HomeMy WebLinkAboutLCPA 98-07; Hadley Property; Local Coastal Program Amendment (LCPA) (6)- -
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Gowmw -- i
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
311 1 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92106-1725
(619) 521-6036
Wed 6a
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SAW, DISTRICT MANAGER, SAN DIEGO AREA
OFFICE
BILL PONDER COASTAL PROGRAM ANALYST, SAN DIEGO
AREA OFFICE
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD LCP
SEGMENT MAJOR AMENDMENT NO. 3-99B (For Public Hearing
and Possible Commission Action at the Meeting of January 11-14,2000)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEsT
On October 6, 1999, the City of Carlsbad’s proposed Local Coastal Program Amendment
(LCPA) #3-99 was received in the San Diego District office. The amendment package
contains five separate LCPAs. At the November 1999 meeting a time extension was
granted by the Commission at the request of Commission staff due to agenda workload.
The Commission approved an amendment to the Carlsbad Ranch Specific Plan
permitting a museum open to the public with incidental retail sales (LCPA 3-99A) at its
December 1999 hearing. With the exception of the appellate procedures amendment,
which will be likely heard at the February 1999 meeting, the remaining three
amendments are the subject of this report.
Part 1 is the “Incidental Outdoor Dining Areas” amendment which modifies Chapter 21
of the Municipal Code and would apply to all of the City’s LCP segments except the
Village Redevelopment Area to allow “incidental outdoor dining areas” associated with
restaurants on private property. The amendment allows small accessory outdoor dining
areas in association with already allowed restaurants and will exclude such areas from
parking requirements.
Parts 2 and 3 of the amendment request revise the certified LCP Mello II segment
Implementation Plan. Part 2 (Carnation) rezones a 10-acre parcel from Limited Control
(L-C) to One-Family Residential (R-1-7,500-Q). Part 3 (Hadley) rezones a 14.7-acre
parcel from Limited Control (L-C) to One-Family Residential (R-1-7,500-Q).
SUMMARY OF STAFF RECOMMENDATION
Carlsbad LCPA #3-99B
Page 2
Staff is recommending approval of the proposed Incidental Outdoor Dining Areas
amendment as submitted. Staff is recommending denial of the Carnation and Hadley
Rezones as submitted and approval if modified as suggested in this report. The proposed
rezones are inconsistent with the certified Mello 11 LUP in that the proposed R-1-7500
zone could allow a greater density on the sites than the certified Residential Low Medium
(RLM 0-4 du/ac) land use designation would allow. A suggested modification is attached
which requires that language be inserted into the “Q’ Qualified Development Overlay
Zone which has been certified as part of the LCP Implementation Plan. The language
shall clarify that residential densities shall be permitted only in conformance with the
underlying LCP land use designation for the property.
The appropriate resolutions and motions begin on page 3. The Suggested Modifications
begin on page 5. The findings for approval of the Implementation Plan Amendments
begin on page 6.
The City’s certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos
Lagoon/Hunt Properties and Village Redevelopment. Pursuant to Sections 30 170(f) and
30171 of the Public Resources Code, the Coastal Commission prepared and approved
two portions of the LCP, the Mello I and IT segments in 1980 and 1981, respectively.
The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The
East Batiquitos LagoodHunt Properties segment was certified in 1988. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21, 1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of its
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. The subject
amendment request affects the Mello 11 segment of the LCP.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Bill Ponder at the San Diego
Area Office of the Coastal Commission at 3 1 1 1 Camino Del Rio North, Suite 200,
San Diego, CA 92108, (619) 521-8036.
-
Carlsbad LCPk- .3-99B
Page 3
PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. Pursuant to
Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or
other implementing actions, as well as their amendments, on the grounds that they do not
conform with, or are inadequate to carry out, the provisions of the certified land use plan.
The Commission shall take action by a majority vote of the Commissioners present.
B. PUBLIC PARTICIPATION
The City has held both Planning Commission and City Council hearings with regard to
the subject amendment request. Each of these local hearings were duly noticed to the
public. Notice of the subject amendment has been distributed to all known interested
parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolution and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
A. RESOLUTION I. (Resolution to approve certification of the City of Carlsbad
Implementation Plan Amendment #3-99B (Part 1 - Incidental Outdoor Dining Areas), as submitted)
MOTION I: I move that the Commission reject Part 1 of the City
of Carlsbad LCP Implementation Plan Amendment
3-99B, as submitted.
STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:
Staff recommends a NO vote. Failure of this motion will result in
certification of the Implementation Program as submitted and the
adoption of the following resolution and findings. The motion passes
only by an affirmative vote of a majority of the Commissioners present.
The Commission hereby certifies the Implementation Program for
Citv of Carlsbad certified LCP as submitted and adopts the findings set
forth below on grounds that the Implementation Program will meet the
requirements of and be in conformity with the policies of Chapter 3 of the
Coastal Act, and certification of the Implementation Program will meet
the requirements of the California Environmental Quality Act, because
either 1) feasible mitigation measures and/or alternatives have been
,
Carisbad LCPA #3-99B
Page 4
incorporated to substantially lessen any significant adverse effects of the
Implementation Program on the environment, or 2) there are no further
feasible alternatives or mitigation measures that would substantially
lessen any significant adverse impacts on the environment that will
result from certification of the Implementation Program.
B. RESOLUTION I1
MOTION I1
Resolution to deny certification of the City of Carlsbad Mello I1
LCP Implementation Plan Amendment 3-99B [Part 2 (Carnation
Rezone) and Part 3 (Hadley Rezone)], as submitted.
I move that the Commission reject Parts 2 and 3 of the City of
Carlsbad’s Mello 11 LCP Implementation Plan Amendment 3-99B,
as submitted.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in
rejection of the Implementation Program and the adoption of the
following resolution and findings. The motion passes only by an
affirmative vote of a majority of the Commissioners present.
The Commission hereby denies certification of the Implementation Program
submitted for the Carlsbad Mello I1 Implementation Plan Amendment
and adopts the findings set forth below on grounds that the Implementation
Program as submitted does not meet the requirements of and is not
in conformily with the policies of Chapter 3 of the Coastal Act. Certification of
the Implementation Program would not meet the requirements of the
California Environmental Quality Act, because either 1) feasible mitigation
measures and/or alternatives have not been incorporated to substantially lessen
any significant adverse effects of the Implementation Program on the
environment, or 2) there are further feasible alternatives and mitigation
measures that would substantially lessen any significant adverse impacts on the
environment.
Carlsbad LCPh __ 3-99B
Page 5
C. RESOLUTION III. Resolution to approve certification of the City of Carlsbad Mello
I1 LCP Implementation Plan Amendment #3-99B [Part 2
(Carnation Rezone) and Part 3 (Hadley Rezone)], if
modified)
MOTIONIII: I move that the Commission approve Parts 2 and 3 of the City of
Carlsbad Mello II LCP Implementation Plan Amendment 3-99B if
modified in conformance with the suggestions set forth in this staff
report.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in
certification of the Implementation Program with suggested modifications
and the adoption of the following resolution and findings. The motion
passes only by an affirmative vote of a majority of the Commissioners
present.
