Loading...
HomeMy WebLinkAboutGPA 10-01; Village Area Titile Amendments; General Plan Amendment (GPA)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 5, 2010 Application complete date: N/A Project Planner: Corey Funk Project Engineer: N/A SUBJECT: GPA 10-01/LCPA 10-01/ZCA 10-02 - VILLAGE AREA TITLE AMENDMENT - A request for a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Code Amendment to make minor amendments to correct titles related to the expiration of the Village Redevelopment Plan. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6691, 6692, and 6693, RECOMMENDING APPROVAL of GPA 10-01, LCPA 10-01 and ZCA 10-02, based on the findings contained therein. II.INTRODUCTION This proposal is City-initiated and consists of: (1) amendments to the text of the General Plan Land Use Element, Local Coastal Program and Zoning Ordinance to correct terminology related to the Village area; and 2) amendments to the Zoning Map, LCP Land Use Plan map and LCP Zoning Map to remove the term "redevelopment" from references to the Village area. All proposed changes relate to the expiration of the Village Redevelopment Plan and consist only of title corrections. III. PROJECT DESCRIPTION AND BACKGROUND On June 23, 2009, to address the expiration of the Village redevelopment plan (scheduled to expire on July 21, 2010, the City Council approved amendments to the Village Master Plan and Design Manual, Zoning Ordinance, LCP, and General Plan (RP/LCPA 95-10(A)xl/ZCA 95- 10(A)xl/MCA 95-01 (A)xl/GPA 09-03). Among other items, the June 2009 amendments changed the titles of the applicable Village area zoning district and LCP segment by removing the term "redevelopment". The current proposed amendment (Village Area Title Amendment - GPA 10-01/LCPA 10-01/ZCA 10-02) consists of correcting title references related to the Village area that were not amended by the earlier action. Also included is an unrelated amendment to the General Plan to revise outdated wording which describes the permit authority in the various LCP segments. No changes to policy, programs or processes are proposed, and the map changes do not alter existing regulations or land use/zoning designations affecting any property in the City. GPA 10-01/LCPA 10-01/ZCA 10-02 - VILLAGE AREA TITLE AMENDMENTS MAY 5, 2010 PAGE 2 IV. ANALYSIS A. Purpose and Description of Proposed Amendments When the Village redevelopment plan expires, certain terms related to the Village "redevelopment" area will no longer be relevant. Any reference to Village "redevelopment" should be amended to delete the term "redevelopment". In addition, the Design Review Board's authority was transferred to the Planning Commission when the redevelopment plan was originally scheduled to expire on July 21, 2009; therefore, any reference to the Design Review Board should be deleted. The amendments approved by City Council in June 2009 (described above) amended the majority of references related to the Village "redevelopment" area. However, a few references were inadvertently not amended, which comprise the purpose of this amendment. Table I summarizes the proposed amendments and indicates which attached documents to refer to for more information. TABLE I SUMMARY OF AMENDMENTS Amended Document General Plan Land Use Element LCP Land Use Plan Summary of Amendments Section Il.CJ.d (description of the Village (V) land use classification) - change the existing reference to the "Village Master Plan" to "Village Master Plan and Design Manual" to reflect the correct title of the document Section II. D. 3 (Special Planning Considerations - Coastal Zone Programs) - delete reference to "Redevelopment segment" to remove the outdated segment name Section II. D. 3 (Special Planning Considerations - Coastal Zone Programs) - revise outdated wording to reflect the current coastal zone permit authority status: California Coastal Commission maintains permit authority in the Agua Hedionda LCP segment and the City maintains permit authority in the remaining five LCP segments. Map 4 (Local Coastal Program Boundary) - change the title of the LCP segment applicable to the Village from "Village Redevelopment" to "Village Area") Introduction (Section D. History) - indicate that the Village Redevelopment Plan will expire on July 21, 2010 and the title of the "Village Area Redevelopment" segment has been changed to "Village Area" segment Refer to these attachments for more information Attachment 1 (Exhibit X-l) & Attachment 4 (strike- out/underline) Attachment 1 (Exhibit X-2) & Attachment 5 (strike- out/underline) Attachment 1 (Exhibit X-2) & Attachment 5 (strike- out/underline) Attachment 1 (Exhibit X-3) Attachment 2 (Exhibit Y-l) & Attachment 6 (strike- out/underline) GPA 10-01/LCPA 10-01/ZCA 10-02 -VILLAGE AREA TITLE AMENDMENTS MAYS, 2010 PAGE 3 TABLE I SUMMARY OF AMENDMENTS CONTINUED Amended Document LCP Land Use Plan, Cont'd. LCP Land Use Plan Map LCP Zoning Map Zoning Ordinance Zoning Map Summary of Amendments Introduction (Exhibit - LCP Segment Boundaries) - delete the term "redevelopment" from the title of the LCP segment applicable to the Village (replace with the title "Village Area") Change the land use designation title of the "Village Redevelopment Area" to "Village" Change