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HomeMy WebLinkAboutZCA 11-06; Land Use Decision Making; Zone Code Amendment (ZCA)The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. . (^T^ Application complete date: N/A P.C. AGENDA OF: February 1, 2012 Project Planner: Kevin Pointer Project Engineer: N/A SUBJECT: I. ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING - A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance to improve the city's development review process. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions 6858 and 6859 RECOMMENDING APPROVAL of ZCA 11-06 and LCPA 11-07 based on the findings contained therein. II. INTRODUCTION This project is a city-initiated Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance. The primary purpose of this project is to improve the city's development review process by implementing initiatives identified by the city's Development Review Process (DRP) Working Group. The proposed amendments are consistent with applicable portions of the General Plan and maintain intemal consistency with the Zoning Ordinance and Local Coastal Program (LCP). With regard to the LCP Amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. III. PROJECT DESCRIPTION AND BACKGROUND Project Description As previously mentioned, the project consists of text amendments to the Zoning Ordinance. The majority of the amendments are proposed to implement initiatives identified by the DRP Working Group, which are summarized as follows: Initiative 1: Increase consistency of the permit processes and enhance entitlement protection by processing all permit approvals and extensions in the same manner. Initiative 4: Increase consistency by ensuring that all discretionary permits required for a project are acted upon by a single decision-making authority. Initiative 4: Streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority. ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1, 2012 Page 2 In addition to the DRP Working Group initiatives, the project also includes amendments to the Zoning Ordinance to provide more flexibility, reduce redundancy, clarify requirements and update for consistency with state regulations. These additional changes proposed are described in more detail in Section IV-D of this report. Background As a result of the business forum hosted by the City Council in the spring of 2009, staff designed and engaged in a public outreach program to elicit and clarify input from the development community about potential improvements to the city's development review process. In July 2009, the DRP Working Group was formed, which consisted of six city management staff members directly involved in the development review process and eleven citizens representing a cross-section of the development community. The eleven citizens included planners, engineers, architects, builders, the Building Industry Association, and the Carlsbad Chamber of Commerce. The purpose of the DRP Working Group was to identify ways to improve the efficiency of and user experience with the development review process. To achieve this purpose the DRP considered approaches such as reducing redundancy and ambiguity, eliminating unnecessary steps, decreasing city and applicant costs and decreasing processing times. In November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop. At that workshop City Council directed staff to implement the nine initiatives identified by the DRP Working Group. The proposed amendments to the Zoning Ordinance implement two of the nine initiatives identified by the DRP Working Group. IV. ANALYSIS The proposed amendments to the Zoning Ordinance are provided in strikeout/underline format (Attachment 4) and are summarized and analyzed as follows: A. DRP Working Group Initiative 1—Permit Process Consistency: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will provide for "increased consistency of the development permit process and enhanced entitlement protection by processing all development permit approvals and extensions in the same maimer." To implement this initiative, the Zoning Ordinance is proposed to be amended to ensure all development permit processes are consistent with the following: 1. Notice of administrative permits. All administrative permits (e.g., minor site development plans, minor conditional use permits, minor variances, etc.) will require that, at least 10 calendar days prior to a decision on the application, a written notice be provided to property owners within 300 feet of the project site and others who request a notice. If a request for a hearing is filed with the City Planner within ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1, 2012 Page 3 ten calendar days of the date of the notice, the City Planner will schedule an administrative hearing. 2. Notice of public hearings. All permits that require a public hearing before the Plarming Commission and/or City Council (e.g. site development plans, conditional use permits, variances, zone changes, etc.) will require that, at least 10 calendar days prior to the pubHc hearing, a written notice be provided to property owners within 600 feet of the project site and others who request a notice. 3. Initial approval periods (permit expiration): The initial approval period for all permits shall be two years. 4. Time Extensions: For all permits, the City Planner will be authorized to grant no more than three, two-year extensions, for a total cumulative time extension of six years; except however, any permit or approval issued in conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Carlsbad Municipal Code Title 20 (Subdivisions). All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently. 5. Amendments: Amendments to permits shall be acted upon by the decision-making authority that originally approved the permit; however, if the City Council approved the original permit, the Plarming Commission shall have the authority to act upon the amendment. Note: minor changes to projects (e.g., changes that do not increase density, rearrange major land uses, create changes greater than 10%, nor result in a significant environmental impact) may be approved by the City Planner pursuant to the Planning Division's consistency determination policy. 6. Aimouncement of Decision. The proposed amendments will clarify the requirements to provide a written annovmcement of decisions made on permits; written announcements shall be mailed to the property owner, applicant, anyone who requested a hearing, and others who request to be notified. B. DRP Working Group Initiative 4—Single-Level Decision-Making Authority: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will provide for increased consistency by "ensuring that all discretionary permits required for a project are acted upon by a single decision-making authority." ZCA 11-06/LCPA 11-07 February 1,2012 Page 4 LAND USE DECISION MAKING 1. Decision-making authority for multiple development permits: The proposed amendments include the addition of a new section to the Zoning Ordinance (21.54.040) that specifies when multiple permits are processed concurrently for a proposed project all permits will be acted upon by a single decision-making authority (the highest decision-making authority of all concurrently processed permits). The following provides an example of a project that requires multiple permits and the applicable decision-maker for all permits: Project Example: Subdivide one lot into two lots; Construct a church on one of the new lots and preserve the second lot as open space; and Change the zoning on the open space lot from R-l to OS. Required Permits Decision-Making Authority if Permits are Processed Individually Decision-Making Authority of Multiple Permits Processed Concurrently (highest decision maker of the three permits) Minor Subdivision City Planner City Council Conditional Use Permit (Church) Planning Commission City Council* Zone Change City Council City Council* *The City Council shall consider the findings and recommendations of the Planning Commission. C. DRP Working Group Initiative 4—Decision-Making Levels: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will "streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority." 1. Decision-making levels: To implement this initiative, staff analyzed the decision-making authority for all permits required by the Zoning Ordinance and determined which permits it is appropriate to propose a lower decision-making authority than currently required. For a summary of the proposed changes to decision-making authority, please see Attachment 3. D. Other Miscellaneous Changes: In addition to the amendments described above, staff is also proposing amendments to the Zoning Ordinance that will: provide additional flexibility in meeting development standards for outdoor dining and building height; reduce redundancy by combining the "Variances" and "Administrative Variances" chapters, as well as the Coastal Development Permit chapters; update Floodplain Management Regulations; create a new Minor Hillside Development Permit (HDP) and a new Minor Habitat Management Plan Permit (HMPP); and amend provisions related to the City Council's authority to make changes to Planning Commission recommendations on amendments to the General Plan, Zoning Ordinance and master plans. ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1, 2012 Page 5 1. Outdoor Dining: To provide more flexibility in the ability to establish outdoor dining facilities, the outdoor dining regulations are proposed to be amended as follows: a. Eliminate the administrative permit requirement, which will also eliminate the public notice requirement. b. Allow outdoor dining for all food-serving, beverage-serving and dining establishments, and no longer require the establishment to have indoor seating. Currently, outdoor dining is only permitted for restaurants and delis that have indoor seating; this excludes outdoor dining for other food and beverage serving establishments that may not have indoor seating. c. Clarify the existing standards regarding parking and vehicle and pedestrian safety. 2. Building Height: To provide more flexibility for building height in the office, commercial and industrial zones, staff proposes to no longer limit buildings to three levels; however, the maximum building height requirements will remain the same. Existing building height standards limit building height to 35 feet with provisions for additional building height, subject to discretionary approval. Existing building height standards allow buildings to exceed 35 feet up to a maximum of 45 feet, subject to specified criteria and City Plarmer approval (this is not proposed to be changed). Also, existing requirements allow buildings to exceed 45 feet subject to City Council approval. As, shown in Attachment 3, the proposed amendments include changing the decision-maker for buildings above 45 feet from City Council to Planning Commission. 3. Combine "Variances" and "Administrative Variances" Chapters: Currently there are two separate chapters that specify the requirements for variances (Chapter 21.50) and administrative variances (Chapter 21.51). However, the majority of the requirements are the same in both chapters, with the exception of what qualifies for a variance vs. an administrative variance and the process for issuing variances vs. administrative variances. Staff recommends that the two chapters be combined to reduce redundancy and increase ease of use of the code by locating all variance requirements in one chapter. In addition, staff recommends changing the term "administrative variance" to "minor variance". The term "minor" is consistent with other permits issued by the City Planner (administratively), such as minor site development plans, minor conditional use permits and minor coastal development permits. 4. Combine Coastal Development Permit chapters: Currently there are two chapters that specify the requirements for processing and issuing coastal development permits (CDPs); one chapter for the Village Review (V-R) Zone and one chapter for all other areas of the coastal zone where the city has the authority to issue coastal ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1, 2012 Page 6 development permits. One reason that there are two CDP chapters is because the Community and Neighborhood Services Director has the authority to issue minor CDPs in the V-R Zone (as well as other administrative development permits in the V-R zone), and the City Planner has the authority to issue minor CDPs in the other segments of the coastal zone. As a result of the expiration of the Village Redevelopment area and as part of recent city reorganization, the Housing and Neighborhood Services Director will no longer issue development permits in the Village Review Zone; one objective of the reorganization is to transfer administrative permit authority in the V-R Zone to the City Planner. As indicated in Attachment 3, the proposed amendments include changing the decision-maker for administrative permits in the V-R Zone from the Housing and Neighborhood Services Director to City Plarmer, including minor coastal development permits. Staff recommends that the two CDP chapters (21.81 and 21.201) be combined to reduce redundancy and amend the CDP requirements to ensure consistency with the Califomia Coastal Act. 5. Update Floodplain Regulations. The Califomia Department of Water Resources (DWR) recently reviewed the city's Floodplain Management Regulations (Chapter 21.110) and recommended various amendments to the regulations to ensure consistency with the National Flood Insurance Program requirements. DWR's recommended changes are incorporated in the proposed amendment. 6. New Minor Hillside Development Permit (HDP) and Minor Habitat Management Plan Permit (HMPP): Currently, the Zoning Ordinance requires HDPs and HMPPs to be acted on by the decision- maker authorized to approve other permits associated with a project (e.g., building permit, subdivision map, site development plan, etc.). In the case of projects that only require administrative or nondiscretionary actions, the intent is that the City Planner has the authority to issue HDPs and HMPPs. However, this intent is not clearly indicated in the Zoning Ordinance and instances of confusion regarding the intent have occurred. Staff recommends that a specific administrative permit process be established for both HDPs and HMPPs (minor HDP and minor HMPP). The proposed amendments will clearly indicate that the City Planner has the authority to issue minor HDPs and minor HMPPs, and if the associated project requires an approval from the Planning Commission or City Council (e.g., for a subdivision, site development plan, etc.) then the Commission or Council will have the authority to approve the HDP or HMPP. 7. City Council authority to make changes to Planning Commission recommendations on amendments. Pursuant to the Califomia Govemment Code, the Zoning Ordinance currently specifies that the Planning Commission shall make a recommendation to the City Council for amendments to the General Plan, Zoning Ordinance and master plans; if, after considering the Planning Commission's recommendation, the City Council makes a substantial modification not previously considered by the Planning Commission, the modification shall be referred back to ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1,2012 PageT the Planning Commission for its recommendation; and the Planning Commission must report back to the City Council within 45 days. The current requirement in the Municipal Code for the City Council to refer modifications back to the Planning Commission, as described above, was established prior to the city becoming a charter city in 2008. As a charter city, the city is no longer required by the Califomia Govemment Code to refer modifications to the Plarming Commission's recommendations on such amendments back to the Planning Commission if so specified by ordinance. Therefore, staff recommends amending the Zoning Ordinance to specify that the City Council has the discretion, but is not required to, refer modifications to the Planning Commission's recommendations on amendments to the General Plan, Zoning Ordinance and master plans back to the Commission. General Plan, Zoning Ordinance and Local Coastal Program Consistency: The proposed amendments are minor and primarily procedural in nature. Staff has analyzed the proposed amendments and finds that the amendments are consistent with other provisions of the Zoning Ordinance not being amended, and that the proposed amendments do not create any conflicts with the provisions of the General Plan or Local Coastal Program. 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." The changes proposed by this project are primarily procedural in nature and are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 6858 (ZCA) 2. Planning Commission Resolution No. 6859 (LCPA) 3. Summary of Proposed Changes to Level of Decision-Making Authority 4. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Attachment 3 LEGEND X = Existing decision-making authority v' = Proposed decision-making authority Ref Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 21.08 - R-A RESIDENTIAL AGRICULTURAL ZONE 21.08.050 Reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal to the reduction. X City Planner discretion No permit or discretion The ability to reduce one side yard will be a development standard and can be approved as part of the project, provided the project complies with the criteria to reduce a side yard. LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D< City Council >cision-Makin{ Planning Commission Authorit City Planner r other Permit Existing >rocess Proposed Notes 2 21.08-R A RESIDENTIAL AGRICULTURAL ZONE 21.08.080 Minor subdivisions with two or more panhandle lots. X Minor Subdivision Minor Subdivision Minor subdivisions with panhandle lots (regardless of number) will be processed the same as minor subdivisions without panhandle lots. The decision maker for subdivisions is specified in Title 20 (Subdivisions). 3 21.09 - R-E RURAL ESTATE RESIDENTIAL ZONE 21.09.120 Minor subdivisions with two or more panhandle lots. X Minor Subdivision Minor Subdivision See row 2, above. 4 21.10—R-l ONE FAMILY RESIDENTIAL ZONE 21.10.070 Reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal to the reduction. X City Planner discretion No permit or discretion The ability to reduce one side yard will be a development standard and can be approved as part the project, provided the project complies with the criteria to reduce a side yard. 5 21.10-R-l ONE FAMILY RESIDENTIAL ZONE 21.10.100 Minor subdivisions with two or more panhandle lots. X Minor Subdivision Minor Subdivision See row 2, above. Page 2 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D aty Council ecision-Makinf Planning Commission ; Authorit City Planner r other Permit Existing *rocess Proposed Notes 6 21.16—R-3 MULTIPLE FAMILY RESIDENTIAL ZONE 21.16.020 Child day care centers in the R-3 Zone. X •/ Administrative Permit Minor Conditional Use Permit 7 21.18—R-P RESIDENTIAL PROFESSIONAL ZONE 21.18.020 Child day care centers in the R-P Zone. X •/ Administrative Permit Minor Conditional Use Permit 8 21.24-RD-M RESIDENTIAL DENSITY- MULTIPLE ZONE 21.24.020 Child day care centers in the RD-M Zone. X Administrative Permit Minor Conditional Use Permit 9 21.25—C-F COMMUNITY FACILITIES ZONE 21.25.040 Child day care centers in the C-F Zone. X Administrative Permit Minor Conditional Use Permit 10 21.26—C-1 NEIGHBORHOOD COMMERCIAL ZONE 21.26.013 Outdoor dining (incidental). X Administrative Permit No permit or discretion If a request to establish outdoor dining meets the specified standards, the request can be approved without a discretionary permit. 11 21.26—C-1 NEIGHBORHOOD COMMERCIAL ZONE 21.26.030 Architectural features above 35 feet (45 feet max). X Site Development Plan Minor Site Development Plan 12 21.27—0 OFFICE ZONE 21.27.020 Child day care centers in the 0 Zone. X Administrative Permit Minor Conditional Use Permit 13 21.27-0 OFFICE ZONE 21.27.040 Development within the 0 Zone. X Site Development Plan Minor Site Development Plan Page 3 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action D< City Council >cision-Makin{ Planning Commission Authorit City Planner I other Permit Existing 'rocess Proposed Notes 14 21.27-0 OFFICE ZONE 21.27.050 Building height in excess of 35 feet (45 feet max). X •/ Site Development Plan Minor Site Development Plan 15 21.27-0 OFFICE ZONE 21.27.050 Architectural features above 45 feet (55 feet max). X •/ Site Development Plan Minor Site Development Plan 16 21.27-0 OFFICE ZONE 21.27.050 Decorative impervious surfaces in up to 40% ofthe required setback area. X • Site Development Plan Minor Site Development Plan 17 21.28—C-2 GENERAL COMMERCIAL ZONE 21.28.030 Building height in excess of 35 feet (45 feet max). X •/ City Planner decision (no specified permit) Minor Site Development Plan 18 21.28—C-2 GENERAL COMMERCIAL ZONE 21.28.030 Building height in excess of 45 feet (55 feet max). X Site Development Plan Site Development Plan 19 21.30—C-M HEAVY COMMERCIAL/ LIMITED INDUSTRIAL ZONE 21.30.030 Building height in excess of 35 feet (45 feet max). X City Planner decision (no specified permit) Minor Site Development Plan 20 21.30—CM HEAVY COMMERCIAL/ LIMITED INDUSTRIAL ZONE 21.30.030 Building height in excess of 45 feet. X Specific Plan Site Development Plan Page 4 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action D( City Council eclsion-Makin{ Planning Commission Authorit City Planner r other Permit Existing 'rocess Proposed Notes 21 21.31-C-L LOCAL SHOPPING CENTER ZONE 21.31.040 Development of a new local shopping center. X • Site Development Plan Site Development Plan 22 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.050 Major redevelopment, remodel or expansion of an existing local shopping center. X Site Development Plan or Site Development Plan Amendment Site Development Plan or Site Development Plan Amendment 23 21.31-C-L LOCAL SHOPPING CENTER ZONE 21.31.080 Building height in excess of 35 feet (45 feet max). X • Site Development Plan Minor Site Development Plan 24 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.080 Architectural features above 45 feet (55 feet max). X Site Development Plan Minor Site Development Plan 25 21.32—M INDUSTRIAL ZONE 21.32.050 Building height in excess of 35 feet (45 feet max). X • City Planner decision (no specified permit) Minor Site Development Plan 26 21.32—M INDUSTRIAL ZONE 21.32.050 Building height in excess of 45 feet. X • Specific Plan Site Development Plan 27 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.050 Development in the P-M Zone. X • Planned Industrial Permit Minor Site Development Plan No public notice will be required for a minor site development plan in the P-M Zone, which is consistent with the current requirements for a PIP. Page 5 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Perm it/Action D< City Council scision-Making Planning Commission Authorit City Planner 1 other Permit Existing 'rocess Proposed Notes 28 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.060 Planned Industrial Permit required to be processed in conjunction with an application for an industrial subdivision. • Planned Industrial Permit (approved by decision maker for subdivision) N/A A planned industrial permit will no longer be required for industrial subdivisions. 29 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.070 Building height in excess of 35 feet (45 feet max). X • City Planner decision (no specified permit) Minor Site Development Plan 30 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.070 Building height in excess of 45 feet. X • Specific Plan Site Development Plan 31 21.35—V-R VILLAGE REVIEW ZONE 21.35.090 Determination on whether a project is exempt from village review permit requirements. X Determination Determination Existing decision- making authority for exemption determinations is with the Housing and Neighborhood Services Director. 32 21.35—V-R VILLAGE REVIEW ZONE 21.35.090 Administrative variances within the V-R Zone. • X Administrative Variance Administrative Variance Existing decision- making authority for administrative variances in the V-R Zone is with the Housing and Neighborhood Services Director. Page 6 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref » Chapter Section Permit/Action D( City Council >cision-Makin( Pianning Commission , Authorit City Planner 1 Other Permit Existing 'rocess Proposed Notes 33 21.35-V-R VILLAGE REVIEW ZONE 21.35.090 Administrative village review permit. X Administrative Village Review Permit Administrative Village Review Permit Existing decision- making authority for administrative village review permits is with the Housing and Neighborhood Services Director. 34 21.38—PC PLANNED COMMUNITY ZONE 21.38.120 To determine if a master plan amendment can be processed as a minor amendment. X Approval/ Determination Approval/ Determination 35 21.41 SIGN ORDINANCE 21.41.050 Sign permits. • X Sign Permit Sign Permit Existing decision- making authority for sign permits is with the Community and Economic Development Director. 36 21.41 SIGN ORDINANCE 21.41.060 Sign programs. X Sign Program Sign Program Existing decision- making authority for sign programs is with the Community and Economic Development Director. Page 7 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action D< City Council scision-Makini Planning Commission Authorit City Planner Other Permit Existing >rocess Proposed Notes 37 21.41 SIGN ORDINANCE 21.41.060 Revocation of sign permits. X Determination Determination Existing decision- making authority for revocation of sign permits is with the Community and Economic Development Director. 38 21.44 PARKING 21.44.050 Location of parking areas for commercial or office/professio nal uses within the R-3, R-P and R-T zones. X • Site Development Plan Minor Site Development Plan 39 21.45 PLANNED DEVELOPMENTS 21.45.050 Development of more than 50 units/lots. X Major Planned Development Permit Major Planned Development Permit 40 21.46 YARDS 21.46.060 Establishment of a formula for modifying yard requirements. X Approval/ Determination Approval/ Determination 41 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS 21.47.060 and 21.47.070 Nonresidential planned developments with greater than 50 units/lots. X Nonresidential Planned Development Permit Nonresidential Planned Development Permit Pages LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 42 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS 21.47.130 Minor amendment to a nonresidential planned development permit. Minor Amendment Consistency Determination 43 21.53 USES GENERALLY 21.53.040 Make interpretation to clarify ambiguity within the code. Approval/ Determination Approval/ Determination 44 21.53 USES GENERALLY 21.53.090 Grant a one year extension to the period of time that a temporary real estate office may be operated for the purpose of selling subdivision lots. Approval/ Determination N/A Temporary real estate offices are currently allowed to operate for one year from the recording of a final subdivision map; and the Planning Commission may grant an additional one year. As proposed, temporary real estate offices must cease operation no later than the date ofthe close of escrow of the final home in the subdivision, which eliminates the need to grant time extensions. Page 9 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D( City Council scision-Makin) Planning Commission Authorit City Planner 1 Other Permit Existing >rocess Proposed Notes 45 21.53 USES GENERALLY 21.53.120 Site Development Plan for multi- family residential and affordable housing developments with greater than 50 units/lots. X • Site Development Plan Site Development Plan 46 21.84 CHILD CARE 21.83.050 Large Family Day Care Home. X Approval/ Determination Large Family Day Care Permit 47 21.84 HOUSING FOR SENIOR CITIZENS 21.84.040 21.84.080 Housing for senior citizens with four units or less. X Site Development Plan Minor Site Development Plan Page 10 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 48 21.95 HILLSIDE DEVELOPMENT REGULATIONS 21.95.030 Development on a slope with a gradient of 15% or more and an elevation differential greater than 15 feet. X Hillside Development Permit Minor Hillside Development Permit & Hillside Development Permit Existing regulations require a hillside development permit to be processed concurrently with any other required permit (e.g., building permit, tentative map, etc). However, there has been some uncertainty in determining the decision maker when only administrative permits are required. The amendment will establish a minor hillside development permit to clarify the City Planner is the decision maker when no other permit is required to be approved by the Planning Commission or City Council. Page 11 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref « Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 49 21.84 HABITAT PRESERVATION AND MANAGEMENT REQUIREMENTS 21.210.070 Development that directly or indirectly impacts natural habitat. X Habitat Management Plan Permit Minor Habitat Management Plan Permit & Habitat Management Plan Existing regulations require a Habitat Management Plan permit to be processed concurrently with any other required permit (e.g., building permit, tentative map, etc). However, there has been some uncertainty in determining the decision maker when only administrative permits are required. The amendment will establish a minor Habitat Management Plan permit to clarify the City Planner is the decision maker when no other permit is required to be approved by the Planning Commission or City Council. Page 12 Attachment 4 LAND USE DECISION-MAKING ZCA 11-06/LCPA 11-07 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 21.04 DEFINITIONS Section 21.04.290.1 21.04.290.1 Outdoor Dining (Incidental). "Outdoor dining (incidental)" means an outdoor dining area tiiat is partsmall extension of any business tliat serves food and/or beverages for onsite consumption, sucli as but not limited to restaurants, bona fide eating establishments and delicatessens, and which .m inHnnr rnr.tnnrnnt bona fide eating establishment, or doll, which extends outdoors beyond tho walls ofthe restaurant, and does not exceed the limitations established in Chapter 21.26. AMENDMENTS TO CHAPTER 21.06 Q QUALIFIED DEVELOPMENT OVERLAY ZONE List of Sections in Chapter 21.06 21.06.010 Intent and purpose 21.06.015 Application of Q zone 21.06.020 Permitted uses and findings of fact 21.06.030 Site development plan requirement 21.06.040 Exceptions 21.06.050 Application and fees 21.06.060 Notices and hearings 21.06.070 Decision-mal<ing prooessauthoritv 21.06.080 Announcement of decision and findings of fact 21.06.090 IVIailing of notico of decision Effective date and appeals 21.06.100 AppealsExplration. extensions and amendments 21.06.110 Expiration 21.06.120 Extensions 21.06.130 Amondmonts 21.06.440110 Development standards 21.06.450120 Lot requirements 21.06.4^130 Final site development plan Section 21.06.020.B B. Notwithstanding subsection 21.06.020.A, no development or use shall be permitted unless the city planner, the—planning—commission, or the city council on appeal.decision-making authoritv finds: LAND USE DECISION IVIAKING (ZCA 11-06/LCPA11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this chapter, and all other applicable provisions of this code. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely Impact the site, surroundings or traffic circulation; 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; and 6. The proposed development or use meets all other specific additional findings as required by this title. Secti<ms 2106.060 through 21.06.130 21.06.060 Notices and hearings A. At least ten days prior to a decision on an application for a minor site dovolopmont plan, tho city planner shall givo written notico of tho application (by mail) to the projoct applicant, the owner of tho subject roal property or tho owner's duly authorized agont, and to all property owners as shown on the latest equalized assessment roll within three hundred feet of the subject property. B-. The application for a site dovolopmont plan shall be considered at a public hearing and the city planner shall give notice of the public hearing In accordance with Chapter 21.5^1 of this titlo. A. Notice of an apDlication for a minor site development plan shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. B. Notice of an application for a site development plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.06.070 Decision-making processauthoritv A. Applications for minor site development plans or site development plans shall be acted upon in accordance with the following: Page 2 LAND USE DECISION MAKING (ZCA11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Minor Site Development Plan Sh Any person so notified in accordance with Section 21.06.060.A of this chapter may file written comments or a written request to bo heard within ten calendar days of date of the notice. If a written request to bo hoard is filod, the city planner shall: Schedule an informal hearing (not a formal public hearing); 'tt-. Provide written notice to the applicant and the requestor at least five calendar days prior to the date of the informal hearing. ba. An application for a minor site development plan may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application and roviow of^ the circumstances of the particular case, and evidence presented at the informaladministratlve hearing, If one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. eb. The city planner may approve or conditionally approve the minor site development plan if all of the findings of fact In Section 21.06.020 of this chaptertitle are found to exist. 2. Site Development Plan—Planning Commission a. An application for cortalna site development plans, as identified olsowhoro in this titlo, may be approved, conditionally approved or denied by the planning commission at-a-based upon Its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the public hearing noticed in accordance with Chapter 21.54 of this title. b. The planning commission shall hear the matter, and may approve or conditionally approve the site development plan If, from tho ovidonco prosontod at the hearing, all of the findings of fact in Section 21.06.020 of this chaptertitle are found to exist. 3. Site Development Plan—City Council et-. An application for certain site development plans, as identified elsewhere in this titlo, may be approved, conditionally approved or denied by the city council at a public hearing noticed In accordance with Chapter 21.5'1 of this title. Before tho city council decision, the planning commission shall hear and consider the application for a site development plan and shall prepare a recommendation and findings for tho city council, including all matters set out in Section 21.06.020 of this chapter. Tho action of the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. e-. The city council shall hear the matter, and after considering the findings and rocommendations of tho planning commission, may approve or conditionally approve tho sito development plan if, from the evidence presented at the hearing, all of the findings of fact in Section 21.06.020 of this chapter are found to exist. 21.06.080 Announcement of decision and findings of fact A. When a decision on a minor site development plan or site development plan is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. Page 3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Ar. The city planner shall announce in writing (by letter) his/her decision and findings for a minor site development plan. & The planning commission or city council shall announce its decision and findings by formal resolution. Q-. The announcement of a decision and findings for a minor site development plan or site development plan shall include: A statement that the minor site development plan or site development plan Is granted or denied; 2-. The facts and reasons which, in tho opinion of tho city planner, planning commission or city council, make the granting or denial of tho minor site development plan or site development plan necessary to carry out the provisions and general purpose of this titlo; 3^ Such conditions and limitations as the city planner, planning commission or city council may impose in the approval of a minor sito dovolopmont plan or site development plan. 21.06.090 Mailing of notice of decision Effective date and findings for appeals A. Decisions on minor site development plans shall become effective and mav be appealed In accordance with the provisions of Section 21.54.140 of this title. B. Decisions on site development plans shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 of this title. A: Following tho announcomont of a decision approving, conditionally approving, or denying a minor site development plan or sito dovolopmont plan, a copy of the announcement of decision shall be mailed to the applicant at the address shown on the application filed with the planning department, and to any person who requested or spoke at an informal hearing for a minor sito dovolopmont, and any person who has fllod a written roquost for a notice of decision. 21.06.100 AppealsExplration. extensions and amendments The actions of the city planner or planning commission may bo appealed in accordance with Sections 21.54.140 and 21.5^.150 of this title. A. The expiration period for an approved minor site development plan or site development plan shall be as specified in Section 21.58.030 of this title. B. The expiration period for an approved minor site development plan or site development plan mav be extended pursuant to the provisions of Section 21.58.040 of this title. C. An approved minor site development plan or site development plan mav be amended pursuant to the provisions of Section 21.54.125 of this title. 21.06.110 Expiration period Any minor site development plan or site development plan becomes null and void Page 4 LAND USE DECISION MAKING (ZCA11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) if not exercised within two years of the effective date of approval, unless extended as set forth in Section 21.06.120 of this chapter. 21.06.120 Extensions A: The city planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a minor site development plan or site dovolopmont plan must be exorcised, subject to the following: 4^ The applicant shall submit a written request for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by the city council, prior to the expiration of a minor site development plan or sito development plan; 2-. The city planner shall extend a minor site development plan or site development plan for a period of two additional years if tho following findings are made: a. Conditions have not substantially changed since the approval of the minor site development plan or sito development plan; and fe^ The project remains consistent with the findings of fact set forth in Section 21.06.020.B of this chapter, and all other applicable findings of this title. ^. The city planner may grant no more than three, two yoar extensions, for a total cumulative time extension of six years. A-. In granting an extension of a minor site development plan or site development plan, the city planner may impose now conditions and may revise existing conditions. The city planner shall announce in writing (by letter) his/her decision to grant or deny an extension of a minor site development plan or site development plan. A copy of the lottor announcing tho city planner's decision shall be mailed to tho applicant at the address shown on tho application filod with the planning department and to any person who has filed a written request to receive such notice of decision. 21.06.130 Amendments Any approved minor site development plan or site development plan may bo amended by following the same procedure as for approval of a minor site development plan or site development plan, and upon payment of the application fee contained in the most recent foo schedule adopted by the city council. An amendment for a site development plan for a local shopping center shall be processed In accordance with Section 21.31.050 of this titlo. G-. In granting an amendment, the decision maker may impose new conditions and may revise existing conditions. Page 5 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.06.440110 Development standards A. Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable master plan or specific plan, except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere, provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the city planner in approving a minor site development plan, or the planning commission or the city council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that Include provisions for, but are not limited to, the following: 1. Special setbacks, yards, active or passive open space, required as part of the entitlement process; 2. Special height and bulk of building regulations; 3. Fences and walls; 4. Regulation of signs; 5. Additional landscaping; 6. Special grading restrictions; 7. Requiring street dedication and improvements (or posting of bonds); 8. Requiring public improvements either on or off the subject site that are needed to service the proposed development; completed; 9. Time period within which the project or any phases of the project shall be 10. Regulation of point of ingress and egress; 11. Architecture, color, texture, materials and adornments; 12. Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city. 21.06.4^0120 Lot requirements A. The Q zone may be placed on any size or dimensioned, legally created lot. 21.06.440130 Final site development plan A. After approval the applicant shall submit a reproducible copy of the minor site Page 6 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) development plan or site development plan which incorporates all requirements of the approval to the city planner. Prior to signing the final minor site development plan or site development plan, the city planner shall determine that all applicable requirements have been incorporated into the plan. B. The final signed minor site development plan or site development plan shall be the official site layout plan for the property and shall be attached to any application for a grading and/or a building permit on the subject property. AMENDMENTS TO CHAPTER 21.08 R-A RESIDENTIAL AGRICULTURAL ZONE Section 21.08.050.4,1 21.08.050 Sideyards A. In the R-A zone every lot shall have side yards as follows: 1. Interior lots shall have the following side yards: a. A side yard shall be provideqj on each side of the lot which side yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be less than five feet In width and need not exceed ten feet; fe i. The city planner may approve a reduction in width of one side yard provided that themav be reduced, subiect to the following: (A) The opposite side yard isshall be increased in width by an amount equal to the reduction- or shall be a minimum of ten feet In width, whichever is greater; (B) The reduced side yard shall not be less than five feet in width nor shall It abut a lot or parcel of land with an adjacent reduced side yard;, nor shall tho increased side yard have a width of loss than ton foot; and G7(C] In the event special circumstances exist, such as extreme topographical features and/or irregular shaped lots (such as those which front on cul- de-sacs), the city planner may approve the application of a reduced side yard mav be permitted adjacent to a reduced side yard, provided a minimum often feet between buildings is maintained.subiect te the following condition: h A minimum often feet between buildings shall bo maintained. Page 7 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.08.080.B B. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist: For a minor subdivision application with two or more panhandle lots, tho authority for approval shall be with the planning commission. 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block ofthe subject property. AMENDMENTS TO CHAPTER 21.09 R-E RURAL RESIDENTIAL ESTATE ZONE Section 21.09.120(2) (2) The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured as follows. For a minor subdivision application with two or more panhandle lots, the authority for approval shall be with the planning commission. (A) The buildable portion of the lot, which Is the total area minus that portion containing the access portion (handle), shall meet the minimum area requirements ofthe R-E zone. (B) The width requirement for the buildable portion of the lot shall be as required for lots in the R-E zone. (C) The yard requirements of the R-E zone shall be met, except that front yard setbacks may be reduced to thirty feet. (D) The minimum width of the access portion shall be twenty-four feet, except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum width shall be fifteen feet, provided a joint easement ensuring common access of a minimum width of thirty feet to both such portions is recorded. (E) An improved driveway shall be provided within the access portion of the lot from a public street or public easement to the parking area on the buildable portion ofthe lot which is at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be ten feet. The driveway shall be constructed of two inch thick asphalt concrete paving on a proper base with rolled edges. Page 8 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (F) Each lot shall have at least three nontandem parking spaces, with an approach not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designated to the satisfaction ofthe city engineer. (G) Structures permitted in the access portion ofthe lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, these structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. (H) The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. AMENDMENTS TO CHAPTER 21.10 R-1 ONE-FAMILY RESIDENTIAL ZONE Section 21.10.03|kiC C. Second dwelling units developed within the coastal zone require a miner coastal development permit issued according to the provisions of Section 21.201.085-080 and a building permit. Second dwelling units outside ofthe coastal zone require a building permit. Section 21.10.070./^f A. In the R-1 zone every lot shall have side yards as follows: 1. Interior lots shall have the following side yards: a. A side yard shall be provided on each side of the lot, which side yard has a width equal to ten percent ofthe lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet; b i. The city planner may approve a reduction in width of one side yard provided that themav be reduced, subiect to the following: (A) The opposite side yard is-shall be increased in width by an amount equal to the reduction or shall be a minimum of ten feet in width, whichever is greater;T (B) The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard;, nor shall the increased side yard have a width of less than ten feet; and 6(C)T In the event special circumstances exist, such as extreme topographical features and/or irregularly shaped lots (such as those which front on cul- Page 9 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) de-sacs), tho city planner may approve the application of a reduced side yard mav be permitted adjacent to a reduced side yard, subiect to the following condition: provided a minimum of ten feet between buildings shall bejs maintained. Section 21.10.100.B B. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist. For a minor subdivision application with two or more panhandle lots, the authority for approval shall be with tho planning commission. 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property. AMENDMENTS TO CHAPTER 21.16 R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE Section 21.16.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 AMENDMENTS TO CHAPTER 21.18 R-P RESIDENTIAL PROFESSIONAL ZONE Section 21.18.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 Page 10 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.18.020 TABLE B The row for "Child day care center" in Table B Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.24 RD-M RESIDENTIAL DENSITY MULTIPLE ZONE Section 21.24.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.25 COMMUNITY FACILITIES ZONE Section 21.25.040 TABLE A The row for "Child day care center" In Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE List of Sections in Chapter 21.26 21.26.010 Permitted uses 21.26.013 Incidental oOutdoor dining (Incidental) areas permitted bv administrative permit 21.26.020 Limitations on permitted uses in C-1 zone 21.26.030 Building height 21.26.040 Front yard 21.26.050 Sideyards 21.26.060 Placement of buildings Page 11 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE Section 21.26.013 21.26.013 Outdoor dining (incidental) permitted by administrative permit Outdoor dining (incidental) may bo approved by administrative permit for restaurants, bona fide eating establishments, and delis in zones where outdoor dining (incidental) is permitted.