The Commission hereby certifies the Implementation Program for
Mello I1 segment of the Carlsbad certified LCP if modified as suggested
and adopts the findings set forth below on grounds that the
Implementation Program with the suggested modifications will meet the
requirements of and be in conformity with the policies of Chapter 3 of the
Coastal Act. Certification of the Implementation Program if modified as
suggested complies with the California Environmental Quality Act,
because either 1) feasible mitigation measures and/or alternatives have
been incorporated to substantially lessen any significant adverse effects
of the Implementation Program on the environment, or 2) there are no
further feasible alternatives and mitigation measures that would
substantially lessen any significant adverse impacts on the environment.
PARTIII. SUGGESTED MODIFICATIONS
The following are the suggested revisions for this amendment request. Language to be added is
underlined; language to be deleted is crossed out.
The following wording shall be added as Section 21.06.170 Coastal Zone Residential Densitv
within the Q Qualified Development Overlay Zone of the Carlsbad Municipal Code to apply to
all residential development with a Q designator within the coastal zone.
1. Within the coastal zone, an approved residential subdivision shall not exceed the
maximum density permitted by the underlying LCP land use plan designation,
subiect to the applicable resource motection and affordable housing provisions in
the certified LCP. In calculating affordable housing density bonuses, the base
density shall not exceed the maximum density permitted by the underlying LCP land
use designation.
Carlsbad LCPA #3-99B
Page 6
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD LCP
IMPLEMENTATION PLAN AMENDMENT #3-99B, AS
SUBMITTED (PART 1 - INCIDENTAL OUTDOOR DINING
AREAS).
A. AMENDMENT DESCRIPTION
The proposed LCP amendment would allow, with some exceptions, small outdoor dining
areas of limited size to be provided without requiring parking subject to an Incidental
Outdoor Dining Areas (IODA) permit. Outdoor dining areas associated with restaurants,
deli’s and other eating establishments can be provided under current regulations. Such
areas are treated like indoor seating areas and the areas are included in calculating the
total floor area of the eating establishment, which in turn, is used to calculate the number
of parking spaces required for the business. The proposed amendment would provide an
incentive to businesses to include small outdoor dining areas by excluding those areas (up
to 400 sq.ft. in size) from the parking requirement calculation.
The amendment modifies the City’s zoning ordinance citywide and is applicable outside
of the Redevelopment Area and outside of the CommerciaWisitor-Serving Overlay
Zone. Consequently, it will involve the Mello I, Mello II, Agua Hedionda, East
Batiquitosmunt and West Batiquitod Sammis segments of the Carlsbad LCP. The
purpose of the amendment is to provide an incentive for small outdoor dining areas
associated with restaurants and other eating establishments.
The Coastal Commission approved the identical amendment in July 1998 with a
suggested modification. The modification prohibited IODAs on sites west of the railway
line which contain existing restaurants that do not meet required parking standards. With
respect to parking associated with coastal access, the railway line generally separates the
beach impact zone from the non-critical portion of the City’s parking reservoir. The
Commission found that those sites on either side of the railway line that complied with
parking requirements for their indoor dining areas could provide IODAs. However, those
sites that are located west of the railway line and are not providing adequate parking at
code requirements for their indoor dining areas are not allowed to get an IODA permit
and the attendant parking waiver. This provision results from the Commission’s concern
over the lack of public parking generally west of the railway line. The Commission did
not want to exacerbate any existing inadequate parking situations by allowing such
businesses to expand further.
Due to a “sunset clause” in the original ordinance, the approved amendment
automatically repealed in October 1998 before the suggested modifications could be
adopted by the City Council. Consequently, the City has prepared essentially the same
ordinance except that it includes the Commission’s suggested modifications, precludes an
IODA in the CommercialNisitor-Serving Overlay Zone and does not include a sunset
clause.
-
Carlsbad LCPr-, 3-99B
Page 7
B. FINDINGS FOR APPROVALPART 1 - INCIDENTAL OUTDOOR
DINING AREAS
a) Purpose and Intent of the Ordinance. The purpose and intent of the Incidental
Outdoor Dining Areas amendment is to allow small accessory outdoor dining areas on
private property in association with already allowed restaurants with indoor seating, and
to exclude such areas from parking requirements.
b) Maior Provisions of the Ordinance. The Incidental Outdoor Dining Areas
amendment modifies Chapter 21 of the Municipal Code to allow incidental outdoor
dining areas associated with restaurants on private property as follows:
-Adds a new definition to the municipal code (Section 21.04.188.1) which
specifies, among other things, that “incidental outdoor dining areas” shall be
limited to: a maximum of 20% of the number of indoor seats or a maximum of
twenty (20) seats, whichever is more restrictive; a maximum of six (6) tables; and
a maximum of 400 sq.ft. in area; outdoor seating areas are allowed provided they
comply with all requirements, including providing required parking at the
appropriate restaurant parking ratio.
The amendment regulates the location and design of IODAs, requiring an
administrative permit for such areas
The amendment excludes IODAs from parking requirement calculations provided
no public accesdparking impacts would occur in nearshore areas.
c) Adequacy of Ordinance to Implement the Certified LUP. The standard of
review for LCP implementation submittals or amendments are their consistency
with and ability to carry out the provisions of the certified Land Use Plan (LUP).
In the case of the subject LCP amendment, the City’s Municipal Code serves as
the Implementation Program for the Carlsbad LCP. In its 1998 review of this
amendment, the Commission was concerned about the proposed parking
exemption in the nearshore areas (i.e., areas located west of the railroad right-of-
way near the ocean), of the City outside of the Village Redevelopment Area,
where parking demand is high but parking supplies may be low; or the southern
areas of the City where there are substantial undeveloped areas which are
expected to experience growth in the near future. The railroad right-of-way runs
northhouth through the City, near and paralleling the ocean. There are a number
of commercially-designated sites west of the railroad right-of-way that the
ordinance would apply to near Palomar Airport Road and Poinsettia Lane,
including sites within the Poinsettia Properties Specific Plan Area and the
Poinsettia Shores Specific Plan Area. These specific plans cover approximately
190 acres of land north of Batiquitos Lagoon and contain lands approved by the
Commission for visitor commercial uses, some of which are located west of the
railroad right-of-way.
Carlsbad LCPA #3-99B
Page 8
Some of the above mentioned areas may be considered “beach impact areas”
where parking competition is expected to be greatest between residents,
commercial patrons and beach visitors. These areas are directly across from
South Carlsbad State Beach. South Carlsbad State Beach is a unit of the ‘State
Department of Parks and Recreation. The campground is located westerly of
Carlsbad Blvd., north of Ponto State Beach. In addition to seven beach access
stairways, the park is developed with 226 campsites, 10 comfort stations, and a
campfire center and concession stand. Because it provides both day use and
overnight use, it is considered a major recreational facility for coastal visitors.
