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HomeMy WebLinkAboutLCPA 98-05A; Carlsbad Ranch Overlay Zone; Local Coastal Program Amendment (LCPA) (2)STATE OF CAUFORNlA - THE RESOURCES AGENCY GRAY DAVIS, Govvnor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Fr 5a TO: COMMISSIONERS AND INTERESTED PERSONS FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR SUBJECT: EXECUTIVE DIRECTOR’S DETERMINATION that the City of Carlsbad’s actions, certifying Local Coastal Program Amendment No. 2-99A approved with suggested modifications, is legally adequate (for Commission review at its meeting of September 14-17, 1999) BACKGROUND At its August 12,1999 meeting, the California Coastal Commission certified, with suggested modifications, the City of Carlsbad’s Local Coastal Program Amendment No. 2-99A. The amendment amends the City’s certified Local Coastal Program by the establishment of the CommerciaWisitor-Serving Overlay Zone By their action adopting the suggested modification on September 14, 1999 the City Council acknowledges and accepts all the Commission’s suggested modifications. As provided for in Section 13544 of the California Code of Regulations, the Executive Director must determine if the action of the City of Carlsbad is legally sufficient to finalize Commission review of the LCP amendment. The City’s actions have been reviewed and determined to be adequate by the Executive Director. Section 13544 of the California Code of Regulations then requires that this determination be reported to the Commission for its concurrence. The attached letter will be sent after City Council action and Commission endorsement. RECOMMENDATION Staff recommends that the Commission CONCUR with the Executive Director’s determination as set forth in the attached letter. GRAY DAVIS, Golnrmor STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 4. (619) 521-8036 egg $14 August269 1999 rfii.UIIWk OmWyII DJrr lrJ19 Honorable Claude Lewis, Mayor 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Certification of the City of Carlsbad LCP Amendment #2-99A Dear Mayor Lewis: The California Coastal Commission has reviewed the City’s Ordinance No. XX together with the Commission’s action on August 12, 1999, certifying, with suggested modifications, Amendment No. 2-99A to the City’s Local Coastal Program (LCP). The amendment amends the City’s certified LCP by the establishment of the CommerciaVVisitor-Serving Overlay Zone. In accordance with Section 13544 of the California Code of Regulations, I have made the determination that the City’s actions are legally adequate and the Commission has concurred at its meeting of September 14-17,1999. By its actions on September 14, 1999 the City has formally acknowledged and accepted the Commission’s certification of this amendment, including the suggested modification which clarifies that commercialhisitor-serving uses are permitted uses in the overlay zone if they meet the requirements of the proposed ordinance. In conclusion, I would like to extend our appreciation to you and all other elected or appointed officials, staff and concerned citizens for working in a cooperative fashion on this matter. We remain available to assist you and your staff in any way possible as you continue to implement thecity’s Local Coastal Program. Sincerely, Peter Douglas Executive Director (GEm Dicgo\silWls~rtltr.2-99a.doc) ‘I 1 2 ‘3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - 22 23 24 25 26 27 28 ORDINANCE NO. NS-505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE INCORPORATION OF COASTAL COMMISSION SUGGESTED MODIFICATIONS FOR THE COMMERCIALA’ISITOR-SERVING OVERLAY ZONE. CASE NAME: COMMERCIALMSITOR-SERVING OVERLAY ZONE CASE NO.: ZCA 98-01 (AYLCPA 98-05(A) WHEREAS, the City Council passed the CommerciaWisitor-Serving Overlay Zone on May 18,1999; and WHEREAS, the City made subsequent application to the Coastal Commission to make corresponding amendments to the City’s Local Coastal Program to establish the Overlay Zone within affected coastal properties; and WHEREAS, the California Coastal Commission, on August 12,1999, did approve the Overlay Zone with “suggested modifications”; and WHEREAS, the City Council acceptance of, and commitment to administer, the “suggested modifications” is necessary in order to effectuate the Overlay Zone. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: Section 1: That Title 21 is amended by the amendment of Chapter 21.208.040 to read as follows: 21.208.040 Permitted Uses. CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they meet the requirements of this Chapter. The only permitted uses in the overlay zone are the residential, industrial and office uses authorized as permitted uses by the zoning of the underlying zone, which are not subject to the provisions of this Chapter. Those uses shall be developed subject to the development standards and entitlement processes required by their underlying zoning. In addition, a roadside stand for the display and sale of products produced on the same premises is an allowed use provided that the floor area shall not exceed two hundred square feet and is located a minimum of 20 feet fiom any street, highway or city right of way” 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certifL 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. (Not withstanding the preceding, this ordinance shall not be eflective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- EXHIBIT 3 STRIKOUT/BOLD VERSION OF ORDINANCE CHANGE 2 1.208.040 Permitted Uses. 4% ComrnerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they meet the requirements of this Chapter. The only permitted uses in the overlay zone are the residential, industrial and office uses authorized as permitted uses by the zoning of the underlying zone, which are not subject to the provisions of this Chapter. Those uses shall be developed subject to the development standards and entitlement processes required by their underlying zoning. In addition, a roadside stand for the display and sale of products produced on the same premises is an allowed use provided that the floor area shall not exceed two hundred square feet and is !located a minimum of 20 feet from any street, lughway or city right of way” 7