—The owner of the subject property shall make written application to the planning director. Such application shall include all materials deemed necessary by the director to show that the requirements of subsection (c) of this section are met. A. Subiect to the reguirements of this section, outdoor dining (incidental) mav be established as part of anv business that serves food and or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens. B; If the proposed outdoor dining (incidental) is located In the coastal zone and is not exempt from a coastal development permit by Chapter 21.201, the application shall also Include an application for of this title, approval of a coastal development permit or minor coastal development permit, processed In accordance with Chapter 21.201, shall be reguired. (a) The director shall give written notice to all property owners within three hundred feet of the subject property of ponding development decision after the application is complete, at least ten calendar days prior to tho decision on the application as follows (4^ Contents. The notice shall Include all requirements of Section 21.54.061 of this code, including a notice of a public comment period of at least fifteen calendar days sufficient to roooivo and consider comments submitted by mail prior to tho date established for the decision. The notice shall also include a statement that a public hearing shall be hold upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal approval of the administrative permit by the director to the planning commission. (b) Tho diroctor may approve, approve with conditions, or dony tho permit. The director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (a)(1) of this section and a request for a public hearing has not boon roGoivod by the city within ten calendar days from the date of sending tho notice. If a roquost for a public hearing is rocoived, a public hearing before tho diroctor shall be held in the same manner as a planning commission hearing. In either event, tho director's decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is not in conformity with the requirements of subsection (c) of this section. The director's docision shall bo made in writing. The date ofthe decision shall be tho date tho writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by tho decision. If the matter includes a coastal development permit or miner coastal development permit, unless the decision is appealed, the director shall provide a notice of final action in accordance with Sootions 21.201.160 and 21.201.170. Page 12 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (e)Ci Development Standards. All areas providing outdoor dining (incidental) shall comply with the following development standards: (1)i Outdoor dining areas shall comply with all applicable requirements of the State of California Disabled Access Regulations (Title 24); (2)^ Outdoor dining areas shall comply with all applicable requirements of the alcoholic beverage commission, if alcoholic beverages are served in the outdoor area; (3)i Outdoor dining areas shall be operated only during the hours of operation of the associated restaurantbusiness; {4)i Outdoor dining areas shall be used exclusively for eating and drinking; (5). Outdoor dining areas shall be located on private property only; (5) 6. Outdoor dining areas shall provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/fences shall be a minimum forty-two Inches wide; (6) Outdoor dining (incidental) shall be utilized only as extensions of restaurants, bona fide eating establishments, or delis that provide indoor seating and are licensed for such service. (7)^ The maximum area provided for outdoor dining (incidental) shall be limited to a maximum of four hundred square feetT^ (8) . Outdoor dining areas shall not be located where the incidental outdoor dining area would: {A)a. Encroach into the public right-of-wayj; (B) b. Eliminate any existing reguired parking spacesri (C) Interfere with vehicle or pedestrian circulation, Remove or reduce existing landscaping (unless eguivalent additional landscaping is provided elsewhere to the satisfaction of the city planner)Ti (E)d^ Present a traffic or pedestrian hazard; or (Re. Be located where the nearness, volume or speed of vehicular traffic would be incompatible with outdoor dining, in the opinion of the city engineer, because of tho speed, volume or nearness of vehicular traffic;. (9) . When calculating square footage for purposes of determining parking required per Chapter 21.44 of this code, space used for outdoor dining (incidental) pursuant to this section shall be excluded. Page 13 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.26.030 21.26.030 Building height A. No commercial structures InExcept as otherwise provided in this section, no building within the C-1 zone shall exceed a height of thirty-five feet or throe levels, including the protrusions described in Section 21.46.020. B; Purely architectural features such as flagpoles, steeples or architectural towers mav be permitted to a maximum of fortv-five feet through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that the decision-making authoritv makes the specific findings that the protruding architectural features: (If doDo not function to provide usable floor area; (2.)- doDo not accommodate and/or screen building equipment; (3.f dePo not adversely impact adjacent properties; and (4^)- areAre necessary to ensure a building's design excellence, may be permitted up to forty five foot by sito dovolopmont plan approved by tho planning commission. . AMENDMENTS TO CHAPTER 21.27 O OFFICE ZONE List of Sections in Chapter 21.27 21.27.010 Intent and purpose 21.27.020 Permitted uses 21.27.035 Reserved 21.27.040 Minor Ssite development plan required 21.27.050 Development standards Section 21.27.020 TABLE A The row for "Child day care center" In Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 Page 14 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Sections 21.27.040 and 21.27.050 21.27.040 Minor Ssite development plan required A ^Approval of a minor site development plan processed according to the provisions of Chapter 21.06 of this title shall be required for any development in the O zone- day care centers. 21.27.050 Development standards. A ^The following development standards shall apply to all new construction. development or subdivision in the O zone: (1)i Lot Area. The minimum area of any newly created lot shall be ten thousand square feet except that this requirement shall not be construed to prohibit condominium or planned unit developments approved pursuant to Chapter 21.47. This zone may be applied to existing lots of less than ten thousand square feet when it can be found that the lots are suitable in size and shape to accommodate development as permitted in the O zone. (2)^ Lot Width. Every newly created lot shall have a width of not less than seventy-five feet at the rear line of the required front yard. (3) . Building Height. The maximum height of structuresExcept as otherwise provided In this section, no building within the O zone shall not exceed a height of thirty-five feet or three levels^ and allowed height protrusions as described In Section 21.46.020 shall not exceed a height of fortv-five feet. Additional building height mav be permitted up to a maximum of forty-five feet mav be permitted through aapproval of a minor site development plan approved byprocessed in accordance with the citv councilprovisions of Chapter 21.06 of this title, provided that: (a) The building does net contain more than three levels; (b) a. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and (e) Tho building conforms to the requirements of Section 18.0^.170 of this code; and (d)b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the eeweitdecision-making authoritv makes the specific findings that the protruding architectural features (1) do: L Do not function to provide usable floor area; (24ii. doDo not accommodate and/or screen building equipment; Page 15 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3)iiL_d©Do not adversely impact adjacent properties; and (44iv. afoAre necessary to ensure a building's design excellence. (4)^ Setbacks. Every lot shall provide required yards, measured from the property line as follows: Driveways/Parking 1 Story Building 2-3or more stories up to 35^ feet' Front yard 10' 15' 20' Front yard on an arterial 15 20 30 Front yard on a prime arterial 30 40 50 Street side yard 10 15 20 Side yard on an arterial 15 20 30 Side yard on a prime arterial 30 40 50 Interior side yard 5 10 10 Rear yard 5 10 10 ^ Buildings above thirtv-five feet shall be setback an additional dis tance pursuant to subsection A.3 of this section. a. (setbackSetbacks for parking may be reduced with construction of a six-foot solid masonry wall and appropriate landscape buffer on a rear or interior side yard only)^ b. Through lots shall be considered to have two front yards and shall observe setbacks accordingly. (5)i Permitted Intrusions. The following intrusions only may be permitted within the required setbacks: (A)a. Pedestrian walkways; (5) b. Landscaping; (G)c, Planters; (0)d. Fences or walls; (6) e^ Approved areas of ingress and egress; (P)fi Approved monument signs; (6)g. Public and employee recreational facilities as approved by the city planner; Page 16 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (H)h, Architectural projections such as eaves, sunscreens, columns and buttresses may extend six feet into any setback thirty feet and greater and three feet into any setback less than thirty feet. (6), Landscaping. a All landscaping shall comply with the city landscape guidelines manual. All landscaped areas shall be planted with a combination of trees, shrubs and groundcover. All landscaped areas shall be served by a permanent irrigation system including bubblers or sprinklers. Prior to approval of a building permit, each applicant shall submit a landscape and irrigation plan for the approval of the city planner. All approved improvements shall be installed prior to occupancy of the building. b, All setback areas shall be planted with plant species consistent with the landscape guidelines manual. Variations in ground plane by use of undulating mounding is encouraged to screen parking areas and to enhance the landscaping and building architecture. Landscaping along arterials should comply with the city's streetscaping program. c, The planning -Gommissioft may approve tThe use of decorative impervious surfaces for up to forty percent of the required yard areas for visual enhancement, pedestrian or employee recreational use- mav be permitted through a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title. d A minimum often percent of that portion ofthe site devoted to uncovered parking shall be landscaped. Landscaping shall be designed so as to offer relief from the monotony of rows of parked cars, and to create an overhead canopy. A minimum of one fifteen-gallon tree per five-four parking stalls shall be required in the parking area. All exposed parking areas shall be screened with landscaping, contouring and mounding. (7) . Building Coverage. a For developments which utilize surface parking, all structures shall not cover more than fifty percent ofthe lot on which they are located. b, For developments which include a parking structure or parking is located within or under the building it serves, the total coverage of all structures shall not exceed seventy-five percent of the lot. This provision shall apply only if seventy-five percent of the required parking is located in the parking structure or within or under the building it serves. (8) . Signs. All signs proposed in the O zone shall comply with Chapter 21.41 of this title. (9) . Walls and Fences. A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residentially zoned property, except in the front yard where the wall shall be reduced to forty-two inches in height. Walls and fences up to a height of six feet are permitted except that no wall or fence shall be erected in any front yard setback in excess of forty-two inches and that all walls and fences shall observe a minimum setback of ten feet from the property line for side yard on a street. Chain link, barbed wire razor ribbon or other similar fences are specifically not permitted. Page 17 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (10)^ Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way. (11)^ Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the city planner. (12) . Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot- high masonry wall with gates pursuant to city standards. (13) . Loading Areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. (14) . Parking Requirements. Off-street parking shall be provided pursuant to Chapter 21.44 of this title. (15) . Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below: (A)ai A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. (5) b. The area shall be easily accessible to the employees of the building. (G)c. The area shall be located such that a sense of privacy is apparent. (D)d^ The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. (6) 6^ The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, planned unit development, or planned industrial permit)etc.) required under Title 21 of this code. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. (F)f, This section shall not apply to industrial/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the city planner. Page 18 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.28 C-2 GENERAL COMMERCIAL ZONE Section 21.28.030 21.28.030 Building height A; Except as othenwise provided in this section, no building in the C-2 zone shall exceed a height of thirtv-five feet or three levels in height, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. B. Additional bBuilding height above thirtv-five feet mav be permitted, subiect to the following: 1. Building height up to a maximum of forty-five feet mav be permitted through aapproval of a minor site development plan approved bv the citv councilprocessed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) The-building does not contain moro than throe levels; a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers, which mav be permitted up to fiftv-five feet if the decision-making authoritv makes the specific findings that the protruding architectural features: I Do not function to provide usable floor area: ii. Do not accommodate and/or screen building eguipment: iii. Do not adversely impact adjacent properties: and iv. Are necessary to ensure a building's design excellence. 2. Building height above fortv-five feet up to a maximum of fiftv-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed the height authorized bv the decision-making authoritv. c. The decision-making authoritv finds that: I The height of the building(s) will not adversely affect surrounding properties: and Page 19 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ii. The building(s) will not be unduly disproportional to other buildings in the area: (b) 3. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area wlshall be maintained as landscaped open space.i (e) Tho building conforms to tho requirements of Section 18.04.170 of this code; and (4) The allowed height protrusions as described in Section 21.46.020 do not exceed forty-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers which may bo permitted up to fifty five feet if the council makes tho specific findings that the protruding architectural features (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. Tho city council may approve a height limit in excess of forty five feet to a maximum of fifty five feet through a site dovolopmont plan for a development of forty acres or more where the council finds: (4) The height ofthe buildings will not adversely affect surrounding properties; (2) The buildings will not be unduly disproportional to other buildings in the area; (3) The building does not contain more than three levels; (4) An increased area in contiguous heavily landscaped open space is provided adjacent to and outside of the building perimeter and/or the parking lot. The property owner agrees not to develop the open space In the future. The increased area to be provided will be computed as follows: (x) feet increase in vortical height above thirty-five feet multiplied by ono poroont of the site's building coverage square footage; (5) Tho building conforms to the requirements of Section 18.04.170 of this code; and (€) The site must develop with a regional commercial use that would accommodate largo anchor tenants. Page 20 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.30 C-M HEAVY COMMERCIAL - LIMITED INDUSTRIAL ZONE Section 21.30.030 21.30.030 Building height A. NoExcept as otherwise provided in this section, no building in the C-M zone shall exceed a height of thirty-five feet or three lovelSj, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. B. Additional bBuilding height above thirtv-five feet may be permitted subiect to the following: 1. Building height up to a maximum of forty-five feet by the planning directormay be permitted through the approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) Tho building does not contain more than threo levels; a. The project complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers, which may be permitted up to fifty-five feet if the decision-making authoritv makes the specific findings that the protruding architectural features: I Do not function to provide usable floor area: 11. Do not accommodate and/or screen eguipment: iii. Do not adversely impact adjacent properties: and iv. Are necessary to ensure a building's desiqn excellence. 2. Building height above fortv-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in section 21.46.020 do not exceed the height authorized by the decision-making authority. c. The decision-making authority finds that: L The height ofthe building(s) will not adversely affect surrounding properties: and Page 21 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ii. The buiiding(s) will not be unduly disproportional to other buildings in the area: (b)__3. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area wiltshall be maintained as landscaped open space.; and (e) The building conforms to the roquiroments of Section 18.04.170 of this code; and (d) The allowed height protrusions as described in Section 21.•16.020 do not exceed forty fivo feet; with tho oxooption of architoctural foaturos such as flagpoles, stooplos or architectural towers which may be permitted up to fifty-five foot if the planning director makes the specific findings that the protruding architoctural features (1) do not function to provide usable fioor area; (2) do net accommodate and/or screen building equipment; (3) do not advorcoly impact adjacent properties; and (-1) are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be approved through a specific plan approved by the city council. Section 21.30.070(5) (5) The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, planned unit development, or planned industrial permitetc.) required under Title 21 of this title, no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. AMENDMENTS TO CHAPTER 21.31 C-L LOCAL SHOPPING CENTER ZONE List of Sections in Chapter 21^31 21.31.010 Intent and purpose 21.31.020 Definition: local shopping center 21.31.030 Permitted uses 21.31.040 Approval prooossSite development plan for new local shopping centers 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers 21.31.055 Projects in process 21.31.060 Special requirements to be addressed in the site development plan 21.31.070 Limitations on permitted uses in C-L zone 21.31.080 Development standards 21.31.090 Severability Page 22 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.31.010.A A. Implement the local shopping center (G-L) land use designation of the Carisbad general plan; Section 21.31.030 TABLE A The row for "Outdoor sales of seasonal agricultural goods" in Table A Permitted Uses is amended as follows: Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products) (subject to Section 21.31.080(U060.B (see note 1, below) Section 21.30.040 through 21.31.055 21.31.040 Approval processSite development plan for new local shopping centers A. A site development plan shall be required for the development of a new local shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q Qualified Development Overiay Zone) of this title, as modified by this section. B-. Role of Planning Commission. The planning commission is authorized to review at a noticed, public hearing, subject to Chapter 21.5'1, a proposed site development plan and any ether permits or entitlements being processed concurrently therewith, and to mako a recommendation to the city council to approve, conditionally approve, or dony the site development plan or plan amendment, and any concurrently processed permits or entitlements. Tho rocommendations of the planning commission shall be forwarded to tho city council forthwith. Q-. Decisionmaker. The city council shall—be tho decisionmaker for a site development plan required by this chapter. The city council shall also be the decisionmaker for all other permits and entitlements associated with a local shopping center, when such permits and entitlements are processed concurrently with the sito devolopment plan. Once a site development plan has been approved by the city council, however, any subsequent permits or ontitioments shall be processed and approved as elsewhere established by this title. The city council, following a noticed public hearing, subject to Chapter 21.5^, shall approve, condifionally approve, or deny the requested approvals. The docision ofthe city council shall be final. BB^.—Mandatory Findings of Fact. In addition to the findings set out in Section 21.06.020(bJB) (Q Qualified Development Overiay Zone—Findings), no site development plan for a local shopping center shall be approved unless the citv councildecision-making authority finds that the site, either by itself or in combinafion with another adjoining center, will provide the normal range of goods and services to meet the everyday needs of the local neighborhood, in Page 23 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) keeping with the intent and purpose of both this zone and the local shopping center general plan designafion. For the purpose of this secfion, "adjoining center" means that the second shopping center either abuts the subject center er is located on property immediately across a common street. 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers A. AExcept as otherwise provided in this section, a proposal to redevelop, remodel or expand an existing local shopping center shall be processed through a site development plan- or a site development plan amendment. B; ^Where a site development plan does not exist for an exisfing center, a site development plan shall first be obtained pursuant to Section 21.31.040. C: ^Where a site development plan exists, the proposal shall be processed through an amendment to the site development plan as provided by this section. , pursuant to Section 21.54.125. & Major Amendment. Any proposal for a major remodeling or redevelopment of an existing shopping center shall first obtain a major amendment to the site development plan, which amendment shall be processed accordirig to Section 21.31.040 with the city council as the decisionmaker. Any change of a site that constitutes a major romodoling or redevelopment will typically result in removal and/or replacement of fifty percent or more ofthe existing building fioor area of the center or a combination of changes to fioor area, landscaping, parking, facades, or other site features that constitute a major reconfiguration or redesign ofthe site. Where this threshold is unclear, the city planner shall determine whether the proposal will require a major amendment to tho sito development plan. G-. Minor Amendment. Any proposal for remodeling, redovoloping, er expanding an existing local shopping center, which does not require a major amendment as established by paragraph B, and which is not excepted by paragraph D, shall first obtain a minor amendment to tho sito development plan. A minor sito development plan amendment shall be heard and approved by the planning commission pursuant to tho process and findings contained in Chapter 21.06 (Q Qualified Development Overiay Zone). D. Exceptions. The following are excepted from the need to obtain an amendment to an existing site development plan er for a new site development plan for an existing center that does not have one: 1. Tenant improvements; 2. Any one addition of new floor area with a cumulative total of less than one thousand square feet; 3. Any non-floor-area changes to the site design that collectively result in less than a ten-percent change to the site, as determined by the city planner. 21.31.055 Projects in process. Page 24 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Any applicafion for a site development plan er an amendment to a site development plan, which application was deemed complete priorto the effective date ofthe ordinance that created this chapter, shall not be subject to the provisions of this chapter, but shall be processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. Section 21.31.080 21.31.080 Development standards A Exorcise of Site Development Plan. The city council in approving or amending, or the planning commission in amending, a site development plan may impose spocial conditions er requirements that include previsions for, but are net limited to, tho following: 4. Intensity of use; Compafibility with surrounding properties and land uses; Parking standards; Yards; Height and bulk of buildings; Fences and walls; Signs; 8^ Landscaping; 9-. Grading, slopes, and drainage; bo completed; 40i Time period within which the project or any phases of the projects shall bicyclists; 44^ Points of ingress or egress, including points used by pedestrians and 4Qr. Architecture, including colors, textures, materials, and adornments; 43^ Such other condifions as are deemed necessary to ensure conformity with the general plan and other adopted policies, goals or objectives of tho city, including the purpose and intents of this chapter. Page 25 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) BTA Property Size. No site shall be included in the local shopping center zone unless all constituent properties are contiguous, planned as an integrated whole, and aggregate to a minimum of four net acres, if already developed with retail uses, or seven gross acres, if undeveloped or developed with uses other than retail. GB. Building Height. 1. NeExcept as otherwise provided in this section, no building in the C-L zone shall exceed a height of thirty-five feet er three levels, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. 2. ^Addifional building height may be permitted to a maximum of forty-five feet through theapproval of a minor site development plan approved by the city eeufteUprecessed in accordance with the provisions of Chapter 21.06 of this title, provided that: a-. The building does not contain more than three levels; and ba. All required yards shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional yard area will be maintained as landscaped open space; and this code; and The building conforms to the requirements of Section 18.0^1.170 of 4: The allowed height protrusions Aas described in Section 21 .46.020T do not exceed a height of forty-five feet: with the exception of architectural features such as flagpoles, steeples, or architectural towers, which may be permitted up to fifty-five feet if the citv council makes the specific findingsdecision-making authoritv finds that the protruding architectural features: SC. Yards. Do not function to provide usable fioor area; and Do not adversely Impact adjacent properties; and Are necessary to ensure a building's design excellence. 1. The following yards shall apply to the periphery of a local shopping center unless otherwise established through a prior site development plan approval: Table B Yards Site Property Line is Adjacent to Yard Depth Primary Arterial Road 20 feet Secondary Arterial Road 15 feet Non-Arterial Road 10 feet Page 26 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Not On A Street Frontage 10 feet 2. Protrusions into Yards. The following intrusions only may be permitted within required yards: a. Pedestrian walkways, b. Landscaping, c. Fences or walls, d. Approved areas of ingress and egress, e. Direcfional signs and approved monument signs, f. Public recreational facilities or outdoor eating areas as authorized in the site development plan, g. Architectural projections such as eaves, trellises, sun shades, columns, and buttresses may extend up to three feet into any yard. ED. Landscaping. Landscaping shall be provided pursuant to the city of Carisbad Landscape Manual and Chapter 21.44 (Parking). ^E. Walls and Fences. 1. A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residenfially zoned property, except that the wall shall be forty-two inches in height along that part of the common lot line that bounds the front yard of the residential property. 2. Other walls and fences up to a height of six feet are permitted except that ne wall or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets. Chain link, barbed wire, razor ribbon or other similar fences are specifically not permitted. GF. Lighting. Exterior lighfing is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare te any off-site properties or public rights-of-way. HG. Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the safisfacfion of the city planner. IH. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates subject to city standards. 41 Loading Areas and Docks. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Appropriate mifigating measures Page 27 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall be incorporated to assure that noise from a loading area er dock does not exceed sixty-five db CNEL at the shopping center's property line. KJ. Parking Requirements. Parking shall be provided subject to the provisions of Chapter 21.44 of this title. tK. Employee Eating Areas. Outdoor eating facilifies for employees of the center shall be provided, as follows, except as noted below: 1. A minimum of three hundred square feet of outdoor eating facilities shall be provided for each fifty thousand square feet of fioor area, or portion thereof. Credit towards the required amount of floor area will be given for centers in which two or more restaurants share a common, public eafing area in a food court or for other public eafing area available to all patrons, comprising at least six hundred square feet. 2. The area shall be easily accessible to the employees of the local shopping center. 3. The area shall be landscaped and provided with attracfive outdoor furniture, i.e., metal, wood, or concrete picnic tatjies, benches/chairs and trash receptacles. 4. The site size, location, landscaping and furniture required above shall be approved as part ofthe required site development plan, or if no site development plan is required, a plan of the eating area shall be provided to and approved by the city planner. ML. Signs. Signage for sites in the C-L zone that are subject to a site development plan shall be implemented according to a sign program, as established by Section 21.41.060 (Sign Ordinance) of this title. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (Sign Ordinance). WM. Recycling Areas. Where state law requires a recycling area for beverage containers to be located within the center, said recycling area shall be subject to the provisions of Chapter 21.105 of this title. The location of all recycling areas shall be set out in the site development plan and the parameters of operation shall be called out. AMENDMENTS TO CHAPTER 21.32 M INDUSTRIAL ZONE Section 21.32.050 21.32.050 Building height A. NoExcept as otherwise provided in this section, no building in the M zone shall exceed a height of thirty-five feet or three lovols^ and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. B. Additional bBuilding height above thirty-five feet may be permitted, subiect to the following: Page 28 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Building height up to a maximum of forty-five feet by the planning directormay be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) The building does not contain more than three levels; (b) All required setbacks shall be increased at a ratio of one horizontal foot for every ono foot of vertical construction beyond thirty five feet. The additional setback area will be maintained as landscaped open space; (G) The building conforms to the requirements of Section 18.0^.of this code; and a. The project complies with the provisions of subsection B.3 of this secfion. (d) bi. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples er architectural towers^ which may be permitted up to fifty-five feet if the planning directordecision-making authority makes the specific findings that the protruding architectural features (1) doj, L Do not function to provide usable fioor area; (2) ii. doDo not accommodate and/or screen building equipment; (3) - iii. deDo not adversely impact adjacent properties; and (4) - iv. afeAre necessary to ensure a building's design excellence. 2, Building heights in excess of height above forty-five feet may be approvedpermitted through approval of a seeeifiesite development plan approved by the city eouBetlprocessed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. The project complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions, as described in Section 21.46.020, do not exceed the height authorized decision-making authoritv. c. The decision-making authoritv finds that: L The height ofthe buildlng(s) will not adversely affect surrounding properties; and ii. The building(s) will not be unduly disproportional to other buildings in the area: 3. All reguired setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space. Page 29 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.32.060(5) (5) The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, planned unit development, or planned industrial permitetc.) required under this title. AMENDMENTS TO CHAPTER 21.34 P-M PLANNED INDUSTRIAL ZONE List of Sections in Chapter 21.34 21.34.010 Intent and purpose 21.34.020 Permitted uses 21.34.050 Planned industrial permitMinor site development plan reguired 21.3^.060 Industrial subdivisions 21.34.070 Development standards 21.34.080 Design criteria 21.34.090 Performance standards 21.34.110 Amendments 21.34.120 Final map 21.34.130 Final planned industrial development plan 21.34.140 Certificafion of occupancy 21.34.150 Maintenance 21.34.160 Failure te maintain Section 21.34.050 through 21.34.070 21.34.050 Planned industrial permit. Minor site development plan required. (a) Planning Diroctor Approval. No development of a permitted use pursuant to Section 21.3-1.020, change of use of building modifications in oxcoss of twenty five percent of the building valuafien ofthe existing development shall be done without first obtaining a planned industrial permit from the planning director. In his review of a planned Industrial development, the planning director shall ascertain all facts pertinent to the proposed development and shall approve, conditionally approve, disapprove or givo notice of referral to the planning commission, together with the findings and reasons for such action. (fe) Application. Application for a planned industrial permit shall be made in accordance with the procedures set forth in this subsection: (4) An application for a planned industrial permit may be made by the record owner or owners of tho property affected or the authorized agent of the owner or owners. The application shall be filed with the planning director upon forms provided him. The application shall be accompanied by adequate plans which allow for detailed review pursuant to this Page 30 LAND USE DECISION MAKING (ZCA 11 -06/LCPA 11 -07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) chapter, a legal description of the property and all other materials and information specified by the planning director. (2) At the time of filing the application, tho applicant shall pay a processing fee in an amount specified by city council resolution. A. No development in the P-M zone shall be done without first obtaining approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title: except that notice of the application for a minor site development plan, reguired pursuant to Section 21.06.060 of this title, shall not be reguired for development in the P-M zone, unless the application includes a reguest to exceed the permitted building height pursuant to Section 21.34.070.A of this chapter. (3) B. If the applicant contemplates the construcfion of a planned industrial development in the proiect in phases, the minor site development plan application shall so state and shall include a proposed phasing schedule. -(e) Findings ofthe Planning Director. In approving a planned industrial permit, the planning director shall make the following findings: (4) The site indicated by tho planned industrial permit is adoquato in size and shape to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required by this chapter. (2) The improvements indicated en the planned industrial permit are located in such a manner to be related to existing and proposed streets and highways. (3) The improvements as shown on the planned industrial permit are consistent with the intent and purpose of this zone and all adopted development, design and performance standards as set forth in this chapter. (4) Notification. The planning director shall notify the applicant in writing of any decision made on a planned industrial permit. (e) Effoctivo Date of Order and Appeal of Planning Director Decision. Tho effective date ofthe planning director's decision and rnethod for appeal of such docision shall be governed by Section 21.5^.1-10 of this code. (f) Effective Date of Order and Appeal of Planning Commission Decision. The offectivo date of tho planning commission's decision and method for appeal of such docision shall be governed by Section 21.5^.150 of this code. (§) Notice ofthe hearings required by this section shall be given pursuant to Section 21.5^.060(1) of this code. 21.34.060 Industrial subdivisions- Industrial subdivisions including industrial condominium and planned unit developments may be permitted in the P M zone ifthe project moots all othor requirements of this chapter and all requirements of Titie 20, Subdivisions. All industrial subdivisions, condominium and planned unit development subdivision applications shall be accompanied by an application for a planned Page 31 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) industrial permit processed pursuant to Section 21.3-1.050 except that the permit shall be approved by the same decision-making body which approves the subdivision. Amendments to a planned industrial permit issued pursuant to this section may be made by tho planning director according te this chapter. 21.34.070 Development standards All industrial projects shall comply with the following development standards: (4)A, Building Height. 1. Except as otherwise provided in this section, Nno building in the P-M zone shall exceed a height of thirty-five feet or three levels^ and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. 2. Additional bBuilding height above thirty-five feet may be permitted subject te the following: a. Building height up to a maximum of forty-five feet by the planning directormay be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) The building does net contain moro than threo levels; L The proiect complies with the provisions of subsecfion A.2.C of this section; and ii. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet; with the exception of architectural features such as fiagpoles, steeples or architectural towers, which may be permitted up to fifty-five feet if the decision-making authoritv makes the specific findings that the protruding architectural features: (A) Do not function to provide usable fioor area: (B) Do not accommodate and/or screen building eguipment: (C) Do not adversely impact adjacent properties: and (D) Are necessary to ensure a building's design excellence. b. Building height above forty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: i. The project complies with the provisions of subsection A.2.C of this section. Page 32 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ii. The allowed height protrusions as described in section 21.46.020 do not exceed the height authorized by the decision-making authority. iii. The decision-making authority finds that: (A) The height of the building(s) will not adversely affect surrounding properties; and (B) The building(s) will not be unduly disproportional to other buildings in the area: (fe) c. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The addifional setback area witishall be maintained as landscaped open spacef-. (G) The building conforms to the requirements of Secfion 18.0-1.170 of this code; and (4) The allowed height protrusions as described in Section 21.-16.020 do not oxoood forty-five feet; with the exception of architoctural features such as fiagpoles, steeples or architectural towers which may be permitted up to fifty-five feet ifthe planning director makes the specific findings that the protruding architectural features (1) do not function to provide usable fioor aroa; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (A) are necessary to ensure a building's design excellence. Building heights in excess of forty-five feet may be approved through a specific plan approved by the city council. (2)6, Setbacks. (A) ! Front Yard and Side Street Yard on Prime, Major and Secondary Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary street shall have a minimum setback of fifty feet. This setback shall be measured from the right-of-way line. This setback shall be entirely landscaped and imgated; however, upon approval of the city planner, the landscaped portion of the setback may be reduced te thirty-five feet to accommodate a driveway along the portion of the setback farthest from the right-of-way er private street. Any driveway within the front yard setback shall be screened from the public or private street by a mixture of mounding and landscaping to the satisfaction of the city planner. (B) 2. Front Yard and Street Side Yard on Collector, Local and Private Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private street shall have an average setback of thirty-five feet; however, the setback shall not be less than twenty-five feet. This setback shall be entirely landscaped and imgated and shall be measured from the right-of-way line or, in the case of a private street, from the curb line. (G)3. Side Yard—Interior. All interior side yards shall have a minimum setback of ten feet which shall be entirely landscaped and irrigated. Page 33 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (5) 4. Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. (6) 5. Walls and Fences. A wall or fence located in any part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street area shall not exceed thirty-six inches in height. (P)6. Landscaping in Parking Areas. A minimum of ten percent of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the city planner. Landscaping in the building setback areas shall not count towards meeting this requirement. (6)7. Minimum Lot Area. Except for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. When an industrial subdivision is submitted, the planning commission or city council, whichever is the final decisionmaker,However, the decision-making authority for the subdivision map may permit a reduction in the minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned industrial prejectproject reguiring a minor site development plan pursuant to this chapter and that the reduction of the lot area does not create adverse impacts to surrounding properties. (44)8, Lot Coverage. All buildings, including accessory building structures, shall cover not more than fifty percent of the area of a lot. Open parking areas shall not be counted in determining lot coverage. (J)9. Private Streets. Private streets may be permitted within a planned industrialproject reguiring a minor site development plan pursuant to this chapter provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement ofthe city's street improvement standards and further provided that the permit is processed concurrently with a subdivision map. The planning commission and city council shall determino the width of private streets which shall in no eventnot be less than the minimum standards of this subsection. Pavement between curbs of private streets shall not be less than the following: i Type of Street Minimum Width Curb to Curb 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52 feet (3)Ci Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below: (A)! A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required Page 34 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. (B)2. The area shall be easily accessible to the employees of the building. (G)3. The area shall be located such that a sense of privacy is apparent. (D) 4. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. (E) 5. The site size, location, landscaping and furniture required above shall be approved as part of the required discretionary action (tontativo map,minor site development plan, planned unit development, or planned industrial permit) required under this titie. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. (F) 6. This section shall net apply te industrial/office buildings which are located within one thousand feet of an approved mini-park er a city park which is accessible by walking as determined by the city planner. Section 21.34.110 21.34.110 Amendments (a) Amendments to a planned industrial permit may be initiated by the property owner or authorized agent as follows: (4) A request for an amendment shall be submitted to the planning director in written form and shall be accompanied by such additional graphics, statements, or other information as may bo required to support the proposed amendment. When nocossary, the amendment shall be accompanied by an amoridment to any corresponding tentative map or tentative parcel map. (2) Ifthe planning director considers the amendment minor in nature, the additional graphics, statement or other information may be approved by the planning director and made part ofthe original approval. (5) A minor amendment shall not change the boundaries of the subject property, er involve an addition of a new building or group of buildings not shown on the original permit of groator than ton percent in approved yards, coverage, height, open space or landscaping, provided no changes shall bo loss than required by this chapter. If tho planning director determines that the amendment is net minor, a new planned industrial permit shall be filed. An amendment affecting a subdivision map for the project shall not be deemed minor and shall bo processed pursuant to Title 20 for amendment of subdivisions. Page 35 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) If a new planned industrial permit is required, the applicant shall submit a completed application with graphics, statements, or othor information as may be required to support the proposed modification. (5) A fee, as specified by city council resolution, shall be required for an amendment to a planned industrial permit. (©) An application for an amendment of a planned industrial permit shall bo processed and determined in accordanoo with tho provisions of this chapter applicable to tho adoption of a planned industrial permit; (fe) Amendments may also bo Initiated by resolution of intention ofthe planning commission or city council. Section 21.34.130 and 21.34.140 21.34.130 Final planned industrial development plan (a)A. For applications that have filed a parcel map or tentative map concurrent with a planned industrial permitminor site development plan required pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the recordation of the final map. (fe)Bi For applications that have not filed a parcel map or tentative map concurrent with a planned industrial permitminor site development plan reguired pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the issuance of any building permits. (e)C. The final planned industrial development plan shall reflect all required revisions and refinements. The final planned industrial development plan shall include: (1) . Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (2)^ A final grading plan; (3) . Final elevation plans; (4) . A final landscaping plan including methods of soil preparation, plant types, sizes and location, and irrigation system plans showing location, dimensions and types; and (5)^ A plan for lighting of streets, driveways and parking areas. Page 36 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4)0. Where a planned industrial development requiring a minor site development plan pursuant to this chapter contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final planned industrial development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney. (6)E. A final planned industrial development plan may be submitted for a portion of the development, provided the city planner approves the construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. (^F. The city planner shall review the plan for conformity to the requirements of this chapter and the planned Industrialminor site development permit.plan. If the city planner finds the plan to be in substantial conformance with all such requirements, the city planner shall approve the plan. 21.34.140 Certification of occupancy A certification of occupancy shall not be issued for any structure mreguiring a planned industrialminor site development plan pursuant to this chapter until all improvements required by the planned Industrial permitminor site development plan have been completed to the satisfaction ofthe city engineer, city planner and the community and economic development director. Section 21.34.160(g) (g) A list of assessments as finally confirmed by the city council shall be sent to the city treasurer for collection. If any assessment is not paid within ten days after its confirmation by the city council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien, substantially in the following form: NOTICE OF LIEN Pursuant to Chapter 21.34, Title 21, ofthe Carisbad Municipal Code (Ordinance No. 9693), the City of Carisbad did on the day of , 20 , cause maintenance and repair work to be done in the Planned Industrial Development project known as which was constructed under the Planned Industrial Development PermitMinor Site Development Plan No. , for the purpose of abating a public nuisance and enforcing compliance with the terms of said eefmrtminor site development plan, and the Council of the City of Carisbad did on the day of , 20 , by its Resolution No. assess the cost or portion of the cost thereof upon the rear property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carisbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date ofthe recordation of this instrument has been paid Page 37 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land In the City of Carisbad, County of San Diego, State of California, particulariy described as follows: (Description of Property) Dated this day of , 20 , City Clerk, City of Carisbad AMENDMENTS TO CHAPTER 21.35 V-R VILLAGE REVIEW ZONE 1 List of Sections in Chapter 21.35 21.35.010 Intent and purpose 21.35.015 Village redevelopment plan expiration 21.35.020 Incorporation of village master plan and design manual by reference 21.35.030 Land affected by this chapter 21.35.040 Permitted uses. 21.35.050 Provisional uses 21.35.060 General regulations 21.35.070 Village review permit 21.35.080 Village review projects 21.35.085 Permit aApplication and fees 21.35.087 Notices and hearings 21.35.090 Housing and redevelopmont diroctor octionDecision-making authority 21.35.100 Planning commission actionAnnouncement of decision and findings of fact 21.35.110 Effective date of order—Appeal of planning commission decisionand appeals 21.35.115 Citv council actlonExpiration, extensions and amendments for village review permits 21.35.117 Notice of public hearings 21.35.120 Findings of factConsolidation of other permits and discretionary approvals— Findings requirements 21.35.130 Variances 21.35.140 Compliance with other provisions of this code 21.35.150 Amendments to the village master plan and design manual Section 21.35.070 21.35.070 Village review permit Unless otherwise determined to be anspecificallv exempt prejeet-pursuant to Secfion 21.35.080 of this chapter, no building permit or other entitlement shall be issued for any development shall occuror use in the aroa subiect te this chapter withoutV-R zone unless there is a valid village review permit approved for the property. Page 38 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.35.080 21.35.080 Village review projects (a) Exempt Projects. No village review permit shall be required for an exempt project. An exempt project is one which is exempt from the requirement to obtain a coastal development permit in accordance with Secfion 21.