the zoning designation title of the "Village Redevelopment Zone" to "Village Review Zone" Change references to the "Village Redevelopment Zone" to "Village Review Zone" Change references to the "Village Redevelopment Master Plan" to "Carlsbad Village Master Plan and Design Manual" to reflect the correct title of the document Delete references to the "Design Review Board" Change the title of the "Village Redevelopment Zone" to "Village Review Zone" Refer to these attachments for more' information Attachment 2 (Exhibit Y-2) Attachment 2 (Exhibit Y-3) Attachment 2 (Exhibit Y-4) Attachment 3 (Exhibit Z- 1/ Draft Ordinance) & Attachment 7 (strike- out/underline) Attachment 3 (Exhibit Z-2) B. General Plan, Zoning Ordinance and Local Coastal Program Consistency The proposed amendments are minor and only involve title or reference changes and provide clarification. No changes to development standards, policies or programs are proposed. Therefore, the proposed amendments do not create any conflicts with the provisions of the General Plan, Local Coastal Program, or Zoning Ordinance. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Changing the title of a zoning district and Local Coastal Program segment will not result in a significant effect on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 6691 (GPA) 2. Planning Commission Resolution No. 6692 (LCPA) 3. Planning Commission Resolution No. 6693 (ZCA) 4. Strikeout/underline version of the proposed General Plan Section Il.C.S.d text amendment GPA 10-01/LCPA 10-01/ZCA 10-02 - VILLAGE AREA TITLE AMENDMENTS MAYS, 2010 PAGE 4 5. Strikeout/underline version of the proposed General Plan Section II.D.3 text amendment 6. Strikeout/underline version of the proposed Local Coastal Program text amendment 7. Strikeout/underline version of the proposed Zoning Ordinance text amendment 1 PLANNING COMMISSION RESOLUTION NO. 6691 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: GPA 10-01 7 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application8 with the City of Carlsbad; and 10 WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibits "X-l", "X-2", and "X-3" dated May 5, 2010, attached hereto 12 and on file in the Carlsbad Planning Department, VILLAGE AREA TITLE AMENDMENT - 13 GPA 10-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of 14 the Carlsbad Municipal Code; and 15 WHEREAS, the Planning Commission did, on May 5, 2010, hold a duly noticed 17 public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 20 relating to the General Plan Amendment. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission of the City of Carlsbad, as follows: £* ,J 24 A) That the above recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT 26 - GPA 10-01, based on the following findings: 27 Findings; 28 1. The proposed amendment is necessary to facilitate expiration of the Village Redevelopment Plan and ensure consistency with the Carlsbad Zoning Ordinance and Local Coastal Program. 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 2. The proposed amendment does not affect or conflict with any General Plan regulations, land use designations or policies with which development must comply. 3. The proposed amendment is consistent other related documents as described May 5, 2010. with applicable plans, maps ordinances and in the Planning Commission Report dated PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, wit: AYES: NOES: ABSENT: ABSTAIN: ^^_ <^vs?y 9^fe> CARLSBAD PLANNING COMMISSION ATTEST: A /* 2^L /bu DON NEU Planning Director • PCRESONO. 6691 -2- held on May 5, 2010, by the following vote, to c Land Use Element Exhibit X-1 May 5, 2010 access. Landscaped buffers should be provided around the project site between neighborhood commercial uses and other uses to ensure compatibility. All buildings should be low-rise and should include architectural/design features to be compatible with the neighborhood. Permitted uses and building intensities should be compatible with surrounding land uses. b. Regional Commercial (R): Regional commercial centers provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishing in full depth and variety. Two or more department stores are typically the major anchors of a regional shopping center, while other stores supplement and complement the various department store lines. New forms of regional centers may include such developments as outlet centers with an aggregation of factory outlet stores where there are no specific anchor tenants although such centers are regional and enjoy a strong tourist trade. Regional centers draw customers from outside the City and generate interregional traffic. For this reason, such centers are customarily located on a site that is easily visible as well as accessible from interchange points between highways and freeways. Local shopping centers may be adjunct to regional centers to also serve the daily convenience needs of customers utilizing the larger shopping center. A group of convenience stores, service facilities, business and professional offices are also often associated with a regional center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. c. Travel/Recreation Commercial (TR): This land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses may include, but are not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. Travel/recreation commercial uses are generally located near major transportation corridors or recreational and resort areas such as spas, hotels, beaches or lagoons. Travel/recreation commercial uses should be compatible with and designed to protect surrounding properties, should ensure safe traffic circulation and should promote economically viable tourist-oriented areas of the City. d. Village (V): The Village addresses land uses located in the heart of "old" Carlsbad in the area commonly referred to as the "downtown." Permitted land uses may include retail stores, offices, financial institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed throughout the area. The Village Area is regulated by the Carlsbad Village Master Plan and Design Manual. e. Office and Related Commercial (O): This classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is. especially appropriate for medical office use. Office and related commercial land use can be used as buffers between retail commercial areas and residential uses. 4. PLANNED INDUSTRIAL (PI) Planned Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and develop-ment, and utility use. Agricultural and outdoor recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. 5. GOVERNMENTAL FACILITIES (G) This classification of land use designates areas currently being used for major governmental facilities by agencies such as the city, county, state, or federal government. Facilities within this category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar Airport). Smaller facilities, such as branch libraries, may be found in other land use designations, such as commercial, and are not shown on the land use map. Amended June 23, 2009 Page 19 Exhibit X-2 May5, 2010 City of Carlsbad General Plan Land Use Element, Section II.D.3 (Special Planning Considerations - Coastal Zone Programs) is proposed to be amended as follows: 3. COASTAL ZONE PROGRAMS In 1972, California voters approved Proposition 20 which led to the enactment of the State law (California Coastal Act of 1976) which regulates any development within California's Coastal Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs (LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's coastal zone has been divided into six segments and each segment is regulated by separate LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal Zone which were established by the State are depicted on the Land Use Map. Almost every conceivable type of development proposal within the Coastal Zone from removal of natural vegetation to the construction of huge master planned communities requires the approval of a Coastal Development Permit (CDP) in addition to any other permits or entitlements. The land use policies, programs and regulations of the relevant LCP shall be referred to in addition to the General Plan, the Municipal Code and other pertinent regulations for guiding land use and development within the Coastal Zone. The California Coastal Commission currently retains Coastal Development Permit authority in the Agua Hedionda Segment. In the remaining five segments, the City has the authority to issue Coastal Development Permits. In those circumstances where an issue is not addressed by the Local Coastal Program Land Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development permit, or exemption may be granted unless the project considered is found by the appropriate authority to be consistent with the City of Carlsbad General Plan. In those circumstances where an issue is addressed by both the Local Coastal Program Land Use Plan and the City of Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail. Land Use Element Exhibit X-3 May5, 2010 Local Coastal Program Q IHflfVtiO*«<i:«T VILLAGE [71 t**T Map 4 Amended June 23, 2009 Page 25 1 PLANNING COMMISSION RESOLUTION NO. 6692 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: LCPA 10-01 7 WHEREAS, California State law requires that the Local Coastal Program,8 9 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 10 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 11 for an amendment to the Local Coastal Program; and 12 WHEREAS, said verified application constitutes a request for a Local Coastal 13 Program Amendment as shown on Exhibits "Y-l," "Y-2," "Y-3," and "Y-4" dated May 5, 14 2010, attached hereto, and as shown on Exhibit "Z-l" dated May 5, 2010, attached to Planning , 6 Commission Resolution No. 6693, as provided in Public Resources Code Section 30514 and 17 Section 13551 of California Code of Regulations Title 14, Division 5.5; and 18 WHEREAS, the Planning Commission did on May 5, 2010, hold a duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 22 relating to the Local Coastal Program Amendment; and 24 WHEREAS, State Coastal Guidelines requires a six-week public review period 25 for any amendment to the Local Coastal Program. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad, as follows: 28 A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on April 9, 2 2010 and ending on May 21, 2010, staff shall present to the City Council a summary of the comments received. 