2019-08 Adopting Modificatons from CA Coastal Commission amending the North 101 Corridor Specific Plan ORDINANCE 2019-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, ADOPTING THE MODIFICATION SUGGESTED BY THE
CALIFORNIA COASTAL COMMISSION TO CITY COUNCIL ORDINANCE
NO. 2019-04, AMENDING THE NORTH 101 CORRIDOR SPECIFIC PLAN
CASE NUMBER: 17-128 GPA/SPA/LCPA
WHEREAS, the City Council conducted Public Hearings on March 13, 2019 and
March 27, 2019, for the purpose of considering amendments and text/map changes to the
Local Coastal Program, Municipal and Zoning Codes, and three Specific Plans as part of the
Housing Element Update for the 2013-2021 planning period; and at which time adopted City
Council Ordinance No. 2019-04;
WHEREAS, the California Coastal Commission held a Public Hearing to review the
proposed amendments in the City Council Ordinance No. 2019-04 and certified the Local
Coastal Program Amendment No. LCP-6-ENC-19-0014-1 with a suggested modification;
WHEREAS, the suggested modification to the Local Coastal Program and the North
101 Corridor Specific Plan are required to clarify provisions to include traditional overnight
accommodations as a requisite use;
WHEREAS, the City Council conducted a Public Hearing on July 10, 2019, for the
purpose of considering public testimony relative to the suggested modification by the
California Coastal Commission regarding City Council Ordinance No. 2019-04;
WHEREAS, the City Council has duly considered all evidence, including testimony
and the analysis and recommendations by staff, presented at said hearing;
WHEREAS, based on the totality of the record and evidence described and
referenced in this Ordinance, the City Council finds that the proposed text amendment is
consistent with the purposes of the General Plan, Municipal Code, and adopted Local
Coastal Program.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby
ordains as follows:
SECTION ONE: NORTH 101 CORRIDOR SPECIFIC PLAN
That Section 3.1.2.H.1 of the North 101 Corridor Specific Plan is hereby amended to
include provisions for the N-L-VSC (R-30 OL) zone to read as follows:
1. N-L-VSC (R-30 OL) Permitted Uses
Permitted Uses in the N-L-VSC (R-30 OL) shall be the same as those permitted in
the L-VSC Zone in Title 30, Chapter 30.09. 010 and those permitted in the R-30 OL
Zone in Chapter 30.16, of the Encinitas Municipal Code. Future development will be
mixed-use to include residential and visitor-serving commercial uses, as well as a
minimum of 30 traditional overnight accommodations. The eventual proposal will
address a full range of affordability for the overnight accommodations.
SECTION TWO: PUBLIC NOTICE
The City Clerk is directed to prepare and have published a summary of the ordinance
no less than five days prior to consideration of its adoption, and again within 15 days
following adoption, indicating the votes cast.
SECTION THREE: VOTER REQUIREMENT
Consistent with the Order, Proposition A (EMC Chapter 30.00) is not applicable to
this item, and no voter requirement applies.
SECTION FOUR: CALIFORNIA COASTAL COMMISSION CERTIFICATION REQUIRED
The Development Services Director or designee is hereby directed to file all
necessary material to the State of California Coastal Commission to amend the Encinitas
Local Coastal Program.
SECTION FIVE: EFFECTIVE DATE
For portions of the City outside of the Coastal Zone, this Ordinance will become
effective 30 days following adoption by the City Council. For portions of the City within the
Coastal Zone, this Ordinance will become effective following certification by the California
Coastal Commission as being consistent with the Local Coastal Program for the City of
Encinitas.
SECTION SIX: SEVERABILITY CLAUSE
If any provision of this Ordinance or the application thereof to any person, property,
or circumstance is held invalid, such invalidity shall not affect other provisions or applications
of this Ordinance which can be given effect without the invalid provisions or application, and
to this end, the provisions of this Ordinance are hereby declared to be severable.
This Ordinance was introduced on July 10, 2019.
PASSED AND ADOPTED this Wednesday, 21St day of August, 2019, by the
following vote to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSTAIN: None
ABSENT: None
Catherine S. Blakespear, Mayor
City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No. 2019-08 which has been
published pursuant to law.
Kathy Hollywood, City Clerk