&4TO3O.201.060: and requires no village review permit or other discretionary approvals, and includes but is not limited to: (1) Interior or exterior improvements to existing structures which de not result in the intensity of use of a structure; and/or (2) Addifions to existing structures which result in a cumulative increase of less than ten percent of the internal floor area; and/or (3) Changes in permitted land uses which do not require site changes, result in increased ADT, result in increased parking requirements, or result in compatibility issues or problems; and/or (4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or (5) Repair or maintenance activities which are exempt from a coastal development permit; and/or (6) Activities of public utilities regulated by a government agency; and/or (7) A project that requires no variance of any type; and/or (8) Demolition of a structure outside the Village Segment ofthe Carisbad Coastal Zone, provided that said demolition has no potential to create an adverse impact on coastal resources and/or access to the coast. (b) Nonexempt Projects. There are three types of village review permits required for nonexempt projects. One permit for each type of development project described as fellows: (1) Administrative Village Review Project. An administrative village review proiect is one which resultspermit shall be reguired for projects that: 1) result in minor new construction and/or a change in a development which requires no other discretionary approvals, except an administrativea minor variance within the authority of either the director of planning or the housingcitv planner, and redevelopment diroctor, and includos2) include, but isare not limited to: (A) New construction of building(s) or addition(s) to the building footprint with an estimated permit value of less than sixty thousand dollars; and/or (B) Interior or exterior improvements to existing structures which result In an Intensity of use; and/or Page 39 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (C) Provisional land uses, where a minor or major redevelopmentvillage review permit is not required; and/or (D) Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems; and/or (E) Signs for existing businesses or facilities; and/or (F) Repair or maintenance activities which are not exempt projects; and/or (G) Demolition of a structure within the Village Segment of the Carisbad Coastal Zone provided that said demolition has no potential to create an adverse impact on coastal resources and/or public access to the coast; and does not include any overnight accommodations. (2) Minor Village Review Project. A minor village review projectpermit is one which deesrequired for proiects that do not qualify as an administrative rodevelopmentvillage review project and/or involvesinvolve new construction with an estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. (3) Major Village Review Project. A major village review proiectpermit is one which deesreguired for projects that do not qualify as an administrafive or minor redevelopmentvillage review project and/or involvesinvolve new construction with an estimated permit value of one hundred fifty thousand dollars or more. Section 21.35.085 through 21.351130 21.35.085 Permit applicationApplication and fees (a)A. An application for aan administrative, minor or maior village review permit iot-a non-exempt development project as defined in Section 21.35.080 may be made by the record owner or owners of the propertvT affected or the authorized agent or agents for tho property, on which tho development is proposedof the owner. The application shalh bo filed with the diroctor upon forms provided by the director, and shall be processed in accordance with the provisions of Section 21.5^.010 of this code. 1. Be made in writing on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by adeguate plans, a legal description of the propertv involved and all other materials as specified by the city planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. Page 40 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (fe)C. If signatures of persons other than the owners of property making the applicafion are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. (e) The application shall be accompanied by a fee in the amount established by city council resolution. No application shall bo acoopted or deemed accepted until the appropriate foo or foos have been paid. 21.35.087 Notices and hearings A. No public notice or hearing shall be reguired for an application for an administrative village review permit. B. Notice of an application for a minor or maior village review permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this tifie. 21.35.090 Housing and rodevelopment director aotionDecision-making authoritv (a)A. Exemption determination. 1, After the application has been accepted as complete^ the city plannerdirector shall determine if the project is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required for a project which is exempt from the requirements of this chapter. The city planner director shall determine; a. Determine the exemption based on the certified local coastal program, including maps, categorical exclusions and other exemptions, land use designations, zoning ordinances and the village master plan and design manual. In granting an exemption, the city planner^tfeetor may impose such conditions as are necessary to protect the public health, safety and welfare. b. Tho diroctor shall ilnform the applicant whether the project is exempt within ten calendar days ofthe determination that the application is complete.4^ decision ofthe director on all exempt determinations is final, (subject to the potential dispute rosolution process as providod in Section 21.81.050). c. Tho director shall mMaintain a record of all determinations made on projects exempt from the requirements of this chapter. The records shall include the applicant's name, an indication that the project is located in the village area, the location of the project, and a brief description of the project. The record shall also include the reason for exemption. B. Applications for administrative, minor and maior village review permits shall be acted upon in accordance with the following: 1. Administrative village review permits a. An application for an administrative village review permit may be Page 41 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, and of the circumstances of the particular case. (b^) The citv plannerdifeeteF may approvOT or conditionally approve er deoyan administrative village review permits-if all of the findings of fact in Section 21.35.120 of the chapter are found to exist.for the village as defined in Section 21.35.080, subject to appeal to the planning commission. (e) After all necessary reports and rocommendations have been received the director shall transmit the application for a minor or major village review permit together with the reports and the recommendations of the appropriate departments to the Planning Commission for a public hearing. (4) The director shall transmit to the planning commission all timely appeals en administrative permits and administrative variances. (e) The director may grant, conditionally grant or deny applications for the types of administrative variances set forth in Section 21.51.020 of this code and in accordance with the procedures provided in Chapter 21.51 of this code, except that tho diroctor and the planning commission shall serve as the appropriate approving bodies for projects within the village review area. Ifthe project includes other discretionary approvals outside the director's authority, the director shall set the consolidated projoct for public hearing by the planning commission. (f) Tho effective date of order of a housing and redevelopment director docision and tho method for appeal of such decision shall bo govorned by Section 21.5-1.1^0 of this cede. 2. Minor village review permits a. An application for a minor village review permit mav be approved, conditionally approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. b. The planning commission shall hear the matter, and may approve or conditionally approve the minor village review permit if all of the findings of fact in Section 21.35.120 of this titie are found to exist. 3. Maior village review permits a. An application for a major village review permit may be approved, conditionally approved or denied by the citv council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. b. Before the citv council decision, the planning commission shall hear and consider the application for a maior village review permit and shall prepare a recommendation and findings for the citv council. Page 42 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. The city council shall hear the matter, and may approve or conditionally approve the maior village review permit if all of the findings of fact in Section 21.35.120 of this title are found to exist. 21.35.100 Announcement of decision and findings of fact A. When a decision on an administrative, minor or major village review permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 21.35.110 Effective date and appeals A. Citv planner decisions shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this title. B. Planning commission decisions shall become effective and may be appealed in accordance with the provisions of Section 21.54.150 of this title. C. City council decisions are final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.35.115 Expiration, extensions and amendments for village review permits. A. The expiration period for an approved administrative, minor or maior village review permit shall be as specified in Secfion 21.58.030 of this titie. B. The expiration period for an approved administrative, minor or maior village review permit may be extended pursuant to Section 21.58.040 of this title. C. An approved administrative, minor or major village review permit may be amended pursuant to the provisions of Section 21.54.125 of this titie. 21.35.120 Findings of fact. A. No determination or decision shall be made pursuant to this chapter unless the decision-making authority finds, in addition to any other findings otherwise reguired for the proiect, that the proiect is consistent with this code, the general plan, and the village master plan and design manual. 21.35.130 Variances A. An application for a variance within the V-R Zone shall be processed in accordance with the provisions of Chapter 21.50 of this title. 21.35.100 Planning commission action (a) Tho planning commission shall hold a public hearing on: (4) Appeals of decisions made by the director on administrative village review permits for tho villago area as defined in Soction 21.35.080 or administrative variances; Page 43 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3) Minor or major village review permits; and (S) Non-administrafive variances for which the beard has final docision making authority pursuant to Section 21.35.130(b). (b) For major village review projects, the commission shall consider the evidence and by resolution report and recommend to the city council approval, conditional approval, er denial ofthe project. Such rosolution shall state, among other things, tho facts and reasons why the commission determined the approval, conditional approval or denial to be consistent with this chapter. Tho action to approve, conditionally approve or deny is advisory to the council. (o) The commission shall have sole authority to consider the evidence and by resolution report and recommend to the city council approval, condition approval, or denial of revisions to applicable chapters ofthe Carisbad Municipal Code, village master plan and design manual and/or other policy documents specifically related to activities which benefit and/or otherwise impact the village area. 21.35.110 Effective date of order—Appeal of planning commission decision The effective date of the planning commission decision and method for appeal of such docision shall bo governed by Section 21.54.150 of this code. 21.35.115 City council action The city council shall hold a public hearing on: (a) Any major village review permit for which the planning commission has filod a report and recommendation with the city clerk; er (fe) Any ether matter made appealable to the council by this chapter and which has been timely appealed. 21.35.117 Notice of public hearings- Notice of any public hearing required by this chapter shall be given as provided in Section 21.54.060(1) of this cede. 21.35.120 Consolidation of other permits and discretionary approvals—Findings requirements (a) Whenever a project would require a permit or approval under tho provisions of this title and/or Title 20 notwithstanding this chapter, the villago roviow permit shall be doomed to satisfy the requirements for such permit or approval; provided, however, that in considering the village review permit for said project the director, planning commission and the city council shall apply the provisions of this chapter and the provisions of this title otherwise applicable to such other permit or approval for the project. (fe) Whenever a project consists only of exemption determinations and/or administrative permits or administrative variances within the authority of either the director of Page 44 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) planning or the director, they shall be consolidated and considered by the director, subject to appeal to the planning commission with regard to determinations other than exemptions. (G) If the projoct includes permits or other discretionary approvals outside the director's administrative permit or administrative variance authority, the administrative permit and/or administrative variance aspects shall be consolidated with the other matters and submitted te the planning commission. (d) No variance, determination of exemption or administrative, miner or major village review permit shall be granted unless the decisionmaker finds, in addition to any other findings otherwise required for the project, that the project as approved, or conditionally approved is consistent with this codo, the general plan, and the village master plan and design manual. 21.35.130 Variances. (a) The city council may grant variances from the limits, restrictions and controls established by this chapter for major village review permits if the commission finds that: (4) Because of special circumstances applicable te tho subject property, including size, shape, topography, location er surroundings, the strict application of the zone regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; (2) Tho variance shall not constitute a grant of special privileges inconsistent with the limitafions upon other properties in the vicinity and zone in which the subject property is located and is subject te any conditions necessary to assure compliance with this finding; (3) Tho variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; (4) The variance is consistent with the general purpose and intent ofthe general plan and the Carisbad village master plan and design manual; (§) In addition, in the coastal zone, that the variance is consistent with and implements the requirements ofthe certifiod local coastal program and that the variance does not reduce or In any manner adversely affect the protection of coastal resources as specified in tho zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. (fe) An applicafion for a variance shall be processed in the same manner established by this chapter for a village review permit. (e) The planning commission may grant variances from the limits, restrictions and controls established by this chaptor for minor roviow projects (or othorwiso administrative projects consolidated or on appeal from a director decision), if the commission makes the variance findings set forth in subsection (a) of this section. (4) Tho director may grant administrative variances in accordance with Section 21.35.090(e), if the director makes the findings set forth in subsection (a) of this section. Page 45 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21 35.15© 21.35-150 Amendments to the village master plan and design manual. Amendments to the village master plan and design manual shall be deemed to be amendments to this chapter; provided, however, that such amendments are processed and noticed in a manner which meets the requirements of Chapter 21.52 of this code. Amendment ofthe village master plan and design manual by city council resolution, with a recommendation from the planning commission shall be deemed te satisfy the requirements of Chapter 21.52 of this code, provided all other requirements are met. AMENDMENTS TO CHAPTER 21.37 RMHP RESIDENTIAL MOBILE HOME PARK ZONE List of Sections in Chapter 21.37 21.37.010 Intent and purpose 21.37.020 Permitted uses 21.37.030 Permit required 21.37.040 Application and fees 21.37.050 Transmittal to the planning commissionPecision-making authority 21.37.060 Planning commission roportAnnouncement of decision and findings of fact 21.37.070 Citv council determinationEffective date 21.37.075 Extensions, expiration and amendments 21.37.080 Final mobile home park plan 21.37.090 Design criteria 21.37.100 Development standards 21.37.110 Removal of mobile home park zone 21.37.120 Conversion 21.37.130 Waiver of tentative and final map for mobile home park conversions 21.37.140 Severability Section 21.37.040 through 21;|7.075 21-37.040 Application and fees A: Application for a mobile home park permit shall be made to the city council through the planning department and planning commission in accordance with the procoduros sot forth in this section: An application for a mobile home park permit may be made by the record of the property en—which—the—dovolopmont—is—proposed—te—be affected or the authorized agent of the owner. The application shall be filed with : 1. Be made in writing on a form provided by the city planner-; Page 46 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. State fully the circumstances and conditions relied upon as grounds for the application: and shall contain a 3. Be accompanied by: L A legal description of the property involved and an explanation and description of the proposed use. The city planner may prescribe the form and content of such application; ^ 3r. A fee as established by city council resolution shall be paid when application for a mobile home park permit is made; 3T N. Tho application shall be accompanied bvAdeguate plans, which include a development plan includingshowing the location of all mobile home lots and accessory buildings, a landscape plan and a grading plan including cress-sections of any proposed grading. Tho city planner may require any additional documents or information necessary to insure comploto roview of the project; iii. All other materials as specified bv the city planner. 4. If the applicant contemplates the construction of a mobile heme park in phases, the application shall so state and shall include a proposed construcfion schedule; 5. If the project is to provide open areas and recreafional facilities te be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property; and 6. If the proposed park will be a condominium or planned unit development, a tentative map prepared according to the requirements of Chapter 20.12 of this code shall be filed at the time of the application for the mobile home park. No tentative map for a mobile home condominium or planned unit development shall be approved unless a mobile home park permit has first been approved. A tentative map for a mobile home condominium or planned unit development shall not be deemed submitted for approval unfil the date ofthe first planning commission hearing on the permits. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. 21.37.050 Transmittal to the planning commission. A The city planner shall transmit the application for a mobile homo park permit, together with his rocommondation thereon, to the planning commission for public hearing when all necessary reports and processing have boon oomplotod. When an application is relative to another discretionary permit, it may be considered by the planning commission concurrent with their consideration of such discretionary permit. Notice ofthe public hearing shall be given as provided in Soction 21.5-1.060(1). Page 47 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.37.060 Planning commission report. A; The planning commission shall hear and consider the application for a mobile home park permit and shall prepare a report and recommendation for the city council. A copy of the report and recommendation shall be mailed te the applicant and shall be filed with tho city clerk who shall set the matter for public hearing before the city council. Notice of the public hearing shall be given as provided in Section 21.54.060(1). 21.37.070 City council dotormination. A^ The city council may approve, conditionally approve or disapprove a mobile home park permit. Such determination shall be made in accord with this code, tho general plan and any applicable spocific plans. B-. A permit shall not be approved or conditionally approved unless the council finds that the design and improvement of the project are consistent with the development standards and design criteria established by this chapter. 21.37.050 Decision-making authoritv A. An application for a mobile home park permit may be approved, conditionally approved or denied by the city council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. B. Before the city council decision, the planning commission shall hear and consider the application for a mobile home park permit and shall prepare a recommendation and findings for the citv council. The action of the planning commission shall be filed with the citv clerk, and a copy shall be mailed to the applicant. C. The city council shall hear the matter, and may approve or conditionally approve the mobile home park permit if it finds that the design and improvement of the project are consistent with the development standards and design criteria established by this chapter. 21.37.060 Announcement of decision and findings of fact A. When a decision on a mobile home park permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this code. 21.37.070 Effective date A. The decision of the citv counci! on a mobile home park permit is final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.37.075 Expiration and extensions and amendments A. The expiration period for an approved mobile home park permit shall be as specified in Section 21.58.030 of this title. Page 48 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. The expiration period for an approved mobile home park permit may be extended pursuant to Section 21.58.040 of this title. C. An approved mobile home park permit may be amended pursuant to the provisions of Section 21.54.125 of this titie. AMENDMENTS TO CHAPTER 21.38 P-C PLANNED COMMUNITY ZONE List of Sections In Chapter 21.38 21.38.010 Intent and purpose 21.38.020 Permitted uses and structures 21.38.021 Community facilities sites required 21.38.025 Second dwelling units 21.38.030 General provisions 21.38.040 Master plan required 21.38.050 Application and fees 21.38.060 Contents of master plan 21.38.070 Exception te master plan 21.38.070 Notices and hearings 21.38.080 Prefiling precedureDecision-making authoritv 21.38.090 Citv Planner's dutiesFindings of fact 21.38.100 Planning commission duties 21.38.110 City council action 21.38.100 Effective date and appeals 21.38.110 Reserved. 21.38.120 Amendment of master plan 21.38.130 Implementation of master plan 21.38.140 Additional standards 21.38.141 Additional standards—Rancho La Costa, Batiquitos Lagoon Watershed 21.38.150 Undeveloped areas of existing planned communities Section 21.38.050 21.38.050 Application and fees A. Prefiling procedure. 1. Prior to filing an application for a master plan, an applicant mav prefile the proposal with the citv planner for review. 2. The citv planner shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This procedure mav involve a review ofthe general outiine ofthe proposal. Page 49 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 3. After review, the citv planner shall provide the applicant with written comments, including recommendations as appropriate to inform and assist the applicant prior te the applicant's formal application. B. Master Plan Application. 1. An application for a master plan and all related amendments mav be made bv the owner of the property affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided by the citv planner: b. State fully the circumstances and conditions relied upon as grounds for the application: and c. Be accompanied by a preliminary master plan graphic and text, open area plan and sign program, a legal description of the property involved and all other materials as specified by the citv planner. C. At the time of filing a preliminary application or a master plan application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. An application for approval of a master plan shall be made to the city council through the planning department and planning commission in accordance with procedures set forth below: (4) An application for a master plan may be made by the record owner or owners, or their duly authorized agents, of tho subject property. It shall bo filod with the city planner and must contain the signatures of the record owner er owners of tho subject property. (2) The planning commission may prescribe the form and content for such application. (3) A fee in an amount established by city council resolution shall be paid when the application is filed. (4) The application shall be accompanied with a preliminary master plan graphic and text, open aroa plan, and sign program. Section 21.38.060.B (B) Location of the various land uses shall be indicated by the use of zone designations of development zones and overiay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part ofthe master plan approval. All master plans shall allow a maximum building height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided for single- family and duplex projects on lots with a lot area less than twenty thousand square feet in size. Lots with a lot area of twenty thousand square feet or greater and zoned R-1 and specifying a - Page 50 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 20 or greater area zoning symbol by the master plan may have a building height limit of thirty- five feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may impose a lower building height limit than those stated in this section in its development standards. Neighborhood commercial uses within a master plan shall conform to Section 21.26.030 ofthe C-1 zone. Tourist-oriented commercial uses within a master plan shall conform to Section 21.29.060 of the C-T zone. All other commercial uses within a master plan shall conform to the building height regulations contained in Section 21.28.030 ofthe C-2 zone. All industrial uses within a master plan shall conform to the building height regulations as contained in Section 21.34.070A{4) ofthe P-M zone. Office uses shall conform to Section 21.27.050 A3 (3) of the O zone. Section 21.38.070 through 21.38.120 21.38.070 Notices and hearings A. Notice of an application for a master plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21 ^54.061 of this title. 21.38.080 Decision-making authoritv A. An application for a master plan, mav. by ordinance, be approved, conditionally approved or denied by the citv council. 1. Before the citv council decision, the planning commission shall hear and consider the application for a master plan and shall prepare a recommendation and findings for the citv council, including ail matters set out in Section 21.38.090 of this chapter. The action of the planning commission shall be filed with the citv clerk, and a copy shall be mailed to the applicant. 2. The citv council shall hear the matter, and after considering the findings and recommendations ofthe planning commission, mav by ordinance approve or conditionally approve the master plan if, from the evidence presented at the hearing, all of the findings of fact in Section 21.38.090 of this chapter are found to exist. 3. The citv council mav make substantial modifications to the planning commission's recommendation on a proposed master plan, including modifications not previouslv considered by the planning commission. The citv council, in its discretion, mav refer said modifications back to the Planning Commission for recommendation. Afeas4A4tlwva4»a6lef^-plan'^ may-feeH^eserved-ler4otofe-i -amem^mefrt404+^e-fl^aster-plarv4o-i^ tt^diGate4-ar>d-"W4JI- development:- Page 51 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.38.080 Profiling procedure- Prior to filing an application for a master plan, an applicant may prefile the proposal with the city planner for review. The city planner shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This procedure may involve a review ofthe general outiine ofthe proposal. After review, tho city planner shall furnish the applicant with written comments regarding the review conferences including recommendations as appropriate to inform and assist the applicant prior to tho applicant's formal application for master plan approval. The city planner shall submit written comments within twenty days after completion of review er within thirty days after receiving written request for such comment from the applicant. 21.38.090 City Planner's duties. Tho city planner shall set a master plan for hearing boforo the planning commission within sixty days of receipt of a complete application. Tho hearing date may bo extended beyond sixty days provided there is written concurrence from the applicant. The public hearing shall bo noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. A staff report containing rocommendations on the plan shall be prepared and furnished to the public, the applicant, and the planning commission priorto tho hearing. 21.38.100 Planning commission duties. Tho planning commission shall hear and consider tho application for a master plan and shall prepare rocommendations and findings for the city council including all matters set out in Section 21.38.110. Tho action ofthe commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 21.38.440090 Citv council aotionFindings of fact (a) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council, to be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. (b) The city council shall hear the matter, and after considering the findings and recommendations ofthe planning commission, may by ordinance approve a master plan if, from the evidence presented at the hearing, the council finds that all ofthe following facts exist: A. The city council shall net approve or conditionally approve a master plan unless all of the following facts exist: (1) . The proposed development as described by the master plan is consistent with the provisions of the general plan and any applicable specific plans. (2)^ All necessary public facilifies can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. (3)i The residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate te serve the Page 52 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) anticipated population and appear acceptable to the public authorities having jurisdiction thereof. (4)^ The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title. (5) . in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development. (6)^ The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. (7) . Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities ofthe types needed at such location proposed. (8)^ The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. (9) . Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project. (G) The city council shall make no substantive modification of a proposed master plan as recommended by tho planning commission unless and until such modification has been referred to the planning commission for additional study, report and rocommondation. Such additional study, report and rooommendation shall bo made by tho planning commission within forty days of the date of the referral, unless and except as the city council may grant the planning commission additional time for its review ofthe matter. Failure ofthe planning commission to act within tho time limit constitutes their concurrence with tho city council actions. 21.38.100 Effective date and appeals A. The decision of the city council is final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.38.110 Reserved. 21.38.120 Amendment of master plan A. An approved master plan may be amended pursuant to the following: 1. An application to amend a master plan shall be submitted in accordance with Section 21.38.050 of this chapter, or may be initiated by citv council motion. 2. Minor master plan amendments. Page 53 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. Master plan amendments, which are determined by the citv planner to be minor in nature, mav be approved, conditionally approved or denied by the planning commission at a public hearing noticed in accordance with Chapter 21.54 of this titie. 1. A minor amendment shall not change the densities or boundaries of the subiect property, or involve an addition of a new use or group of uses not shown on the original master plan, or the rearrangement of uses within the master plan. 3. Master plan amendments. a. Master plan amendments that are net minor in nature shall be processed in accordance with Section 21.54.125 of this titie. (a) The amendment of a master plan may bo initiated by the property owner or authorized agent as follows: (4) A request for an amendment shall be submitted to the city planner in written form and shall bo accompanied by such additional graphics, statements, or other information as may be required to support tho proposed amendment. The planning commission shall consider the proposed amendment at its next regular meeting. (2) Ifthe planning commission considers the amendment minor in nature, the additional graphics, statements or other information may be approved by the planning commission and made a part of the original city council approval without the necessity of a public hearing. (3) A minor amendment shall not change the densities, or the boundaries of the subject property or involve an addition of a new use or group of uses net shown on the original master plan or the rearrangement of uses within the master plan. Ifthe planning commission determines that the amendment is not minor er that a hearing is otherwise necessary, it shall set the matter for public hearing. (4) If public hearing is required, the applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification. (5) A foe in an amount established by city council resolution shall be paid when a master plan amendment application is filed. (§) An application for a modification of a master plan for which a hearing is required shall bo processed, heard, and determined in accordance with the terms of this chapter applicable to the adoption of a master plan. (fe) Tho city council may by motion initiate an amendment to a master plan. Such amendments shall be processed, heard and determined in accordance with the terms of this chapter applicable to the adoption of a master plan. Page 54 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.40 S-P SCENIC PRESERVATION OVERLAY ZONE List of Sections in Chapter 21.40 21.40.010 Intent and purpose 21.40.020 Application 21.40.030 Permitted uses and structures 21.40.040 Special use permit required 21.40.045 Scenic corridors 21.40.050 Exceptions 21.40.060 Permit application 21.40.070 RtiRO- Application and fees 21.40.070 Notices and hearings 21.40.080 Information te accompany permit applicatienDecision-making authority 21.40.085 Findings of fact and decision considerations 21.40.090 Transmittal to the planning cemmissionAnnouncement of decision and findings of fact 21.40.095 Effective date and appeals 21.40.100 Planning commission dotorminationExpiration. extensions and amendments 21.40.110 Development standards 21.40.115 Scenic corridor development guidelines 21.40.117 Contents of scenic corridor guidelines 21.40.120 Conditions 21.40.130 Announcements of findings and decision by resolution Reserved 21.40.135 Coastal zone restrictions 21.^0.1^0 Effective date of order and appeal of planning commission decision Section 21.40 040 through 21.40.100 21.40.040 Special use permit required Unless specifically exempted from the permit requirement pursuant to Section 21.40.050reguirements of this chapter, no building permit or other entitlement shall issuebe issued for any development or use permitted by Section 21.^0.030 nor shall any such use be ostablishod untilin the S-P zone unless there is a valid special use permit has boon issued pursuant te this chapterapproved for the property. 21.40.050 Exceptions The following uses are excepted from the special use permit requirements: (1) Development of one single-family dwelling unit on a parcel of record as of May 2, 1974at the time of adoption of this chapter; (2) Minor modification or alteration of existing structures or buildings which involves new land coverage of less than two hundred square feet and does not increase the height of the Page 55 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) existing structure; (3) The repair or reconstoiction of an existing nonconforming structure that is destroyed by fire or other disaster to no more than fifty percent ofthe structure's original value. 21.40.060 Permit applicationApplication and fees The city planner shall prescribe the form for special use permit applications and may proscribe the type of information to be submitted. No application shall bo aocoptod unless it complies with such requirements. The application after payment ofthe required fee shall be filed with the city planner. A. An application for a special use permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided bv the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by adeguate plans, a legal description of the property involved and all other materials as specified by the city planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 21.40.070 Filing feesNotices and hearings The filing fees for a special use permit shall be as the city council may by resolution establish. A. Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. 21.40.080 Decision-making authoritv A. Applications for a special use permit shall be acted upon in accordance with the following: 1. An application for a special use permit may be approved, conditionally approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 2. The planning commission shall hear the matter, and mav approve, conditionally approve, or deny the special use permit if all of the findings of fact in Section 21.40.085 of this title are found to exist. 21.40.080 Information to accompany permit application An application for a special uso permit shall bo accompanied by five copies of the following, except as otherwise specified: Page 56 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Plot plan ofthe property involved, showing proposed grading, 6tructuro(s) or use; (2) Legal description ofthe property involved; (5) Description of the proposed use of the property unless such can be sufficiently described on the application form; (4) Environmental impact assossment (ono copy only); (5) Environmental impact report (twenty copies), if required; and (©) Any other maps, plans, information and data that tho city planner may deem appropriate. 21.40.090 Transmittal to the planning commission The city planner shall transmit the application for a special use permit, together with recommendation thereon, to the planning commission whon all necessary reports and processing have been completed. When an application is relative to another discretionary permit, it may be considered by the planning commission concurrent with their consideration of the discretionary permit. The city planner shall notify the applicant ofthe date and place at which tho commission will consider the mattor at least seven days priorto such consideration. 21.40.400085 Planning commission dotorminationFindings of fact and decision considerations A. Findings of fact. 1. Tho planning commissionThe decision-making authority shall not issue a special use permit unless thev determineit is found that the permitj, a. The project is consistent with the purposes of this chapter and all other applicable reguirements of this code: b. The proiect is consistent with the general aftd-plan. local coastal program, and applicable master or specific plans, and that it; c. The proiect will not adversely affect the scenic, historical or cultural qualities ofthe property. B. Decision considerations. 1. In exorcising thoir discrotion inWhen making such detorminationsa decision on a special use permit, the oommissiondecision-making authoritv may impose specific development standards in accord with Section 21 .-10.1 lOaccordance with Section 21.40.110 and shall consider the following factors: (4)a. When the S-P scenic preservation overiay zone is applied to protect something worth looking at, i.e., a landmark, a civic center, a mountain or an area Page 57 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) bounding the main entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity. (2) b. When the S-P scenic preservation overiay zone is applied to an area from which there is an outstanding view, i.e., a scenic corridor, the development standards of the proposed use should deal with maintaining those views as much as possible. (3) c. Special consideration should be given to preserving the following: (A)i. Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief in the form of natural contrast to the city; . (S)ii. Open space areas which assist in defining neighborhood, district and city identity; (G)iiii Unique topographical features or natural rock outcroppings and other notable landmarks; (S)i\A Areas of significant historical value; (E)yi Prime vista sites; (F)yi. Scenic and historical corridors. 21.40.090 Announcement of decision and findings of fact When a decision on a special use permit is made pursuant to this chapter, the decision- making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 21.40-095 Effective date and appeals A. Decisions on special use permits shall become effective and may be appealed in accordance with the provisions of Section 21.54.150 of this title. 21.40-100 Expiration, extensions and amendments A. The expiration period for an approved special use permit shall be as specifled in Section 21.58.030 of this titie. B. The expiration period for an approved special use permit may be extended pursuant to Section 21.58.040 of this titie. C. An approved special use permit mav be amended pursuant to the provisions of Section 21.54.125 of this title. Page 58 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.40.130 and 21.40 140 21.40.130 Announcements of findings and decision bv resolutionReserved. Not more than twenty days following the termination of tho proceedings on a spocial use permit, the planning commission shall announce its findings and decision by formal resolution, and the resolution shall recite, among other things, the facts and reasons which, in the opinion ofthe planning commission, make the approval, conditional approval or denial ofthe special use permit necessary to carry out the provisions and general purpose of this chapter, and shall order that the special use permit be granted or denied, and if such resolution orders that the special use permit be granted, it shall also recite such conditions and limitations as the commission may impose. 21.40.140 Effective date of order and appeal of planning commission decision. The effective date of the planning commission's decision and method for appeal of such docision shall be governed by Soction 21.5-1.150 of this code. AMENDMENTS TO CHAPTER 21.41 SIGN ORDINANCE Liit olSections in Chapter 21.41 21.41.005 Purpose 21.41.010 Applicability 21.41.020 Definitions 21.41.025 General provisions 21.41.030 Prohibited signs 21.41.040 Signs on private property not requiring a sign permit 21.41.050 Application and permit procedures 21.41.060 Sign programs 21.41.070 General sign standards 21.41.080 Sign design standards 21.41.090 Coastal zone sign standards 21.41.095 Permitted permanent signs 21.41.100 Permitted temporary signs 21.41.110 Construction and maintenance 21.41.120 Removal of signs 21.41.125 Appeal of denial orpermit revocation or sign removal 21.41.130 Nonconforming signs 21.41.140 Remedies and penalties 21.41.150 Violations 21.41.160 Severability Page 59 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.41.050 and 21.41.060 21.41-050 Application and permit procedures A. Sign Permit Required. It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions of this section, unless the sign is exempt from the permit requirement under Section21.41.040. 1. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. 2. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properiy permitted sign. B. Application for Permit. Theand fees. An application for a sign permit sfeaUmay be made in writing on tho form provided by the planning department and shall bo accompanied feyowner of the propertv affected or the required foo. Such application shall sot forth and Gontaiftauthorized agent of the following informationowner. The application shall: 1. Be made in writing on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by adeguate plans and all other materials as specified by the city planner, including the following: 4 a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. 2 b. A site plan, including all dimensions, drawn to scale indicating the location ofthe sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. S c. The number, size, type and location of all existing signs on the same building, lot or premises. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. G4. Fees. All signs reguire aAt the time of filing the application, the applicant shall pay the sign permit fee-and plan checking fee (if applicable) that shall bo paidcontained in Page 60 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) aecordance with the most recent fee schedule establishedadopted by resolution of the city council. ^. Method of Review. C. Decision-making authority. An application for a sign permit mav be approved, conditionally approved or denied bv the city planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. 1. The decision-making authority shall act on the sign permit within fifteen days after receiving a complete sign permit application. 2. The decision-making authority shall approve or conditionally approve the sign permit if all of the findings of fact in subsection D of this section are found to exist. 3. If conditions are applied to the permit, thev shall be limited to reguiring compliance with this chapter. D. Findings of fact. The purpose of a sign permit is to ensure compliance with the provisions of this chapter and the relevant building and electrical codes. After receiving a eemplete sign application, tho community development director or designee shall render a decision to approve, approve with modificafions or deny such sign application within fifteen days; howovor, an approval with modifications shall be limited to requiring complianoo with this ehapter. The application shall bo approved and the permit issued whoneverthe proposed sign moots the following requiremontsThe application shall be approved and the permit issued if the decision-making authoritv finds: 1. The proposed sign conforms to all size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. 2. The proposed sign is consistent with any applicable sign program. 3. That theThe proposed sign conforms to the construction standards of the latest adopted building and electrical codes. E. Effective date and appeals. Decisions on sign permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this title.Rovocation or Cancellation of Permit. The community devolopmont diroctor or dosignoo shall revoko any issued permit upon refusal of tho holder thereof to comply with tho provisions ef^this chapter after written notice of noncompliance and fifteen days opportunity to cure. F. Expiration, extensions and amendments. 1: If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. 2. The expiration period for an approved sign permit mav be extended by the decision-making authoritv for one six month period provided that: a. The permit remains consistent with the standards and reguirements of Chapter 21.41 in place at the time the extension is considered. Page 61 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. Circumstances have not substantially changed since the permit or approval was originally granted. 3. An approved sign permit may be amended pursuant to the provisions of Section 21.54.125 of this title. 