments, Permitted zones and uses) is amended to read as follows:
(8) Refer to the Carlsbad Village Master Plan and Design Manual for permitted uses.
Section Ill: That the list of sections in Chapter 21.54 (Procedures, Hearings,
Notices and Fees) is proposed to be amended as follows:
Sections:
21.54.010 Applications.
21.54.020 Acceptability of signatures on applications.
21.54.030 Applications a part of permanent record.
21.54.040 Filing fees.
21.54.050 Setting of hearing.
21.54.060 Notices.
21.54.061 Content of notice.
21.54.062 Additional notice to persons requesting it.
21.54.063 Failure to receive notice.
21.54.064 Applicant's responsibilities.
21.54.070 Required wording of notices.
21.54.080 Investigations.
21.54.090 Rule establishment for conduct of hearings.
21.54.100 Hearing continuance without public notice.
21.54.110 Permanent files shall include summary of testimony.
21.54.120 General plan amendments (except for the coastal zone).
21. 54.130 Restriction on reapplication after denial.
21.54.140 Effective date of order--Appeal of planning director or housing and
redevelopment director decisions.
21.54.150 Effective date of order--Appeal of planning commission decisions.
Section IV: That Section 21.54.140(a) (Procedures, Hearings, Notices and Fees,
Effective date of order-Appeal of planning director or housing and redevelopment director
decisions) is amended to read as follows:
(a) This section shall apply to those decisions or determinations of the planning
director or housing and redevelopment director made pursuant to this title or planning director
determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment
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director" shall be interchangeable with "planning director;" "housing and redevelopment
department" shall be interchangeable with "planning department;" and "housing and
redevelopment commission" shall be interchangeable with "city council."
Section V: That the title of Section 21.54.150 and Section 21.54.150(a)
(Procedures, Hearings, Notices and Fees, Effective date of order-Appeal of planning
commission or design review board decisions) is amended to read as follows:
21.54.150
(a)
Effective date of order-Appeal of planning commission decisions.
This section shall apply to those decisions or determinations of the planning
commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and
redevelopment director" shall be interchangeable with "planning director;" "housing and
redevelopment department" shall be interchangeable with "planning department;" and "housing
and redevelopment commission" shall be interchangeable with "city council."
Section VI: That Table A of Section 21.84.040 (Housing for Senior Citizens, Use
Table) is proposed to be amended as follows:
Table A
Zones Where Housing for Senior Citizens Is Permitted
Zone Housing for Senior Citizens
R-3 SOP
R-P SOP*
R-T SOP
R-W SOP
RD-M SDP
V-R **
P-C **
Note: Housing for Senior Citizens is prohibited in those zones not indicated.
*The city may approve a site development plan for housing for senior citizens on
property in the R-P zone where the general plan applicable to such property permits residential
uses.
** May be permitted subject to the standards of the controlling document (i.e., in V-R
zone -Carlsbad Village Master Plan and Design Manual, and in P-C zone -applicable master
plan) and the provisions of this chapter.
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Section VII: That Section 21.201.020.H (Coastal Development Permit
Procedures, Definitions) is amended to read as follows:
H. "Coastal zone" means the coastal zone of the city as described in the Public
Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the
Agua Hedionda Lagoon and Village Area segments of the Carlsbad Local Coastal Program).
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, but not until certified by the California Coastal Commission and the City Clerk shall
certify to the adoption of this ordinance and cause it to be published at least once in a
publication of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the __ day of _____ 2010, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the __ day of _____ 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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Exhibit Z-2
May 5, 2010
ZCA 10-02 (Zoning Map)
Village Area Title Amendment
Local Shopping Center
-General & Neighborhood Commercial
-Tourist Commercial
-Heavy Commercial
-Industrial
P:t.,'l Planned Industrial
P-U Public Utility
illage Redevelopmen
P-c Planned Community
L-C Limited Control
Open Space
-Transportation Corridor
Multiple Designations
other Roads
,,'.,,, Arterial Roadway
•• ~ ... .,• Scenic Preservation Overlay
>:::."-i-.".-:".·.·._. Special Flood Hazard Area ( .... : ··.·:. '
=======~ Commarcial Visitor Ser.iing
_ill Beach Overlay Zone
EXISTING LEGEND ( partial)
Local Shopping Center
-General & Neighborhood Commercial
-Tourist Commercial
-Heavy Commercial
-Industrial
?-!"1 .. J Planned Industrial
P-lJ Public Utility
~
P-c Planned Community
L-c Limited Control
Open Space
-Transportation Corridor
Multiple Designations
Other Roads
/',/ Arterial Road,,vay
• ••• .•• Scenic Preservation Ovarlay
Special Flood Hazard Area (
=§:=~§:J Commercial Visitor Serving
\ \ \ Beach Overlay Zone
PROPOSED LEGEND (partial)
Carlsbad General Plan Section 11.C.3.d
Underline/Strikeout Exhibit
Land Use Element
access. Landscaped buffers should be provided
around the project site between neighborhood
commercial uses and other uses to ensure
compatibility. All buildings should be low-rise
and should include architectural/design features
to be compatible with the neighborhood.