Policy 7-9 of the Mello II LUP entitled “Carlsbad State Beach: Parking” states:
Parking facilities are entirely inadequate in the vicinity of South Carlsbad
State Beach. To remedy this problem, the 20-acre site located between
Carlsbad Boulevard and the railroad junction of Palomar Airport Road
shall be developed for parking facilities of approximately 1,500 spaces.
When this facility becomes heavily utilized, jitney service should be
initiated between the parking area and designated points along Carlsbad
Boulevard.
Given the above, the Commission was concerned about allowing this revision on
properties located west of the railroad right-of-way outside of the Village
Redevelopment Area. This is important because limited public parking and on-
street parking is available in the nearshore area along and west of Carlsbad
Boulevard for beach visitors. Outdoor dining areas, whether large or “incidental”
are a very attractive dining option in Southern California. Given the suitable
weather conditions and use of heaters and shade covers, these outdoor areas draw
business and are generally preferred by many customers. Should a restaurant be
successful already, such an addition will only serve to expand capacity and fuller
operation. This could exacerbate potential parking conflicts in the nearshore areas
under certain conditions.
.
One particular concern would be the adequacy of the existing restaurant’s parking
facilities. If an existing establishment fails to provide its full parking
complement, it should not be allowed to add an “incidental dining” area and
exacerbate its parking deficiency, especially in nearshore areas. However, the
submitted ordinance makes it clear that existing parking cannot be eliminated to
provide the incidental dining area, and specifies that restaurants without adequate
parking cannot be allowed a further parking exemption west of the railway right
of way. Thus, the availability of public parking would not be adversely affected if
an incidental outdoor dining area was allowed near the beach and the existing
restaurant failed to provide its required parking complement. For that reason, the
amendment can be approved as submitted.
PART V. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO II
-
Carlsbad LCPA ,r3-99B
Page 9
LCP IMPLEMENTATION PLAN AMENDMENT #3-99B (PART 2 -
CARNATION REZONE AND PART 3 - HADLEY REZONE). AS
SUBMITTED
A. AMENDMENT DESCRIPTIONS/ REZONES
The amendment changes the Mello 11 LCP implementation plan by rezoning a 10-acre
parcel (Carnation) and a 14.7-acre parcel (Hadley) from Limited Control (L-C) to One-
Family Residential (R-1-7,500-Q). The amendments are associated with specific project
proposals currently under review by the City.
On the Carnation property, the proposal is to subdivide the site into 32 single-family lots.
The project site is on the west side of Black Rail Road and north of Aviara Parkway.
The Carnation property is bordered to the north and east by agricultural land, to the west
by Planning Area (PA) 22 of Aviara Phase III and to the south by open space. The
developable portion of the project site has been subject to previous agricultural
operations. The site has a gentle slope from east to west and has until recently been used
for growing flowers. Currently there are several green houses on site.
On the Hadley property, the proposal is to subdivide the site into 38 single-family lots
and one open space lot. The project site is located on the east side of Black Rail Road
and south of Poinsettia Lane (Hadley). The Hadley property is bordered to the north by
vacant agricultural land and native habitat, to the east by open space within Planning
Area (PA) 22 of Aviara Phase III, to the south by a graded portion of Docena Road
(access road to PA 22) and Black Rail Road to the east.
The western quarter of the Hadley site slopes gently westward and the remainder of the
site slopes gently eastward to the top of a descending natural slope. The elevation across
the site is approximately 110 feet, with the natural slope varying up to 50 feet in height.
The flatter portions of the site have been used for agriculture. A 5.45-acre open space lot
containing constrained lands and sensitive habitat is proposed on the eastern portion of
the site. It contains 4 acres of southern maritime chaparral and 0.2 acres of coast live oak
riparian forest. This area is to be designated Open Space and would be maintained by a
future homeowner’s association land use plan.
The subject sites are located within the non-appealable area of the City’s coastal
development permit jurisdiction. The sites are designated as Residential Low Medium
(RLM, 0-4 ddac) in the Mello II LCP.
The projects comply with the requirements of the certified Coastal Resource Protection
Overlay Zone as slopes over 25% grade containing coastal sage scrub and chaparral are
being preserved. The Carnation project proposes .013 acres of impact to slopes greater
than 25% but this area does not contain significant species. Approximately 0.32 acres of
impact to southern maritime chaparral is proposed with the Hadley proposal; however,
the impact is proposed on non-steep slopes and this impact has been accepted by the
resource agencies during subdivision review at the City.
Carlsbad LCPA #3-99B
Page 10
The projects comply with the requirements of the Coastal fqgriculture Overlay Zone, as
they have been required to pay agricultural conversion mitigation fees to develop the
properties with other than agricultural uses. This is consistent with the agricultural
provisions within the certified Mello II LCP land use plan.
Regarding sewer and water services, such connections are proposed to the Carnation and
Hadley sites through extensions of existing lines that have been previously approved in
the City's review of its Zone 20 Specific Plan. This plan reviewed environmental
impacts associated with infrastructure improvements. Impacts to sensitive vegetation
were identified with provision of sewer service on the west side of the specific plan area
and mitigation was approved. However, no impacts to sensitive vegetation were
identified with provision of such services on the Hadley and Carnation sites either during
review of the specific plan or during individual project review. Additionally, no increase
in capacity of these services is proposed as existing lines have been sized to
accommodate planned growth in the Zone 20 area
a) Purpose and Intent of the Ordinance. The purpose and intent of the proposed
LCP amendment is to apply a residential implementing zone to the subject properties
which are both designated RLM in the certified L€P land use plan allowing 0 to 4
dwelling units per acre (dua). The R-1-7500-Q zone (One-Family Residential Zone) is to
allow for single family detached homes and associated structures. The Limited Control
(L-C ) zone is currently applied to the sites; it is a holding zone that only allows
agricultural uses until future planning is done.
b) Maior Provisions of the Ordinance. The amendment provides for the change of
zoning of the identified parcel from L-C to R-1. The R-1 zone allows single family
detached homes and associated structures, sets a 35 foot height limit, and establishes
development standards for setbacks, placement of building and minimum lot area. The
minimum required area of a lot in this R-1 zone is 7,500 sq.ft. Additional development
standards for this zone include provisions for the type of garage required (i.e. two-car)
and that each residence has a permanent foundation. Other requirements pertain to the
composition of exterior siding of residences, specifications regarding roof pitches and
minimum width of residences.