21.41-060 Sign programs A. Purpose. The purpose of a sign program is to integrate signs with building, site and landscaping design to form a unified architectural statement. Sign programs may not supersede the dimensional and number limits provided in Tables "A," "B" and "C" of Sections 21.41.040, 21.41.095 and 21.41.100, respectively. All sign programs must incorporate the substitution previsions of this chapter. Section 21.41.025(2). Sign program design standards do not apply to noncommercial messages and substitution of noncommercial messages is subject te owner's consent. B. Applicability. A sign permit for a sign program shall be required for: (1) master plans, (2) specific plans, (3) nonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and (4) planned industrial or office parks of greater than twenty-five acres in area. For those projects requiring a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. C. Application Reouiremonts. The sign permit and fees. An application for a sign program sfeatimav be made in writing on tho form provided by the planning departmentowner of the property affected or the authorized agent of the owner. The application shall-fee accompanied by the required fee. Such application shall contain tho following information: 1. Be made in writing on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans and all other materials as specified by the city planner, including the following: 4a. A copy of an approved development plan (master plan, specific plan or site development plan) drawn to scale showing the location of property lines, rights-of- way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points. 2b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property. 3c. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type. Page 62 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy. §e. The number, size, type and location of all existing signs on the same building, lot or premises. 4 At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. D. Decision-making authority. An application for a sign program mav be approved, conditionally approved or denied by the citv planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. 1. The decision-making authority shall act on the sign program within thirty days after receiving a complete application. 2. The decision-making authority shall approve or conditionally approve the sign program if all of the findings of Section 21.41.050.D of this title are found to exist. Method of Review. After receipt of a complete application for a sign program, tho community devolopmont director, or designee, shall render a docision te approve, approve with modifications er dony such sign program application within thirty days. The decision of the community dovolopmont director is final, but appealable pursuant to this chaptor. Nb sign application for a sign program shall be approved unless and until the requirements in subsection 21.^ 1.050(D) are satisfied. E. Existing Sign Programs. Existing sign programs approved prior to the effective date of this chapter are subject only to the substitution provision of this chapter; all other terms of the existing sign program shall continue in force. However, if any existing sign program is proposed for amendment to increase overall sign area, then the sign program must be amended to conform with all development and design standards of this chapter. F. Effective date and appeals. Decisions on sign programs shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this titie. G. Expiration and amendments. 1. An approved sign program shall not expire unless otherwise stated in the sign program or other document provided bv the decision-making authoritv. 2. An approved sign program may be amended pursuant to the provisions of Section 21.54.125 of this title. R Amendments. An amendment to a sign program shall be processed in tho same manner as an original application for a sign program. GH. Binding Effect. After approval of a sign program, all signs subject thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program. Page 63 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.41.120 and 21.41.125 21.41.120 RemovalPermit revocation and removal of signs A. Revocation of Permit. The city planner or designee shall revoke anv issued permit upon refusal of the holder thereof to comply with the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. AB. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and Nafional Electric Code standards, or installed er placed in the public right-of-way or on public property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so by the community devolopmont directorcitv planner without prior notice. Alternatively, the community development diroctorcity planner may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which te cure the nonconformance. BC. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge ofthe sign upon written notice by the community devolopment directorcitv planner. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the nofice. GD. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. OE. Within ten days of the mailing of the notice, the permittee, owner or person in charge of the sign may request a hearing before the community and economic development directorcitv planner to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice. EF. Upon receipt of a written request for a hearing, the community and economic dovolopmont directorcitv planner shall schedule a hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written request, unless the party responsible for the sign requests a later hearing date. The time for compliance with the original order shall be stayed during the pendency ofthe hearing. The community and economic development director will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days ofthe conclusion ofthe hearing; failure to give such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the original notice. FG. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the community and economic development director requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge ofthe sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay Page 64 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount ofthe debt. GH. Every person billed may request a hearing regarding the accuracy ofthe amount billed. Following the hearing, the community and economic development directorcitv planner shall, within ten days of the conclusion of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. 21.41.125 Appeal of denial orpermit revocation or sign removal A. Any person seeking to appeal a decision of the citv planner in revoking a sign permit or housing and neighborhood services director in ordering the removal of a sign, must file a written notice of appeal in accordance with the provisions of Section 21.54.140 of this title. A: Any person seeking to appeal a decision of the community and economic development director granting or denying an application for issuance of, er renewal of, a sign permit, revoking a permit or ordering the removal of a sign, must filo a written notice of appeal with the city planner no later than ten days after the date of the notice of tho decision. The notice shall state, with specificity, the factual and legal basis ofthe appeal. The city planner shall expeditiously schedule a hearing before the planning commission and notify the appellant, in writing, ofthe day, time and location ofthe hearing, which shall be held not later than thirty days after the notice of appeal is roceivod by the city. The time for compliance of any original order shall be stayed during tho pendency ofthe hearing before the planning commission. The planning commission shall hold a hearing and provide the appellant with a written decision within ton days ofthe conclusion ofthe hearing. Ifthe approval, denial, rovocation or removal order is affirmed on roview, the appellant may filo a written notice of appeal to tho city council with tho city dork no later than ten days after tho date of the notice of the decision. The city clerk shall then schedule a hearing before the city council, which shall be held within thirty days ofthe receipt of tho notice of appeal, and notify the appellant, in writing, of tho day, time, and location ofthe hearing; however, the hearing may bo hold later than thirty days upon the request or conourronce of the appellant. The time for compliance of any original order shall be stayed during the pendency of the hearing before the city council. The city council shall provide tho appellant with a written decision within ten days ofthe conclusion of the hearing. Any person dissatisfied with the city council's decision may seek prompt judicial review pursuant to California Code of Civil Procedure Soction 109-1.8. AMENDMENTS TO CHAPTER 21.42 MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS List of Sections in Chapter 21.42 21.42.010 Purpose 21.42.020 AuthoritvReserved 21.42.030 Findings of fact 21.42.040 Conditions which may be added prior to granting permit 21.42.050 Application and fees Page 65 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.42.060 Notices and hearings 21.42.070 Decision-making processauthoritv 21.42.080 Announcement of decision and findings and decisionof fact 21.42.090 Mailing of notice of decision Reserved 21.42.100 AppealsEffective date and appeals 21.42.110 Expiration-eerie^, extensions and amendments 21.42.120 Revocation 21.42.130 AmondmontReserved 21.42.140 Development standards and special regulations Section 21.42.020 21.42.020 AuthoritvReserved. The city planner or his designee may approve, conditionally approve or deny minor conditional use permits and the planning commission or city council may approve, conditionally approve or deny conditional uso permits, for uses in zones as prescribed in this titlo, upon making the findings of fact listed in Section 21.42.030 of this chapter. Section 21.42.030. A A. A minor conditional use permit or conditional use permit sfeaUmay be granted only if the following facts are found to exist in regard thereto: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; 4. That the street system serving the proposed use is adequate to properiy handle all traffic generated by the proposed use. Page 66 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.42.050 through 21.42.130 21.42.050 Application and fees A. Applicafion for a minor conditional use permit or conditional use permit may be made by the owner of the property affected or the authorized agent of the owner. The Aapplication shall-feei 1. Be made in writing on a form provided by the citv planner planning department. Tho application shall state^ 2. State fully the circumstances and conditions relied upon as grounds for the application; and sfeaW 3. Shall be accompanied by adequate plans, a legal description ofthe property involved and all other materials as specified by the city planner planning department. B. At the time of filing the application, the applicant shall pay a processingthe application fee contained in an amount as specifiedthe most recent fee schedule adopted by the city council-resolution.. 21.42.060 Notices and hearings A. Notice of an application for a minor conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. B. Notice of an application for a conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. A^ Upon the filing of an application for a minor conditional uso permit, the city planner shall givo written notico by mail or personal dolivory to the projoct applicant, tho owner of the subject real property or the owner's duly authorized agent and te all property owners as shewn on tho latest equalized assessment roll within three hundred feet ofthe subject property at loast fiftoon days prior to a docision on the application. B-. Upon the filing of an application for a conditional use permit, the planning commission or city council shall give public notico, as provided in Section 21.5-1.060(1) of this title of the intention to consider at a public hearing the granting of a conditional use permit. 21.42.070 Decision-making processauthoritv A. Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with one of throe decision processes identified below. As required by Chapter 21.208 of this titie, commercial/visitor serving uses located within tho commercial/visitor serving overiay zone shall be decided by process threo. the following. Please refer to the use regulation table in each zone to determine whether the conditional use permit is decided bv process one, two or three. 1. Process One—Minor Conditional Use Permit. Page 67 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a-. To determino whether the conditional use permit is decided by process ono, please refer to the use regulation table in each zone. fe^ Any person so notified in accordance with Section 21.-12.060(A) above may file written objections or a written request to be heard within ten days after the mailing er personal delivery ofthe notice. If a written request to be heard is filed, the city planner shall schedule an informal hearing and provide written notice to the applicant and tho requestor at loast five days prior to tho hearing. The hearing is not a formal public hearing. ea. An application for a miner conditional use permit may be approved, conditionally approved or denied by the city planner based upon his/her review ofthe facts as set forth in the application and review^, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. 4h. The city planner may approve or conditionally approve the minor conditional use permit if all of the findings of fact in Section 21.42.030 of this chaptertitle are found to exist. 2. Process Two. a. An application for a conditional use permit subiect to process two may be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. To determino whether the conditional use permit is dooidod by process two, please refer to the use regulation table in each zone. fe^ An application for certain conditional use permits may be approved, conditionally approved or denied by the planning commission at a public hearing noticed in accordance with Sections 21.54.060 through 21.54.062 of this titie. eb. The planning commission shall hear the matter, and may approve or conditionally approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of fact in Section 21.42.030 of this chaptertitle are found to exist. 3. Process Three. a. An application for a conditional use permit subject to process three may be approved, conditionally approved or denied bv the citv council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. a-. To determine whether the conditional use permit is decided by process three, please refer to the use regulation table in each zone. fe^ An application for certain conditional use permits may bo approved, conditionally approved or denied by the city council at a public hearing noticed in accordanco with Sections 21.5^.060 through 21.5^.062 of this titie. Page 68 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) eb. Before the city council decision, the planning commission shall hear and consider the application for athe conditional use permit and shall prepare a recommendation and findings for the city council including all matters set out in Section 21.42.030 of this chapter... The action of the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 4-. Whon the planning commission action is filod with tho city clerk, the clerk shall set the matter for public hearing before the city council, to be noticed and held in accordance with the provisions of Chapter 21.54 of this title. ec. The city council shall hear the matter, and after considering the findings and recommendations ofthe planning commission, may approve or conditionally approve the conditional use permit if, from the evidence presented at the hearing, all of the findings of fact in Section 21.42.030 of this chaptertitle are found to exist. 21.42.080 Announcement of findings and decision and findings of fact A. When a decision on a minor conditional use permit or conditional use permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. A: Not mere than twenty days following the termination of the proceedings for a minor conditional uso permit or a public hearing for a conditional use permit, the city planner shall announce his/her findings by letter and the planning commission or city council shall announce its findings by formal resolution. The letter or resolution shall recite, among other things: The facts and reasons which, in tho opinion of tho city planner, planning commission or city council, make the granting or denial of the minor conditional use permit er conditional use permit necessary to carry out the provisions and general purpose of this title; That the minor conditional use permit or conditional use permit be granted or denied; 3. If the letter or resolution orders that the minor conditional use permit or conditional use permit, bo granted, it shall also rocito such conditions and limitations as the city planner, planning commission or city council may impose. 21.42.090 Mailing of notice of decision Reserved A^ Not later than seven days following the announcement of a decision ordering that a minor conditional use permit or conditional use permit be granted or denied, a copy ofthe letter or rosolution shall be mailed to tho applicant at tho address shown on the application filed with the planning diroctor, planning commission or city council. 21.42.100 AppealsEffective date and appeals A. In the case ofPecisions of the citv planner on minor conditional use permitsrtfeo action of the planning director shall become effective and may be appealed to the planning Page 69 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) commission in accordance with the provisions of Section 21.54.140 of this titie. The planning commission's action to approve, conditionally approve or deny is final. B. IftDecisiens of the case ofplanning commission on conditional use permitS74fee acfion ofthe planning commission shall become effective and may be appealed te the city council in accordance with the provisions of Section 21.54.150. The city council's action to approve, conditionally approve or deny is final of this title. C. Decisions of the city council on conditional use permits are final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.42.110 Expiration-oefie^. extensions and amendments^ A. Expiration of Permit if Not Exercised. AnvThe expiration period for an approved minor conditional use permit or conditional use permit booomos null and void if not oxorcisod within eighteen monthsshall be as specified in Secfion 21.58.030 of the date of approvalthis title. B. Extension of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit mav be extended pursuant to Section 21.58.040 of this titie. The planning director/planning commission/city council may extend the time within which the right or privilege granted under a minor conditional use permit or conditional use permit must be exercised for ono additional year upon receipt of a written request from tho applicant prior to the expiration of such minor conditional use permit or conditional use permit. In granting such extension the planning dirootor/planning commission/city council shall make a written finding that neighborhood conditions have not substantially changed since the granting of such minor conditional use permit er conditional use permit. C. Expiration of Permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the city planner/planning commission/city council may designate in the approval ofthe minor conditional use permit or conditional use permit. D. All existing conditional use permits approved prior to the effective date of the amended ordinance codified in this chapter February 21, 2006, which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the city planner in perpetuity without the requirement to extend the conditional use permit. E. An approved minor conditional use permit or conditional use permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. 21.42.120 Revocation A. The city planner/planning commission/city council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the city planner shall hold an informaladministrative hearing after giving notice fevpursuant to the same procedure as for considorationprovisions of a minor conditional use perm it. Sections 21.54.060. B and 21.54.061 of this title. Page 70 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. To consider the revocation of a conditional use permit, the planning commission/city council shall hold a public hearing after giving notice by the same procedure as for consideration of a conditional use permit reguest. pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. D. The city planner/planning commission/city council may revoke and terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new conditions. E. The action Revocation actions of the city planner/planning commission isare appealable by tho samo procedure as for tho minor conditional use permit or conditional uso eemitpursuant to Sections 21.54.140 and 21.54.150 of this titie. F. A minor conditional use permit or conditional use permit may be revoked or conditions modified er added on any one or more ofthe following grounds: 1. That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation; 2. That the use for which such approval is granted is not being exercised; 3. That the minor conditional use permit or conditional use permit is being or recently has been exercised contrary to any of the terms er conditions of approval; 4. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; 5. That the use is in violation of any statute, ordinance, law or regulation; 6. That the use permitted by the minor conditional use permit or conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. 21.42.130 AmendmentReserved Any approved minor conditional use permit or conditional uso permit may be amended by following tho same procedure as for approval of a minor conditional uso permit er conditional use permit and upon payment ofthe application fee contained in the most recent fee schedule adopted by tho city council. Section 21.42.140.B.95.vi vi. Such facilities shall also require a planned industrial permitminor site development plan pursuant to Chapter 21.34 of this titie Page 71 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.44 PARKING Section 21.44.050 Table B The rows for "Paridng areas for commercial or office/professional uses in R-3, R-P and R-T zones" in Table B are amended as follows: Subject Requirement Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until reviewed by the city planner planning commission and its location approved. Such approval may be conditioned upon the commission's city planner reguiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones The parking lot shall be no farther than 50 feet when measured from it's closest boundary to the commercial or office/professional establishment to which it is accessory. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones Such parking lot shall be used solely for the parking of private passenger vehicles. Page 72 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.44.060 Table E The rows for "Recreational vehicles, boats, and trailers" in Table E are amended as follows: Type of Vehicle Where Vehicles Can Be Parked Recreational vehicles, boats, and trailers One-family dwellings on individual lots In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard Subiect to citv planner approval, oOpen parking in the required front yard is permitted if the parking area does not exceed the maximum paved area permitted for passenger vehicles, and the planning director determines, after giving tho same notice as provided for administrative variances in Section 21.51.0^0 of this code, that access to the side or rear yard cannot be provided. In making this determination, the city planner shall give notice pursuant to 21.54.060.B and shall consider: 1. Whether parking in, or access to, the side cr rear yard would require structural alteration to the existing residence, or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side cr rear yard; 2. Whether parking in or access to the side or rear yard would require extensive grading; 3. Whether, because of the configuration of the lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational vehicle in the front yard would interfere with visibility to or from any street; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic cn the street or sidewalk, or would encroach into the street and utility right-of-way. Any person objecting tc a decision made pursuant this subsection may request in writing within ten days of the determination by the planning director.mavfile an obiection tc the decision or request an administrative hearing with the city planner pursuant to Section 21.54.060.B. Tho planning director shall apply the criteria of this section in making his determination. The decision of the citv planner director shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this title. shall be final unless the director's decision is appealed to the planning commission. The effective date of the planning director's decision and method of appeal of such decision shall be governed by Soction 21.5-1.1^0 of this code. Note: A corner lot is deemed to have reasonable access tc the rear yard. Notwithstanding the above, during the construction of a permanent one- family dwelling on a lot, the owner of the lot may live in a recreational vehicle upon said lot during constmction of said dwelling for a period not to exceed 6 months. The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). If the provisions cf any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply. Page 73 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.45 PLANNED DEVELOPMENTS List of Sections in Chapter 21.45 21.45.010 Intent and purpose 21.45.020 Applicability 21.45.030 Definitions 21.45.040 Permitted zones and uses 21.45.050 Application and permit 21.45.060 General development standards 21.45.070 Development standards for one-family dwellings and twin-homes on small lots 21.45.080 Development standards for condominium projects 21.45.090 Residential additions and accessory uses 21.45.100 Amendments to permits 21.45.110 Conversion of existing buildings to planned developments 21.45.120 Expiration, extension and revisions Reserved 21.45.130 Proposed common ownership land or improvements 21.45.140 Maintenance 21.45.150 Failure to maintain 21.45.160 Model homes 21.45.170 Restriction on reapplication for planned development permit Section 21.45.050 21.45.050 Application and permit A. Application and fee. 4: Tho application for a planned devolopmont permit shall be made in writing on the form provided by the planning department, and shall be accompanied by tho required fee in an amount specified by city council resolution. 2r. Tho application shall include plans (i.e. sito plan, building elevations, floor plans, landscape plans, etc.) as required by the city's submittal requirements, which demonstrate compliance with all development standards and design requirements contained in this chapter. 1. An application for a planned development permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided by the city planner: b. State fully the circumstances and conditions relied upon as grounds for the application: and c. Be accompanied by adeguate plans, a legal description of the propertv involved and all other materials as specified by the city planner. Page 74 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ad. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement. fee. A planned development permit application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the condominium subdivision. Sf. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums). 2. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. B. Processing Procedures. 1. Table B, Processing Procedures, identifies required procedures for Minor (four or fewer dwelling units) and Major (five or more dwelling units) Planned Development permits. TABLE B PROCESSING PROCEDUR ES Topic Minor Planned Development Permit Major Planned Development Permit Decision-Making Body or OfficialAuthoritv Planning Commission (PC) Up to 50 OU Decision-Making Body or OfficialAuthoritv City planner City Council (upon PC recommendation) than50 OU Map Required Minor Subdivision Map (See Title 20, Chapter 20.24) Major Subdivision Map (See Titie 20, Chapter 20.12) Required Findings See Section 21.45.050(.C) See Section 21.45.050(^0) Public Notice ReauiredNotices and Hearings See Title 20, Chiapter 20.2^. Section 20.2-1.11521.54, Sections 21.54.060.B and 21.54.061 See Chapter 21.54. SectionSections 21.54.060.mA and 21.54.061 Public Hearing Required Ne Yce AppealsAnnouncement of Decision and Findinqs of Fact See Chapter 21.54, Section 21.54.440120 See Chapter 21.54, Section 21.54.450120 Effective Date and Appeals See Chapter 21.54, Section 21.54.140 See Chapter 21.54. Section 21.54.150 Expiration and Extensions See Chapter 21.58. Sections 21.58.030 and 21.58.040 See Chapter 21.58, Sections 21.58.030 and 21.58.040 Amendments See Section 21.45.100 See Section 21.45.100 Page 75 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. Reguired Findings of fact. 1. The planning director, planning commission or citv councilThe decision- making authority shall approve or conditionally approve a planned development permit only if the following findings are made: a. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of this code. b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. general welfare; layout: c. The project will not adversely affect the public health, safety, or d. The project's design, including architecture, streets, and site i. Contributes to the community's overall aesthetic quality; ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and iii. Achieves continuity among all elements of the project. D. Modifications to Development Standards. 1. The decision-making body with the authority to approve a planned development permit may approve a modification to the development standards specified in this chapter if all ofthe following findings are made in writing: a. The proposed planned development designed with the modified development standard(s) is consistent with the purpose and intent of this chapter; and b. The proposed modificafion(s) will result in the preservation of natural habitat as required by the Carisbad Habitat Management Plan (HMP); and c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and e. If the project is located within the coastal zone, the modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources. Page 76 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that cleariy demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP. 3. The decision-making body with the authority to approve a planned development permit may modify the plan, or impose such conditions or requirements that are more restricfive than the development standards specified in this chapter, the underiying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other adopted policies, goals or objectives of the city. Section 21.45.100 21.45.100 Amendments to permits A. An approved planned development permit may be amended pursuant to the provisions of Section 21.54.125 of this title, except that proiect revisions specified in subsection B of this section shall not reguire an amendment. A Amendments to a permit may be initiated by tho property owner or an authorized agent, or by motion ofthe city council. B. Mmof-Amendment exceptions. 1. A project revision mavshall not be considorod and approved as a miftepreguired to obtain an amendment oftMo an existing planned development permit if all of the following findings are made: a. The proposed revision does not increase the density (i.e., the addition of units); b. The proposed revision does not decrease the density by more than ten percent and provided the density is not decreased below the minimum density of the underlying residential land use designation ofthe General Plan; c. The proposed revision does not change the boundary of the subject property; d. The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g., adding a commercial use to a residential project, replacing single-family units with attached residential units, vice versa for each example, etc); e. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units); Page 77 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) f. The proposed revision does not create changes of greater than ten percent, provided that compliance will be maintained with the applicable development standards of this code as follows: i. Per individual lot or structure basis: Building floor area, coverage or height (except that height reductions of more than ten percent are permitted); ii. On an aggregate project basis: Parking, open space, recreation or landscaping areas; g. The proposed revision is architecturally compatible with existing structures within the development. Or. Application Process. a-. Tho application for a minor amendment shall be made in writing on tho form provided by the planning department and shall be accompanied by the required fee. fe: The application shall include amended exhibits, graphics, statements or othor information as may be required to explain and justify tho roquost; ^•. Notice. If tho planning director considers tho amendment minor in nature the planning director shall give written notice by mail or personal delivery to all property owners within ono hundred feet of tho subject property, as shown on the latest equalized assossmont role, at loast fifteen days prior to a decision on an application; A-. Effective date of order. a: The effective date of the planning director's decision and method for appeal of such decision shall be governed by Section 21.5^.1-10 of this code; Q-. Major Amendment. 4r Any other revision to a project that does not moot the criteria for a minor amendment, as described in subsection "B.I of this section, shall be considered a major amondmont. Or. An application for a major amendment of a planned dovolopmont permit shall bo prooossod, heard and determined in the samo manner as an application for a planned devolopmont permit. ^. When necessary, the amendment shall be accompanied by an amondmont to the corresponding parcel map or tentative map. Page 78 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.45.120 21.45.120 Expiration, extensions and revisionsReserved. A^ The expiration, extension or revision of a planned dovolopment of four or less lots or unite shall bo govorned by tho provision of Soction 20.21.160, 20.2-1.180 and 20.2-1.080 of this code. & The expiration, extension or revision of a planned dovolopment of flvo or more lots or units shall be govornod by tho provisions of Sections 20.12.100, 20.12.110 and 20.12.120 of this code. AMENDMENTS TO CHAPTER 21.46 YARDS List of Sections in Chapter 21.46 21.46.010 Height of buildings on through lots 21.46.020 Allowed protrusions above height limits 21.46.030 Regulations 21.46.040 Modification of side yard requirement on combined lots 21.46.050 When more than one main building exists 21.46.060 Commission may establish formulaFormula for yard requirements 21.46.070 Modification of required front yards 21.46.080 Property abutting half-streets 21.46.090 Measurement of front yards 21.46.100 Vision clearance, corner and reversed corner lots 21.46.110 Dwellings and apartments above stores 21.46.120 Permitted intrusions into required yards 21.46.130 Walls, fences or hedges 21.46.140 Trees, shrubs and flowers 21.46.150 Multiple or row dwellings fronting upon a side yard 21.46.160 Multiple or row dwellings rearing upon a side yard 21.46.170 One building on a lot or building site 21.46.180 Through lots 21.46.190 Lot area not to be reduced 21.46.200 Greater lot area than prescribed Section 21.45.060 21.46-060 Commission mav establish formula for modifying Formula for yard requirements The planning commissioncity planner may, by resolution, adopt a formula or establish standard practices by which to determine afl-appropriate and practical modification of required Page 79 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) yards in all residential zones where geometric shape and dimensions and topography are such as to make the literal application of suefe-required yards impractical. After the adoption of such formula or standard practices, they shall be applied as an administrative act. Section 21.45.120 21.46.120 Permitted intrusions into required yards The following intrusions may project into any required yards, but in no case shall such intrusions extend more than two feet into such required yards: (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; (2) Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part; (3) Stairways, balconies and fire escapes; (4) Uncovered porches and platforms which do not extend above the floor level of the first fioor; provided, that they may extend six feet into the front yard; (5) Planting boxes or masonry planters not exceeding forty-two inches in height; (6) Guard railings for safety protection around ramps. (7) Upon approval of a minor variance by tho planning director, tho following intrusions may project to the property lines of side or rear yards immediately adjacent to permanent open space areas: (A) Unonolosed balconies, patios and docks which extend above the existing ground level. In making the dotormination, tho planning diroctor shall follow tho minor variance procedures as set forth in Chaptor 21.50 oxcopt that tho findings stated in Section 21.50.050(A)(1) and (2) nood not bo made. The planning director shall find that approval of the minor variance will not eauso any adverse physical or visual impacts on adjacent propertios. Page 80 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS List of Sections in Chapter 21.47 21.47.010 Intent and purpose 21.47.020 Nonresidential planned development permit 21.47.030 Permitted uses 21.47.040 Application and fee 21.47.050 Transmittal to the planning commissionNotices and hearings 21.47.060 Planning commission actionDecision-making authority 21.47.070 City Council AotionFindings of fact 21.47.074 Public hearings 21.-17.072 Required findings 21.47.073 Effective date of order—AooeatAnnouncement of planning commission decision and findings of fact 21.47.075 Effective date of order—Appeal of planning diroctor decisionand appeals 21.47.080 Development standards 21.47.090 Conversion of existing buildings to nonresidential planned developments 21.47.100 Expiration, extension, revisionsextensions. and amendments 21.47.110 Approval of projects of four units or less bv planning directorReserved 21.47.120 ReservedCancellation of a nonresidential planned dovolopmont pormit 21.47.130 AmendmentsReserved 21.47.140 Final map 21.47.150 Certification of occupancy 21.47.160 Maintenance Section 21.47.020 21.47.020 Nonresidential planned development permit A nonresidential planned development permit is reguired for the development of nonresidential condominiums, condominium conversions or stock cooperatives in any industrial, commercial or office zone, or combination zones subject to the reguirements thereof except as they mav be modified in accord with this chapter. The city council, planning commission or planning director, as provided in this chapter, may approve a permit for a nonresidential planned dovolopment in any industrial, commercial or office zone, or combination of zones subject to tho requirements thereof except as they may bo modified in accord with this chapter. Tho application for a nonresidential planned development shall state whether tho applicant intends to develop the project as a planned unit development, condominium project or stock cooporative project. For purposes of this chapter, a planned unit development is defined by Section 11003 ofthe Business and Professions Code ofthe state and a condominium project is defined by Section 1351 of the Civil Codecivil code of the state. Page 81 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.47.020 through 21.47.075 21.47.040 Application and fee Application for a permit for a planned development shall be made in accordance with the procedures set forth in this soction: (4)A. An application for a_nonresidential planned development permit may be made by the record owner or owners of the property affected or the authorized agent of the owner-op ewnors. The application shall be filed with : 1 • Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon forms providod by him. The as grounds for the application shall stato fully the reasons a nenresidontial planned development is a proper method; 3. State whether the applicant intends to develop the property and shall feeproject as a planned unit development, condominium proiect or stock cooperative proiect: and 4. Be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property involved and all other materials arid informationas specified by the city planner^-. (2) At tho timo of filing the application, the applicant shall pay a processing fee in an amount specified by city council resolution; (3) 5. The application shall beBe accompanied by a tentative map which shall be filed with the planning directoror tentative parcel map, as applicable, in accordance with procedures sot forth in ChapterTitie 20T43 of this code. If tho projoct contains four or less lots or units, the application shall bo aocompaniod by a tentativo parcel map which shall be filed with tho city engineer in accordance with procedures set forth in Chapter 20.2-1 of this code; i (4) 6^ If the applicant contemplates the construction of a nonresidential planned development in phases, the application shall so state and shall include a proposed phasing schedule; (5) 7. If the applicant proposes to convert existing buildings to a nonresidential planned development, the plans shall reflect the existing buildings and show all proposed changes and additions. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 21-47.050 Notices and hearings A. Notice of an application for a nonresidential planned development permit for less than five (5) units or lots shall be given pursuant to the provisions of Section 21.54.060.B and 21.54.061. Page 82 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. Notice of an application for a nonresidential planned development permit for five (5) or more units or lots shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.47.060 Decision-making authoritv A. Applications for nonresidential planned development permits shall be acted upon in accordance with the following: 1. Nonresidential planned development permit for less than five (5) units or lots. a. An application for a nonresidential planned development permit for less than five (5) units or lots mav be approved, conditionally approved or denied bv the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. b. The citv planner may approve or conditionally approve the nonresidential planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are found to exist. 2. Nonresidential planned development permit for five (5) or more units or lots. a. An application for a nonresidential planned development permit for five (5) or more units or lots may be approved, conditionally approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. b. The planning commission shall hear the matter, and mav approve er conditionally approve the nonresidential planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are found to exist. 21.47-050 Transmittal to the planning commission Tho planning director shall transmit the application for a nonresidential planned devolopmont, togothor with his recommendation thereon, to the planning commission for public hearing when all necessary reports and processing have been completed. An application may be considered by the planning commission concurrent with their consideration of any rolatod discretionary permit. 21.47.060 Planning commission action Tho planning commission shall hold a public hearing on all nonresidential planned development permits. For all nonresidential planned development permits with fifty or fewer units or lots, the planning commission shall approve, conditionally approve or disapprove the pormit. For all nonresidential planned dovolopmont permits with more than fifty units or lots, tho planning commission shall prepare a report and recommendation for the city council. Tho roport shall include findings and recommendations en the matters set out in this chaptor and Page 83 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall bo forwarded to the city clerk who shall sot the matter for public hearing before tho city council. 21-47.070 City council action The city council shall hold a public hearing on a nonresidential planned development permit for which the planning commission has filed a report with the city clerk. At the public hearing, the city council ohall review the planning commission's roport, shall consider tho matter and shall approve, conditionally approve or disapprove tho permit. 21-47.071 Public hearings- Whenever a public hearing is required by this chapter, notice of tho hearing shall bo given as providod in Soction 21.5-1.060(1) of this code. When the hearing on nonresidential planned dovolopmont pormit is consolidatod with tho hearing on a tontativo map under the provisions of Section 21.'17.050, notice shall satisfy the requirements of both this chapter and Titlo 20 of this code. 21.47.072070 Required findingsFindings of fact. (a)A. The planning commission or citv councilThe decision-making authority shall approve or conditionally approve a nonresidential planned development permit only if it finds that all of the following facts exist: (1)i The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies; (2)i The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community; (3)i Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; (4).; The proposed nonresidential planned development meets all ofthe minimum development standards of the underiying zone, except for lot area; (5)i In granting a nonresidential planned development permit, the city council, planning commission or planning directordecision-making authority may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. 21.47.073 Effective date of order—appeal of planning commission docision Announcement of decision and findings of fact A. When a decision on a nonresidential planned development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. Page 84 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) The effective date ofthe planning commission's decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. 21.47.075 Effective date and appealsof order—Appeal of planning diroctor decision A. Decisions made bv the city planner pursuant to this chapter shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this titie. B. Decisions made by the planning commission pursuant to this chapter shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 of this titie. The effective date ofthe planning director's decision and method for appeal of such decision shall bo govornod by Soction 21.54.140 of this codo. Section 21.47 100 through 21.47.130 21.47.100 Expiration, extensions, revisions and amendments A. The expiration period for an approved nonresidential planned development permit shall be as specified in Section 21.58.030 of this titie. B. The expiration period for an approved nonresidential planned development permit may be extended pursuant to the provisions of Section 21.58.040 of this title. C. An approved nonresidential planned development permit may be amended pursuant to the provisions of Section 21.54.125 of this titie. Tho expiration, extension or revision of a nonresidential planned development of five or moro lots or units shall bo govorned by the provisions of Section 20.12.100, 20.12.110 and 20.12.120 of this code regarding the expiration, extension or revision of a tentative map. The expiration, extension or revision of a nonresidential planned development of four or less lots or units shall be governed by the provisions of Sections 20.24.160, 20.2-1.180 and 20.2-1.080 of this code. 21.47.110 Approval of proiects of four units or less by planning directorReserved (a) All nonresidential planned developments with four or loss units shall bo approved in accordanco with tho provisions of this section. (fe)-—A site plan and elevations for such projects which include all design criteria and development standards as contained in this chapter shall be submitted to the planning director who may approve, conditionally approve or disapprove the permit. The planning director shall approve or conditionally approve a permit if he makes all of the findings specified in Section 21.-17.072. Tho planning director's decision may be appealed in accordance with the procedures of Soction 21.-17.075 of this chapter. Page 85 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (e) An application for a site plan shall bo accompanied by an application for a minor subdivision which shall be processed in accordance with the procedures of Chapter 20.24 ofthe code. Approval of both sito plan and a minor subdivision is required in ordor to prooood with development of a nonresidential planned development of four or loss units. 21.47.120 ReservedCancellation of a nonresidential planned devolopment permit A nonresidential planned devolopment permit may be cancollod at anytime priorto the commencement of construction. Cancellation may be initiated by tho owner ofthe property ooverod by the pormit by means of a written communication, signed by all interested parties, directed to the planning director in the office ofthe planning department. Said correspondence shall also include a roquost to cancel tho tontativo map affecting tho property. The planning director shall inform the city council of all such communications. Tho pormit shall boconie void one hundred twenty days after receipt of the communication by tho planning department. 