3 C) That based on the evidence presented at the public hearing, the Commission 4 RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT _ - LCPA 10-01 based on the following findings: 6 Findings: 7 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 8 of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ensures consistency with the Carlsbad General Plan and Zoning Ordinance, and does not conflict with any coastal zone regulations, land use 10 designations or policies, with which development must comply. 11 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan Amendment (GPA 10-01) and 12 Zone Code Amendment (ZCA 10-02). 13 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 14 Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit: 15 AYES: 16 ]y NOES: 18 ABSENT: 19 ABSTAIN: 20 21 22 __ Erson 23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 28 DON NEU Planning Director PC RESO NO. 6692 -2- Exhibit Y-1 May5, 2010 Land Use - Introduction Chapter I the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was prepared by the City and approved by the Coastal Commission on July 1, 1982. Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and conflicts between the City and Commission over the years. These segments cover a good portion of the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued negotiations with the Commission through a City Council- formed special committee comprised of Commission staff and City officials to resolve issues. In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone. In the summer of 1985, the City submitted two amendment requests to the Commission and, in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments. These major amendments to the LCP involved changes to the agricultural preservation, steep slope and housing protection policies of the Mello I and II segments. After certification of these amendments, the City adopted the Mello I and II LCP segments and began the process of preparing documents for "effective" certification of the entire LCP. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal development permit for a project comprising the majority of the uplands within that segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing ordinances. The plan area of the Village Area segment (previously titled "Village Area Redevelopment" segment) was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment. The City assumed permit authority for this segment on December 14, 1988. In November 2009, the title of this segment was changed to the "Village Area" segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the boundaries and policies affecting this segment are unchanged. The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The segment was certified by the Commission (land use and master plan as implementing ordinances) in March of 1988. City of Carlsbad 4 Local Coastal Program Land Use - Introduction Exhibit Y-2 May5, 2010 Chapter I MEDfOKOA LAGOON WEST 8AT1QOITOS I AST 8ATIQUIT0S LAGOOK City of Carlsbad Local Coastal Program Exhibit Y-3 May5, 2010 LCPA 10-01 (LCP Land Use Map) Village Area Title Amendment \\^r \RM\ A\ .^_ i.ii-.n^ ii | N | Neighborhood Commercial | RH ] High Density Residential "*" IBB Commercial [ AR | Agricultural/Residential ( | UA| Unplanned Areas I U | Public Utilities | 0 | Governmental Facilities I OS I Open Space J Travel Services Co | RC J Recreation Commercial |NRR| N on-Residential Reserve . T " H [ ^^ J General Commercial Transportation Corridor . . I " [ Regional Commercial |^T-RJ Travel/Recreation CommeislaJ EXISTING Public Utilities j - 1 I G I Governmental Pacilitic* HOpen Space • - - |MRR| Non-Residential Reserve HTransportation Corridor l N | Neighborhood Commercial L*VjJ Hiflh Density Residential ( I "^^ J Travel Services Commerobf I Recreation Commercial J Agricultural/Residential (! J Unplanned Areas General Commercial Regional Commercial Travel/Recreation Commercial PROPOSED Exhibit Y-4 May5, 2010 LCPA 10-01 (LCP Zoning Map) Village Area Title Amendment R-3 Multiple-Family Residential Zone C-L Local Shopping Center Zone HU-M| Residential Density-Multiple Zone | M | Industrial Zone RMHH Residential Mobile Home Park Zone P-M planned Industrial Zone I R-P Residential Professional Zone V-R djjjlage Redevelopment ZonO [ R-r | Residential Tourist Zone | P-U | Public Utility Zone R-W Residential Waterway Zone P-C Planned Community Zone EXISTING |R-3 | Multiple-Family Residential Zone I C-L Local Shopping Center Zon |RD-M| Residential Density-MultipleZone I W I Industrial Zone RMHH Residential Mobile Home Pork Zone JPM I Planned Industrial Zone [R-P | Residential Professional Zone IV-R {j/jjlage ReviewZone^ R-T I Residential Tourist Zone I P-U Public Utility Zone R-W I Residential Waterway Zone I P-C I Planned Community Zone OS Open Space Zone I L-C Limited Control Zone PROPOSED 1 PLANNING COMMISSION RESOLUTION NO. 6693 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO MAKE 4 MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: ZCA 10-02 7 WHEREAS, the Planning Director has prepared a proposed Zone Code8 9 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to various 10 chapters of the Zoning Ordinance and the Zoning Map; and 11 WHEREAS, the proposed amendment is set forth in the draft City