A Q designator has also been applied to the proposed residential zone by the City. The
purpose of the "Q" Qualified Development Overlay Zone in the certified LCP is to
"supplement the underlying zoning by providing additional regulations for development
within designated areas to: [in part] (1) Require that property development criteria are
used to insure compliance with the general plan and any applicable specific plans; (2)
Provide that development will be compatible with surrounding developments, both
existing and proposed; (3) Insure that development occurs with due regard to
environmental factors [...I The overlay zone therefore appears to be a suitable means to
provide additional regulations for development to ensure that future development occurs
consistent with a variety of concerns or environmental factors. Thus, this overlay is a
means to assure the policies of the LCP will be applied and enforced.
c) Adequacy of Ordinance to hdement the Certified LUP. The standard of
-T.
Carlsbad LCPA ., 3-99B
Page 11
review for LCP implementation submittals or amendments is their consistency with and
ability to carry out the provisions of the certified Land Use Plan (LUP). In the case of the
subject LCP amendment, the City's Municipal Code serves as the Implementation Plan
for the Mello II segment of the LCP. The subject properties are designated with the
Residential Low Medium (RLM) land use designation in the certified LUP which permits
up to 4 ddac. Although the City found the proposed R-1 zone consistent with the RLM
designation, the R-1 zoning could allow up to 5.8 ddac based on the minimum lot size
(43,560 sq.ft. divided by 7,500 sq.ft. = 5.8). Thus, the proposed R-1 zone could permit
more dwelling units than the land use designation would allow which is inconsistent with
the certified LUP. Increased residential density could result in adverse impact areawide
to coastal resources by creating the need for more roads and infrastructure through
sensitive areas (i.e., dual criteria slopes, wetland and riparian resources).
In LCPA 2-96A and LCPA 1-99, the Commission addressed the above issue on two sites
(Ocean Bluff and Lohfj within the Zone 20 area in Carlsbad. The Commission found that
the Qualified Development Overlay Zone should be applied to the Ocean Bluff property
and further clarified on the Lohf property. The Q designator ensures that the building
locations and architectural styles are reviewed through a Site Development Plan
discretionary approval process prior to issuing building permits, On the Ocean Bluff site,
the Commission approved a suggested modification that applied the "Q" designator to the
site to ensure that the property would be developed with no more than 4 ddac which was
consistent with the certified RLM land use designation. As modified, the Commission
found the proposed zone change was consistent with the certified LUP as application of
the "Q" designator was one mechanism to address the density limit concerns; however,
other options or alternatives would certainly be considered. On the Lohf site the City's
amendment was silent with respect to the proposed Q designator limiting the density on
the property so that it would not be developed with more than 4 dwelling units per acre.
In its approval the Commission clarified with a suggested modification that the Q
designator applied to the site should indicate that the property will be developed with no
more than 4 dwelling units per acre.
Subsequent to those conditional approvals, the City has indicated that resolving the density issue
in this way is unacceptable. The City attorney has indicated that it is inappropriate to attach the
above provision regarding density to the Q designator. The City maintains there is a reoccurring
misunderstanding of how the City's General Plan and zoning work in conjunction with the
Subdivision Map Act and the City's subdivision ordinance. The City maintains it cannot approve
a subdivision that is inconsistent with its General Plan regardless of what the zoning allows (Le., it
cannot approve a subdivision for more units than the top end of the General Plan density range).
(While the General Plan does allow one exception for small in-fill development in the old part of
Carlsbad where all infrastructure including all streets and utilities are in place, the sites that are the
subject of this amendment are not in an infill area and could therefore not be granted additional
density above the land use designation).
In any event, the City has submitted the subject LCP amendment without any means to assure the
density permitted by the LCP land use plan will not be exceeded through the approval of
residential development subject to the R-1-7500 zone. Additionally, there is no language that
assures the base density utilized to calculate any potential affordable housing density bonuses will
Cxlsbad LCPA #3-99B
Page 12
not exceed the maximum density permitted in the LW. Therefore, the Commission finds the
proposed ordinance must be denied, as submitted, as it is inadequate to carry out the provisions of
the certified LCP land use plan.
PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1
LCP IMPLEMENTATION PLAN AMENDMENT #3-99B (PART 2-
CARNATION REZONE AND PART 3 - HADLEY REZONE). IF MODIFIED
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified Land Use Plan
(LUP). Although the City found the proposed R-1 zone consistent with the certified
RLM designation, the R-1 zoning could allow up to 5.8 ddac based on the minimum lot
size (43,560 sq.ft. divided by 7,500 sq.ft. =5.8). Thus, the proposed R-1 zone could
permit more dwelling units than the land use designation would allow which is
inconsistent with the certified LUP. Increased residential density could result in adverse
impacts areawide to coastal resources by creating the need for more roads and
infrastructure through sensitive areas (i.e., dual criteria slopes, wetland and riparian
resources).
As noted above, the Commission rejected the proposed R-1-7500 zoning based on its
potential to allow a greater intensity of development than the certified Mello 11 LUP
would allow. Because the City has indicated the means to address this problem, which
the Commission has used in the past, is unacceptable, the Commission is suggesting
alternative code language that would address the density issue. The suggested
modification would be inserted within the “Q’ Qualified Development Overlay Zone
because, by definition, it’s purpose is to “supplement the underlying zoning by providing
additional regulations for development within designated areas”.
The Commission’s suggested modification would ensure that residential densities would
not exceed the maximum density permitted by the underlying LCP land use plan
designation. Additionally, the language acknowledges that any proposed residential
subdivision is also subject to the resource protection policies in the certified LCP which
may limit development on environmentally sensitive areas such that the maximum
permitted density may not be achievable.
Regarding application of the affordable housing provisions contained in the certified
LCP, the suggested modification clarifies that the base density utilized in calculating the
density bonus shall not exceed the maximum density permitted by the underlying land
use plan designation. The affordable housing provisions contained in the certified LCP
require that any housing development which incorporates an affordable housing density
bonus or other incentives shall be consistent with all the certified LCP provisions, with
the exception of base density. The suggested modification insures that base density will
not be determined by the number of units permitted by the R-1-7500 zone, but will be
determined by the maximum density permitted in the certified LCP land use plan.
With the inclusion of the suggested modification, the Commission can find the
-
Carlsbad LCPh _. 3-99B
Page 13
amendment consistent with the density designations certified in the Mello II LCP land
use plan. Thus, as modified, the Commission finds that the subject amendment to the
‘implementation plan is consistent with and adequate to carry out the policies of the
certified LUP.
PART VII. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
QUALITY ACT (CEQA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. Instead, the CEQA responsibilities are
assigned to the Coastal Commission and the Commission’s LCP review and approval
program has been found by the Resources Agency to be functionally equivalent to the
EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the
responsibility to prepare an EIR for each LCP.
Nevertheless, the Commission is required in a LCP submittal or, as in this case, a LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms to CEQA
provisions. As modified, the proposed Carnation and Hadley rezones will not result in an
intensity of land use incompatible with the surrounding development or have adverse
impacts on coastal resources or density. Regarding the Incidental Outdoor Dining Areas
amendment, the Commission finds approval of the amendment will not adversely affect
the parking reservoir in nearshore beach areas. Therefore, the Commission finds that
approval of the LCP amendments will not result in any significant adverse environmental
impacts.