21-47.130 AmendmentsReserved (a) Amendments to a nonresidential planned development pormit may bo initiated by the property owner or authorized agent as follows: (4^ A request for an amendment shall be submitted to the planning department in written form and shall bo accompanied by such additional graphics, statements, or other information as may be required to supiaort tho proposed amondmont. Whon nocossary the amendment shall bo accompanied by an amendment to the corresponding tentativo map or tentative parcel map; (2) If the planning commission considors the amendment minor in nature, tho additional graphics, statement or other information may be approved by tho planning commission resolution and mado part of the original city council approval without tho necessity of a noticed public hearing pursuant to Section 21.54.060; (S) A minor amondmont shall not change the intensity or the boundaries of tho subject property, or involve an addition of a new uso or group of uses not shown on the original pormit or tho rearrangement of uses within the development. If tho planning commission determines that the amendment is not minor or that a hearing is otherwise necessary, it shall set the matter for public hearing; -(4) If a public hearing is required, tho applicant shall submit a completed application with graphics, statements, or other information as may be required to support the proposed modification; (§) A foe as specified by city council resolution is required for all property within tho portion ofthe nonresidential planned development to be amended; (©) An application for an amendment of a nonresidential planned development permit for which a hearing is required shall be processed, hoard and determined in accordanco with the provisions of this chapter applicable to the adoption of a nonresidential planned devolopmont pormit; Page 86 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (fe) The city council may by motion initiate an amendment to a nonresidential planned development pormit. Such amendment shall be processed, heard and determined in accordance with the terms of this chaptor applicable to the adoption of a nonresidential planned development permit AMENDMENTS TO CHAPTER 21.48 NONCONFORMING LOTS, STRUCTURES AND USES Section 21.48.050.C.1 C. Expansion. 1. A nonconforming residential structure and/or a nonconforming residential use may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(S)^. Section 21.48.050.D.1 and E.1 D. Replacement in the Event of a Disaster. 1. A nonconforming residential structure and/or nonconforming residential use that is destroyed by flre, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years of the date of the disaster and the city planner approves the findings of fact pursuant to Section 21.48.080(S)JD. The city planner may grant an extension to the above two-year application submittal limit upon demonstration of good cause by the applicant. E. Voluntary Demolition and Subsequent Replacement. 1. A nonconforming residential structure and/or nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject te issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(B)^ prior to the date of the demolition. Section 21.48.060.C.1 C. Expansion. 1. A nonconforming non-residential structure may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(S)^. Page 87 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.48.060.D.1 and E.1 D. Replacement in the Event of a Disaster. 1. A nonconforming non-residential structure that is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years of the date of the disaster and the city planner approves the findings of fact pursuant to Section 21.48.080(B)JD. E. Voluntary Demolition and Subsequent Replacement 1. A nonconforming non-residential structure that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(8)^ prior to the date of the demolition. Section 21.48,080 21.48.080 Nonconforming construction permit A Authority. The planning director or his designee may approve, conditionally approve or deny a nonconforming construction pormit as prescribed in this chaptor, upon making the findings of fact listed in Section 21.48.080(B) of this chapter. A. Application and fees. 1. An application for a nonconforming construction permit may be made bv the owner ofthe propertv affected or the authorized agent ofthe owner. The application shall: a. Be made in writing on a form provided by the city planner: b. State fully the circumstances and conditions relied upon as grounds for the application: and c. Be accompanied bv adeguate plans, a legal description of the property involved and all other materials as specified by the city planner. 2. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. B. Notices and hearings. Page 88 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Notice of an application for a nonconforming construction permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. C. Decision-Making Authority. 1. An application for a nonconforming construction permit mav be approved, conditionally approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.Q60.B.2ofthis titie. 2. The city planner may approve or conditionally approve the nonconforming construction permit if all of the findings of fact in Section 21.48.080.D of this title are found to exist. SD. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts are found to exist in regard thereto: a. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property. b. The area of expansion shall comply with all current requirements and development standards ofthe zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter. c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18. d. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located. E. Announcement of decision and findings of fact. 1 • When a decision on a nonconforming construction permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. F. Effective date and appeals. 1. The city planner's decision on nonconforming construction permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this titie. G. Application and Foos. Page 89 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Application for a nonconforming construction permit may be made by the owner ofthe property affected or the authorized agent ofthe owner. Application shall be made in writing on a form provided by the planning department. Tho application shall state fully the circumstances and conditions rolled upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning department. 3r. At the timo of filing tho application, the applicant shall pay a processing fee in an amount as specified by city council resolution. Q-. Notices. A-. Upon the filing of an application for a nonconforming construction permit, the planning director shall give written notice by mail er personal delivery to the project applicant, the owner of the subject roal property or the owner's duly authorized agont and to all property owners as shown on the latest equalized assessment roll within three hundred feet of the subject property at least fifteen days prior to a decision on the application. fe Decision Making Process. A-. Applications for nonconforming construction permits shall be acted upon in accordance with the decision process identified below: a: Any person so notified in accordance with Section 21.-18.080(D) above may file written objections or a written request to bo heard within ten days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the planning director shall schedule an informal hearing and provide written notice to the applicant and the requestor at least five days prior to the hearing. The hearing is not a formal public hearing. fe^ An application for a nonconforming construction permit may be approved, conditionally approved or denied by the planning director based upon his/her review of the facts as set forth in tho application and roview of tho circumstances of the particular case, and the planning director may only approve, or conditionally approve, the nonconforming construction permit if all of the findings of fact in Section 21 8.080(B) of this chapter are found to exist. Announcement of Findings and Decision. Not more than twenty days following the termination of the proceedings for a nonconforming construction permit, the planning director shall announce his/her findings by letter. The letter shall recite, among other things: a; The facts and reasons which, in the opinion of the planning director, mako tho granting or denial of tho nonconforming construction pormit nocossary to carry out the provisions and gonoral purpose of this titie; fe, That the nonconforming construction permit be granted or denied; Cll IVJ J G-. If the letter orders that the nonconforming construction permit be Page 90 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) granted, it shall also recite such conditions and limitations as the planning director may impose. G-. Mailing of Notice of Docision. 4r Not later than seven days following the announcement of a decision ordering that a nonconforming construction permit be granted or denied, a copy of the letter shall be mailed to the applicant at the address shown on the application filed with the planning director. Appeals. 4^ In tho oaso of nonconforming construction permits, the action ofthe planning director may bo appealed te the planning commission in accordance with Section 21.5'1.1-10 of this titie. Tho planning commission's action to approve, conditionally approve or deny is final. tG. Expiration Period, extensions and amendments. 1. Expiration of Permit if Not Exercised. a. AtwThe expiration period for an approved nonconforming construction permit becomes null and void if not oxorcisod within twenty four monthsshall be as specified in Section 21.58.030 of tho date of approvalthis title. 2. Extension of Permit if Not Exercised. a-. Not more than ninety days or less than forty-five days prior to the expiration of a nonconforming construction pormit the permittoo may apply to tho planning director for an extension of the permit.—Tho planning director may extend the time, without public notice, within which the right or privilege granted under a nonconforming construction permit must be exercised for one additional year upon receipt of a written request from the applicant prior to tho expiration of such nonconforming construction permit. In granting such extension the planning director shall make a written finding that neighborhood conditions have not substantially changed since the granting of such nonconforming construction permit. a. The expiration period for an approved nonconforming construction permit mav be extended pursuant to Section 21.58.040 of this title. 43. Amendment. 4aT AfwAn approved nonconforming construction permit may be amended by following tho same procedure as for approval of a nonconforming construction pormit and upon payment ofthe application fee contained in the most rooont fee schodulo adopted bv the citv council.pursuant to the provisions of Section 21.54.125 of this title. Page 91 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.48.090 21.48.090 Abatement of nonconforming structures and uses. A. If a nonconforming use and/or structure is determined by the city planner to be adverse to the orderiy development of the city and/or to the public health, safety, or welfare of persons or property, the city planner shall schedule a public hearing before the planning commission to establish the conditions of abatement and the abatement period. The abatement period shall start from the date of the applicable resolution and shall be: 1. For all Residential Uses. a. Not less than one or more than five years. 2. For all Non-Residential Uses. a. Not less than one or more than ten years. 3. For all Nonconforming Structures. a. Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to Section 6.16.150 ofthe Carisbad Municipal Code. B. Public Hearing NoticeNotices and hearings. | 1. Notice of said public hearing shall be given as required by Section 21.54.060.A and 21.54.061 of this titie. | C. Public Hearing Evidence. 1. The planning commission shall consider at the public hearing, all pertinent data to enable it to arrive at an equitable abatement period which will protect the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, sufficient time to amortize their investment. © 2. The owner or lessee shall be allowed to present any evidence related to | the case. E 3. When setting the abatement period, the planning commission shall take | into consideration the type of construction, age, condition, and extent of nonconformity ofthe structure or use in question; any structural alterations or expansions; and/or the installation of major equipment designed into the structure prior to the date of nonconformity. PD. Hearing Decision. Page 92 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. After the close of the public hearing, the planning commission shall determine and establish by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement period is based. GE. Notice of Decision to Owner. 1. The secretary of the planning commission shall formally notify the owner ofthe property ofthe action ofthe planning commission by mailing a copy ofthe resolution, via certified return receipt mail, within ten days following the date of its adoption by the planning commission. HF. Apoeal Effective date and appeals. 1. The above action of the planning commission shall bo final unless an appeal to tho city council is filodbecome effective and may be appealed in accordance with the procedure provided inprovisions of Section 21.54.150 of this titie. IG. Recordation. 1. The secretary of the planning commission shall transmit a final signed copy ofthe resolution ofthe planning commission or city council, whichever is final, to the County Recorder of San Diego for recordation. AMENDMENTS TO CHAPTER 21.50 VARIANCES CHAPTER 21.50 CHAPTER 21.50 VARIANCES Sections: 21.50.010 Variance Granting authoritv^ 21.50.020 Purpose of varianoo. 21.50.030 Reguired findings for variances. 21.50.040 Variance notice and heameh 21.50.050 Announcement of findings and decision bv resolution. 21.50.060 Resolutions announcing findings and order to be numbered and kept-as pefmanent rocefdr 21.50.070 Mailing of notice of decision of planning commission. 21.50.080 Effective date of order Appeal of planning commission decision. 21.50.010 Intent and purpose 21.50.020 Application and fee 21.50.030 Notices and hearings 21.50.040 Decision-making authority 21.50.050 Findings of fact 21.50.060 Announcement of decision and findings of fact 21.50.070 Effective date and appeals 21.50.080 Expiration, extensions and amendments Page 93 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.50-010 Variance-Granting authorityintent and purpose A. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, the planning commission shall have authority, subject to the provisions of this titie. to grant upon such conditions as it may determine, sucha minor variance or variance from the provisions of this title as-may be in harmony with its general purpose and intentapproved or conditionally approved, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done. In the coastal zone, a variance shall not be allowed to diminish er othen/vise adversely affect the substantive requirements for protection of coastal rosourcos. 21.50.020 Purpose of varianoo. AB. The solo purpose of any minor variance or variance shall be to prevent discrimination, and no variance shall be grantedapproved or conditionally approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. 21.50.020 Application and fee A. An application for a minor variance or variance may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall: 1. Be made in writing on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by adequate plans, which allow for detailed review pursuant to this chapter and demonstrate compliance with the reguirements of this chapter, a legal description ofthe property involved and all other materials as specifled by the city planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 21.50.030 Notices and hearings A. Notice of an application for a minor variance shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. B. Notice of an application for a variance shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. 21.50.040 Decision-making authority A. Minor variances. Page 94 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. The city planner mav approve, conditionally approve or deny a minor variance for the following: a. Modifications of distance or area regulations, provided such modification does not exceed seventy-five percent of reguired front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; j.; Unenclosed balconies, patios and decks which extend above the existing ground level may be allowed to project to the property lines of side or rear yards immediately adjacent to permanent open space areas. b. Modifications of the minimum lot width regulations, provided such modificafion does not result in a lot width less than fifty feet: c. Walls or fences to exceed heights permitted by the zoning regulations: d. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area: e. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. 2. The city planner's decision shall be based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. 3. The city planner mav approve or conditionally approve a minor variance if all the findings of fact in Section 21.50.050 of this titie are found to exist. B. Variances. 1. The planning commission mav approve, conditionally approve or deny a variance that is not subiect to subsection A of this section. 2. The planning commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 3. The planning commission shall hear the matter and mav approve or conditionally approve the variance if all the findings of fact in Section 21.50.050 of this titie are found to exist. 21.50.03050 Required findings for variances. Findings of fact A Before any variance may be granted, it shall be shown: Page 95 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) A. No minor variance or variance shall be approved or conditionally approved unless the decision-making authority finds: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application ofthe zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. That the minor variance or variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; 3. That the minor variance or variance does not authorize a use or activity which is not othenwise expressly authorized by the zone regulation governing the subject property; 4. That the minor variance or variance is consistent with the general purpose and intent ofthe general plan, this titie and any applicable specific or master plans; 5. In addition, in the coastal zone, that the minor variance or variance is consistent with and implements the reguirements general purpose and intent of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the reguirements for protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan.. 21-50.040 Variance notice and hearing. A Upon the filing of an application for a variance by a property owner of record, or by a lessee with the consent of the owners which application sets forth fully the grounds for, and the facts doomed to justify tho granting of the variance, the planning commission shall give public notice, as providod in Soction 21.54.060(1) of this titie of the intention to consider at a public hearing the granting of a variance. 21.50-05060 Announcement of decision and findings and decision by resolutionof fact. A. When a decision on a minor variance er variance is made pursuant te this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. A Not more than twenty days following the termination of the proceedings of the public hearing on a variance, tho planning commission shall announce its findings by formal resolution, and the rosolution shall recite, among other things, the facts and reasons which, in the opinion ofthe planning commission, make tho granting or denial ofthe variance, nocossary to carry out the provisions and general purpose of this titie, and shall order that the variance, be granted or denied, and if such resolution orders that the variance be granted, it shall also recite such conditions and limitations as the commission may impose. Page 96 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.50.060 Resolutions announcing findings and order to be numbered and kept as permanent record. A; The formal resolution ofthe planning commission announcing its findings and order after hearing on an application for a variance, shall be numbered consecutively in the order of their filing and shall become a permanent record in the files ofthe planning commission. 21.50.070 Mailing of notice of decision of planning commission. A Not later than seven days following the announcement of a decision ordering that a variance be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the planning commission 21.50.08070 Effective date and appealsof order—Appeal of planning commission decision A, The effective date ofthe planning commission's decision and method for appeal of such decision shall be governed by Section 21.5^1.150 of this code. A. Decisions on minor variances shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this title. B. Decisions on variances shall become effective and may be appealed in accordance with the provisions of Section 21.54.150 of this titie. 21.50.080 Expiration, extensions and amendments The expiration period for minor variances and variances shall be as specified in Section 21.58.030 of this title. B. The expiration period for an approved minor variance or variance may be extended pursuant to Section 21.58.040 of this title. C. An approved minor variance or variance mav be amended pursuant to the provisions of Section 21.54.125 of this titie. AMENDMENTS TO CHAPTER 21.51 ADMINISTRATIVE VARIANCES CHAPTER 21.51 CHAPTER 21.51 ADMINISTRATIVE VARIANCES Sootions: 21.51.010 Authority of planning director to grant certain variances. 21.51.020 Extent of variance. Page 97 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.51.030 Application and fees. 21.51.0^0 Notice and procedure. 21.51.050 Decision ofthe planning director. 21.5.060 Effective date of order—Appeal of planning director decision. 21.51-010 Authority of planning director to grant certain variances. The planning director shall have the following powers and duties: (4) To grant such variances from the zoning provisions of this code as will not be contrary to its intent or to the public health, safety and general welfare when, due to special circumstances ofthe property or of its location or surroundings as spooifiod in subsection (2) of this soction, strict and literal interpretation and enforcement ofthe provisions of this code would result in unusual difficulties or unnecessary hardship or bo inconsistent with the general purpose of this code. (2) The planning director may grant a variance from tho zoning provisions of this code when it appears from tho facts contained in the application and from information obtained by tho planning director that the following findings can bo made: (a) That because of special circumstances applicable te the subject property, including size, shape, topography, location or surroundings, tho strict application ofthe zoning ordinance deprives such property of privileges enjoyed by other property in tho vicinity and under identical zoning classification; (fe) That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions nocossary to assure compliance with this finding; (G) That the variance does not authorize a use or activity which is not othorwiso expressly authorized by tho zono regulation governing the subject property; (d) That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; (e) In addition, in the coastal zone, that the variance is consistent with and implements the requirements ofthe certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. 21.51.020 Extent of variance. Variances granted by tho planning director shall be limited to: (4) Modification of distanco or area regulations, providod such modification does not oxooed seventy fivo percent of required front, sido or roar yards nor oxoeed ten percent of maximum lot coverage regulations; Page 98 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) Modification ofthe minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet; (3) Walls or fences to exceed heights permitted by the zoning regulations; (4) Modifications to the sign area regulations, provided such modification does not exceed ten percent ofthe maximum allowed sign area; (&) Modifications to tho sign height regulations, provided such modification does not exceed ten percent ofthe maximum allowed sign height. All other variance applications not listed in this section shall bo processed pursuant to Chapter 21.50 of this code. 21-51.030 Application and fees- (a) Application for a zone variance may be made by the owner of tho property affected or tho authorized agent ofthe owner. Application shall be filed with tho planning director upon forms provided by him. Tho application shall state fully tho oircumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description ofthe property involved and all other materials as specified by the planning director. (fe) At the time of filing the application the applicant shall pay a processing fee in an amount as specified by council resolution. 21-51.040 Notice and prooedure- (a) Upon tho acceptance of a complete application and payment of tho required fees for a variance, the planning director shall give written notice by mail or personal delivery to all property owners as shown on the last equalized assessment roll within three hundred feet of the subjoct property at loast fiftoon days prior to a docision on the application. (fe) Any person so notified may file written objections or a written roquost to be heard within ten days after the mailing or personal delivery of the notice. If a writiien request to be heard is filed, the planning director shall schedule a hearing and provide written notice to the applicant and the request or at least five days priorto tho hearing. The hearing is not a public hearing and may be informal. (o) The planning director shall have the discretion to set any variance under this chapter for a public hearing before the planning commission. In such case the variance shall be processed according to tho provisions of Chapter 21.50 of this code. 21.51.050 Decision ofthe planning director. (a) The planning director shall render his decision upon the completion of his investigation of the facts as set forth in the application and his review of the circumstances of the particular oaso. If a hearing is hold, ho shall render his docision within ton days ofthe conclusion ofthe hearing. Page 99 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (fe) The planning director shall announce his decision and findings by letter to the applicant and the letter shall recite, among other things, the facts and reasons which in the opinion of the planning director make the granting or denial of tho variance nocossary to carry out the provisions and general purpose of this title and shall order that the variance be granted or denied, and if such letter orders that the variance be granted, it shall also notice such conditions and limitations as the planning director may impose. The letter shall be sent to any person who requested or appeared at the hearing and to the planning commission and city council. (e) Ifthe planning director, after considering the facts presented in the case, is unable to make the findings set forth in Section 21.51.010 (2), he shall deny the variance. 21.51.060 Effective date of order—Appeal of planning director decision. The effective date ofthe planning director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of this code. AMENDMENTS TO CHAPTER 21.52 AMENDMENTS List of Sections In Chapter 21.52 CHAPTER 21.52 AMENDMENTS Sections: 21.52.010 Purpose 21.52.020 Amendment initiation 21.52.030 Application and fees 21.52.040 AuthorityNotices and hearings 21.52.050 Decision-making processauthoritv 21.52.060 Announcement of decision and findings of fact 21.52.070 Effective date Section 21.52.030 thriti#i 21.52.070 21.52.030 Application and fees A. An application to amend this title, the general plan, or local coastal program shall be made in writing on a form providod by the planning department. The application shall be accompanied by all materials and information required by the planning department.; 1. Be made in writing on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and Page 100 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 3. Be accompanied bv all other materials as specified by the citv planner. B. At the time of filing the application, the applicant shall pay a processingthe application fee m an amount as specitied-fey-contained in the most recent fee schedule adopted by the citv council-resoWioft. C. If the application requests to avmnd the land use or--zone boundaries-,- designation-Qf- classificatiofl, or provisior^js applicable to a specific parcel(s) of land, the application shall be made by the owner of the property affected or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the city. In addition to the provisions of subsection A of this Section, such applications shall also include: 21.52.040 1. Adequate plans and a legal description of the propertv involved. Notices and hearings A. Notice of an application to amend this title, the general plan, or the local coastal program shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title 21.52.04050 Decision-making Aauthority A. The City Council may-r-uf)©ft-4l^--re€emffjefl4ati0ft-^^ approve or deny amendments to this title, the general plan, or local coastal program. 1. Before the citv council decision, the planning commission shall hear and consider the application and shall prepare a recommendation for the citv council that includes the reasons for the recommendation and the relationship of the proposed amendment to applicable provisions of this title, the general plan and local coastal program, and anv applicable master or specific plan. 2. The citv council shall hear the matter, and after considering the findinqs and recommendations ofthe planning commission, may approve conditionally approve or deny amendments to this title, the general plan or local coastal program. 3. The citv council may make substantial modifications to the planning commission's recommendation on a proposed amendment to this title, the general plan, or local coastal program, including modifications not previouslv considered by the planning commission. The citv council, in its discretion, mav refer said modifications back to the Planning Commission for recommendation. B. Amendments to the local coastal program are also subject to approval by the California Coastal Commission. 21.52.060 Announcement of decision and findinqs of fact A. When a decision is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. Page 101 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.52-070 Effective date A. The decision of the citv council made pursuant to this chapter is final, conclusive and shall be effective upon the date specified in the announcement of decision. B; Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved bv the California Coastal Commission, pursuant to Section 30514 ofthe Public Resources Code. 21.52.050 Decision-making process. A Tho planning commission shall consider the application at a public hearing noticed in accordanoo with chapter 21.54 of this title. Tho planning commission shall rondor its docision in the form of a resolution that includes findings and a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, tho relationship of the proposed ordinance or amendment to applicablo gonoral and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by tho tegislative body. Sr. Tho adopted planning commission rosolution shall bo filod with the city clerk, and a copy shall bo mailed to tho applicant. Following the planning commission's action to recommend approval or denial of the application, the city council shall consider the application at a public hearing Pioticed in accordance with chapter 21.5^ of this titie. 4^ Afl:or considering tho rocommondation of the planning commission, tho city council may approve or deny tho application to amend Titie 21, the general plan, or local eoastal program. 3r. The—city council—may approve,—modify or disapprove the recommendation of the planning commission; provided that any substantial modification of the proposed ordinance or amendment by tho city council not previously considorod by the planning eommission during its hearing on the matter shall first be referred to the planning commission for report and recommendation. The planning commission shall not bo required to hold a public hearing thereon unless otherwise required by the city council.—Failure of the planning eommission to report within forty-five (45) calendar days after the referral, or within the time sot by the city council, shall be deemed to bo approval ofthe proposed modification. The city council shall announce its decision to approve or deny tho application by adoption of: a; An ordinance for amendments to: h This titie. it^ The local coastal program implementation plan. Page 102 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) fe^ A resolution for amendments to: Tho general plan. '{h The local coastal program land use plan. A-. Following the city council decision, tho city clerk shall sond written notice of the docision to the applicant and anyone who spocifioally requests to bo notified of tho docision. G-. Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not bocomo offoctive until tho amondmont is approved by tho California Coastal Commission, pursuant to Section 3051-1 ofthe Public Resources Codo. AMENDMENTS TO CHAPTER 21.53 USES GENERALLY Section 21.53.040 21.53.040 Clarification of ambiguity If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth in this title and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the citv planner planning commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretations, and such resolution shall bo forwarded to the city council and, if approved bv resolution of the city council, to make an interpretation and thereafter such interpretation shall govern. Section 21.53.085 21.53.085 Wild animals AIn zones where the keeping of wild animals is permitted, a wild animal may be kept4ft any zono, provided a wild animal permit has been issued for it by the state and provided the keeping of such wild animal does not constitute the establishment or maintenance of a private ZOOT. as defined in Section 21.04.400 of this titie. Private zoos may be established or maintained only as provided in Section 21.42.010(K).permitted by the underlying zone. Section 21.53.085 21.53.090 Temporary real estate office In any newly created subdivision, the subdivider or his assignee may operate a temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall cease no later than the date of the close of escrow of the final home in the subdivision.one year Page 103 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) from the date of tho recording ofthe final subdivision map of said subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time, up to one year per application therefor, for such uso. Tho proceduro for applying for such a longer period of time for such uso and for appealing from a decision ofthe planning commission on such an application shall bo the same as that for a variance under Chapters 21.50 and 21.53. Section 21.53.120 21.53.120 Affordable housing multi-family residential projects—Site development plan required. (a)A Site Development Plan Requirement. 1 Notwithstanding anything to the contrary in this code, no building permit or other entitlement shall be issued for any multi-family residential development having more than four dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to the provisions of Chapter 21.06 (Q Qualified Development Overiay Zone) of of this eodetitie. 2, ^A site development plan for a multi-family residential project (not affordable) shall not be required for any project processed pursuant to the provisions of Chapter 21.45 of this eedetitle. (fe) Multi-family Rosidontial and Affordable Housing Determination. The planning commission shall have the authority to approve, conditionally approve or dony site dovolopment plans for a multi family rosidontial project or affordable housing projects with fifty dwelling units or less. The planning commission's decision may be appealed to the city council as provided in Chapter 21.06. For projects with more than fifty units, the planning commission shall hold a public hearing and make a report and recommendation to the city council. Tho city council, after public hearing noticed as providod in Section 21.54.060(1), shall approve, conditionally approve or deny the sito dovolopmont plan. (€)B. Development Standards. 1 The development (both for multi-family residential and affordable housing) shall be subject to the development standards of the zone in which the development is located and/or any applicable specific or master plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underiying zone or elsewhere provided that the project is in conformity with the general plan and adopted policies and goals ofthe city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the planning commission or the citv councildecision-making authoritv in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underiying zone or elsewhere that include provisions for, but are not limited to the following: (4)a, Density of use; Page 104 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) b. Compatibility with surrounding properties and land uses; (3) o, Parking standards; (4) d. Setbacks, yards, active and passive open space required as part of the entitlement process, and on-site recreational facilities; (5) e. Height and bulk of buildings; (§)f. Fences and walls; (7) 3^ Signs; (8) h. Additional landscaping; (9)]^ Grading, slopes and drainage; (40)j. Time period within which the project or any phases of the project shall be completed; (44)k; Points of ingress and egress; (4^1- Such other conditions as deemed necessary to ensure conformity with the general plan and other adopted policies, goals or objectives of the city. (^C, In addition the planning commission or citv councildecision-making authority may require that the developer provide public improvements either on or off the subject site as are needed to serve the proposed development or to mitigate public facilities needs or impacts created by the project. Section 21.53.230(b) (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.420140.(B) of this code; (5) Significant wetlands; (6) Significant riparian or woodland habitats; Page 105 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. AMENDMENTS TO CHAPTER 21.54 PROCEDURES, HEARINGS, NOTICES AND FEES List of Sections in Chapter 21.54 21.54.010 Review and approval/denial of Applioationsapplications 21.54.020 Acceptability of signatures on applicationsReserved 21.54.030 Applications a part of permanent record Reserved 21.54.040 Filing feesDecision-making authority for multiple development permits 21.54.050 Setting of hearing 21.54.060 Notices of applications and hearings 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 ReservedReguired 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 tho coastal zone).Announcement of decision and findings of fact 21.54.125 Amendments to development permits 21.54.130 Restriction on reapplication after denial 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood services director decisions 21.54.150 Effective date of order—^Appeal of planning commission decisions Section 21.54.010 through 21.54.062 21.54.010 Review and approval/denial of Applioationsapplications A. Permit Streamlining Act compliance. 1. The city shall comply with the reguirements of the California Permit Streamlining Act (Titie 7. Division 1. Chapter 4.5 ofthe California Government Code). B. Application form. Page 106 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (a)l The city managercity planner shall prescribe the form of applications for the development permits or approvals and applications for changes in zone or general plan boundaries or classifications. 2. ^The city manager or his designeecity planner may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. 3: No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forthwith deliver the application to the planning director. C. Signatures on applications. 1. All applications shall include the signatures of the owner(s) of the property affected or the authorized agent of the owner. 2. If signatures of persons other than the owners of propertv making the application are reguired or offered in support ot or in opposition to. an application, thev may be received as evidence of notice having been served upon them ofthe pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. D. Applications as part of permanent record. 1. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part ofthe city's permanent official records, and there shall be attached thereto and permanently filed there with copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. E. Filing fees. 1. A fee in an amount established by city council resolution shall be paid at the time of filing an application for a development permit for approval, or application for a change in zone or general plan boundaries or classifications. No application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. F. Application completeness. 1. In accordance with Title 7. Division 1. Chapter 4.5. Article 3 of the California Government Code, applications shall be reviewed for completeness as follows: (fe)2. The city planner shall consult with appropriate departments concerning the application and shall^ within thirty days after the application has been filed with the citydevelopment processing coordinator, determine in writing whether the application is complete and shall transmit the determination to the applicant. 3. If the application is determined to be incomplete: Page 107 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a, TVne written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete,. The written dotormination shall includinge a list and description of the specific information needed to complete the application. b. The applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted. 4. Within thirty days of any resubmlttal of tfeoan application or submittal of materials in response to thoa written determination of incompleteness, the city planner shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. When a determination that an initial application is incomplete has been transmitted to the applicant, tho applicant shall have six months from the date the application was initially filed to either resubmit tho application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of tho application. If an application is withdrawn or doomed withdrawn a now application must be submitted. (e)5. If tfee-an application, together with the submitted materials, submitted in response to a determination of completeness are determined by the city planner to «et-be incomplete pursuant to this section^ the applicant may appeal the decision in writing to the planning commission pursuant to Section 21.54.140. The applicant may also appeal the decision ofthe planning commission to the city council pursuant to Section 21.54.150. a. ^The city council shall make a final written determination on the appeal of the completeness of tho application not later than sixty calendar days after the receipt of the applicant's written appeal of the citv planner's decision. (4)6. Failure by the city to meet the deadlines time limits specified in this section shall cause the application to be deemed complete. The failure of tho applicant to moot any of the time limits specified in this section shall be doomed to constitute withdrawal of the application. 7^ Nothing in this section precludes an applicant and the city from mutually agreeing to an extension of any time limit provided in this section. G. Time limits for approval or denial of development permits. 1. The citv shall approve or disapprove a development permit application within the time limits specified in Title 7. Division 1. Chapter 4.5, Article 5 ofthe California Government Code, unless an extension of time is mutually agreed to by the applicant and citv pursuant to Government Code section 65957. H. Permit Streamlining Act not applicable to legislative actions. Page 108 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. The time limits specified in subsections F and G of this section do not apply to legislative actions and likewise do not apply to development permit applications that include legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation. 21.54.020 Reserved- Acceptability of signatures on applications. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been sen/ed upon them ofthe ponding application, or as evidence of thoir opinion on the pending issue, but they shall in no case infringe upon the froo exorcise of the powers vested in the city as represented by tho planning commission and the city council. 21.54.030 Reserved. Applications as part of permanent record. Applications filod pursuant to this titie shall be numbered oonseoutivoly in the order of thoir filing, and shall bocomo a part of the permanent official records of tho agency to which application is made, and there shall be attached thereto and permanently filed there with copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. 21.54-040 Filing foos. A fee in an amount established by city council resolution shall be paid at the time an application for a devolopmont pormit for approval or the approval of a change in zone or general plan boundaries reclassifications is filod. No application shall be acooptod or doomed accepted until the appropriate fee or feos have boon paid. 21.54-040 Decision-making authority for multiple development permits. A. For purposes of this section, "development permit" means anv permit, entitiement er approval required pursuant to Titles 20 or 21 of this code, or pursuant to anv applicable master, specific, or redevelopment plan. B. For purposes of this section, "city planner" shall be interchangeable with "citv engineer" and "housing and neighborhood services director", and "city council" shall be interchangeable with "housing and redevelopment commission". C. When multiple development permits are processed concurrently for a proposed proiect. the decision-making authority for all such development permits shall be as follows: 1. The citv planner shall have the authority to approve, conditionally approve or deny, on all concurrently processed development permits, provided that such permits do not include a development permit that reguires a decision from the planning commission or city council. 2. The planning commission shall have the authoritv to approve, conditionally approve or deny, on all concurrently processed development permits that: Page 109 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. Include a development permit that has been appealed to the planning commission in accordance with Section 21.54.140; or b. Include a development permit that reguires a decision from the planning commission: and that c. Does not include a development permit that reguires a decision from the city council. 3. The citv council shall have the authority to make a decision on all concurrently processed development permits that: a. Include a development permit that has been appealed to the citv council in accordance with Section 21.54.150 of this titie; or b. Include a development permit that reguires a decision from the citv council. D. Except for appeals, the city council shall first receive a recommendation from the planning commission priorto making a decision on all concurrently processed development permits. 21-54-050 Setting of hearing. A. All proposals for amending zone or general plan boundaries or reclassifications, or for the granting of any development permit or approval requiring a hearing as provided in this titie shall be set for hearing by the citv planner ^treetef when such hearings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the additional requirements of Chapter 21.81 or 21.201 as applicable. B. The city shall approve or disapprove a proiect within the time limits specified in California Government Code Sections 65950, 65950.1. 65951. or 65952, unless an extension of time is mutually agreed to bv the applicant and citv as provided in Government Code section 65957.The Permit Streamlining Act does not apply to legislative actions and likewise does not require that permit applications be deemed approved if not acted on within tho statutory period when such permit applications would require legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation. C. The time limits specified in this section and in Section 21.54.010 above do not apply to legislative actions and likewise does not reguire that permit applications be deemed approved if not acted on within the statutory period when such permit applications would reguire legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.The citv shall approve or disapprove a project within sixty days ifthe project is determined to be exempt. 21 -54.060 Notices of applications and hearings. A. NotieeNoticinq of public hearings shall be given as follows: ^ Page 110 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (1)i When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, at least ten calendar days prior to the public hearing, notice of the hearing shall be given in all ofthe following ways: (a)i Notice of the hearing shall be mailedbv mail. Mailed or delivered at least ten days prior to the hearing to theta I The owner of the subject real property or the owner's duly authorized agent and to the: ii. The project applicant- and/or the applicant's representative: (fe) iii. Notico ofthe hearing shall be mailed ordolivorod at least ten days prior to the hearing to eachEach local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the projectT^ (G) iv. Notico of the hearing shall be mailed or delivered at least ton days prior to the hearing to allAII owners of real property as shown on the latest equalized assessment roll within six hundred feet, or three hundred foot for variance applications, of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector wbiefethat contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than one thousand^ in lieu of mailed or delivered notice, tho city manager may permit notice temay be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city at loast ton days prior to tho hearing. V. All occupants within one hundred feet of the subiect property and the area office ofthe California Coastal Commission (applicable to coastal development permits only). vi. Any person who has filed a written reguest for notice with the citv clerk. The citv clerk shall charge a fee established bv citv council resolution which is reasonably related to the costs of providing this service. Each reguest shall be annually renewed. b. Published or posted notice. Unless newspaper advertisement is provided pursuant to Section 21.54.060.A.iv. the public hearing notice shall either be: Published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the citv at least ten calendar days prior to the hearing; or ii. Posted at least ten calendar days prior to the hearing in at least three public places in the citv. including one public place in the area directly affected by the proceeding. (4) Ifthe notice is mailed or delivered pursuant to subparagraph (c), the notice shall also either be: Page 111 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (i) Published pursuant to Section 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing; (ii) Posted at least ten days prior to the hearing in at least three public places in the city, including one public place in the area directly affected by the proceeding. (e) Within the coastal zone, notice shall additionally bo provided to occupants within one hundred feet of the site and to the area office of the California Coastal Commission. Such notice shall be mailed not less than ten days before the date ofthe public hearing. (2)i When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing. B. Noticing of administrative permits. 