Council 12 Ordinance, Exhibits "Z-l" and "Z-2" dated May 5, 2010, and attached hereto VILLAGE 13 AREA TITLE AMENDMENT - ZCA 10-02; and 14 WHEREAS, the Planning Commission did on the 5th day of May, 2010, hold a . , duly noticed public hearing as prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering all testimony 18 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 A) That the foregoing recitations are true and correct. ^-••J 24 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT 25 - ZCA 10-02, based on the following findings: 26 Findings; 27 1. That the proposed Zone Code Amendment ZCA 10-02 is consistent with the General 28 Plan in that it does not affect or conflict with any General Plan regulations, land use designations or policies with which development must comply. 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 2. That the proposed ZCA reflects sound principles of good planning in that it ensures internal consistency with other Zoning Ordinance procedures and standards that are not proposed for amendment, as well as the General Plan and Local Coastal Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6693 -2- Exhibit "Z-1" May5, 2010 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO MAKE MINOR MODIFICATIONS TO THE ZONING ORDINANCE AND ZONING MAP LABELS TO 4 CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 5 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO.: ZCA 10-02 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 Section I: That Section 21.05.010 (Zone Establishment - Boundaries, Names of 8 Zones) is amended to read as follows: 9 21.05.010 Names of zones. 10 In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-1—Neighborhood Commercial Zone C-2—General Commercial Zone C-F—Community Facilities Zone C-L—Local Shopping Center Zone C-M—Heavy Commercial-Limited Industrial Zone C-T—Commercial Tourist Zone E-A—Exclusive Agricultural Zone 18 L-C—Limited Control Zone M—Industrial Zone y O—Office Zone _„ O-S—Open Space Zone P-C—Planned Community Zone 91 P-M—Planned Industrial Zone 21 P-U—Public Utility Zone ~~ R-1—One-Family Residential Zone R-2—Two-Family Residential Zone R-3—Multiple-Family Residential Zone R-A—Residential Agricultural Zone 24 R-E—Residential Estate Zone R-P—Residential-Professional Zone R-T—Residential Tourist Zone R-W—Residential Waterway Zone RD-M—Residential Density-Multiple Zone RMHP—Residential Mobile Home Park 27 T-C—Transportation Corridor Zone V-R—Village Review Zone 2g BAO—Beach Area Overlay Zone Coastal Agriculture Overlay Zone 1 Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone 2 Coastal Resource Overlay Zone Mello I LCP Segment C/V-SO—Commercial/Visitor-Serving Overlay Zone 3 F-P—Floodplain Overlay Zone H-O—Hospital Overlay Zone 4 Q—Qualified Development Overlay Zone S-P—Scenic Preservation Overlay Zone 5 Section II: That footnote (8) to Table A of Section 21.45.040 (Planned 6 Developments, Permitted zones and uses) is amended to read as follows: 7 (8) Refer to the Carlsbad Village Master Plan and Design Manual for permitted uses. 8 Section III: That the list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is proposed to be amended as follows: 10 Sections: 11 21.54.010 Applications. 21.54.020 Acceptability of signatures on applications. 12 21.54.030 Applications a part of permanent record. 21.54.040 Filing fees. 13 21.54.050 Setting of hearing. 21.54.060 Notices. 14 21.54.061 Content of notice. 21.54.062 Additional notice to persons requesting it. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Required wording of notices. 21.54.080 Investigations. 21.54.090 Rule establishment for conduct of hearings. . 8 21.54.100 Hearing continuance without public notice. 21.54.110 Permanent files shall include summary of testimony. ,o 21.54.120 General plan amendments (except for the coastal zone). 21.54.130 Restriction on reapplication after denial. 2Q 21.54.140 Effective date of order-Appeal of planning director or housing and redevelopment director decisions. 2j 21.54.150 Effective date of order-Appeal of planning commission decisions. 22 Section IV: That Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, 23 Effective date of order—Appeal of planning director or housing and redevelopment director 24 decisions) is amended to read as follows: 25 (a) This section shall apply to those decisions or determinations of the planning 26 director or housing and redevelopment director made pursuant to this title or planning director 27 determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment 28 -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 director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and redevelopment commission" shall be interchangeable with "city council." Section V: That the title of Section 21.54.150 and Section 21.54.150(a) (Procedures, Hearings, Notices and Fees, Effective date of order—Appeal of planning commission or design review board decisions) is amended to read as follows: 21.54.150 Effective date of order—Appeal of planning commission decisions. (a) This section shall apply to those decisions or determinations of the planning commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and redevelopment commission" shall be interchangeable with "city