Permitted uses and building intensities should
be compatible with surrounding land uses.
b. Regional Commercial (R): Regional
commercial centers provide shopping goods,
general merchandise, automobile sales, apparel,
furniture, and home furnishing in full depth and
variety. Two or more department stores are
typically the major anchors of a regional
shopping center, while other stores supplement
and complement the various department store
lines. New forms of regional centers may include
such developments as outlet centers with an
aggregation of factory outlet stores where there
are no specific anchor tenants although such
centers are regional and enjoy a strong tourist
trade. Regional centers draw customers from
outside the City and generate interregional
traffic. For this reason, such centers are
customarily located on a site that is easily visible
as well as accessible from interchange points
between highways and freeways. Local
shopping centers may be adjunct to regional
centers to also serve the daily convenience
needs of customers utilizing the larger shopping
center. A group of convenience stores, service
facilities, business and professional offices are
also often associated with a regional center.
Some of these may be incorporated in the
center itself, or arranged at the periphery in the
immediate area.
c. Travel/Recreation Commercial (TR): This
land use category designates areas for visitor
attractions and commercial uses that serve the
travel and recreational needs of tourists,
residents, as well as employees of business and
industrial centers. Such uses may include, but
are not limited to, hotels and motels,
restaurants, recreation facilities, museums,
travel support services, and specialty retail uses
catering to tourists. Travel/recreation
commercial uses are generally located near
major transportation corridors or recreational
and resort areas such as spas, hotels, beaches
or lagoons. Travel/recreation commercial uses
Amended June 23, 2009
Attachment 4
May 5, 2010
should be compatible with and designed to
protect surrounding properties, should ensure
safe traffic circulation and should promote
economically viable tourist-oriented areas of the
City.
d. Village (V): The Village addresses land uses
located in the heart of "old" Carlsbad in the area
commonly referred to as the "downtown."
Permitted land uses may include retail stores,
offices, financial institutions, restaurants and
tourist-serving facilities. Residential uses can
be intermixed throughout the area. The Village
Area is regulated by the Carlsbad Village Master
Plan and Design Manual.
e. Office and Related Commercial (0): This
classification designates areas that are
compatible with and environmentally suited for
office and professional uses, as well as related
commercial uses. This designation is especially
appropriate for medical office use. Office and
related commercial land use can be used as
buffers between retail commercial areas and
residential uses.
4. PLANNED INDUSTRIAL (Pl)
Planned Industrial land uses include those areas
currently used for, proposed as, or adjacent to
industrial development, including manufacturing,
warehousing, storage, research and develop-ment,
and utility use. Agricultural and outdoor recreation
uses on lots of one acre or more are considered to
be a proper interim use for industrially designated
areas.
5. GOVERNMENTAL FACILITIES (G)
This classification of land use designates areas
currently being used for major governmental facilities
by agencies such as the city, county, state, or
federal government. Facilities within this category
may include uses such as civic buildings, libraries,
maintenance yards, police and fire stations and
airports (McClellan-Palomar Airport). Smaller
facilities, such as branch libraries, may be found in
other land use designations, such as commercial,
and are not shown on the land use map.
Page 19
Carlsbad General Plan Section I1.D.3
Underline/Strikeout Exhibit
Attachment 5
May 5, 2010
City of Carlsbad General Plan Land Use Element, Section I1.D.3 (Special Planning
Considerations -Coastal Zone Programs) is proposed to be amended as follows:
3. COASTALZONEPROGRAMS
In 1972, California voters approved Proposition 20 which led to the enactment of the State law
(California Coastal Act of 1976) which regulates any development within California's Coastal
Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs
(LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is
consistent with the General Plan, but it is a separate document containing separate land use
policies and implementation measures which must also be complied with in addition to the
General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's
coastal zone has been divided into six segments and each segment is regulated by separate
LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal
Zone which were established by the State are depicted on the Land Use Map.