1. When a provision of this code reguires notice of an application pursuant to this subsection, at least ten calendar days prior to a decision on the application, written notice shall be given as follows: a. Notice bv mail. Mailed or delivered to: i. The owner of the subiect real propertv or the owner's duly authorized agent; The project applicant and/or the applicant's representative; iii. All owners of real property as shown on the latest egualized assessment roll within three hundred feet of the real propertv that is the subiect of the administrative permit; or all owners within one hundred feet for minor coastal development permits only. In lieu of utilizing the assessment roll, records ofthe county assessor or tax collector that contain more recent information than the assessment roll mav be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice mav be given bv placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the citv. iv. All occupants within one hundred feet of the subject property, and to the area office ofthe California Coastal Commission. This reguirement applies to minor coastal development permits only. V. Any person who has filed a written reguest for notice with the city clerk. The city clerk shall charge a fee established bv city council resolution which is reasonably related to the costs of providing this service. Each reguest shall be annually renewed. Page 112 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Once notice has been given in accordance with Section 21.54.060.B.1. anv person mav file written comments or a written reguest to be heard within ten calendar days of the date of the notice. If a written reguest to be heard is filed, the citv planner shall: a. Schedule an administrative hearing: and b. Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subiect real property or the owner's duly authorized aoent. the proiect applicant and/or applicant's representative, and any person who filed written comments or a written reguest to be heard. 3. The noticing requirements specified in Section 21.54.060.A shall apply if an administrative permit is processed concurrently with a permit, entitlement, or action that reguires a public hearing. 21.54.061 Content of notice. (a)A, The notice given pursuant to Section 21.54.060 shall include the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or diagram, of the location of the real property if any, that is the subject of the hearing. (fe)B. However, within the coastal zone such notice shall contain the following additional information: (1)i A statement that the development is within the coastal zone; (2) . The date of filing of the application and the name of the applicant; (3) . The number assigned to the application; (4) . A brief description of the general procedure of local government concerning the conduct of hearing and local actions; (5)^ The system for local and Coastal Commission appeals, including any local fees required, expressly stating whether the matter is appealable to the Coastal Commission. 21.54.062 Additional notice to persons requesting it. C, Notice given pursuant to Section 21.54.060^ shall also be mailed or delivered at least ten days prior to theinclude a statement that an administrative hearing to any person who has filed a-shall be held upon written request for notice with tho city dork. The city clerk shall charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. Page 113 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.54.064 and 21.54.070 21.54.064 Applicant's responsibilities A. The applicant for anv action requiring a notice of public hearinq or notice of administrative permit pursuant to the provisions of Section 21.54.060 of this titie shall provide the city with public notification materials (i.e. radius map, mailing list and labels as specified by the city planner) and notice mailing fee egual to the current postage rate to cover the cost of mailing the notice (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and tho addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in liou of providing the stamped, addressed envelopes, provide an appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses. Tho planning diroctor or the city clerk shall be responsible for informing the applicant ofthe date a matter is scheduled for hearing. -(fe) The applicant shall pay the cost of providing tho notico required by this chapter. 21.54.070 ReservedReguired wording of notices Such public notice of hearings on zono reclassifications, amendments, variances or conditional use permits shall consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Uso Pormit," as tho case may be, setting forth the description ofthe property under consideration, the nature ofthe proposed change or use, and the time and place at which the public hearing or hearings on the matter will be held. Section 21.54.120 and 125 21-54.120 Gonoral plan amondmonts (except for tho coastal zono).Announcement of decision and findings of fact All provisions of this chapter applicablo to the amendment of zono classifications shall also apply to amendments to the general plan er to any of the elements thereot If the hearings for general plan amendments are held at the same time as hearings for zone amendments under Chapter 21.52, the notice of such hearings may be combined with those required for general plan amendments under this section. A. When a decision is made pursuant to this title an announcement of the decision and findings of fact shall be provided when: 1. Pursuant to section 21.54.060 of this chapter, a public notice was provided for the associated application: or Page 114 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Notice of such decision is reguired to be provided pursuant to this section. B. The decision-making body shall announce its decision in writing as follows: 1. The citv planner shall announce his/her decision and findings by letter. 2. The planning commission shall announce its decision and findings by formal resolution. 3. The city council shall announce its decision and findings (if applicable) by formal resolution or ordinance. C. The announcement of decision and findings shall include: 1. A statement that the permit is approved, conditionally approved, or denied: 2. The facts and reasons which, in the opinion ofthe decision-making body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title: 3. Such conditions and limitations that the decision-making body mav impose in the approval of the permit. D. The announcement of decision and findings shall be mailed to: 1. The owner of the subiect real property or the owner's duly authorized agent, the proiect applicant and/or the applicant's representative at the address or addresses shown on the application filed with the planning division: 2. Any person who has filed a written reguest for a notice of decision; 3. Any person who filed a written reguest for an administrative hearing or to be heard at an administrative hearing. 21.54.125 Amendments to development permits. A For purposes of this section, "development permit" means any permit. entitlement or approval reguired pursuant to Title 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. B; Anv approved development permit mav be amended by following the same procedure reguired for the approval of said development permit (except that if the City Council approved the original permit, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted by the city council. C; If an approved development permit was issued pursuant to the provisions of Section 21.54.042 of this title, any amendment to said permit shall be acted on by the decision- Page 115 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) making authoritv that approved the original permit, except that if the City Council approved the original permit, the Planning Commission shall have the authority to act upon the amendment. D; In granting an amendment, the decision-making authority mav impose new conditions and may revise existing conditions. Section 21.54.140 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood services director decisions. a)A. This section shall apply to those decisions or determinations of the city planner or housing and neighborhood services director made pursuant to this title or city planner determinations pursuant to Title 19 or Titie 20. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and redevelopment neighborhood services department" shall be interchangeable with "planning division;" and "housing and redevelopment commission" shall be interchangeable with "city council." (fe)B. Whenever the city planner is authorized, pursuant to this titie. Titie 19, or Titie 4O72O to make a decision or determination, such decision or determination is final and effective when the city planner's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city planner by an interested person. An individual member ofthe city council can be an interested person for purposes ofthe appeal. Filing of such an appeal within such time limits shall stay the effect ofthe decision or determination ofthe city planner until such time as the planning commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the city planner in that the decision was not supported by the facts presented to the city planner prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution ofthe city council. (G)C:. Upon the filing of an appeal, the city planner shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required ofthe determination or decision being appealed. The appeal hearing before the planning commission is de novo; however the planning commission shall consider only the evidence presented to the city planner for consideration in the determination or decision being appealed. The planning commission shall determine all matters not specified in the appeal have been found by the city planner and are supported by substantial evidence. The planning commission may affirm, modify, or reverse the decision of the city planner, and make such order supported by substantial evidence as it deems appropriate, including remand to the city planner with directions for further proceedings. The planning commission action on an appeal shall be final unless appealed to the city council, pursuant to the provisions of Section 21.54.150. Page 116 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.58 VIOLATION-REVOCATION-EXPIRATION Title and List of Sections in Chapter 21.58 CHAPTER 21.58 VIOLATION-REVOCATION-EXPIRATION-EXTENSIONS Sections: 21.58.010 Notice of violation for non-compliance with conditions 21.58.020 Revocation of permits or variance 21.58.030 Expiration o6fie4of permits 21.58.040 Extensions Section 21.58.030 and 21.58.040 21.58.030 Expiration periodof permits Any permit or approval granted pursuant to this title becomes null and void if not exercised within two years of the date of approval: however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040. (a) Any conditional use permit or variance or other development permit or approval granted pursuant to this title becomes null and void if not oxorcisod within the time period specified in tho approval letter or resolution granting tho application or, if no timo period is specified, within eighteen months ofthe date of approval. (fe) Unless an eariier expiration date appears on the face of the permit any dovolopmont permit which is issued in conjunction with tentative subdivision map for a planned unit dovolopment as defined by Section 11003 of the State Business and Professions Code shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later. Local coastal development permits issued in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map and shall be in accordance with the applicable local coastal program which is in offoct at tho time of the application for extension. 21.58.040 Extensions (a) This section shall apply to extensions of time that mav be granted to permits or approvals granted pursuant to this titie. (b) The city planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a permit or approval is valid, subiect to the following: (1) Prior to the expiration date of the permit or approval, the applicant shall Page 117 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) submit a written reguest for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by the citv council. (2) Provided the written reguest for a time extension is timely filed, the permit shall be automatically extended until a decision to approve, conditionally approve or deny the reguest is rendered; however, if a time extension is granted, it shall be based on the original approval date. (3) The citv planner shall extend the permit or approval for an additional two years, ifthe following findings are made: (A) The permit or approval remains consistent with the general plan, all titles of this code and grov\/th management program policies and standards in place at the time the extension is considered: (B) Circumstances have not substantially changed since the permit or approval was originally granted. (C) The citv planner may grant no more than three, two-year extensions, for a total cumulative time extension of six years: except however, that any permit or approval issued in conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Title 20 of this code. (D) All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently, provided all such permits are extended pursuant to the provisions of this section. (E) When granting an extension of a permit or approval, the city planner mav impose new conditions and mav revise existing conditions. (F) The city planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a permit or approval. A copy of the letter announcing the city planner's decision shall be mailed to the applicant and/or the applicant's representative and to any person who has filed a written reguest to receive such notice. AMENDMENTS TO CHAPTER 21.70 DEVELOPMENT AGREEMENTS List of Sections In Chapter 21.70 21.70.005 Authority for adoption—Applicability 21.70.010 Forms and informationApplication 21.70.020 Fees and reimbursements 21.70.025030 Accounting requirements 21.70.030 Qualification as an applicant 21.70r040 Proposed form of aqroementNotices and hearings 21.70.050 Roviow of application Decision-making authority Page 118 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.70.060 Transmittal to planning commissionFindings of fact 21.70.070 Planning comriiission roportReserved 21.70.080 Decision bv citv councilReserved 21.70.090 Approval of development agroomentsReserved 21.70.100 Required notioeReserved 21.70.110 Irregularity in proceedings 21.70.120 Amendment and cancellation of agreement by mutual consent 21.70.130 Recordation 21.70.140 ReservedPoriodic review 21.70.150 Procedure for periodic review 21.70.160 Modification or termination 21.70.170 No damages on termination 21.70.180 No vesting of rights 21.70.190 Reservation of rights Section 21.70.010 through 21.70.100 21.70.010 Forms and informationApplication (a) Except as otherwise provided in this chaptor, tho planning director shall prescribe the form for each application, notice and document provided or required under this chapter for the preparation and implementation of development agreements. (fe) Tho planning diroctor may require an applicant to submit such information and supporting data as the planning director considors necessary to process the application. A. An application for a development agreement may be made bv any person having a legal or eguitable interest in real propertv for the development of the real property or by that person's authorized agent. The application shall: 1. Be made in writing on a form provided bv the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by adeguate plans, a legal description ofthe property involved and all other materials as specified by the city planner. 4. Be accompanied bv the form of development agreement agreeable to the citv planner and citv attorney. The proposed agreement shall contain all the elements reguired bv Government Code Section 65865.2 and may include any other provisions permitted by law, including reguirements that the applicant provide sufficient security approved by the citv ati:orney to ensure provision of public facilities. 5. Be accompanied by a fiscal impact analysis, if the applicant claims that the project will have an economic benefit to the city. B. The citv planner shall reguire an applicant or the applicant's authorized agent to submit proof of interest in the real property and of the authority of the agent to act for the Page 119 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) applicant. Before processing the application, the citv planner shall obtain the opinion ofthe city attorney as to the sufficiency of the applicant's interest in the real propertv to enter into the agreement. 21.70.020 Fees and reimbursements (a) A fee established by city council resolution shall be paid by the applicant at the time of filing the application. A. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. (fe)__L Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitiement required by this code. (e) 2. The city may require the applicant to agree to pay the city's costs in negotiating, preparing and processing the development agreement, including the fees and expenses of special counsel and any other consultants engaged by the city in connection with the development agreement. 21.70.025030 Accounting requirements. (a)A For any development agreement entered into on or after January 1, 2004, the city shall comply with Government Code Section 66006 et. seq., the Mitigation Fee Act, with respect to any fee it receives or costs it recovers pursuant to this chapter. (fe)B. The Mitigation Fee Act requires the city to deposit developer fees or costs reimbursements collected associated with the development agreement into a separate capital facilities account or fund and spend the money only for the purpose for which it was collected. The city must provide an annual public report accounting for these funds. 21.70.040 Notices and hearings A. Notice of an application for a development agreement shall be given pursuant to the provisions of section 21.54.060.A and 21.54.061 of this titie. 21.70.030 Qualification as an applicant. Only a qualified applicant may filo an application to enter into a dovolopment agroomont. A qualified applicant is a person who has legal or equitable interest in the roal property which is the subject of the development agreement. Applicant includes authorized agent. The planning director shall require an applicant te submit proof of his interest in the real property and of the authority ofthe agent to act for the applicant. Before processing tho application tho planning diroctor shall obtain tho opinion of the city attorney as to the sufficiency of tho applicant's interest in tho roal property to enter into tho agreement. 21.70.040 Proposed form of agreement. Each application shall be accompanied by the form of devolopmont agreement proposed by the applicant unless the city manager, in consultation with the planning director and city attorney, determines to provide the applicant with the form of a development agreement. Tho city council Page 120 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) may adopt by rosolution a standard form of development agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language ofthe standard form. The proposed agroomont shall contain all the elements required by Government Codo Soction 65865.2 and may include any othor provisions permitted by law, including requiromonts that tho applicant provide sufficient security approved by the city attorney to ensure provision of public facilities. 21.70.050 Decision-making authority A. An application for a development agreement may be approved, modified or denied by the citv council based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the public hearing. B. Prior to the citv council's decision on a development agreement, the application shall be processed as follows: 1. The city planner shall review the application and mav reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. 2. After the application is found to be complete, the city planner shall forward a copy of the application and proposed agreement to the citv attorney for review. 3. If the applicant claims that the project will have an economic benefit to the city, the city planner shall forward a copy ofthe application, proposed agreement, and fiscal impact analysis, to the finance director for review. 4. If the proiect is located within the coastal zone, the city shall forward copies of anv proposed development agreement to the California Coastal Commission for review and invite comments as to its consistency with the certified local coastal program. 5. The city planner shall review the application and proposed agreement and shall prepare a report and recommendation to the planning commission on the agreement; said report shall include the recommendations ofthe city attorney and finance director. 6. The planning commission shall hear and consider the application and prepare a recommendation and findings for the citv council, including the matters stated in Section 21.70.050 of this chapter. C. The citv council shall hear the matter and consider the findings and recommendations ofthe planning commission. D. The city council may approve the development agreement only if all the findinqs of fact in Section 21.70.060 of this chapter are found to exist. E. If the city council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the effective date of the ordinance on behaif of the city. Before execution, each agreement shall be approved as to form by the city attorney. Page 121 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.70-050 Review of application- (a) The planning director shall roview the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. (fe) The planning director shall review the application and proposed agreement and shall prepare a report and recommendation to the planning commission on tho agreement. (e) The planning director shall forward a copy of the application and proposed agreement to the city attorney for review. The city attorney shall prepare a roport and recommendation to the planning commission on tho agroomont (4) The planning director shall forward a copy ofthe application, proposed agreement, and a fiscal impact analysis, for projects purporting to provide economic benefits to the city, to the finance director for review. The finance director shall prepare a report and recommendation to the planning commission on the agreement and fiscal impact analysis. 21.70.060 Transmittal to planning commission. The planning director shall transmit the application to the planning commission for a public hearing when all tho nocossary reports and recommendations are completed. Notico of the public hearing shall bo given as provided in this chaptor. The application for a development agreement may bo considered concurrently with other discretionary permits for the project. 21.70.070 Planning commission roport. After a public hearing, tho planning commission shall consider tho application and prepare a report and recommondation for the city council. Tho roport and recommondation shall include findings on the matters stated in Section 21.70.080(b). This report and recommendation shall be fonwarded to the city clerk who shall set the matter for public hearing boforo the city council. 21.70.08060 Decision by city councilFindings of fact (a) After the city council completes the public hearing, it may approve, modify or disapprove tho dovolopment agreement. It may refer matters not previously considorod by the planning commission during its hearing back to tho planning commission for roport and recommendation. The planning commission need not hold a public hearing on matters referred back to it by the city council. (fe)A The city council shall not approve the development agreement unless it finds that the agreement: (1.) Is consistent with the objectives, policies, general land uses and programs specified in the general plan, the certified local coastal program and any applicable specific plan; Page 122 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2.) Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located and all other provisions of Title 21 of this code; (3J Is in conformity with public convenience, general welfare and good land- use practices; (4.) Will not be detrimental to the health, safety and general welfare; (5^) Will not adversely affect the orderiy development of property or the preservation of property values; (6.) Is consistent with the provisions of Government Code Sections 65864— 65869.5; (7^) Where applicable, ensures provision of public facilities in a manner consistent with the general plan; (8^) When applicable, is consistent with the provisions of Title 20 of this code; (9.) Will result in the provision of economic, environmental, recreational. agreement. 21.70.070 Reserved- 21.70.080 Reserved. 21.70.090 Reserved. 21.70.090 Approval of dovolopmont aoreementsReserved. If the city council approves tho dovolopment agreement, it shall adopt an ordinance approving the agreement and directing tho mayor to execute tho agreement after the effective date ofthe ordinance on behalf of the city. Boforo execution, each agreement shall be approved as to form by the city attorney. For projects located within the coastal zono, tho city shall fonvard copies of any proposed development agreement to tho California Coastal Commission for review and invite comments as to its consistency with tho certified local coastal program. 21-70.100 Roguirod notioeReserved. -(a) Notico of public hearing required by this chaptor shall bo given by both methods provided in Section 21.5^.060 of this code. (fe) The notice requirement referred to in subsection (a) is declaratory of existing law (Govornmont Code Sootions 65867, 65090 and 65091). If stato law prescribes a different notico requirement, notice shall bo given in that manner. Page 123 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (G) The failure of any person to receive notico required by law or these regulations dees not affect the authority of the city to enter into a development agreement. Section 21.70.140 21.70.140 ReservedPoriodic roviow (a) The city council shall roviow tho development agreement every twelve months from the date tho agroomont is entered into. (fe) The time for review may be shortened either by agreement between the parties Of by initiation in one or moro of tho following ways: (4) Recommendation of tho city planner; (2) Resolution of intention by the planning commission; (3) Resolution of intention ofthe city council. (e) The city planner shall begin the review proceeding by giving written notice that tho city council intends to undertake a poriodic review of the development agreement to the pfoperty owner. Hoshall givo tho notice at loast ton days in advance of tho time at which tho matter will bo considered by tho council. (4) The city council may refer the matter to the planning commission for review and recommendation. Section 21.70.160 21.70.160 Modification or termination (a)A A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. B, Notice of intention to amend or cancel anv portion of the agreement shall be given in the manner provided by Section 21.54.060.A of this title. If upon a finding under Section 21.70.150(d) the council determines to modify or terminate the agreement, the council shall give riotice to the property owner of its intention so to do. Tho notico shall stato: (4) The timo and place ofthe hearing; (2) A statement as to whether or not the council proposes to terminate or to modify tho dovolopment agreement; (3) Other information which tho council considers necessary to inform tho property owner of tho nature of tho procoodings. Page 124 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Such notice may be given at the conclusion ofthe hearing held according to Soction 21.70.150. (fe) At the time and place sot for tho hearing on modification or termination, tho property owner shall bo given an opportunity to be heard. The council may refer the matter back to the planning commission for further proceedings or for report and recommendation. The council may impose those conditions to tho action it takes as it considers necessary to protect the interests ofthe city. Tho docision ofthe city council is final. AMENDMENTS TO CHAPTER 21.81 COASTAL DEVELOPMENT PERMITS - VILLAGE REVIEW ZONE CHAPTER 21.81 CHAPTER 21-81 COASTAL DEVELOPMENT PERMITS VILLAGE REVIEW ZONE Sections: 21.81.010 Definitions. 21.81.020 Pormit required. 21.81.030 Development exempt from coastal development permit procedures. 21.81.035 Repair and maintenance activities requiring a coastal development permit. 21.81.0^0 Application. 21.81.050 Duties of housing and redevelopmont diroctor—Exemptions—Emergency permits 21.81.055 Administrative coastal development permits. 21.81.060 Transmittal to planning commission. 21.81.070 Planning commission action. 21.81.080 Effective date of order Appeal of planning commission decision. 21.81.090 City council action. 21.81.100 Public hearings. 21.81.110 Appeals to Coastal Commission. 21.81.115 Coastal dovolopment permits issued by the Coastal Commission. 21.81.120 Notico of final local action. 21.81.130 Effective date of permit. 21.81.1^0 Review of recorded documents. 21.81.150 Applications for emergonoy permits. 21.81.160 Expiration of coastal permits. 21.81.165 Amendment to coastal development pormit. 21.81-010 Dofinitions- (a) Coastal Zono. "Coastal zono" means that portion ofthe Carisbad coastal zone located within the area ofthe city described in the Carisbad village master plan and design manual and shown on the map entitled Carisbad Village segment of Carisbad Coastal Zone dated and on file in the offices of housing and redevelopment and city clerk. (fe) Coastal Commission. "Coastal Commission" moans tho California Coastal Commission. Page 125 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (e) Development. "Development" means on land, in or under water, the placement or erection of any solid matorial or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the subdivision map act and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational uso; change in the intensity of uso of water, or of access thereto; construction, reconstruction, domolition or alteration ofthe size of any structure, including any facility of private, public or municipal utility, and the removal or harvesting of major vegetation othor than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of tho Z'berg- Nejedly Forest Practice Act of 1973 (commencing with Soction 4511). As used in this soction, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. (4) Major Energy Facility. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and oxcoeding one hundred thousand dollars in estimated cost of construction. (e) Major Public Works Project. "Major public works project" means any public works projoct as defined by Titlo 1-1 California Code of Regulations Soction 13012 and exceeding one hundred thousand dollars in estimated cost of construction. 21-81-020 Permit required- Unless a development is exempt from coastal development permit procedures pursuant to Section 21.81.030, no development shall occur in the coastal zone without a pormit having first boon issued according to tho provisions of this chaptor. 21-81.030 Development exempt from coastal development permit procedures. (a) Categorical Exclusions. (4) A pormit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610, shall be exempt from the requirement of this chapter. (2) The city council may designate by resolution, after a public hearing, categories of development which have no potential for any significant adverse effect, either individually or cumulatively, on coastaJ resources or on public access to, or along the coast. Development which has boon so designated shall bo catogorically exempt from tho provisions of this chapter. The designation of any categorical oxomption shall not be effective until the exemption has been approved by the Coastal Commission. The housing and redevelopment director and planning director shall keep a record of all permits issued for categorically exempt projects as specified in subsection (a)(1) of this section. (fe) Exompt Projects. In addition to those projects categorically excluded pursuant to subsection (a), the following projects are exempt from the requirements of a coastal development permit: Page 126 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Improvements to existing single family residential building except: (A) On a beach, wetland or seaward of the mean high tide lino where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal fekjfff (B) On property located between the sea and tho first public road paralleling tho sea or within threo hundred foot of tho inland extent of any beach or of the mean high tide ofthe sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of ten percent or moro of internal floor aroa of an existing structure or an additional improvement of ten percent or loss where an improvement to the structure had previously boon undertaken pursuant to Public Rosourcos Code Section 10610(a), or an increase in height by more than ton percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks; (G) Any significant alteration of land forms including removal or roplaoomont of vogotation on a beach, wetland, or sand dune, or within fifty feet of tho odgo of a coastal bluff except as provided in subsection (b)(3) of this section. For the purposes of this soction an existing single family rosidontial building shall include all appurtenances and other accessory structures, including decks, directly attached to the residence; accessory structures or improvements on tho property normally associated with residences, such as garages, swimming pools, fences, storage sheds but not including guest houses or self-contained residential units; landscaping on the lot. (2) Improvements to existing structures other than a single family residence or public works facility except: (A) On a beach, wetiand, stream or lake; seaward ofthe mean high tide line; whoro tho structure or improvement would encroach within fifty foot of tho odgo of the coastal bluff; (8) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of tho sea where there is no beach, whichever is the greater distance, any improvement that would result in an increase of ten percent or more of internal fioor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously boon undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by moro than ton percent of an existing structure and/or any significant non attached structure such as garages, fences, shoreline protective works or docks; (G) Any improvement which changes the intensity of uso of a structure; and (D) Any significant alteration of land forms including removal or placement of vegetation on a beach, wetiand, or sand dune, or within ono hundred foot ofthe edge of a coastal bluff or stream except as provided in subsection (b)(3) of this section. Page 127 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3) The following improvements are exempt from the requirements of a coastal permit regardless of location: (A) Landscaping on the lot unless tho landscaping could result in erosion or damage to sensitive habitat areas; (S) Additions resulting in a cumulative increase of less than ten percent of the internal floor area of an existing structure; (G) Repair or maintenance activities not described in Section 21.81.035 (D) Activities of public utilities as specified in tho repair, maintenance and utility hook-up exclusion adopted by tho Coastal Commission, September 5,1978, and as modified from time to timo. 21.81.035 Repair and maintenance activities requiring a coastal development permit. (a) The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse environmental impact: (4) Any method of ropair or maintenance of a seawall, rovotmont, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shorelino work that involves: (A) — Repairer maintenance involving substantial alteration ofthe foundation ofthe protective work including pilings and other surface or subsurface structures; (B) The placement, whether temporary or permanent, of rip-rap, artificial borms of sand or othor beach materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; (G) Tho roplacomont of twenty percent or moro of tho materials of an existing structure with materials of a different kind; or (B) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. (2) Any method of routine maintenance dredging that involves: (A) Tho dredging of ono hundred thousand cubic yards or moro within a twelve-month period; (B) Tho placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive aroa, or within twenty feet of coastal waters or streams; or Page 128 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (G) The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. (3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include: (A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any othor forms of solid materials; (B) Tho prosenco, whether temporary or permanent, of mechanized equipment or construction materials. All ropair and maintenance activities govornod by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing administrative and emergency permits. Tho provisions of this section shall not bo applicable to those activities specifically described in the document entitled ropair, maintonanco, and utility hook-ups, adopted by the Coastal Commission on September 5,1978. (fe) Unless destroyed by natural disaster, the roplacomont of fifty percent or moro of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. 21.81.040 Application- Application for a coastal development permit shall be made in accordanco with the procedures set forth in this section. (a) An application for a permit may bo mado by tho record owner or owners of the property affected or the authorized agent of tho owner or owners. Tho application shall bo filod with the diroctor upon forms provided by the director and shall bo processed in accordance with Soction 21.5^ .010 of this code. (fe) At the time of filing the application the applicant shall pay a processing fee in an amount specified by city council rosolution. (e) If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been sop/od upon them of tho ponding application, or as ovidonco of their opinion on the pending issue, but they shall in no case infringe upon the free exorcise of tho powers vested in tho city as roprosontod by the planning commission and the city council. Tho application shall be accompanied by a fee in the amount established by city council resolution. No application shall be accepted or doomed accepted until the appropriate foo or foos havo boon paid. Page 129 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4)-—Whenever the development would require a permit or approval under the provisions of this titie, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this titlo and the coastal permit may be consolidated into one application. (e) The director may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantially losson any significant effect on tho environment which may be caused by tho devolopment. 21.81.050 Duties of housing and redevelopment director—Exemptions—Emergency permits. (a) After the application has been accepted as complete tho director shall determine if the project is exempt from tho requirements of this chapter pursuant to Soction 21.81.030. No permit shall be required for a project which is exempt from the requirements of this chapter. Tho director shall maintain a record of all determinations made on projects exempt from the requirements of this chapter. The records shall include tho applicant's name, an indication that the project is located in the coastal zone, the location of the project, and a brief description ofthe project. The record shall also include the reason for exemption. Tho diroctor shall determine the exemption based on tho certified local coastal program, including maps, categorical exclusions and othor exemptions, land use designations and zoning ordinances. The director shall inform the applicant whether the project is exempt (and whether in the "appealable area," if not exempt) within ten calendar days of the dotormination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with tho determination, the applicant (or director) can request the opinion ofthe Coastal Commission's executive director in accordanco with 1-1 Code of California Regulations Section 13569. (fe) The director may issue emergonoy permits in accordanco with Section 21.81.150 21.81-055 Administrative coastal dovolopmont permits. (a) The director may issue all coastal development permits related to administrative village review permits and administrative variances as defined in Seotiens 21.35.070 and 21.35.090(0) of this code. The coastal development pormit shall bo processed concurrentiy with the administrative village review permit If the project includes permits or other discretionary approvals outside the director's administrative permit authority, the administrative permit aspects shall be consolidated with the other matters and submitted to the plonning commission in accordance with Soction 21.81.060 (fe) Ifthe project is in the non appealable area ofthe coastal zone, tho director shall give notice of pending development approval in writing, within ten calendar days after the application is complete, as follows: (4) Contents. The notico shall include all the matters required by 14 Codo of California Regulations Section 13568 (b), including statement of a public comment period of at Page 130 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) least ten calondar days sufficient to roceive and consider comments submitted by mail prior to the dato established for the decision. (2) Recipients. The notice shall bo sent by first class mail to: (A) Any person requesting to be on the mailing list for tho project or for coastal decisions; and (B) All property ownors and residents within ono hundred foot ofthe project perimeter; and (G) Tho Coastal Commission. (G) The director may approve, approve with conditions, or deny the permit. Tho decision shall bo based upon tho roquiromonts of, and shall include spocific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 ofthe Coastal AGt)r (4) The director's decision shall bo the final local action and shall be made in writing. The dato of the decision shall bo tho date the writing containing the decision or determination is mailed or othonwiso delivered to tho person or persons affected by tho decision or determination. The director shall givo notice ofthe final local decision in accordanco with Soction 21.81.120 of this code. (e) The effective dato of the director's decision and the method for appeal of such decision shall bo governed by Soction 21.5-1.1^0 of this code. The director shall give notice of final local decision on the appeal in accordanoo with Section 21.81.120 (f) If the project is within the appealable area of the coastal zone, the diroctor shall give notice of a public hearing to bo held before the director to consider said application in accordance with Section 21.81.100. Tho notico shall contain tho matters and be mailed at the time and in the manner required by 14 CCR Section 13565. Tho director shall conduct the public hearing generally in the samo manner as a public hearing before the planning commission. Following the public hearing before the diroctor, the director shall issue a written notice of tho decision in tho samo manner and to tho samo persons as for a non appealable area docision set forth in subsections (c) and (d) of this section. The director's decision may be appealed in writing to the planning commission in the same manner as for non-appealable area docision sot forth in subsection (e) of this section. The director shall give notice ofthe final local decision in accordance with Section 21.81.120. (§) If tho project does not qualify for an oxomption, an administrative pormit or an emergonoy permit thon the director shall sot the matter for a public hearing before tho planning commission. The coastal permit may be set for hearing concurrentiy with any other discretionary permit or approval for tho project 21.81.060 Transmittal to planning commission. Page 131 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Unless the development is exempt, qualifies for an emergency permit, or qualifies for an administrative village review/coastal development permit, the director shall transmit the application, together with a recommendation thereon, to the planning commission and give notice for public hearing thereon in accordanco with Sections 21.5-1.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary pormit or approval required for the project. 21.81.070 Planning commission action. After a public hearing the planning commission may approve, conditionally approve or dony the application, unless the application includes a major village review pormit. Ifthe application includes a major village review pormit, tho commission's action shall be a recommendation to the city council. No recommendation for approval, approval or conditional approval shall bo given unless tho planning commission finds that the dovolopmont is consistent with the provisions ofthe local coastal program for the coastal zone and, if applicable, in conformity with the public access and public recreation policies of Chaptor 3 of the California Coastal Act. 21.81.080 Effective date of order—Appeal of planning commission decision. (a) Tho effoctivo date of tho planning commission's decision and tho method for appeal of such decision shall be governed by Section 21.54.150 of this code. (fe) The decision of the city council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (e) Ifthe dovolopment for which a coastal development pormit also requires other discretionary permits or approvals for which tho planning commission is not given final approval authority, then the planning commission action on the coastal development permit shall be deemed a recommendation to the city council. 21-81.090 City council action. If tho application for the coastal dovolopmont pormit is for a major villago roviow/coastal development, is consolidated with other discretionary permits or approvals, pursuant to this code for which tho planning commission does not have final approval authority, or is a timely appeal, tho city council shall hold a public hearing on the coastal development permit application. At the public hearing, the city council shall consider the planning commission's action or recommendation, shall consider the evidence presented at the public hearing, review tho matter, and shall approve, conditionally approve or disapprove the coastal development pormit, approval or appeal. No approval or conditional approval shall bo given unless the city council finds that tho dovolopment is consistent with tho provisions of tho Carisbad village master plan and design manual as certified by tho Coastal Commission and which constitute the local coastal program, and, if applicable, with the public access and recreation policies of Chapter 3 ofthe Coastal Act. The decision ofthe city council is final. Page 132 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.81.100 Public hearings. Whenever a public hearing is required by this chapter, notice of the hearing shall be given as provided in Sections 21.54.060(1) and 21.54.061 of this code. When tho hearing on a coastal development permit is consolidated with the hearing on a tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. 21.81.110 Appeals to Coastal Commission. (a) The following developments, due to their type or location, are within the appeal jurisdiction ofthe Coastal Commission. Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless othorwiso noted. Exhaustion of all local appeals must occur before an application may be appealed to the commission. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on filo in the planning department (4) Developments on property located between the sea and the first public road paralloling the sea or within three hundred foot of the inland extent of any boaoh or of the mean high tide of tho soa where there is no beach, whichever is tho groator distance. (2) Developments on property located within three hundred feet ofthe top of the seaward face of any coastal bluff, or within one hundred feet of any wetiand, estuary or stream. (3) Any decision approving or denying a development which constitutes a major public works project or a major energy facility. (fe) The appeal shall bo filod at the local district office not later than twenty working days after the date of tho receipt of tho noticed final local action by that district office. No city permit shall be issued or doomed approved until an appeal, if any, to tho Coastal Commission has been resolved. (G) Non appoalablo Development Decisions on applications for developments which are not ofthe type described above aro not appealable to the Coastal Commission. Decisions denying any Coastal Act permit for an appealable development described above are not appoalablo to the Coastal Commission with the exception of decisions on major public works projects and major energy facilities. 