council." Section VI: That Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is proposed to be amended as follows: Table A Zones Where Housing for Senior Citizens Is Permitted Zone R-3 R-P R-T R-W RD-M V-R P-C Housing for Senior Citizens SDP SDP* SDP SDP SDP ** ** Note: Housing for Senior Citizens is prohibited in those zones not indicated. *The city may approve a site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property permits residential uses. ** May be permitted subject to the standards of the controlling document (i.e., in V-R zone - Carlsbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. -3- 1 Section VII: That Section 21.201.020.H (Coastal Development Permit 2 Procedures, Definitions) is amended to read as follows: 3 H. "Coastal zone" means the coastal zone of the city as described in the Public 4 Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the 5 Agua Hedionda Lagoon and Village Area segments of the Carlsbad Local Coastal Program). 6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 7 adoption, but not until certified by the California Coastal Commission and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a 9 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 10 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2010, and thereafter. 12 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2010, by the following vote, to wit: M AYES: 15 NOES: 16 ABSENT: 17 ABSTAIN: 18 APPROVED AS TO FORM AND LEGALITY 20 22 26 RONALD R. BALL, City Attorney 23 CLAUDE A. LEWIS, Mayor 24 ATTEST: 25 LORRAINE M. WOOD, City Clerk 27 (SEAL) 28 " -4- Exhibit Z-2 May5, 2010 ZCA 10-02 (Zoning Map) Village Area Title Amendment Local Shopping Center General & Neighborhood Commercial Tourist Commercial Heavy Commercial Industrial Planned Industrial p-u Public Utility •MMMBBMPH Redeveloprnerji"•••"•^•^^••••MW*^"^^^^^^^ p-c Planned Community L-C Limited Control QS ^ Open Space Transportation Corridor Multiple Designations Other Roads Arterial Roadway Scenic Preservation Overlay Special Flood Hazard Area f yy|§ Commercial Visitor Serving C Beach Overlay Zone EXISTING LEGEND ( partial) C-L ; P-M P-U IB P-C L-C r , OS Local Shopping Center General & Neighborhood Commercial Tourist Commercial Heavy Commercial Industrial /' X- Planned Industrial Public Utility 'illage Revie' Planned Community Limited Control Open Space Transportation Corridor Multiple Designations /'' \/' Other Roads ,'^,' Arterial Roadway **\+* Scenic Preservation Overlay Special Flood Hazard Area ( _=J|p-J Commercial Visitor Serving C Beach Overlay Zone PROPOSED LEGEND (partial) Carlsbad General Plan Section ll.C.S.d Underline/Strikeout Exhibit Land Use Element Attachment 4 May5, 2010 access. Landscaped buffers should be provided around the project site between neighborhood commercial uses and other uses to ensure compatibility. All buildings should be low-rise and should include architectural/design features to be compatible with the neighborhood. Permitted uses and building intensities should be compatible with surrounding land uses. b. Regional Commercial (R): Regional commercial centers provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishing in full depth and variety. Two or more department stores are typically the major anchors of a regional shopping center, while other stores supplement and complement the various department store lines. New forms of regional centers may include such developments as outlet centers with an aggregation of factory outlet stores where there are no specific anchor tenants although such centers are regional and enjoy a strong tourist trade. Regional centers draw customers from outside the City and generate interregional traffic. For this reason, such centers are customarily located on a site that is easily visible as well as accessible from interchange points between highways and freeways. Local shopping centers may be adjunct to regional centers to also serve the daily convenience needs of customers utilizing the larger shopping center. A group of convenience stores, service facilities, business and professional offices are also often associated with a regional center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. c. Travel/Recreation Commercial (TR): This land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses may include, but are not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. Travel/recreation commercial uses are generally located near major transportation corridors or recreational and resort areas such as spas, hotels, beaches or lagoons. Travel/recreation commercial uses should be compatible with and designed to protect surrounding properties, should ensure safe traffic circulation and should promote economically viable tourist-oriented areas of the City. d. Village (V): The Village addresses land uses located in the heart of "old" Carlsbad in the area commonly referred to as the "downtown." Permitted land uses may include retail stores, offices, financial institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed throughout the area. The Village Area is regulated by the Carlsbad Village Master Plan and Design Manual. e. Office and Related Commercial (0): This classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is especially appropriate for medical office use. Office and related commercial land use can be used as buffers between retail commercial areas and residential uses. 4. PLANNED INDUSTRIAL (PI) Planned Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and develop-ment, and utility use. Agricultural and outdoor recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. 