In addition, individual projects to which the new LCP zone would apply will require a
coastal development permit, which would require review for compliance with
development standards which address, in part, steep slope encroachment, preservation of
native habitat (coastal sage scrub, etc.), visual resource protection, and parking and traffic
circulation. Any specific impacts associated with individual development projects would
be assessed through the environmental review process; and, an individual project’s
compliance with CEQA would be assured. The Commission finds that approval of the
subject LCP amendment would not result in significant environmental impacts under the
meaning of the California Environmental Quality Act and that the proposed changes can
be made.
(Crls.LCPA3-99Bfnlstfipt)
1
1
I
E
5
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBITNO. 1
APPLICATION NO. a. Independent Judgment: The City Coui
Declaration reflects the City Council's indt Carlsbad LCPA
RESOLUTION NO. 99-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION FOR ZCA 99-01/LCPA 99-01 AND APPROVING
LCPA 99-01.
CASE NAME: INCIDENTAL OUTDOOR DINING AREAS I1
CASE NO.: LCPA 99-01
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on April 21, 1999, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a Negative Declaration, Zone Code Amendment (ZCA 99.01)
and Local Coastal Program Amendment (LCPA 99-01) relating to Incidental Outdoor Dining
Areas 11. At the conclusion of the hearing the Commission adopted Planning Commission
Resolutions No. 4482, 4483, and 4484 recommending approval of the Negative Declaration,
ZCA 99-01 and LCPA 99-01; and
e
WHEREAS, the City Council of the City of Carlsbad, on the 15 day of
June , 1999, held a duly noticed public hearing to consider the Commission's
recommendations and to hear all persons interested in or opposed to the Negative Declaration,
Zone Code Amendment (ZCA 99-01} and Local Coastal Program Amendment (LCPA 99-01)
relating to Incidental Outdoor Dining Areas II.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California as follows:
1.
2.
That the above recitations are true and correct.
That the City Council adopts and incorporates the findings of Planning
Commission Resolution No. 4482 approving the Negative Declaration for the Incidental Outdoor
Dining Areas I1 Zone Code Amendment (ZCA 99-01) and Local Coastal Program Amendment
(LCPA 99-01).
#3-99B
Public Resources Code section 21081. Council Resolution It Ho Outdoor Dinina e
b. Location and Custodian of Record of
constitute the administrative record in
custody of and can be found in the office
Director of Planning in the City of Car
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
record includes, but is not limited to: the Negative Declaration,and all
public comments thereon received during the public review period
and responses thereto, and the proceedings of the Planning
Commission and the City Council thereon.
3. That the City Council adopts and incorporates the findings of Planning
Commission Resolutions No. 4483 and 4484 recommending approval of Zone Code
Amendment (ZCA 99-01) and Local Coastal Program Amendment (LCPA 99-01).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15 day of June 1999, by the following vote, to wit:
b
AYES:Council Members Lewis, Nygaard, Finnila & Hall
ATTEST:
AwHA L. rQa(U&NKR&@ , City Clerk
KAREN R. KUNDTZ, Assztant City Clerk
(SEAL)
-2-
11
1
1:
1:
11
l!
I(
1;
12
1s
2c
21
22
23
24
25
26
27
28
ORDINANCE NO. NS-493
A ZONE CODE AMENDMENT AND LOCAL COASTAL
PROGRAM AMENDMENT TO AMEND TITLE 21,
CHAPTERS 21.04,21.26,21.27, 21.28,21.29,21.30, 21.32, AND
21.34 OF THE CARLSBAD MUNICIPAL CODE RELATING
TO INCIDENTAL OUTDOOR DI”G AREAS ON
PROPERTY LOCATED CITYWIDE OUTSIDE OF THE
REDEVELOPMENT AREA AND OUTSIDE OF THE
CASE NAME: INCIDENTAL OUTDOOR DINING AREAS II
COMMERCIALNISITOR-SERVING OVERLAY ZONE.
CASE NO.: ZCA 99-01
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.04.188.1 to read as follows: I.
“21.04.188.1 Incidental Outdoor Dining Areas.
Incidental Outdoor Dining Area” means, everywhere except within the Redevelopment
Area Local Coastal Program Segment and except within the CommerciaVVisitor-Serving
Overlay Zone, a small extension of an indoor restaurant, bona fide eating establishment, or deli
which extends outdoors beyond the walls of the restaurant and which is used exclusively for
eating, drinking, and pedestrian circulation therein. Incidental Outdoor Dining Areas shall be
utilized only as extensions of restaurants providing indoor seating and which are properly
licensed for such service. On properties located west of the railroad right-of-way and outside of
the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowed only where
the existing indoor restaurant, bona fide eating establishment, or deli provides on-site parking in
compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinance) of the
MunicipaI Code. Incidental Outdoor Dining Areas may be located on private property only (not
in the public right-of-way). The maximum number of seats, tables, and square feet allowed in an
Incidental Outdoor Dining Area shall be limited to:
a maximum of 20% of the number of indoor seats or a maximum of twenty (20)
seats, whichever is more restrictive; and,
a maximum of six (6) tables; and
a maximum of 400 square feet in area.
(i)
(ii)
(iii) Incidental Outdoor Dining Areas may be allowed pursuant to Chapter 21.26 of the
Carlsbad Municipal Code. Any amount of outdoor dining area exceeding the above limitations
shall not be considered “incidental” for purposes of this definition.”
SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Mum
by the addition of Section 21.26.013 to read as follows:
“21.26.013 Incidental Outdoor Dining Areas Permitted bv adm
Incidental Outdoor Dining Areas may be approved by administrati7
bona fide eating establishments, and deli’s in the C-I, 0, C-2, C-T, C-M, M
of the Redevelopment Area and outside of the CommerciaWisitor-Serving
those sites located within the Coastal Zone west of the railroad right-of-w;
~~
EXHIBITNO. 2
Carlsbad LCPA
#3-99B
Ordinance NS-492
Outdoor Dining
1 Of5
!
parking for their indoor seating on-site in compliance with Chapter 21.44 (Parking Ordinance) oj
the Municipal Code. The owner of the subject property shall make written application to the
Planning Director. Such application shall include all materials deemed necessary by the Director tc
show that the requirements of Subsection (c) hereof are met. If the site is in the Coastal Zone, the
application shall also constitute an application for a Coastal Development Permit.
The Director shall give written notice to all property owners within 300 feet of the
subject property of pending development decision after the application is complete, at least fifteen
calendar days prior to the decision on the application as follows:
Contents. The notice shall include all requirements of Section 21.54.061 of
this code, including a notice of a public comment period of at least 15 calendar days suflicient to
receive and consider comments submitted by mail prior to the date established for the decision.