Almost every conceivable type of development proposal within the Coastal Zone from removal
of natural vegetation to the construction of huge master planned communities requires the
approval of a Coastal Development Permit (CDP) in addition to any other permits or
entitlements. The land use policies, programs and regulations of the relevant LCP shall be
referred to in addition to the General Plan, the Municipal Code and other pertinent regulations
for guiding land use and development within the Coastal Zone. Although the City has adopted
LCP segments for all of its Coastal Zone, The California Coastal Commission currently
retains Coastal Development Permit authority in the Agua Hedionda Segment. it only has
authority to issue Coastal Development Permits within the Redevelopment segment. In the
remaining five segments, the City has the authority to issue Coastal Development Permits.
the California Coastal Commission currently retains Coastal Development Permit authority.
Carlsbad is actively pursuing the lengthy task of effectively implementing the five LCP segments
in order to transfer permit authority to the City.
In those circumstances where an issue is not addressed by the Local Coastal Program Land
Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development
permit, or exemption may be granted unless the project considered is found by the appropriate
authority to be consistent with the City of Carlsbad General Plan. In those circumstances where
an issue is addressed by both the Local Coastal Program Land Use Plan and the City of
Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail.
Local Coastal Program
Underline/Strikeout Exhibit
Land Use -Introduction
Attachment 6
May 5, 2010
Chapter I
the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda
land use plan was prepared by the City and approved by the Coastal Commission on July 1,
1982.
Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues
and conflicts between the City and Commission over the years. These segments cover a good
portion of the city's coastal zone and contain substantial amounts of undeveloped property.
Among those issues which surfaced in the preparation of the LCPs were preservation of
agricultural lands, protection of steep sloping hillsides and erosion control. The City found the
policies of the certified Mello I and II segments regarding preservation of agriculture and steep
sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued
negotiations with the Commission through a City Council-formed special committee comprised of
Commission staff and City officials to resolve issues. In September of 1984 the Governor signed
Assembly Bill 37 44 ( effective January 1, 1985) which eliminated provisions for an "agricultural
subsidy program" in Carlsbad's coastal zone.
In the summer of 1985, the City submitted two amendment requests to the Commission and, in
October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II
segments.. These major amendments to the LCP involved changes to the agricultural
preservation, steep slope and housing protection policies of the Mello I and II segments. After
certification of these amendments, the City adopted the Mello I and II LCP segments and began
the process of preparing documents for "effective" certification of the entire LCP.
The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a
coastal development permit for a project comprising the majority of the uplands within that
segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project
served as the LCP implementing ordinances.
The plan area of the Village Area segment (previously titled "Village Area Redevelopment:
segment} was formerly part of the Mello II segment. In August 1984, the Commission approved
the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at
the same time, approved the submitted land use plan for the area. In March of 1988, the
Commission approved the Implementation Program for the Village Area Redevelopment
segment. The City assumed permit authority for this segment on December 14, 1988. In
November 2009, the title of this segment was changed to the "Village Area" segment due
to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the
boundaries and policies affecting this segment are unchanged.
The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original
Mello I area and an area annexed ( 1985) to Carlsbad in and around Batiquitos Lagoon. An area
of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north
shore were previously part of the County of San Diego LCP (uncertified). All of this property, at
the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim
master plan covering the lagoon and north shore uplands. The segment was certified by the
Commission (land use and master plan as implementing ordinances) in March of 1988.
City of Carlsbad 4 Local Coastal Program
ZCA 10-02 -Village Area Title Amendment
Underline/Strikeout Exhibit
ATTACHMENT 7
Section 21.05.010 (Zone Establishment -Boundaries, Names of Zones) is proposed to be
amended as follows:
21.05.010 -Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to
regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open
spaces about buildings, and to regulate the density of population, thirty-six classes of zones and
overlay zones are established by this title to be known as follows:
C-1-Neighborhood Commercial Zone
C-2-General Commercial Zone
C-F-Community Facilities Zone
C-L-Local Shopping Center Zone
C-M-Heavy Commercial-Limited Industrial Zone
C-T-Commercial Tourist Zone
E-A-Exclusive Agricultural Zone
L-C-Limited Control Zone
M-Industrial Zone
O-Office Zone
O-S-Open Space Zone
P-C-Planned Community Zone
P-M-Planned Industrial Zone
P-U-Public Utility Zone
R-1-One-Family Residential Zone
R-2-Two-Family Residential Zone
R-3-Multiple-Family Residential Zone
R-A-Residential Agricultural Zone
R-E-Residential Estate Zone
R-P-Residential-Professional Zone
R-T-Residential Tourist Zone
R-W-Residential Waterway Zone
RD-M-Residential Density-Multiple Zone
RMHP-Residential Mobile Home Park
T-C-Transportation Corridor Zone
V :R-Village Review Redevelopment Zone
BAO-Beach Area Overlay Zone
Coastal Agriculture Overlay Zone
Coastal Resource Protection Overlay Zone
Coastal Shoreline Development Overlay Zone
Coastal Resource Overlay Zone Mello I LCP Segment
CN-SO-CommercialNisitor-Serving Overlay Zone
F-P-Floodplain Overlay Zone
H-O-Hospital Overlay Zone
Q-Qualified Development Overlay Zone
S-P-Scenic Preservation Overlay Zone
ZCA 10-02 -VILLAGE AREA TITLE AMENDMENT
Underline I Strikeout Exhibit
21.45.040 -Planned Developments, Permitted zones and uses.