5. GOVERNMENTAL FACILITIES (G) This classification of land use designates areas currently being used for major governmental facilities by agencies such as the city, county, state, or federal government. Facilities within this category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar Airport). Smaller facilities, such as branch libraries, may be found in other land use designations, such as commercial, and are not shown on the land use map. Amended June 23, 2009 Page 19 Carlsbad General Plan Section II.D.3 Attachment 5 Underline/Strikeout Exhibit May 5, 2010 City of Carlsbad General Plan Land Use Element, Section II.D.3 (Special Planning Considerations - Coastal Zone Programs) is proposed to be amended as follows: 3. COASTAL ZONE PROGRAMS In 1972, California voters approved Proposition 20 which led to the enactment of the State law (California Coastal Act of 1976) which regulates any development within California's Coastal Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs (LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's coastal zone has been divided into six segments and each segment is regulated by separate LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal Zone which were established by the State are depicted on the Land Use Map. Almost every conceivable type of development proposal within the Coastal Zone from removal of natural vegetation to the construction of huge master planned communities requires the approval of a Coastal Development Permit (CDP) in addition to any other permits or entitlements. The land use policies, programs and regulations of the relevant LCP shall be referred to in addition to the General Plan, the Municipal Code and other pertinent regulations for guiding land use and development within the Coastal Zone. Although the City has adopted LCP segments for all of its Coastal Zone, The California Coastal Commission currently retains Coastal Development Permit authority in the Agua Hedionda Segment, it only has authority to issue Coastal Development Permits within the Redevelopment segment. In the remaining five segments, the City has the authority to issue Coastal Development Permits. the California Coastal Commission currently retains Coastal Development Permit authority. Carlsbad is actively pursuing the lengthy task of effectively implementing the five LCP segments in order to transfer permit authority to the City. In those circumstances where an issue is not addressed by the Local Coastal Program Land Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development permit, or exemption may be granted unless the project considered is found by the appropriate authority to be consistent with the City of Carlsbad General Plan. In those circumstances where an issue is addressed by both the Local Coastal Program Land Use Plan and the City of Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail. Local Coastal Program Attachment 6 Underline/Strikeout Exhibit May 5, 2010 Land Use - Introduction Chapter I the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was prepared by the City and approved by the Coastal Commission on July 1, 1982. Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and conflicts between the City and Commission over the years. These segments cover a good portion of the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued negotiations with the Commission through a City Council-formed special committee comprised of Commission staff and City officials to resolve issues. In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone. In the summer of 1985, the City submitted two amendment requests to the Commission and, in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments. These major amendments to the LCP involved changes to the agricultural preservation, steep slope and housing protection policies of the Mello I and II segments. After certification of these amendments, the City adopted the Mello I and II LCP segments and began the process of preparing documents for "effective" certification of the entire LCP. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal development permit for a project comprising the majority of the uplands within that segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing ordinances. The plan area of the Village Area segment (previously titled "Village Area Redevelopment" segment) was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment. The City assumed permit authority for this segment on December 14, 1988. [n November 2009, the title of this segment was changed to the "Village Area" segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the boundaries and policies affecting this segment are unchanged. The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The segment was certified by the Commission (land use and master plan as implementing ordinances) in March of 1988. City