HomeMy WebLinkAbout2018-07-24; City Council; Resolution 2018-147RESOLUTION NO. 2018-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED
MODIFICATIONS FOR LCPA 2017-0003, AND APPROVING THE ASSOCIATED
SUGGESTED MODIFICATIONS TO THE VILLAGE MASTER PLAN AND DESIGN
MANUAL AND LOCAL COASTAL PROGRAM.
CASE NAME:
CASE NO.:
PROHIBITED USES CLARIFICATION AMENDMENT
AMEND 2017-0006/ LCPA 2017-0003 (PUB17Y-0015))
EXHIBIT 2
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-182,
approving AMEND 2017-0006/LCPA 2017-0003 -Prohibited Uses Clarification Amendment; and
WHEREAS, the Carlsbad Village Master Plan and Design Manual constitutes the Carlsbad Local
Coastal Program for the Village segment of the Coastal Zone, and therefore, an amendment to the
Village Master Plan and Design Manual also constitutes an amendment to the Local Coastal Program;
and
WHEREAS, the California Coastal Act requires Coastal Commission certification of any local
coastal program amendment; and
WHEREAS, on September 28, 2017, the city submitted an application to the Coastal Commission
requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 2017-0003; and
WHEREAS, on June 7, 2018, the California Coastal Commission approved the city's Local Coastal
Program Amendment (LCPA 2017-0003); and the city received a letter dated June 8, 2018, from the
California Coastal Commission that certifies (resolution of certification) the Coastal Commission's
approval of the city's Local Coastal Program amendment (LCPA 2017-0003), subject to suggested
modifications; and
WHEREAS, the California Coastal Commission's approval of LCPA 2017-0003 will not become
effective until the Commission certifies that the city has amended its Local Coastal Program pursuant
to the Commission's suggested modifications; and
WHEREAS, on July 24, 2018, the City Council held a duly noticed public hearing as prescribed by
law to consider the Coastal Commission's suggested modifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
July 24, 2018 Item #18 Page 6 of 10
EXHIBIT 2
2. That the Coastal Commission's suggested modifications to Village Master Plan and
Design Manual Amendment AMEND 2017-0006/Local Coastal Program Amendment LCPA 2017-0003,
are approved as shown in Attachment A of this resolution.
EFFECTIVE DATE: The approval of this resolution shall not be effective until the Executive Director
of the California Coastal Commission certifies that implementation of LCPA 2017-0003 will be consistent
with the Coastal Commission's approval of LCPA 2017-0003 with suggested modifications.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of :!..ldJ.y 2018, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: M. Hall.
July 24, 2018 Item #18 Page 7 of 10
ATIACHMENT A to EXHIBIT 2
1.Page 42, under Allowable Land Uses, the General Notes are amended as follows:
General Notes
1.Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit
approved by the City Planner.
2.All existing uses which are noted as "not permitted" within a land use district noted on this land
use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within
this chapter. No expansion or intensification of nonconforming uses will be permitted.
3.No Adult Entertainment Uses permitted within any land use district within the Village.
4.For all Village properties which are also located within the Coastal Zone, the primary permitted land
uses for all ground floor space shall be those which are visitor-serving commercial. Visitor-serving
commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist
information facilities, souvenir, gift or novelty shops and/or services which will aid in the
comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are
not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be
approved, or conditionally approved, via the Village Review permit process.
5.Outside the Coastal Zone, all ground floor commercial space must be designed and constructed to
fully support legitimate and quality commercial uses.
6.Cardrooms (Ch. 5.12), retail sales of dogs and cats (Ch. 7.16), camping on public property (Ch. 8.36),
mini-satellite wagering (Ch. 8.80) and cannabis activities (Ch. 8.90) prohibited in the Carlsbad
Municipal Code are also prohibited as land uses under the Village Master Plan and Design Manual.
July 24, 2018 Item #18 Page 8 of 10