May 5, 2010
Footnote (8) to Table A of Section 21.45.040 (Planned Developments, Permitted zones and uses)
is proposed to be amended as follows:
(8) Refer to the Carlsbad Village Redevelopment Master Plan and Design Manual for
permitted uses.
21.54 -Procedures, Hearings, Notices and Fees
The list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is proposed to be
amended as follows:
Sections:
21.54.010 Applications.
21.54.020 Acceptability of signatures on applications.
21.54.030 Applications a part of permanent record.
21.54.040 Filing fees.
21.54.050 Setting of hearing.
21.54.060 Notices.
21.54.061 Content of notice.
21.54.062 Additional notice to persons requesting it.
21.54.063 Failure to receive notice.
21.54.064 Applicant's responsibilities.
21.54.070 Required wording of notices.
21.54.080 Investigations.
21.54.090 Rule establishment for conduct of hearings.
21.54.100 Hearing continuance without public notice.
21.54.110 Permanent files shall include summary of testimony.
21.54.120 General plan amendments ( except for the coastal zone).
21.54.130 Restriction on reapplication after denial.
21.54.140 Effective date of order--Appeal of planning director or housing and redevelopment
director decisions.
21.54.150 Effective date of order--Appeal of planning commission_ or design review board
decisions.
21.54.140 -Procedures, Hearings, Notices and Fees, Effective date of order.
Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, Effective date of order-Appeal
of planning director or housing and redevelopment director decisions) is proposed to be amended
as follows:
(a) This section shall apply to those decisions or determinations of the planning
director or housing and redevelopment director made pursuant to this title or planning director
determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment
director" shall be interchangeable with "planning director;" "housing and redevelopment
department" shall be interchangeable with "planning department;" "design review board" shall be
interchangeable with "planning commission;" and "housing and redevelopment commission"
shall be interchangeable with "city council."
2
ZCA 10-02-VILLAGE AREA TITLE AMENDMENT
Underline / Strikeout Exhibit
21.54.150 -Procedures, Hearings, Notices and Fees, Effective date of order.
May 5, 2010
The title of Section 21.54.150 and Section 21.54.l 50(a) (Effective date of order--Appeal of
planning commission or design review board decisions) are proposed to be amended as follows:
21.54.150 Effective date of order--Appeal of planning commission or design review board
decisions
(a) This section shall apply to those decisions or determinations of the planning
commission or design reviev,r board made pursuant to this title or Title 19. Accordingly, in this
section, "housing and redevelopment director" shall be interchangeable with "planning director;"
"housing and redevelopment department" shall be interchangeable with "planning department;"
"design review board" shall be interchangeable ·.vith "planning commission;" and "housing and
redevelopment commission" shall be interchangeable with "city council."
21.84.040 -Housing for Senior Citizens.
Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is proposed to be
amended as follows:
Table A
Zones Where Housing for Senior Citizens Is Permitted
Zone Housing for Senior Citizens
R-3 SDP
R-P SDP*
R-T SDP
R-W SDP
RD-M SDP
V-R **
P-C **
Note: Housing for Senior Citizens is prohibited in those zones not indicated.
* The city may approve a site development plan for housing for senior citizens on property
in the R-P zone where the general plan applicable to such property permits residential uses.
* * May be permitted subject to the standards of the controlling document (i.e., in V-R zone
-Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual,
and in P-C zone -applicable master plan) and the provisions of this chapter.
21.201.020 -Coastal Development Permit Procedures, Definitions.
Section 21.201.020.H (Coastal Development Permit Procedures, Definitions) is proposed to be
amended as follows:
H. "Coastal zone" means the coastal zone of the city as described in the Public
Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the Agua
Hedionda Lagoon and Village Area redevelopment segments of the Carlsbad Local Coastal
Program).
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