HomeMy WebLinkAbout1999-09-14; City Council; Resolution 99-322W I
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A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE MELLO I, MELLO II AND AGUA HEDIONDA LAGOON
SEGMENTS OF THE CITY’S LOCAL COASTAL PROGRAM TO
ACKNOWLEDGE RECEIPT OF, AND ACCEPT, SUGGESTED
OVERLAY ZONE AS APPROVED BY THE CALIFORNIA
COASTAL COMMISSION.
CASE NAME: COASTAL COMMISSION MODIFICATIONS
MODIFICATIONS TO THE COMMERCIALNISITOR-SERVING
TO THE COMMERCIALNISITOR-SERVING
OVERLAY ZONE
CASE NO.: LCPA 98-05(A)/ZCA 98-01 (A)
WHEREAS, California State law requires that the Local Coastal Pros
General Plan and Zoning designations for properties in the Coastal Zone be in conform:
and
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12 I1 WHEREAS, the City approved LCPA 98-05 and ZCA 98-01 to establi // CommercialNisitor-Serving Overlay Zone within certain portions of the City’s coastal zor 13
May 18, 1999; and 14
15 WHEREAS, on August 12, 1999, the California Coastal Commission appr
said LCPlZCA amendment with “suggested modifications”; and 16
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WHEREAS, the City of Carlsbad has received “suggested modifications”
the California Coastal Commission for the CommercialNisitor-Serving Overlay Zone as set
in this resolution; and
WHEREAS, acceptance of the Coastal Commission’s “suggested modificai
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i3nd the agreement to administer them is necessary to comply with the California Coast;
;and California Administrative Code; and
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WHEREAS, a verified application for an amendment to Carlsbad’s Local Cc
IProgram and zone code are on file with the City’s Planning Department; and
WHEREAS, said application constitutes a request for a local coastal pro
;and zone code amendment as shown on Exhibit “LCPA 98-05(A) and ZCA 98-01(A)” (
:September 14, 1999, attached herein, as provided in Public Resources Code Section 3
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Article 15 of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code of Regula
(California Coastal Commission Administrative Regulations) and;
WHEREAS, the City Council did on the Xhday of September ,
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 testir
and arguments, if any, of all persons desiring to be heard, the City Council considered all fa
relating to the Local Coastal Program Amendment.
The City Council of the City of Carlsbad, California, does hereby resoh
follows:
1. That the above recitations are true and correct.
2. That based on the evidence presented at the public hearing, the Cc
APPROVES Local Coastal Program Amendment LCPA 98-05(A), and Zone Code Amend
ZCA 98-01 (A), dated September 14, 1999, attached hereto as a new ordinance, v
effectuates City acceptance of the Coastal Commission’s “ suggested modifications” base
the following findings:
Findinqs:
:l. That the proposed Amendments are required in order to accept the suggested modifica
approved by the California Coastal Commission on August 12, 1999.
2. That acceptance of the proposed “suggested modifications” is necessary by the City in 1
to comply with the California Administrative Code Segments 13544 and 13551.
3. That the proposed amendment will retain consistency between the City zone code ar
Local Coastal Program.
4. That by adopting the attached companion ordinance, the City acknowledges receipt of,
agrees to implement and administer, the Coastal Commission’s ‘suggested modificat
relative to the Commercial-Visitor-Serving Overlay Zone.
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PASSED AND ADOPTED at a regular meeting of the City C~uncil of the C
Carlsbad on the 14th day of September 1999, by the following Vote, to Wit:
AYES: Council Members Lewis, Finnila and Kulchin
NOES: None
ABSENT: Coundi1 Members Hall and Nygaard it ,:
ATTEST:
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1 nt City Clerk
(SEAL)
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(Form A)
TO: CITY CLERK'S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
ZCA 98-01(A)/LCPA 98-05(A) - Commercial/Visitor-Serving Overlay Zone Coast Corn
Suggested Modification for a public hearing before the City Council.
Please notice the item for the Council meeting of September 14, 19 .
Thank you.
fa a& August 27, 1999
Assistant City Man" Date
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO
p.m. on Tuesday, September 14, 1999, to consider amending the CommerciaWisitor-Serving
Overlay Zone Code Amendment and Local Coastal Program Amendment to incorporate the
Coastal Commission’s suggested modifications to change the wording of one sentence within the
CommerciallVisitor-Serving Overlay Zone Ordinance.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. If you have any questions, please call Gary Wayne/Eric Munoz in the Planning
Department at (760) 438-1 161, extension 4430.
The time within which you may judicially challenge this Local Coastal Program Amendments
and/or Z.one Code Amendment, if approved, is established by state law and/or city ordinance,
and is very short. If you challenge the Local Coastal Program Amendments and/or Zone Code
Amendment in court, you may be limited to raising only those issues you or someone else raised
at the public hearing described in this notice or in written correspondence delivered to the City of
Carlsbad. at or prior to the public hearing.
CASE FILE: LCPA 98-05(A)/ZCA 98-01(A)
CASE NAME: COMMERCIALNISITOR-SERVING OVERLAY ZONE SUGGESTED
MODIFICATIONS
PUBLISH: NORTH COUNTY TIMES: (PUBLISH DATE)
CITY OF CARLSBAD
CITY COUNCIL
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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 COMMERCIALNISITOR-SERVING OVERLAY
ZONE.
CASE NAME: COMMERCIALNISITOR-SERVING
OVERLAY ZONE
CASE NO.: ZCA 98-0l(A)/LCPA 98-05(A)
WHEREAS, the City Council passed the CommerciaWisitor-Serving OVI
Zone on May 18,1999; and
WHEREAS, the City made subsequent application to the Coastal Commissic
make corresponding amendments to the City’s Local Coastal Program to establish the OVI
Z.one within affected coastal properties; and
WHEREAS, the California Coastal Commission, on August 12,1999, did app
the Overlay Zone with “suggested modifications”; and
WHEREAS, the City Council acceptance of, and commitment to administer
“suggested modifications” is necessary in order to effectuate the Overlay Zone.
NOW, THEREFORE, the City Council of the City of Carlsbad, California,
ordain as follows:
Section 1: That Title 21 is amended by the amendment of Chapter 21.208.01
read as follows:
- 21.208.040 Permitted Uses.
CommerciaWisitor-Serving Uses are permitted uses, in the overlay zone, if they meel
requirements of this Chapter. The only permitted uses in the overlay zone are the reside1
industrial and office uses authorized as permitted uses by the zoning of the underlying z
which are not subject to the provisions of this Chapter. Those uses shall be developed subje
the development standards and entitlement processes required by their underlying zoning
addition, a roadside stand for the display and sale of products produced on the same premis
an allowed use provided that the floor area shall not exceed two hundred square feet ar
located a minimum of 20 feet from any street, highway or city right of way”
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoptio
the City Clerk shall certify to the adoption of this ordinance and cause it to be published a
once in a publication of general circulation in the City of Carlsbad within fifteen days aj
adoption. (Not withstanding the preceding, this ordinance shall not be efective within the
Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac
Council on the 14th day of September 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the C
Carlsbad on the day of 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
,4TTEST:
,4LETHA L. RAUTENKRANZ, City Clerk
(:SEAL)
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