21.81.115 Coastal dovolopmont permits issued by the Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of tho Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning department The applicant for any projoct which requires a coastal development pormit issued by the Coastal Commission shall obtain discretionary approvals required by this code priorto filing an application with the Coastal Commission for said coastal devolopmont permit. Page 133 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21-81-120 Notice of final local action- Within seven working days of a final local action on an application for any coastal development, or any approval which occurs by operation of law, the diroctor shall provide notice of the action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting an addressed, stamped envelope to the city. Such notice shall include any conditions of approval and written findings and, if the matter is appealable to the Coastal Commission, procedures for appeal ofthe local action to tho Coastal Commission. 21-81-130 Effective date of permit. Coastal dovolopmont permits for projects which are not appealable to tho Coastal Commission shall be valid upon the mailing ofthe notice of final local action unless the notice of final local action does not comply with tho requirements of Section 21.81.120. Coastal development permits for projects which are appealable to the Coastal Commission shall be valid upon the expiration of twenty working days from the date of receipt at the local district office of the notice of final local action provided that the notice complies with tho requirements of Section 21.81.120 and, further providod, that an appeal ofthe decision has not boon filod with tho Coastal Commission. 21-81-140 Review of recorded documonts. (a) All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall not be effective until completion of the following procedures: (4) Tho city council shall review, revise if necessary, and accept the easement or land; (2) The city clerk shall record the requisite legal documents; (3) The city clerk, upon recordation of tho documents, shall fonward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or city department shall be responsible for the operation and maintenanoe of the accessway or open space/conservation area, to tho executive director ofthe coastal commission. (fe) All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to review and approval by the executive director ofthe coastal commission. (4) Upon completion of permit review by the city and prior to the issuance of tho pormit, tho city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to tho executive director of the Coastal Commission for review and approval ofthe legal adequacy and consistency with the requirements of potential acoopting agencies; Page 134 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) The executive director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (S) The city may issue the permit upon expiration of the fifteen working day period if notification of inadequacy has not been received by the city within that time period; and (4) Ifthe executive director has recommended revision to the applicant, the permit shall not be issued until the deficiencies have been resolved to tho satisfaction of the executive director. 21.81.150 Application for emergency permits. (a) Applications in case of emergency shall bo made by letter to the planning director or in person or by telephone, if time does not allow. Emergency means a sudden, unoxpootod occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (fe) The following information shall bo included in tho roquost: (4) Nature of the emergency; (2) Cause of the emergency, insofar as this can bo ostablishod; (5) Location of the emergency; (4) Tho remedial, protective or preventive work required to deal with the emergency; and (5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. (o) The director shall verify tho facts, including tho existence and the nature of the emergency, insofar as time allows. (4) The director shall provide public notice ofthe emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. (o) The director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the director finds that: (4) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and tho work can and will be completed within thirty days unless otherwise specified by the terms of the permit; (2) Public comment on the proposed emergency action has been reviewed, if time allows; and Page 135 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3) The work proposed would be consistent with the requirements of the eortified land use plan. (f) The diroctor shall report, in writing, to tho city council, at its first schodulod mooting after the emergency permit has been issued, the nature ofthe emergency and the work mvolved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the director shall be informational only; the docision to issue an emergency pormit is solely at tho discrotion ofthe diroctor subject to the provisions of this chapter. (§) Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Soction 21.81.115 shall be roferred to tho Coastal Commission for roview and issuance. 21.81.160 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any othor pormit or approval roquirod for the project, including any extension granted for othor permits or approvals, but in no event shall this period exceed fivo years without extension of time, if a building permit has not been issued for the project. Should the project require no permits or approvals othor than a coastal development permit, the coastal development permit shall expire ono year from its dato of approval if a building pormit has not boon issued for the firojoct during that timo. Not more than ninety or less than forty five days prior to the expiration of a coastal development permit tho permittee may apply to the planning commission for an extension of the permit. Tho application for an extension shall bo processed pursuant to the provisions of Sections 21.81.070, 21.81.100 and 21.81.110 of this chapter. An extension shall bo approved only if it is found that there has boon no change of circumstances in relation to coastal resourcos since the original granting ofthe permit Ifthe planning commission finds that there has been a change of oircumstances in relation to coastal resourcos since the original granting of- tho pormit the application for tho extension shall be denied or conditionally approved. The docision of tho planning commission may be appealed pursuant to tho provisions of Section 24.81.080. If a complete application for an extension has been timely filed, the planning commission or the city council on appeal may grant the extension after the expiration date provided that the final decision is made not later than forty-five days after the expiration date. 24-81-165 Amendment to coastal dovolopment permit. An amendment to a coastal development permit issued by the city shall be processed in tho samo manner as an original application for a coastal development permit. Page 136 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.83 CHILD CARE List of Sections in Chapter 21.83 21.83.010 Purpose 21.83.020 Definitions 21.83.030 Exclusions 21.83.040 Use chart 21.83.050 Requirements for large family day care homes 21.83.060 Child day care centers in the P-M and C-M zones 21.83.070 Child day caro oontors bv administrative permitReserved 21.83.080 Development standards for child day care centers 21.83.040 Section 21.83.040 through 21.83J70 Use Chart The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter. npii "LDCP" indicates that the use is permitted in the zone. indicates that the use is permitted subiect to approval of a large family day care permit, processed in accordance with Section 21.83.050 of this chapter. indicates that the use is permitted subject to approval of an administrative peprmta minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this title. indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 of this titie. indicates that the use is prohibited in the zone. "AMCUP" "CUP" "X" Zoning Small Family Day Care Home (8 or fewer children) Large Family Day Care Home (14 cr fewer children) Child Day Care Center R-A, R;E, E-A P LDCP P(1) X R-1 P LDCP P(1) X R-2 P LDCPP(I) X R-3, RD-M, R;P P LDCPPd) AMCUP(2)(3) R:T, R:W, RMHP P LDCPPd) X 0 X X AMCUP(2)(3) H-0 X X P(32) C-F X X AMCUP(2)(3) C-1, C-2, C:L X X P(S2) P:M, C:M X X CUPfS) M, P;U, 0;S, L=C, T::C, dT X X X V-R, PzC (4) LDCP(1)(4) (2)(3)(4) Page 137 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling^ by ministerial approval without a public hearing and subject to the provisions of Section 21.83.050 of this chapter. 2. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this chapter. 3n Permitted subjoct to tho provisions of Section 21.83.080 of this chapter and the requirements of any controlling document (e.g., site development plan). 3. Child dav care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit reguired) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter. 4. Permitted subject to the standards of the controlling document (Carisbad Village Master Plan and Design Manual or designated master plan) and the provisions of Section 21.83.080 of this chaptor. 5. Permitted subiect to the provisions of Section 21.83.060 and 21.83.080 of this chapter. 21.83.050 Requirements for large family day care homes All large family day care homes shall comply with the following development requirements: A. The applicant shall obtain all licenses and permits required by state law for operation ofthe facility and shall keep all state licenses or pennits valid and current. B. Large familv day care permit. No large family day care home shall operate without first obtaining a large family day care permit issued by the city. 1. Application and fee. a. An application for a large family day care permit may be made by the owner ofthe property affected or the authorized agent ofthe owner. The application shall: L Be made in writing on a form provided by the citv planner: ii. State fully the circumstances and conditions relied upon as grounds for the application: and iii. Be accompanied bv adeguate plans, a legal description of the property involved and all other materials as specified by the city planner. iv. Applicants who reside on rented or leased propertv shall provide proof of written notice to the landlord or owner of the property that thev intend to operate a family dav care home on the rented or leased premises in accordance with Section 1597.40 of the California Health and Safety Code. Page 138 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted bv the citv council. 2. Decision-making authority. a. The city planner shall approve the large family day care permit if the city planner finds that the reguest complies with the reguirements of this section. 3. Announcement of decision and findings of fact a. When a decision on a large family dav care permit is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 4. Effective date and appeals. a. The decision of the city planner made pursuant to this section shall become effective or mav be appealed in accordance with Section 21.54.140 of this titie. 5. Expiration, extensions and amendments. a. The expiration period for a large family day care permit shall be as specified in Section 21.58.030 of this titie. b. A large family dav care permit mav be extended pursuant to Section 21.58.040 of this title. c. A large family day care permit may be amended pursuant to Section 21.58.124 of this title. B. Applicants who reside on rented or leased property shall provide proof of written notice to the landlord or owner of the property that thoy intend to oporoto a family day caro homo on the rented or leased premises in accord with Soction 1597.40 ofthe California Hoalth and Safety Codo. C. Development Standards. JL The facility shall comply with all zoning standards othenwise applicable to other single-family residences, however, the use of a detached, single-family dwelling for the purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of this code. 02. The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Titie 24 of the California Code of Regulations as amended from time to time. £3. The subject site shall not be located closer than one thousand two hundred lineal feet from any other large family day care home on the same street. Page 139 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) An outdoor play area which satisfies the requirements of the state, community care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The provider shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall stagger the number of children playing outdoors at any one time to reduce noise impacts on surrounding residences. G5. All outdoor play areas shall be adequately separated from vehicular circulation and parking areas by a strong fence such as chain link, wood or masonry. i=l6. Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway. t7. The applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. Said driveway shall remain free and clear of parked cars. 8.Jr The applicant shall require that employees park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home. Kr Largo family day care home providers shall mako written application to the director and shall include all materials doonfiod necessary by tho diroctor to show that the requirements of this soction are met The director shall grant tho pormit without a hearing if all the requirements of this section are satisfied. The decision ofthe director shall be made within fifteen working days of the receipt of a complete application and provided to the applicant in writing. Tho effective date of tho docision of the director and tho method for appeal of such decision shall be in accordanco to tho procedures set forth in Section 21.54.140 of this titie. 21.83.060 Child day care centers in the P-M and C-M zones A Child day caro centers are permitted in accordance with Section 21.83.040 subject to the following limitations: 4A. Child day care centers are permitted tin the P^M and C;M zonesT with a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title, and subiect to Section 21.83.080 of this chapter and subject to the following provisions: (a)l. The applicant shall conduct an evaluation of the health and safety risks associated with the proposed child day care center. The evaluation shall include a survey of all businesses within one thousand feet of the proposed child day care center to determine the nature and quantity of hazardous materials in use nearby. If the conditional use permit is granted, thereafter, the provider shall conduct similar annual evaluations and disclose results to the fire chief and city planner. The evaluations must demonstrate to the satisfaction of the fire chief and city planner that the occurrence of the following within one thousand feet of the child care center presents no significant health or safety risks to the occupants: (4)a. Use or storage of acutely hazardous materials in amounts above the threshold planning quantities (TPQs); Page 140 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) b. Use or storage of more than ten thousand gallons of fiammable liquids; or (3) c. Use or storage of more than one thousand five hundred pounds of flammable compressed gas. (fe)2. Prior to enrollment of the child in the child day care center, the provider shall, in writing, inform the child's parents that their child(ren) may be subject to health and safety risks due to the presence, use and discharge of hazardous materials (including acutely hazardous materials above the TPQs) in the area. Parents shall also be informed that the provider may be required to retain custody of their children for extended time periods during an emergency. (e)3. Prior to occupancy, the provider shall prepare and obtain approval by the fire chief of an emergency operating plan which prescribes procedures to be followed during the existence ofthe child day care center which ensure the following: (4) a. That children can be evacuated from the building within five minutes and relocated to a predetermined refuge area(s) within ten minutes of emergency notification; and (2)b. Quarterly exercise ofthe plan. (d) 4. The applicant shall enter into an agreement with the city to discontinue operation of the child day care center immediately upon the discovery of the existence of hazardous materials as described in Section 21.83.060A.1.(a) above when such materials are found by the fire chief and city planner to present a health and safety risk to children attending the child day care center. The applicant shall have ninety days to mitigate, to the satisfaction of the fire chief, the impacts created by the use of said hazardous materials. If impacts are not mitigated within ninety days, the conditional use permit for the child day care center shall become null and void. The applicant shall agree to indemnify and hold the city and its officers, employees, and agents free and harmless from any claims, actions, damages, costs, or expenses arising from exposure of children to hazardous substances as a result of the presence of the former in or near the child day care center. The fire chief or city planner are authorized to enter into the agreement on behalf of the city. (e) 5, The applicant shall submit a conversion plan at the time of application which demonstrates to the satisfaction of the city planner and the fire chief that the child day care center could be converted to a use permitted within the zone if the conditional use as a child day care center is discontinued. (f) 6. Upon acceptance of a complete application and payment of the required fees, the city planner shall process the application in accordance with Chapter 21.524 of this titie except that notices shall be given to all property owners within one thousand feet ofthe subject property. 2^ As a permitted use within existing buildings on developed church or school sites, except in industrial zones, and subject to the provisions of Section 21.83.090 of this chapter. ^. In the R-3, RD-M, RP and O zones, with an administrative permit, subject to the provisions of Sections 21.83.070 and 21.83.080 of this chaptor. Page 141 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4-. In the HO, C-1 and C-2 zones, as a permitted uso subject to the provisions of Soction 21.83.080 of this chaptor. 21 -83.070 ReservedChild day care centers by administrative permit Child day care centers may be approved by administrative permit in zones specified therefore in Section 21.83.040 of this chapter. The owner of the subject property shall make written application to the director. Such application shall include all materials doomed necessary by the director to show that the requiromonts of Soction 21.83.080 of this chapter are met. If the site is in the coastal zone, the application shall also constitute an application for a coastal development permit. A The director shall give written notice to all property ownors within throe hundred feet of the subject property of pending development decision after the application is complete, at least fifteen working days prior to tho decision on the application as follows: 4. Contents. The notice shall include all requirements of Section 21.54.061 of this code, including a notico of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to the date established for tho decision. The notice shall also include a statement that a public hearing shall be held upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal approval of tho administrative permit by the director to the planning commission. & The director may approve, approve with conditions, or deny the permit The director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (A)(1) of this section and a request for a public hearing has not been roceivod by the city within fifteen working days from tho dato of sending tho notice. If a request for a public hearing is roceivod, a public hearing before the diroctor shall bo hold in tho same manner as a planning commission hearing. In either event, the director's decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is not in conformity with tho requirements of Section 21.83.080 of this chapter. The director's docision shall bo made in writing. Ifthe matter includes a coastal dovolopmont permit unless the decision is appealed to the planning commission, the director shall provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the director's written decision. G^ The effective dato of tho director's docision and the method for appeal of such decision shall be in accordance with the procedures set forth in Section 21.54.140 of this titie. Ifthe matter includes a coastal development permit, the director shall give notice of final action on the appeal in accordanco with Sections 21.201.160 and 21.201.170 of this titlo. Page 142 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.84 HOUSING FOR SENIOR CITIZENS Section 21.84.040 21-84-040 Use table A Housing for senior citizens is permitted subject to the approval of a minor site development plan (MSDP) or site development plan (SDP) in certain zones as indicated in the following table: Table A Zone Housing for Senior Citizens R-3 MSDP/SDP- R-P MSDP/SDP'' ^ R-T MSDP/SDP^ R-W MSDP/SDPi RD-M MSDP/SDP^ V-R See note 3, below P-C See note 3, below Note: Housing for Senior Citizens is prohibited in those zones not indicated. Housing for senior citizens with four units or less shall be subject to the approval of a minor site development plan, and housing for senior citizens with five units or more shall be subiect to the approval of a site development plan. ^The city may approve a minor site development plan or 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 - Carisbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. Section 21.84.080 arid 21.84.090 21.84.080 Application process A. Preliminary Review Application. A preliminary review application may be submitted prior to the submittal of a formal application (note - if the project includes a request for a density bonus, a preliminary review application is required). 1. The preliminary review application shall include the following information: a. A brief description of the proposal including the total number of senior units, density bonus units and affordable senior units proposed; b. The general plan and zoning designations and assessor's parcel number(s) of the project site; Page 143 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing contours and proposed grading; and d. A letter identifying what specific incentives (i.e., density bonus, standards modifications or financial incentives) are being requested ofthe city, if any. 2. After review of the preliminary application, the planning division shall provide to an applicant a letter identifying project issues of concern to staff, and the incentives or assistance that the city planner can support when making a recommendation to the final decision-making authority. B. Formal Application. Except as othenwise provided in this chapter. Aa minor site development plan or site development plan for proposal to develop housing for senior citizens shall be processed in accordance with the provisions of Chapter 21.06 of this titleunder a site development plan (SDP) application in addition to any othorwiso required application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.). The site development plan application shall be processed according to the provisions of Chapter 21.06 of this code, excluding Section 21.06.020B-^. The findings for approval of a minor site development plan or site development plan for housing for senior citizens are specified in Section 21.84.0890 of this chapter. 1. In addition to the application reguirements specified in Chapter 21.06. Aa minor site development plan or site development plan application for housing for senior citizens completed application shall include the following information: a-. A legal description of the total site proposed for development including a statement of present ownership and present and proposed zoning; fea. If a density bonus or other incentives are requested, a letter shall be submitted signed by the present owner stating how the project will comply with Government Code Section 65915 and stating what is being requested from the city, (i.e., density bonus, modification of development standards or other additional incentives); G-. Site plans and other supporting plans (i.e., a landscape plan, building elevations and floor plans) as por tho city's application submittal requirements; 4b. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation center, medical facilities or other related uses and services likely to be patronized by senior citizens; ec. A set of fioor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doonways, hallways, closets and cabinets; fd. A fioor plan of the first fioor or other fioor showing any common areas and accommodations; §e. A monitoring and maintenance plan; and }fh Any additional information required as per the city's application submittal requirements. Page 144 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. The decision-making authority for the minor site development plan or site development plan shall be as specified in Chapter 21.06 of this title, unless tf-the project involves a request for financial incentives from the city. If financial incentives are reguested. the city council shall have the authoritv to approve, conditionally approve or deny: then any decision on such a request shall be made by the city council upon recommendation from the housing commission. In addition, ifthe project involves a request for financial incentives then the city council shall have tho authority to make tho final docision on tho sito dovolopmont plan and other related development applications (i.e., tentative maps, parcel maps, planned unit developments, etc.), after consideration of a recommendation from the planning commission. a. The minor site development plan or site development plan, upon a recommendation from the planning commission, and b. The reguest for financial incentives, upon a recommendation from the housing commission. C.^ Building permit. At the time of plan submittal for building pennits, in addition to other reguired information, the applicant shall submit a set of detailed drawings for kitchens and bathrooms indicating counter and cabinet heights and depth, type of pulls, faucets, grab-bars, tub and/or shower dimensions, and handicapped turn space where appropriate. 21.84-090 Findings for approval A. A minor site development plan or site development plan for housing for senior citizens shall be approved only if the following findings are made: 1. The project is consistent with the various goals, objectives, policies and programs ofthe general plan, the provisions of municipal code title 21 (zoning ordinance), the local coastal program (if applicable), and/or the provisions of an applicable master or specific plan; 2. The project site is adequate in size and shape to accommodate the proposed project; 3. The project is properiy related to and will not adversely impact the site, surroundings and environmental settings, and will not be detrimental to existing uses specifically permitted in the area in which the proposed project is to be located; 4. The project shall not result in density or design that is incompatible with other land uses in the immediate vicinity, and the project will provide and maintain all yards, setbacks, walls, fences, landscaping, and other features determined necessary to provide compatibility with existing or permitted future uses in the neighborhood; 5. The street system serving the proposed project is adequate to properiy handle all traffic generated by the project; and 6. The request for a density bonus and/or additional incentive(s) is consistent with the provisions of Chapter 21.86 of this code. (This finding shall only apply to projects requesting a density bonus and/or additional incentives). Page 145 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.90 GROWTH MANAGMENT Section 21.90.050(c) (c) The amount of the fee for a local facilities management zone shall be set by city council resolution after a public hearing, published notice of which shall be given according to Section 21.54.060(A2) and Government Code Section 54992. Section 21.90.100(c) (c) The zones shall be established by resolution after a public hearing notice of which is given pursuant to Section 21.54.060(A2) of this code. Section 21.90.125(a) (a) Facilities management plans shall be reviewed according to the following procedure: (1) A completed facilities management plan complying with this chapter, and accompanied by a processing fee submitted to the planning director for processing. Ifthe planning director determines that the plan complies with the provisions of Section 21.90.110 the director shall set a facilities management plan for public hearing before the planning commission within sixty days of receipt of a complete application. (2) The hearing shall be noticed according to the provisions of Section 21.54.060(.A.2). A staff report containing recommendation on the plan shall be prepared and furnished to the public, the applicant, and the planning commission priorto the hearing. (3) The planning commission shall hear and consider the application for a facilities management plan and shall by resolution prepare recommendations and findings for the city council. The action ofthe commission shall be filed with the city clerk, and a copy shall be mailed to the owners within the facility zone. (4) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of Section 21.54.0604.A.24. (5) The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve or deny a facilities management plan. The city council may include in the resolution adopting the facilities management plan any fees or facilities improvement requirements which it deems necessary to impose on development projects within the zone in order to implement the city- wide facilities and improvement plan and the local facilities management plan. AMENDMENTS TO CHAPTER 21.95 Page 146 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) HILLSIDE DEVELOPMENT REGULATIONS List of Sections in Chapter 21.95 21.95.010 Purpose and intent 21.95.020 Definitions. 21.95.030 Applicability of minor hillside development permit and hillside development permit 21.95.040 Exemptions from minor hillside development permit and hillside development permit 21.95.050 Amendments to hillside development permitsApplication and fees 21.95.060 ApplicationNotices and hearings 21.95.070 Review processDecision-making authority 21.95.080 Appeals 21.95.0Q80 Required findings 21.95.090 Announcement of decision and findings of fact 21.95.100 Effective date and appeals 21.95.110 Expiration, extensions and amendments 21.95.1020 Minimum development of hillside lands 21.95.1430 Hillside mapping procedures 21.95.1240 Hillside development and design standards 21.95.430-150 Exclusions 21.95.440-160 Modifications to the development and design standards. Section 21.95.030 through 21.95.160 21.95-030 Applicability of minor hillside development permit and hillside development permit A. Unless exempt pursuant to Section 21.95.040 of this chapter. Nno person shall grade, or erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet without first obtaining a minor hillside development permit or hillside development permit pursuant to this chapter. B. A minor hillside development permit shall be reguired. except as specified in subsection C of this section. C. A hillside development permit shall be reguired if the permit application is processed concurrently with anv other permit(s) for which the Planning Commission or Citv Council is the decision-making authority. B.Any application for a hillside development permit which was deemed complete prior to the effective date of the ordinance roonacting this chapter, shall not be subject to the amended provisions of this chapter but shall bo processed and approved or disapproved pursuant to the ordinance superseded by the ordinance codified in this chapter. Page 147 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.95.040 Exemptions from minor hillside development permit and hillside development permit A. Notwithstanding tho provisions of Section 21.95.030, tThe following developments are exempt from the reguirement to need not obtain a minor hillside development permit or hillside development permit, provided that the development complies with Section 21.95.1240 of this chapter and the city's hillside development and design guidelines: 1. The development of one single-family dwelling unit on a residentially zoned lot; 2. On a single lot, the additional development (i.e.; regrading, slope alteration or building encroachment) of or upon any manufactured slope with a gradient of forty percent or greater and an elevational difference (height) of fifteen feet or greater which has been previously graded consistent with an authorized grading permit; 3. The development (trenching, utility construction and backfilling) of underground utility systems. B. Any development exempted by 21.95.040(iA) above, which does not comply with Secfion 21.95.1240 and the city's hillside development guidelines, must submit an application for a hillside development permit or hillside development permit amendment in order to obtain an exclusion from or modification to the development and design standards pursuant to this chapter.G. Any project that has roceivod final approval of a hillside development permit prior to the effective date of the ordinance codified in this chapter is exempted from the provisions of this chapter, provided that such permit or approval has not expired or is not othenvise revoked, and the development is in accordance with the existing hillside development permit and related approvals. 21.95.050 Amendments to hillside development permitsApplication and fees A. An application for a minor hillside development permit or hillside development permit may be made bv the owner of the propertv affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by: a. A legal description of the property involved. b. Adeguate plans that allow for detailed review pursuant to this chapter and demonstrate compliance with the hillside mapping procedures in Section 21.95.130. c. All other materials as specified by the city planner. Page 148 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. A^ An amendment to a hillside development pormit shall bo processed in the same manner as an original application for a hillside development permit. B. Unless exempted by Section 21.95.040, a hillside development permit amendment shall be required for any portion of a project which has a hillside dovolopmont permit that is proposed for redesign and otherwise requires a hillside development permit per Section 21.95.030. 21.95.060 Application. Application for a hillside development permit shall be made in accordance with the procedures sot forth in this section. A-. An application for a hillside development permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the planning director upon forms provided by the director. The application shall bo aocompaniod by adequate plans, which allow for detailed roview pursuant to this chaptor and demonstrate compliance with hillside mapping procedures in Section 21.95.110, a legal description ofthe property and all other materials and information specified by the director. & At the time of filing the application, the applicant shall pay a processing fee in an amount specified by city council resolution. 21.95-060 Notices and hearings A. Notice of an application for a minor hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. B. Notice of an application for a hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. 21.95.070 Decision-making authoritv A. Applications for minor hillside development permits and hillside development permits shall be acted upon in accordance with the following: 1. Minor hillside development permit a. An application for a minor hillside development permit may be approved, conditionally approved or denied by the citv planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. b. The city planner mav approve or conditionally approve the minor hillside development permit if all of the findings of fact in Section 21.95.080 of this chapter are found to exist. 2. Hillside development permit Page 149 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. An application for a hillside development permit may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.040 of this title. b. The decision on a hillside development permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. c. The decision-making authoritv shall hear the matter, and may approve or conditionally approve the hillside development permit if all of the findings of fact in Section 21.95.080 of this title are found to exist. 21.95.070 Review process. A: Hillside Development Permit An application for a hillside development permit or hillside development permit amendment shall be processed and approved concurrently with any othor dovolopmont permits required by Tities 11,18, 20 or 21 of this codo. Tho samo decision making body or official which has the authority to finally approve, conditionally approve or dony the other development permits required for the project shall have the authority to finally approve, conditionally approve or deny a hillside development permit Amendments to hillside permits shall be acted on by the samo docision making body that approved tho original hillside pormit and any subsequent hillside permit amendments. B-. Exemptions. Development satisfying the hillside devolopment permit exemptions, set forth in Section 21.95.040(A), shall be evaluated for compliance with Section 21.95.120 and the hillside development and design guidelines through required grading plan and/or building plan review processes. 21.95.080 Appeals. A Hillside Dovolopment Permits. The decision ofthe final decision-making body or official is final and offoctive ton calendar days after the adoption of the resolution or written decision, unless within such ten-day period the applicant or any other interested person files a written appeal utilizing the same appeal procedure applicable to the other permits which are processed concurrently with the hillside development permit. If no other discretionary permits are being processed concurrently with the hillside dovolopment permit, thon the appeal procedures contained in Section 21.54.140 shall apply. & Decisions regarding hillside development permit exemptions, which are reviewed through tho grading plan and/or building plan review processes, may be appealed to the city council utilizing the samo appeal procedure applicable to grading permits and/or building permits. 21.95.090080 Required findings A. No minor hillside development permit or hillside development permit shall be approved unless the decision-making body or officialauthority finds that: Page 150 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properiy identified; 2. The project complies with the purpose and intent provisions of Section 21.95.010 of this chapter; 3. The project complies with Section 21.95.1240 of this chapter, and Section 21.95.440-160 if a modification to the development and design standards is approved; 4. The project design substantially conforms to the hillside development guidelines manual. 21.95.090 Announcement of decision and findings of fact A. When a decision on a minor hillside development permit or hillside development permit is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 21-95-100 Effective date and appeals A. Decisions on minor hillside development permits and hillside development permits shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this titie. 21-95-110 Expiration, extensions and amendments A. The expiration period for an approved minor hillside development permit or hillside development permit shall be as specified in Section 21.58.030 of this title. B. The expiration period for an approved minor hillside development permit or hillside development permit may be extended pursuant to Section 21.58.040 of this titie. C. An approved minor hillside development permit or hillside development permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. 1. Unless exempted by Section 21.95.040. an amendment to a minor hillside development permit or hillside development permit shall be reguired for any portion of a project which has a minor hillside development permit or hillside development permit that is proposed for redesign and otherwise reguires a minor hillside development permit or hillside development permit per Section 21.95.030. 21.95.400120 Minimum development of hillside lands The provisions of this chapter shall be applied so as to: A. Not preclude a reasonable use of a legal parcel which includes hillside conditions as regulated by this chapter; B. Not preclude the efficient and safe provision of public facilities or services to any legal parcel; and Page 151 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. Allow development of at least one single-family dwelling unit per parcel described in subsection (A) of this section. 21.95.440130 Hillside mapping procedures A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals which propose grading or development of slopes which have a gradient of fifteen percent or more and have an elevation differential greater than fifteen feet. A. Slope Analysis. The slope analysis shall identify the acreage of all natural and manufactured slopes within each ofthe following slope categories. 1. 0—less than 15% slopes 2. 15—less than 25% slopes 3. 25—40% slopes and 4. Slopes greater than 40% a5. Percentage of slope is determined by: Vertical Distance (Contour interval) x 100 = % Slope Horizontal Distance (Distance between contour intervals) B. Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be included with the submittal ofthe slope analysis on the constraints map. Slope profiles shall: 1. Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; 2. Show both existing and proposed topography, structures and surface infrastructure. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line; 3. Include the slope profile for at least one hundred feet outside of the project site boundary or adjacent public street; 4. Be drawn along those locations of the project site where: a. The greatest alteration of the existing topography is proposed, b. The most intense or bulky development is proposed, and Page 152 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. The site is most visible from surrounding land uses; 5. Two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty-five degree angle to the other slope profiles and existing contour lines. C. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section. D. Development which is exempt per Section 21.95.040 or excluded per Section 21.95.1550 is generally exempt from the hillside mapping requirements of this section except in cases where the city planner determines that hillside mapping is necessary to assess project compliance with the hillside ordinance. 21.95.420140 Hillside development and design standards The provisions of this section shall apply to all projects that propose to grade, erect or construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet. A. Coastal Zone Hillside Development Regulations. 1. All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carisbad Municipal Code and the slope protection policies ofthe applicable local coastal program segment. Additionally, all hillside development processed pursuant to this chapter shall be consistent with all applicable provisions and policies of the certified local coastal program(s) and shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in case of conflict between this section and any other provision of Chapter 21.95, Hillside Development Regulations, this section shall apply. B. Development of Natural Slopes of Over Forty Percent Gradient. 1. Natural slopes which have all of the following characteristics shall be undevelopable: a. A gradient of greater than forty percent; and b. An elevation differential of greater than fifteen feet; and c. A minimum area often thousand square feet; and d. The slope comprises a prominent land form feature. 2. Outside the coastal zone, projects which propose the development of natural slopes defined in Section 21.95.1240(B)(1) shall nevertheless be allowed, only ifthe Page 153 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) project qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.430-150 and 21.95.440160, respectively. C. Development of Manufactured Slopes of Over Forty Percent Gradient. 1. Manufactured slopes which have a gradient of greater than forty percent and an elevation differential of greater than fifteen feet shall be subject to the following development standards. a. Development of Uphill Perimeter Slopes. (i) The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the toe of slope: (a) Main building(s); (b) Accessory buildings; and (c) Retaining walls. (ii) Decks may be constructed upon an uphill perimeter manufactured slope up to the required building setback(s) ofthe underiying zone. b. Development of Downhill Perimeter Slopes. (i) For nonresidential projects only, the following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the top slope: (a) Decks; and (b) Retaining walls. (ii) Deck surface areas shall be allowed to extend to the same point that a six-foot vertical retaining wall would be permitted. (iii) No main or accessory building may encroach over the top/edge of a Downhill Perimeter Slope. c. The manufactured slope standards, within this section do not apply to manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot). D. Volume of Grading. 1. The volume of earth moved for cuts and fills shall be minimized. 2. The relative acceptability of hillside grading volume shall be determined by the following: Page 154 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in acres) Relative Sensitivity of Hillside Grading Volume 0 - 7,999 cubic yards/acre Acceptable 8,000 - 10,000 cubic yards/acre Potentially acceptable > 10,000 cubic yards/acre Unacceptable 3. The methodology for determining the volumes of both the cut and fill in cubic yards shall be calculated as follows. A grading and preliminary grading plan shall be prepared and shall include: the cut or fill volumes noted for each particular cut or fill and the total volume of cut and fill for the project. The larger volume of the total cut or total fill volumes divided by the total graded area (in acres) shall equal the volume of hillside grading for the project. 4. Applications proposing grading volumes which are potentially acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan, submit for review specific written findings justifying the reasons for the amount of grading, subject to the approval of the city planner and city engineer. 5. Applications proposing grading volumes which are unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be allowed only if they qualify as an exclusion or modification pursuant to Sections 21.95.430-150 and 21.95.440-160 of this chapter respectively. E. Slope Height 1. Manufactured slopes shall not be greater than forty feet in height. 2. Slope Height Exclusions. See Section 21.95.430-150 of this chapter. F. Contour Grading. 1. All manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded. 2. Contour graded slopes that are developed in nonresidential projects shall be designed to vary slope gradients between fifty percent (2:1 slope ratio) and thirty-three percent (3:1 slope ratio). G. Screening Manufactured Slopes. 1. All manufactured slopes shall be landscaped consistent with the city's landscape manual. H. Hillside and Hilltop Architecture. Page 155 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Hillside and hilltop structures shall be consistent with the architectural guidelines included within the city's hillside development guidelines. I. Slope Edge Building Setbacks (pursuant to this chapter). 1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building forms which would be visually incompatible with hillside landforms. Notwithstanding the building setback requirements ofthe underlying zone, all main and accessory buildings that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than fifteen feet in height shall be setback so that the building does not intrude into a .7 foot horizontal to one foot vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings which are subject to this slope edge building setback standard, a profile ofthe diagonal plane shall be submitted with all other development application requirements. 2. Building setbacks pursuant to this chapter do not apply to: a. Slopes which are less than fifteen feet in height; b. The intervening slopes of split-level pads which are located on a single lot, but do apply to the edge of slope of the lowest pad; c. Downhill slopes which are located along the sideyards of residential lots; and d. Substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the property. 3. If a downhill perimeter slope is regraded (filled) consistent with Section 21.95.1240(C) of this chapter, and a vertical retaining structure is used, then the required building setback shall be measured from the edge of slope which existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be of an open design which does not visually extend the height of the slope. Exceptions to this may include, but are not limited to, noise attenuation walls, privacy walls or security walls. J. Roadway Design. 1. Hillside roadway design shall be consistent with the city's hillside development guidelines manual. K. Hillside Drainage. 1. Hillside drainage shall be consistent with the city's hillside development guidelines. Page 156 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.95.430150 Exclusions A. Outside the coastal zone, the following are excluded from the hillside development and design standards of Section 21.95.1240: 1. Hillside areas where a circulation element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 2. Grading volumes, slope heights and graded areas which are directly associated with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of or grading. B. Within the coastal zone, grading for construction of circulation element roadways are excluded from Sections 21.38.141(C)(1)(a) and 21.203-.040(A)(1) of the municipal code. 21.95.440160 Modifications to the development and design standards A. Outside the coastal zone, the decision-making body or official may approve a modification to the hillside development and design standards of Section 21.95.1240 if it finds that the proposed development complies with the purpose and intent provisions of Section 21.95.010 and makes one or more ofthe following findings: 1. The proposed modification will result in significantiy more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.1240. 