The notice shall also include a statement that a public hearing shall be held upon request by any
person and a statement that failure by a person to request a public hearing may result in the loss of
that person’s ability to appeal approval of the administrative permit by the Director to the Planning
Commission.
The Director may approve, approve with conditions, or deny the permit. The
Director may waive a public hearing on an administrative permit if notice has been provided in
accordance with subsection (a)(l) of this section and a .request for a pubiic hearing has not been
received by the city within 15 calendar days kom the date of sending tlie notice. If a request for a
public hearing is received, a public hearing before the Director shall be held in the same manner as
a Planning Commission hearing. In either event, the Director’s decision shall be based upon the
requirements of, and shall include, specific factual findings supporting whethtx the project is or is
not in conformity with the requirements of Section 2 1.26.01 3(c).
The Director’s decision shall be made in writing. The date of the decision shall bc
the date the writing containing the decision or determination is mailed or otherwise delivered to tht
person or persons affected by the decision. If the matter includes a Coastal Development Perrnit
unless the decision is appealed to the Planning Commission, the Director shall provide a notice ol
final action in accordance with Sections 2 1.20 1.160 and 2 1.20 1.170.
Development Standards. All Incidental Outdoor Dining Areas shall comply witk
the following development standards:
(1) All applicable requirements of the State of California Disabled Access
Regulations (Title 24).
(2) All applicable requirements of the Alcoholic Beverage Commission, if alcoholic beverages are served in the outdoor area.
(3) Be operated only during the hours of operation of the associated restaurant.
(4) Provide adequate circulation to accommodate normal pedestrian traffic and
circulation for the outdoor dining area. Pedestrian clearance between tables ahdor walldfences
shall be a minimum 42” wide.
(a)
(1)
(b)
(c)
(5) Not be located where the Incidental Outdoor Dining Area would:
(A)
(B)
(C)
@)
(E)
(F)
encroach into the public right-of-way;
eliminate any existing parking spaces;
interfere with vehicle or pedestrian circulation;
remove or reduce existing landscaping (unless equivalent additional
present a traffic hazard; or,
be incompatible with outdoor dining, in the opinion of the City
Engineer, because of the speed, volume, or nearness of vehicular
traffic.
(6) When calculating square footage for purposes of determining parking required
landscaping is provided elsewhere to the satisfaction of the Planning Director);
1(
11
1;
12 .. ..
14
15
16
17
18
19
20
. 21
22
23
24
25
26
27
28
-2- d
A
1
8
t
s
1C
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
per Chapter 2 1.44 of thts Code, space used for Incidental Outdoor Dining Areas pursuant to this
section shall be excluded.”
- I-
SECTION III: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 21.26.021(1) to read as follows:
“(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, nurseries for sale of plants and flowers and other
enterprises customarily conducted in the open;”
SECTION N: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.27.035 to read as follows:
“21.27.035
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Incidental Outdoor Dining. Areas permitted bv administrative permit.
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26,013(a).”
SECTION V: That Title 21, Chapter 21.28 of the Carlsbad Municipal Code is amended
by the addition of Section 21.28.012 to read as follows! . I
“21.28.012
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Incidental Outdoor Dining Areas udtted bv administrative permit.
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).”
SECTION VI: That Title 21, Chapter 21.28’ of the Carlsbad Municipal Code is amended
by the amendment of Subsection 2 1.28.020( 1) to read as follows:
“(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, horticultural nurseries, and other enterprises
customarily conducted in the open.”
SECTION VII: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is
amended by the addition of Section 2 1.29.045 to read as follows:
“2 1.29.045
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Incidental Outdoor Dining Areas permitted by administrative permit.
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).”
That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is SECTION VIII:
amended by the addition of Section 21.30.015 to read as follows:
“21.30.015
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Incidental Outdoor Dining Areas Demitted bv administrative permit.
-3- 7
d
1
(
1(
11
:12
1:
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).”
SECTION E: That Title 21, Chapter 21. 30 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 21.30.020(2) to read as follows:
“(2) All uses shall be conducted wholly within a completely enclosed building, 01
within an area enclosed on all sides with a solid wall or uniformly painted fence not less than fivc
feet in height, except such uses as gasoline stations, electrical transformer substations
horticultural nurseries, and other enterprises customarily conducted in the open, prbvided suck
exclusion shall not include storage yards, contractor’s yards and like uses;”
SECTION X: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended
by the addition of Section 21.32.015 to read as follows:
“2 1.32.01 5 .
Subject to the development standards set forth in section, 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).”
SECTION XI: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended
Incidental Outdoor Dininn Areas Dermitted bv administrative tmmit.
by the addition of Section 21.34.035 to read as follows:
“21.34.035
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Incidental Outdoor Dining Areas Demitted by administrative tmmit.
Outdoor Dining Area may be approved by administrative pdt pursuant to section 21.26.013(a).”
Ill
Ill
If1
Ill
Ill
If1
Ill
-4- 8
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
I
f- i-
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 shaIl not be
effective 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:
AB S3ENT :
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-5-
/. ,
I
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
I
Exhibit “Z”
March 17, 1999
REDLINE/STRIKEOUT VERSION OF ZCA 99-01 AND LCPA 99-01
SECTION I: That Title 21, Chapter 21. 04 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.04.188 to read as follows:
“21.04.188.1 Incidental Outdoor Diiiinp Areas.
Incidental Outdoor Diiiing Area ” means, everywhere except within the Redevelopment
Area Local Coastal Program Segment and except within the CommerciaUVisitor-Serving
Overlay Zone, a small extension of art indoor restaurant, bona jide eating establishment, or
deli which extends outdoors beyond the walls of the restaurant and which is used exclusively
for eating, drinking, and pedestrian circulation therein. Incidental Outdoor Dining Areas
shall be utilized only as extensions of restaurants providing indoor seating and which are
properly licensed for such service. On properties located west of the railroad right-of-way and
outside of the Village Redevelopment Area, Incidental Outdoor Dining Areas shall be allowed
only where the existing indoor restaurant, bona fide eating establishment, or deli provides on-
site parking in compliance with the parking ratios specified in Chapter 21.44 (Parking
Ordinance) of the Municipal Code. Incidental Outdoor Dining Areas may be located on
private property only (hot in the public right-of-way). The maximum number of seats, tables,
and square feet allowed in an Incidental Outdoor Dining Area shall be limited to:
a maximum of 20% of the number of indoor seats or a maximum of twenty (20)
seats, whichever is more restrictive; and,
a maximum of six (6) tables; and
a maximum of 400 square feet in area.