of Carlsbad 4 Local Coastal Program ATTACHMENT 7 ZCA 10-02 - Village Area Title Amendment Underline/Strikeout Exhibit Section 21.05.010 (Zone Establishment - Boundaries, Names of Zones) is proposed to be amended as follows: 21.05.010 - Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-l—Neighborhood Commercial Zone C-2—General Commercial Zone C-F—Community Facilities Zone C-L—Local Shopping Center Zone C-M—Heavy Commercial-Limited Industrial Zone C-T—Commercial Tourist Zone E-A—Exclusive Agricultural Zone L-C—Limited Control Zone M—Industrial Zone O—Office Zone O-S—Open Space Zone P-C—Planned Community Zone P-M—Planned Industrial Zone P-U—Public Utility Zone R-l—One-Family Residential Zone R-2—Two-Family Residential Zone R-3—Multiple-Family Residential Zone R-A—Residential Agricultural Zone R-E—Residential Estate Zone R-P—Residential-Professional Zone R-T—Residential Tourist Zone R-W—Residential Waterway Zone RD-M—Residential Density-Multiple Zone RMHP—Residential Mobile Home Park T-C—Transportation Corridor Zone V-R—Village Review Redevelopment Zone BAO—Beach Area Overlay Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment C/V-SO—Commercial/Visitor-Serving Overlay Zone F-P—Floodplain Overlay Zone H-O—Hospital Overlay Zone Q—Qualified Development Overlay Zone S-P—Scenic Preservation Overlay Zone ZCA 10-02 - VILLAGE AREA TITLE AMENDMENT May 5, 2010 Underline / Strikeout Exhibit 21.45.040 - Planned Developments, Permitted zones and uses. Footnote (8) to Table A of Section 21.45.040 (Planned Developments, Permitted zones and uses) is proposed to be amended as follows: (8) Refer to the Carlsbad Village Redevelopment Master Plan and Design Manual for permitted uses. 21.54 - Procedures, Hearings, Notices and Fees The list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is proposed to be amended as follows: Sections: 21.54.010 Applications. 21.54.020 Acceptability of signatures on applications. 21.54.030 Applications a part of permanent record. 21.54.040 Filing fees. 21.54.050 Setting of hearing. 21.54.060 Notices. 21.54.061 Content of notice. 21.54.062 Additional notice to persons requesting it. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Required wording of notices. 21.54.080 Investigations. 21.54.090 Rule establishment for conduct of hearings. 21.54.100 Hearing continuance without public notice. 21.54.110 Permanent files shall include summary of testimony. 21.54.120 General plan amendments (except for the coastal zone). 21.54.130 Restriction on reapplication after denial. 21.54.140 Effective date of order—Appeal of planning director or housing and redevelopment director decisions. 21.54.150 Effective date of order—Appeal of planning commission or design review board decisions. 21.54.140 - Procedures, Hearings, Notices and Fees, Effective date of order. Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, Effective date of order—Appeal of planning director or housing and redevelopment director decisions) is proposed to be amended as follows: (a) This section shall apply to those decisions or determinations of the planning director or housing and redevelopment director made pursuant to this title or planning director determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" "design review board" shall be interchangeable with "planning commission;" and "housing and redevelopment commission" shall be interchangeable with "city council." 2 ZCA 10-02-VILLAGE AREA TITLE AMENDMENT May 5, 2010 Underline / Strikeout Exhibit 21.54.150 - Procedures, Hearings, Notices and Fees, Effective date of order. The title of Section 21.54.150 and Section 21.54.150(a) (Effective date of order-Appeal of planning commission or design review board decisions) are proposed to be amended as follows: 21.54.150 Effective date of order—Appeal of planning commission or design review board decisions (a) This section shall apply to those decisions or determinations of the planning commission or design review board made pursuant to this title or Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" "design review board" shall be interchangeable with "planning commission;" and "housing and redevelopment commission" shall be interchangeable with "city council." 21.84.040 - Housing for Senior Citizens. Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is proposed to be amended as follows: Table A Zones Where Housing for Senior Citizens Is Permitted Zone R-3 R-P R-T R-W RD-M V-R P-C Housing for Senior Citizens SDP SDP* SDP SDP SDP ** ** Note: Housing for Senior Citizens is prohibited in those zones not indicated. * The city may approve a site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property permits residential uses. ** May be permitted subject to the standards of the controlling document (i.e., in V-R zone - Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. 21.201.020 - Coastal Development Permit Procedures, Definitions. Section 21.201.020.H (Coastal Development Permit Procedures, Definitions) is proposed to be amended as follows: H. "Coastal zone" means the coastal zone of the city as described in the Public Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the Agua Hedionda Lagoon and Village Area redevelopment segments of the Carlsbad Local Coastal Program).