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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