(0
(io
(iii) Incidental Outdoor Dining Areas may be allowed pursuant to Chapter 21.26 of the
Any amount of outdoor dining area exceeding the above Carlsbad Municipal Code.
limitations shall not be considered “incidental” for purposes of this definition. ”
SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended
by the addition of Section 21.26.013 to read as follows:
“21.26.013
Incidental Outdoor Dining Areas may be approved by administrative permit for
restaurants, boriafide eating establishments, and deli’s in the C-I, 0, C-2, C-T, C-M, M, and P-
M zones outside of the Redevelopment Area and outside of the Commerciawisitor-Serving
Overlay Zone, except on those sites located within the Coastal Zone west of the railroad right-ofi
way which do not provide parking for their indoor seating on-site in compliance with Chapter
21.44 (Parking Ordinance) of the Municipal Code. The owner of the subject property shall
make written application to the Director. Such application shall incl
necessary by the Director to show that the requirements of Subsection
site is in the Coastal Zone, the application shall also constitute an
Development Permit.
subject property of pending development decision afier the applicati
@peen working days prior to the decision 011 tlie application as follows:
(1) Contents. The notice shall include all requiremet
of this code, irrcluding a notice of a public conimieritperiod of at least 15
to receive urd consider conimerits submitted by mail prior to tlie date esta
The notice shall also irrclucie a statement that a public heuring shall be Ii
Incidental Outdoor Dininp Areas permitted bv administrative permit.
(a) The Director shall give written notice to all property owne
I
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
persorr and a statement that failure by a person to request a public hearing may result in the loss
of that person’s ability to appeal approval of the administrative permit by the Director to the
Planning Commission.
(6) The Director niay approve, approve with conditions, or deny the permit. The
Director tiiay waive a public hearing 011 an administrative permit if notice has been provided in
accordance with subsection (a)(l) of this section and a request for a public hearing has not been
received by the city within 15 working days from the date of sending the notice. If a request for a
public hearing is received, a public hearing before the Director shall be held in the same manner
as a Planning Commission hearing. In either event, the Director’s decision shall be hased upon
the requirements oJ and shall include, specific factual findings supporting whether the project is
or is not in conformity with the requiretnents of Section 21.26.013(~).
The Director’s decision shall be made in writing. TIie date of the decision shall
be the date the writing contailling the decision or determination is mailed or otherwise delivered
to the person or persons affected by the decision. If the matter includes a Coastal Development
Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a
notice offinal action in accordance with Sections 21.201.1 60 and 21.201.1 70.
Development Standards. All Irtcidental Outdoor Dining Areas shall compty with
the following development standards:
(1) All applicable requirements of the State of California Disabled Access Regulations (Title 24).
(2) All applicable requirements of the Alcoholic Beverage Commission, if
alcoholic beverages are served in the outdoor area.
(3) . Be operated only during the hours of operation of the associated
restaurant.
(4) Provide adequate circulation to accommodate normal pedestrian traffic
and circulation for the outdoor dining area. Pedestrian clearance between tables andor
walldfences shall be a minimum 42” wide.
(c)
(5) Not be located where the area would:
(A)
(B)
(C) (0) remove or reduce existing landscaping (unless equivalent
(E)
(F)
encroach into the public right-of-way;
eliminate any existing parking spaces;
interfere with vehicle or pedestrian circulation;
additional landscaping is provided elsewhere to the satisfaction of the Planning Director);
present a traffic hazard; or,
be incompatible with outdoor dining, in the opinion of the City
Engineer, because of the speed, volume, or nearness of vehicular
trafBc.,
When calculating square footage for purposes of determining parking
required per Chapter 21.44 of this Code, space used for Incidental Outdoor Dining Areas
pursuant to this section shall be excluded. ”
(6)
SECTION 111: That Title 2 1, Chapter 2 1.26 of the Carlsbad Municipal Code is amended by
the amendment of Subsection 21.26.020( 1) to read as follows:
“(1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, Incidental Outdoor Dining Areas (as defined in
Clinpter 21.04), and nurseries for sale of plants and flowers and similar enterprises customarily
-2-
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
i
conducted in the open;”
SECTION IV: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended
by the addition of Section 2 1.27.035 to read as follows:
“21.2 7.035
Subject to the developnient standards set forth in section 21.26.01 3(c) an Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section
21.26.01 3(a). ”
Incidental Outdoor Dinina Areas permitted bv administrative permit.
SECTION V: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is amended
by the addition of Section 21.28.012 to read as follows:
“21.28.012
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dinirig Area may be approved by administrative permit pursuant to section
21.26.01 3(a). ”
Incidental Outdoor Dininp Areas permitted bv administrative permit.
SECTION VI: That Title 21, Chapter 21. 28 of the Carlsbad Municipal Code is amended
by the amendment of Subsection 21.28.020(1) to read as follows:
“( 1) All uses shall be conducted wholly within a building except such uses as gasoline
stations, electrical transformer substations, Incidental Outdoor Dining Areas (as defined in
Chapter 21.04), and horticultural nurseries, and similar enterprises customarily conducted in the
open.”
SECTION VII: That Title 21, Chapter 21. 29 of the Carlsbad Municipal Code is
amended by the addition of Section 21.29.045 to read as follows:
“21.29.045
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section
21.26.013(a). ”
Incidental Outdoor Dininp Areas permitted bv administrative permit.
SECTION VIII: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is
amended by the addition of Section 21.30.015 to read as follows:
“21.30.01 5
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative pernrit pursuant to section
21.26.013(a). ’’
Incidental Outdoor Diiiirrp Areas vernritted bv administrative permit.
SECTION IX: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is
-3 -
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
A i
amended by the amendment of Subsection 21.30.020(2) to read as follows:
“(2) All uses shall be conducted wholly within a completely enclosed building, or within
an area enclosed on all sides with a solid wall or uniformly painted fence not less than five feet in
height, except such uses as gasoline stations, electrical transformer substations, Incidental Outdoor
Dining Areas (as defined in Chapter 21.04), and horticultural nurseries, and similar enterprises
customarily conducted in the open, provided such exclusion shall not include storage yards,
contractor’s yards and like uses;”
SECTION X: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code.is amended
by the addition of Section 21.32.015 to read as follows:
“21.32.01 5
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved by administrative permit pursuant to section
21.26.01 3(a). ”
Incidental Outdoor Dinina Areas permitted bv administrative permit.
SECTION XI: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended
by the addition of Section 21.34.035 to read as follows:
“21.34.045
Subject to the development standards set forth in section 21.26.013(c) an Incidental
Outdoor Dining Area may be approved ,by administrative permit pursuant to section
21.26.013(a). 19
Incidental Outdoor Dinina Areas - permitted bv administrative vermit.
-4-
EXHIBIT ZC 98-ll/LCPA 98-0
EXISTING L-C
PROPOSED R-I
CARNATION PROPER-
ZC 98-1 ULCPA 98-08
EXHIBITNO. 4
Carlsbad LCPA
#3-996
Location Carnation
alifomia Coastal Commission .. .,I..- _.
1
1
1:
1:
11
1:
1t
1;
1E
15
20
21
22
23
24
25
26
27
28
ORDINANCE NO. NS-498
A ZCIJE CHANGE AND LOCAL COASTAL PROGRAM
FROM LIMITED CONTROL LC TO ONE FAMILY RESIDEN-
TIAL R-1-Q ON PROPERTY GENERALLY LOCATED WEST
AMENDMENT CHANGING THE PROPERTY’S ZONING
OF BLACK RAIL ROAD AND NORTH OF AVIARA
PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE
20.
CASE NAME: CARNATION PROPERTY
CASE NO.: ZC 98-1 l/LCPA 98-08
The City Council ofthe City of Carlsbad, California, does ordain as follows:
SECTIONI: That the zoning map is hereby amended as shown on Exhibit ZC
98-1 1 attached hereto.
SECTION 2: When effective, this ordinance will also constitute an amendmeni
to the Local Coastal Program Land Use Map as-shown on Exhibit ZC 98-11LCPA 98-08
attached hereto.
EFFECTIVEDATE: 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
effective 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 6 th day of Juiv 1999, and thereafter.
1111
Yll
YII
fill
Ill
Ill
EXHIBITNO. 5
APPLICATION NO.
#3-99B
Carlsbad LCPA
Ordinance NS-498
Carnation
I &2
lifomia Coastal Commission
I
I
(
1(
11
1;
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13 tuay of July 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin
NOES: None
ABSENT: None
ATTEST:
/
AdEdIALrn E” Z, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
3
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
3. That the Mitigated Negative Declaration ref
independent Judgement.
4. That Pursuant to Public Resources Code se
materials that constitute the administrative record in this proceeding i can be found in the offices of the City Clerk and the Director of Plannir
The administrative record includes, but is not limited to: the Mitigated
all public comments thereon received during the public review perioc and the proceedings of the Planning Commission and the City Council
RESOLUTION NO. 99-244
EXHIBIT NO. 6
APPLICATION NO,
#3-998
Council Resolution
. Carnation
I Op.2
Carlsbad LCPA
alifomia Coastal Commission - -___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
CASE NAME: CARNATION PROPERTY
NEGATIVE DECLARATION FOR ZC 98-1 l/LCPA 98-08
'CASE NO.: ZC 98-1 l/LCPA 98-08
The City Council of the City-of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on May 5, 1999, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a Mitigated Negative Declaration relating to Zone Change
(ZC 98-11) and Local Coastal Program Amendment (LCPA 98-08). At the conclusion of the
hearing the Commission adopted Planning Commission Resolution No. 4531 approving the
Mitigated Negative Declaration; and
WHEREAS, the City Council of the City of Carlsbad, on the 6 th day of
July , 1999, held a duly noticed public hearing to consider the Commission's
recommendations and to hear all persons interested in or opposed to the Mitigated Negative
Declaration, Zone Change (ZC 98-1 1) and Local Coastal Program Amendment (LCPA 98-08)
relating to the Carnation Property project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the City Council adopts and incorporates the findings of Planning
Commission Resolution No. 4531 approving the Mitigated Negative Declaration for the
Carnation Property Zone Change (ZC 98-11) and Local Coastal Program Amendment (LCPA
98-08).
I
c L
7 -
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
PASSED AND ADOPTED at a regular meeting of the City Council of the City oi
Carlsbad on the 6 th day of July 1999, by the following vote, to wit:
AYES: council Members Lewis, Nygaard, Finnila, Hall 6 Kulchin
NOES: None
ABSENfhone /7
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
PROPERTY ZONE CHANGE
EXHIBIT "BB"
July 7, 1999
ZC: 98-10
dnff 1xI final 0
meridian, in the County of San Diego, State of California,
according to the United States Government Survey.
Property: From: To: Council Approval Date:
4. 21 5-080-1 9-00 L-C R-l-7.500-Q Ordinance No:
5. Effective Date: - .a.
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
RESOLUTION NO. 99-285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, ZONE CHANGE, LOCAL
HILLSIDE DEVELOPMENT PERMIT, AND COASTAL
DEVELOPMENT PERMIT TO CHANGE THE LAND USE
CREATE 37 RESIDENTIAL AND 1 OPEN SPACE LOT ON 14.7
ACRES ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF BLACK RAIL ROAD SOUTH OF POlNSElTlA LANE
AND NORTH OF AVIARA PARKWAY IN THE COASTAL ZONE
AND LOCAL FACILITIES MANAGEMENT ZONE 20
CASE NAME: HADLEY PROPERTY
COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP, i
DESIGNATION ON THE SITE FROM L-C TO R-1-7,500-Q, AND
CASE NO.: ZC 98-1 OLCPA 98-07/CT 98-1 7/HDP 98-1 7
i CDP 98-74
The City Council of the City of Carlsbad, California, does hereby resolve as
follows: %
WHEREAS, on July 7, 1999, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment,
Tentative Tract Map, Hillside Development Permit, ,and Coastal Development Permit to grade
and subdivide 14.7 acres into 38 lots, and adopted Resolutions 4573, 4574, 4575, 4576, 4577,
and 4578 recommending to the City Council that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, Zone Change, Local I Coastal Program
Amendment, Tentative Tract Map, Hillside Development Permit, and Coastal Development
Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on 10 th day of
August , 1999, held a duly noticed public hearing to consider the r
all persons interested in or opposed to the Mitigated Negative I
Monitoring and Reporting Program, Zone Change, Local Coas
Tentative Tract Map, Hillside Development Permit, and Coastal Devel
NOW THEREFORE, BE IT RESOLVED by the Ci
Carlsbad, California, as follows:
~-
Carlsbad LCPA
#3-99B
Council Resolution I
3f
1
r(
L
C
t
i
8
5
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone
Change 98-10, Local Coastal Program Amendment 98-07, Tentative Tract Map 98-17, Hillside
Development Permit 98-17, and Coastal Development Permit 98-74 is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT’
The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking judicial review must be
filed in the appropriate court no later than the ninetieth day following the
date on which this decision becomes final; however, if within ten days after
the decision becomes final a request for the record of proceedings
accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not latter than the thirtieth day
following the date on which the record is either personally delivered or
mailed to the party, or his attorney of record, if he. has one. A written
request for the preparation of the record of the proceedings shall be filed
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
Carlsbad, California 92008.”
...
...
...
. ..
...
...
. ..
. ..
. ..
. ..
...
1
1
L
1
t
c I
e
9
ia
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED at a regular meeting of the City Council of the City 01
Carlsbad on the 10 day of Ausust 1999, by the following vote, to wit:
AYES:Council Members Lewis, Nygaard, Hall & Kulchin
NOES: Council Member Finnila
ABSENTIN,,,
ATTEST:
-HA L. ~((LT~NK~z, City Clerk KAREN R. KUNDTZ,Assi$ant City Clerk
(SEAL)
-?-