2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of Section 21.95.420140. 3. The proposed modifications will result in the preservation of natural habitat as required by the city's habitat management plan and the required amount of preservation could not be achieved by strict adherence to the requirements of Section 21.95.1240 of this chapter. B. Any request for a modification to the development and design standards of this chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.95.1240. The second set shall illustrate the extent and type ofthe requested modification. This plan shall also be accompanied by any other documentation needed by the decision-making body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts. C. If a modification is proposed to allow grading in excess of ten thousand cubic yards/acre of cut or fill, or a manufactured slope in excess of forty feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction ofthe decision-making body or official. In addition, a detailed mitigation and landscaping plan Page 157 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall be submitted as part ofthe application. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. D. Development on land designated for nonresidential development shall comply with all requirements of this chapter except Sections 21.95.1240(D) and 21.95.1240(E). Any nonresidential project proposing grading in excess of ten thousand cubic yards per acre or creating slopes in excess of forty feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction ofthe decision-making body. E. Inside the coastal zone, the decision-making body or official may approve encroachments to slopes of twenty-five percent grade and over in order to preserve natural habitats required by the city's habitat management plan, in accordance with Chapter 21.203 of the municipal code, provided that the required amount of preservation could not be achieved by strict adherence to the requirements of Sections 21.95.1240(A) and (B) of this chapter. AMENDMENTS TO CHAPTER 21.110 FLOODPLAIN MANAGEMENT REGULATIONS List <>f Sections in Chapter 21.110 21.110.010 Statutory authorization 21.110.020 Reserved 21.110.030 Statement of purpose 21.110.040 Methods of reducing fiood losses 21.110.050 Definitions 21.110.060 Lands to which this chapter applies 21.110.070 Basis for establishing the areas of special flood hazard 21.110.080 Compliance 21.110.090 Abrogation and greater regulations 21.110.100 Interpretation 21.110.110 Warning and disclaimer of liability 21.110.120 Severability 21.110.130 Special use pormitPesignation of fioodplain administrator 21.110.135—Findings for approval 21.110.140 Designation of floodplain administrator 21.110.150—Duties and responsibilities ofthe floodplain administrator 21.110.150 Special use permit. 21.110.160 Standards of construction 21.110.170 Standards for utilities 21.110.180 Standards for subdivisions 21.110.190 Standards for manufactured homes 20.110.195 Standards for recreational vehicles 21.110.200 Floodways 21.110.210 Coastal high hazard areas 21.110.220 Mudslide (i.e., mudflow) prone areas 21.110.230 Flood-related erosion-prone areas 21.110.240—Appeals 21.110.250—Conditions for variances 21.110.240 Variances Page 158 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.110.050 21.110-050 Definitions A For the purposes of this chapter, the following words and phrases have the meaning respectively ascribed to them by this section: (4) "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. (2) 1^ "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a cleariy defined channel does not exist; the path of fiooding is unpredictable and indeterminate; and velocity fiow may be evident. (3) 2. "Area of special fiood-related erosion hazard" means the area subject to severe fiood related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map (FIRM). (4) 3. Area of Special Flood Hazard. See "Special fiood hazard area". (5) 4. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM). (6) 5. "Base flood" means the flood having a one percent chance of being oquallodoqualed or exceeded in any given year (also called the one-hundred-year flood). (7) 6. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (S)7. "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the tjuilding and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (A)a Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and Page 159 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (B)b. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (9)8. "Coastal high hazard area" means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone VI-30, VE or V. (40)9. "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 10. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 11. 1988. 11. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (44)12. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas due to: (A) ai The overflow of floodwaters, (B) b^ The unusual and rapid accumulation or runoff of surface waters from any source, and/or (G)c^ The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (42413. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (43)14."Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Page 160 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (44)15."Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (4^16. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See deflnition of flooding. (46) 17. "Floodplain management" means the operation of an overall program of corrective and preventive measures of reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. (47) 18. "Floodplain management regulations" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. (48) 19. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate fiood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (49) 20. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base fiood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory fioodway." (20)21. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (24)22. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 23. "Historic structure" means any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained bv the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the reguirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretarv of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretarv to gualify as a registered historic district: c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretarv of Interior: or Page 161 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) d. Individuailv listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directiy by the Secretary of the Interior in states without approved programs. (22)24. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" deflnition). Aa. An unflnished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: (4)i. The anchoring standards in Section 21.110.160(1); (2)ii^ The construction materials and methods standards in Section 21.110.160(2); and (S)iiL The wet flood proofing standard in Section 21.110.160(3); (4)iy^ The standards for utilities in Section 21.110.170. (2^25. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. (24)26. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (26)27."Mean sea level" means, for purposes ofthe National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (26)28. "New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community. 29. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 11.1988. Page 162 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (27) 30. "One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the base flood, which will be the term used throughout this chapter. (28) 31. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. 32. "Recreational vehicle" means a vehicle which is: a. Built on a single chassis: b. 400 sguare feet or less when measured at the largest horizontal projection; light-duty truck; and c. Designed to be self-propelled or permanently towable by a d Designed primarily not for use as a permanent dwellinq but as temporary livinq quarters for recreational, campinq. travel, or seasonal use. (29)33. "Remedy a violation" means to bring the structure or other development into compliance with state or local fioodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from fiood damages, implementing the enforcement provisions ofthe ordinance or othenwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. (^34. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. (^35. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward ofthe beach. (32) 36. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, VI-30, VE or V. (33) 37. "Start of construction" means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installations of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory Page 163 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (34) 38. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 39. "Substantial damage" means damaqe of any oriqin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would egual or exceed 50 percent ofthe market value ofthe structure before the damage occurred. (35) 40."Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless ofthe actual repair work performed. The term does not, however, include either: (A)a. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (S)b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure". (36)—"Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. (37)41 ."Violation" means the failure of a structure or other development to be fully compliant with the community's fioodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Section 21.110.130 through 21.110.150 21.110.130—Spocial use permit A special uso pormit shall be obtained in addition to any other required permits or entitlements before construction or development begins within any area of special fiood hazards, areas of fiood-related erosion hazards or areas of mudslide (i.e., mudfiow) hazards ostablishod in Soction 21.110.070. The filing foos for a special uso pormit shall be in an amount as the city council may by resolution establish. Applications for a spocial uso permit shall be made on forms furnished by the planning director and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation ofthe area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location ofthe foregoing. Specifically, the following information is required: Page 164 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Proposed elevation in relation to mean sea level, of the lowest fioor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest fioor of all structures; (2) Proposed elevation in relation to mean sea level to which any structure will be fioodproofed; (3) All appropriate certifications listed in Section 21.110.150(D) of this chapter; (4) Description of the extent to which any watercourse will be altered or relocatod as a result of proposed devolopment; (§) Environmental impact assossment (one copy only); and (4) Environmental impact report (twenty copies), if required. 21.110.135—Findings for approval (a) A special use permit required by this chapter may be approved or conditionally approved only if the following findings are made: (4) The projoct is consistent with the general plan, local coastal program, the roquiroments of this chapter, and any other applicable requirement of this code. (2) The site is reasonably safe from fiooding. (3) The project is designed to minimize the flood hazard to the habitable portions of the proposed structure. (4) The proposed project does not create a hazard for adjacent or upstream properties or structures. (§) The proposed project does not create any additional hazard or cause adverse impacts to downstream propertios or structures. (§) The proposed project does not reduce the ability of the site to pass or handle a baso fiood of 100 year frequency. (7) The cumulative effect of the proposed project when combined with all the othor existing, proposed, and anticipated development will not increase the water surface elevation of the base flood moro than one foot at any point. (8) The project is contingent upon compliance with other federal and state regulations as required. 21.110.1430 Designation of floodplain administratorr A The Planning—CommissionCity Engineer is appointed as the floodplain administrator. Page 165 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.110.1540 Duties and responsibilities ofthe floodplain administrator A; The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (4) Permit Authority. The floodplain administrator may approve, conditionally approve or dony a spocial use permit roquirod by this chaptor upon the advioo of tho city engineer. 1. Permit Review. The floodplain administrator shall review all development permits to determine: a. The permit reguirements of this chapter have been satisfied. including determination of substantial improvement and substantial damage of existing structures: b. All other reguired state and federal permits have been obtained; c. The site is reasonably safe from flooding; d. The proposed development does not adversely affect the carrying capacitv of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect ofthe proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Carisbad; and e. All Letters of Map Revision (LOMR's) for flood control proiects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. 2. Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making authority specified in Section 21.110.150 regarding the proposed development. (2) 3. Review. Use and Development of Other Base Flood Data. a. When base flood elevation data has not been provided in accordance with Section 21.110.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 21.110.160 through 21.110.230 of this chapter. Any such information shall be submitted to the city council for adoption. (3) 4. Notification of Other Agencies. a Whenever a watercourse is to be altered or relocated: Page 166 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (A) i^ Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (B) !]. Require that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained. (4) 5. Documentation of Floodplain Development. a. Obtain and maintain for public inspection and make available as needed: (A)i, The certification required in Section 21.110.160(3)(A), floor elevations; (B)ji, The certification required in Section 21.110.160(3)(B), elevations in areas of shallow fiooding; (G)iii. The certification required in Section 21.110.160(3)(C), elevations or fioodproofing of nonresidential structures; (D)iy, The certification required in Section 21.110.160(3)(D), wet fioodproofing standard; (€)y. The certified elevation required in Section 21.110.180(b), subdivision standards; (P)yL The certification required in Section 21.110.200(1), fioodway encroachments; (G)vii. The information required in Section 21.110.210(6), coastal construction; and (Wviii. The reports required in Section 21.110.220(d), mudflow standards. (5) 6. Map Determinations. a. Make interpretations where needed, as to the exact location of the boundaries of the areas of special fiood hazards, areas of special flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 21.54.14021.110.240 and 21.110.250 of this chaptertitle. (^7. Remedy action. a, Take action to remedy violations of this chapter as specified in Section 21.110.080 of this chapter. Page 167 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 8. Biennial Report. a. Complete and submit Biennial Report to FEMA. 9. Planning. a. Assure the General Plan is consistent with the floodplain management objectives herein. 21.110.150 Special use permit A. A special use permit shall be obtained in addition to anv other reguired permits or entitlements before construction or development begins within any area of special fiood hazards established in Section 21.110.070 of this chapter. B. Application and fees. 1. An application for a special use permit may be made by the owner of the property affected or the authorized aqent ofthe owner. The application shall: a. Be made in writinq on a form provided by the city planner: b. State fully the circumstances and conditions relied upon as qrounds for the application; and c. Be accompanied by a leqal description ofthe propertv involved d. Be accompanied by plans showing the nature, location, dimensions and elevation of the proiect site; existing and proposed structures, fill, storage or materials, drainage facilities: and all other materials as specified bv the city planner. Specifically, the following information must be provided: I Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AO or VO. elevation of highest adiacent grade and proposed elevation of lowest floor of all structures: ii. Proposed elevation in relation to mean sea level to which any structure will be floodproofed; iii. All appropriate certifications listed in Section 21.110.150(D) of this chapter: iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; V. Environmental impact assessment: and vi. Environmental impact report, if reguired. C. Notices and hearings. Page 168 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21 •54.060.A and 21.54.061 of this title. D. Decision-making authority. 1. An application for a special use permit mav be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearinq. 2. The planninq commission shall hear the matter, and may approve or conditionally approve the special use permit upon the advice ofthe floodplain administrator and if all of the findinqs in subsection E of this section are found to exist. E. Findinqs for approval of a special use permit. 1. A special use permit required by this chapter may be approved or conditionally approved only if the followinq findinqs are made: a. The proiect is consistent with the qeneral plan, local coastal proqram, the requirements of this chapter, and any other applicable reguirement of this code. b. The site is reasonably safe from flooding. c. The proiect is designed to minimize the flood hazard to the habitable portions of the proposed structure. d. The proposed proiect does not create a hazard for adjacent or upstream properties or structures. e. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. t The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year freguency. g. The cumulative effect of the proposed proiect when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. h. The project is contingent upon compliance with other federal and state regulations as reguired. E. Announcement of decision and flndings of fact. 1. When a decision on a special use permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. F. Effective date and appeals. 1. Planning Commission decisions on special use permits shall become Page 169 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) effective and may be appealed in accordance with the provisions of Section 21.54.150 of this titie. G. Expiration, extensions and amendments. 1. The expiration period for an approved special use permit shall be as specified in Section 21.58.030 of this titie. 2. The expiration period for an approved special use permit may be extended pursuant to Section 21.58.040 of this title. 3. An approved special use permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. Section 21.110.190 and 21.110.195 21.110.190 Standards for manufactured homes All new and replacement manufactured homes and additions to manufactured homes sfeaHf (4) Be olevatod so that the lowest fioor is at or above the base fiood elevation; and (2) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. A. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision: or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones A1-30. AH. and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adeguately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Within Zones VI-30. V. and VE on the community's Flood Insurance Rate Map, meet the reguirements of Section 21.110.210. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30. AH. AE, VI-30. V. and VE on the community's Flood Insurance Rate Map that are not subiect to the provisions of Section 21.110.190.A will be securely fastened to an adeguately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood Page 170 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) elevation; or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least eguivalent strength that are no less than 36 inches in height above grade. C. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properiy elevated. Such certification and verification shall be provided to the Floodplain Administrator. 21.110.195 Standards for Recreational Vehicles A. All recreational vehicles placed in Zones A1-30. AH, AE, VI-30 and VE will either: 1. Be on the site for fewer than 180 consecutive days: or 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only bv guick disconnect type utilities and security devices, and has no permanentiy attached additions: or 3. Meet the permit reguirements of Section 21.110.130 of this ordinance and the elevation and anchoring reguirements for manufactured homes in Section 21.110.190. B. Recreational vehicles placed on sites within Zones VI-30. V. and VE on the community's Flood Insurance Rate Map will meet the reguirements of Section 21.110.195.A and Section 21.110.210. Section 21.110.240 and 21.110^250 21.110.240 AppealsVariances (a) The floodplain administrator shall announce its decision and findings by resolution to tho applicant and tho resolution shall recite, among other things, the facts and reasons which, in tho opinion of tho floodplain administrator, make the granting or denial of a special use pormit, variance or other entitlement under this chapter necessary to carry out the provisions and gonoral purposes of this title and shall order that the spocial use pennit, variance or othor entitlement bo granted or denied, and if such rosolution orders that tho special use permit, variance or other entitiement bo granted, it shall also notice such conditions and limitations as tho floodplain administrator may impose. (fe) The effective date of order of the floodplain administrator granting or denying a special use pormit, variance or other entitiement and the method for appeal of such order shall bo governed by Section 21.54.150 of this code. In passing upon appeals and A. Variances from the reguirements of this chapter may be granted pursuant to the provisions of this section and Chapter 21.50 of this titie. Page 171 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. Subiect to the findings specified in Chapter 21.50 and subsection D of this section, variances may be granted for: 1. New construction, substantial improvement, and other proposed new development to be erected on a lot of one half acre or less in size contiguous to and surrounded bv lots with existing structures constructed below the base fiood level. As the lot size increases beyond one half acre, the technical justification reguired for issuing a variance increases. 2. Repair or rehabilitation of historic structures. C. Variance considerations. 1. When making decisions on reguests for variances, the decision-making authority shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (4)a. The danger that materials may be swept onto other lands to the injury of others; (2) b. The danger of life and property due to flooding or erosion damage; (3) c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property: (4) d. The importance of the services provided by the proposed facility to the community; (5) e. The necessity to the facility of a waterfront location, where applicable; (§)f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7)fl. The compatibility of the proposed use with existing and anticipated development; (3)Ji. The relationship of the proposed use to the comprehensive plan and fioodplain management program for that area; (9)1. The safety of access to the property in time of fiood for ordinary and emergency vehicles; (4©)j. The expected heights, velocity, duration, rate of rise and sediment transport of the fioodwaters expected at the site; and (44)k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. D. Variance findings. Page 172 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1 • In addition to the findings specified in Chapter 21.50. no variance from the reguirements of this chapter mav be granted unless the decision-making authority finds: a. That the variance is for floodplain management purposes only. b. That there is a showing of good and sufficient cause; c. That the variance is the minimum necessary considering the flood hazard, to afford reliet L "Minimum necessary" as related to this section, means to afford relief with a minimum of deviation from the reguirements of this chapter. For example, in the case of a variance from an elevation reguirement. the decision-making authority need not grant permission for the applicant to build to the elevation the applicant proposes, but only to that elevation which the decision-making authoritv believes will both provide relief and preserve the intent of this chapter. d. That the physical characteristics of the subject property are so unusual that complying with the reguirements of this ordinance would create an exceptional hardship to the applicant L "Hardship" as related to this section, means the exceptional hardship that would result from a failure to grant the requested variance. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, gualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even ifthe alternative is more expensive, or reguires the propertv owner to build elsewhere or put the parcel to a different use than originally intended. e. That the subiect property's physical characteristics are unigue to the property and not shared by adiacent parcels, and pertain to the land itselt not to the structure, its inhabitants, or the property owners. t That the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause "fraud and victimization" ofthe public, or conflict with existing local laws or ordinances. i; "Public safety" and "nuisance" as related to this section, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customarv manner, of any navigable lake, or river, bay, stream, canal, or basin. ii. "Fraud and victimization" as related to this section, means that the variance granted must not cause fraud on or victimization of the public. In examininq this requirement, the decision-makinq body shall consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject durinq all those years to increased risk of damaqe from floods, while future owners Page 173 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) of the property and the community as a whole are subiect to all the costs, inconvenience, danger, and sufferinq that those increased flood damaqes brinq. In addition, future owners mav purchase the property, unaware that it is subject to potential flood damaqe. and can be insured only at very hiqh flood insurance rates. q. If applicable, that the proposed repair or rehabilitation of a historic structure will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and desiqn of the structure. E. Variance conditions. 1. The decision-makinq authority may require conditions to the qrantinq of variances as it deems necessary to further the purposes of this chapter. F. Applicant notice. 1. Pursuant to Title 44 Part 60.6(a)(5) of the Code of Federal Regulations, following the granting of a variance, the city shall provide written notice to the applicant stating that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and Such construction below the base flood level increases risks to life and property. 2. The written notice reguired by this subsection shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. G. Record of variances. 1. The Floodplain Adnriinistrator shall maintain a record of all variances, including iustification for their issuance, and report such variances in its biennial report submitted to FEMA. (e) Gonorally, variances may be issued for now construction and substantial improvoments to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base fiood level, providing subsections (B)(1) through (B)(11) of this section havo boon fully considered. As tho lot size increasos beyond ono half aero, tho technical justification roquirod for issuing the varianoo increases. (4) Upon consideration of tho factors of subsection (B) of this section and tho purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Page 174 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (e) The fioodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to tho Federal Insurance Administration, Federal Emergency Management Agency. 21.110.250—Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures sot forth in the remainder of this soction. (fe) Variances shall not be issued within any designated fioodway if any increase in fiood levels during the base flood discharge would result. (e) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the fiood hazard, to afford relief. (d) Variances shall only bo issued upon: (4) A showing of good and sufficient cause; (2) A determination that failure to grant tho variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or chapters. (e) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (D) of this section are satisfied and that the structure or othor dovolopmont is protoctod by methods that minimize fiood damages during the base flood and create no additional threats to public safety. (f) Any applicant to whom a variance is granted shall be given written notice over the signature of the deputy public works director - engineering services that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars for two hundred dollars of insurance coverage with the increased risk resulting from tho reduced lowest floor elevation. A copy ofthe notice shall bo recorded by the floodplain administrator in tho office of tho San Diogo County recorder and shall bo rocorded in a manner so that it appears in the chain of title of the affected parcel of land. AMENDMENTS TO CHAPTER 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES CHAPTER 21.201 CHAPTER 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 21.201.010 Purpose 21.201.015 Applicability 21.201.020 Definitions 21.201.030 Requirements for minor coastal development permits and coastal development permits Page 175 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.040—Application Reserved 21.201.050 Determination of applicable notico and hearing procedures 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures 21.201.070 Repair and maintenance activities requiring a coastal development permit 21.201.080 Minor coastal development permits and coastal development permits 21.201.085—Minor coastal permits for second dwelling units 21.201.090 NetieeAnnouncement of decision and notice of final local government action public hearings 21.201.100 ReservedNotice of local government action where hearing continued 21.201.110 ReservedPlanning commission action 21.201.120 Effective date and appealof ordor—Appeal of planning commission decision 21.201.130 Appeals Developments appealable to the Coastal Commission 21.201.140 Exhaustion of local appeals 21.201.150 Public hearing on appealable developments 21.201.160 Finality of city action 21.201.170 Notice of final citv actionReserved 21.201.180 Local govornmont action—Effoctivo datoReserved 21.201.190 Application for omorqoncv Emerqencv coastal development permits 21.201.200 Expiration of tfeominor coastal development permits and coastal development permits 21.201.210 Extensions 21.201.220 Permit amendment 21.201.230 Coastal development permits issued by Coastal Commission 21.201.240 Violations of the Public Resources Code 21.201.010 Purpose A This chapter establishes the permit procedures for developments located in the coastal zone. This chapter is based on the local coastal program implementation regulations adopted by the California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 30333, and as such shall constitute the minimum procedural requirements for review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d). 21.201.015 Applicability A. This chapter shall apply to development within the coastal zone, with the exception ofthe Aqua Hedionda Lagoon seqment ofthe Carisbad Local Coastal Proqram. 21.201.020 Definitions A. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing ofthe city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the city ofthe nature of his concerns or who for good cause was unable to do either. B. "Allowable use" means any use allowed by right which does not require a public hearing or any discretionary or nondiscretionary permit of the approving authority. Page 176 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. "Appealable development" means in accordance with Public Resources Codes Section 30603(a), any of the following: 1. Developments approved by the local government between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. 2. Developments approved by the local government not included within subsection (C)(1) of this section located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream or within three hundred feet of the top of the seaward face of any coastal bluff. 3. Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" as used in Public Resources Code Section 30603(a)(5) and its regulations shall mean any proposed public works project, as defined by Section 13012 ofthe Coastal Commission Regulations, (Title 14 California Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107. D. "Appellant" means any person who may file an appeal and includes an applicant, any aggrieved person or any two members of the Coastal Commission. E. "Applicant" means the person, partnership, corporation, state or local government agency applying for a coastal development permit. F. Reserved."Approving authoritv" moans the city officer, planning commission or council approving a coastal development permit. G. "Categorically excluded development" means a development (upon request of the city, public agency or other person) which the city planner director has determined pursuant to Section 21.201.060(C) of this code to have no potential for significant adverse effect on coastal resources or access and, therefore, has issued an exclusion. 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 segments ofthe Carisbad Local Coastal Program). I. "Coastal Commission" means the California Coastal Commission. J. "DiroctorDecision-making authority" means the director ofcity officer, planningv commission or council approving a coastal development permit K. "Executive Director" means the Executive Director of the Coastal Commission. L. "Local coastal program" means the city's land use plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976. Page 177 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) M. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. N. "Major public works project" means any public works project as defined by Title 14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars in estimated cost of construction. O. "Permitted use" means any use allowed by right which does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the approving authority. P. "Other permits and approvals" means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed. 21.201.030 Requirements for minor coastal development permitST and coastal development permits. Except as provided in Section 21.201.060 below, any applicant wishing to undertake a development (defined in Section 21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a minor coastal development permit or coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements ofthe approvingdecision- making authority, provided that the minimum requirements as specified herein are assured. 21.201.040 Application Reserved. Application for a coastal development permit shall be made in accordance with the procoduros set forth in this section. A: An application for a pormit may be made by the record owner or owners of the property affoctod or the authorized agent of the owner or owners. The application shall bo filod with tho director upon forms providod by the director. The application shall be accompanied by adequate plans which allow for detailed roviow pursuant to this chapter, a legal description of tho property and all other materials and information specified by tho diroctor. At the timo of filing tho application the applicant shall pay a processing fee in an amount specified by city council resolution. G. Unless tho property has previously been legally subdivided and no further subdivision is required tho application shall be accompanied by a tontativo map which shall bo filed with the director in accordanco with procedures set forth in Chapter 20.12 of this code. If the projoct contains four or less lots or units, the application shall be accompanied by a tentative parcel map which shall bo filod with the city engineer in accordanco with procedures set forth in Chaptor 20.24 of this codo. Page 178 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Whenever the development would require a permit or approval under the provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal permit may be consolidated into one application. The director may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the dovolopment to substantially lessen any significant effect on the environment which may be caused by the development. 21.201.050 Determination of applicable notice and hearing procedures A; ^The citv planner shall determineination of whether a development is exemptr or categorically excluded-from the requirements of this chapter.7 or is nonappealable or appealable for purposes of notice, hearing and appealsto the Coastal Commission shall be made by the city planner at the time the application for development is submitted. This determination shall be made with reference to the certified local coastal program, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as part of the certified local coastal program. B. The city planner shall inform the applicant whether the proiect is exempt (and whether in the "appealable area." if not exempt) within ten calendar days of the determination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with or if there is a guestion regarding the determination, the applicant (or citv planner) may reguest the opinion of the Coastal Commission's executive director in accordance with 14 Code of California Regulations Section 13569. Where an applicant, interested person, or the director has a question as to the appropriate procoduros, tho following procedures shall be followed: A: Thedirector shall make the determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, nonappealable) and shall inform the applicant of the notico and hearing roquiromonts for that particular development. If the determination of the director is challenged by the applicant or an interested person, or if the director wishes to have a Commission determination as to the appropriate designation, the city shall notify the Commission by telephone ofthe dispute/question and shall request an Executive Director's opinion; G; The Executive Director shall within two working days of the director request, (or upon completion of a site inspection where such an inspection is warranted), transmit a dotormination as to whether tho dovolopmont is exempt, categorically excluded, nonappealable or appoalablo; Whoro, after the Executive Diroctor's investigation, the Executive Director's determination is not in accordance with the director determination, the Commission shall hold a hearing for the purpose of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting in the appropriate geographic region following tho director roquost. Page 179 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures. A. For the purposes of subsection B.I of this section, an existing sinqle-family residential buildinq shall include all appurtenances and other accessory structures, including decks, directiy attached to the residence: accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units: landscaping on the lot. B; Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to existing single-family residential building except: a. On a beach, wetiand or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distanceiTor d. On property located in significant scenic resources areas as designated by the Commission or regional commissionj^r 6; ^^improvement that would result in an increase of ten percent or more of internal fioor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a)iT t An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks; dg. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections (A)(84B.8. B.9, B.10 and B/M(40) of this section; ell. Expansion or construction of water wells or septic systems. For the purposes of this soction an existing single-family residential building shall include all appurtenances and othor accessory structures, including decks, directly attached to the rosidence; accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, foncos and storage sheds but not including guest houses or self-contained residential units; landscaping on the lot. 2. Improvements to existing structures other than a single-family residence or public works facilityj^ except: Page 180 tide line; LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) On a beach, wetiand, lake or stream or seaward ofthe mean high b. Where the structure or improvement would encroach within fifty feet of the edge of the coastal bluff; c. On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide ofthe sea where there is no beach, whichever is the greater distance, any; d. Any improvement to a structure other than a single-family residence or public works facility that would increase by ten percent or more the internal floor area of an existing structure, or any additional improvement where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(b), or this section, and the cumulative increase ofthe improvements is ten percent or more; or any improvement which would increase the height of a structure by ten percent or more; 4e. An increase in height bv more than ten percent of an existing structure, including any significant detached accessory structure, such as garages, fences, shoreline protective structures or docks: f. Any improvement which changes the intensity of use of a structure; eg. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland or sand dune, or within one hundred feet of the edge of a coastal bluff or stream except as provided in subsections (A)(B.8). B.9, B.10 and (B.1140) of this section; and fh. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative, conversion or motel/hotel timesharing conversion. §i. Expansion or construction of water wells or septic systems. 3. Occupancy permits. 4. Harvesting of agricultural cropsj or other agriculturally related activities specifically defined as permitted uses in the applicable zone^ which require no other permits and approvals of the approvingdecision-making authority, and are thereby allowable uses herein. 5. Fences for farm or ranch purposes. 6. Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons capacity and water distribution lines, including up to one hundred cubic yards of associated grading, provided such water facilities are used for onsite agriculturally- related purposes only. Page 181 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 7. Water impoundments located in drainage areas not identified as blue line streams (dashed or solid) on USGS 7 VT. minute quadrangle maps, provided such impoundments do not exceed twenty-five acre feet in capacity. 8. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board. 9. Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas. 10. Repair or maintenance activities not described in Section 21.201.070 of this chapter. 11. Activities of public utilities as specified in the repair, maintenance and utility hookup exclusion adopted by the Coastal Commission, September 5, 1978, and as modified from time to time. BC. Categorical Exclusions. 1. A permit issued for a development which is categorically excluded from the coastal development permit reguirements pursuant to California Public Resources Code Section 30610. shall be exempt from the reguirements of this chapter. 42. In addition to those proiects exempted pursuant to subsection AB of this section, tThe city council may designate by resolution, after a public hearing, categories of development whichthat have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast. Development which has been so designated shall be categorically excluded from the provisions of this chapter. The designation of any categorical exclusion shall not be effective until the categorical exclusion order has been approved by the Coastal Commission. The director shall keep a record of all permits issued for such categorically excluded projects. G3. The city planner shall keep a record of all permits issued for such categorically excluded proiects. D. Notice of Categorically Excluded or Exempt Developments. 1. A permit issued by the city for a development which is categorically excluded or exempt from the coastal development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for categorically excluded or exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the city; provided, that such record includes the applicant's name, the location of the project, and brief description of the project. Page 182 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.070 Repair and maintenance activities requiring a coastal development permit A. All repair and maintenance activities governed bv the provisions of this subsection shall be subiect to the permit regulations ofthe California Coastal Act, including, but not limited to. the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700. unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair. Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5. 1978. B. The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse impact to coastal resources or access. 1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: a. Repair or maintenance involving substantial alteration of the foundation ofthe protective work including pilings and other surface or subsurface structures; b. The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetiands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; c. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or d. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. 2. Any method of routine maintenance dredging that involves: a. The dredging of one hundred thousand cubic yards or more within a twelve-month period; b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or c. The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. 3. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a coastal Page 183 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include: a. The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; b. The presence, whether temporary or permanent, of mechanized equipment or construction materials. All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, tho regulations governing administrative and emergency permits. The provisions of this soction shall not bo applicable to methods of repair and maintenance undertaken by tho ports listed in Public Rosourcos Codo Section 30700 unless so providod elsewhere in those regulations. Tho provisions of this section shall not bo applicable to those activities specifically described in the document entitied Repair, Maintenance and Utility Hookups, adopted by tho Coastal Commission on September 5, 1978. BC. Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance under Public Resources Code Section 30610(d)^ but instead constitutes a replacement structure requiring a coastal development permit. 21.201.080 Minor coastal development permits and coastal development permits A. Application and fees. 1. Applications for minor coastal development permits and coastal development permits may be made by the record owner or owners of the property affected or the authorized agent ofthe owner or owners. The application shall: a. Be made in writing on a form provided by the city planner. b. State fully the circumstances and conditions relied upon as grounds for the application. c. Be accompanied bv adeguate plans which allow for detailed review pursuant to this chapter, a legal description ofthe propertv and all other materials and information specified bv the city planner. 2. At the time of filing the application the applicant shall pay the application fee contained in the most recent fee schedule adopted by citv council. 3. Unless the propertv has previously been legally subdivided and no further subdivision is reguired the application shall be accompanied by a tentative map which shall be filed with the citv planner in accordance with procedures set forth in Chapter 20.12 of this code. If the proiect contains four or less lots or units, the application shall be accompanied by a tentative parcel map which shall be filed with the city engineer in accordance with procedures set forth in Chapter 20.24 of this code. Page 184 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4. Whenever the development would reguire a permit or approval under the provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal development permit mav be consolidated into one application. 5. The citv planner mav reguire that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantially lessen any significant effect on the environment which mav be caused by the development. B. Notices and hearings. 1 • Notice of an application for a minor coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. except that the notice of a minor coastal development permit for a second dwelling unit shall not allow for the abilitv to reguest an administrative hearing. 2. Notice of an application for a coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. C. Decision-making authority. A Tho diroctor may issue minor coastal permits for any development anywhere in tho coastal zone costing loss than sixty thousand dollars and which complies with the following criteria: 1. Minor coastal development permits. a. The city planner mav approve, conditionally approve or deny minor coastal development permits for. L Development that costs less than sixty thousand dollars: ii. Second dwelling units (no discretionary approval shall be reguired for second dwelling units): iii. Proiects that reguire an administrative village review permit or administrative variance, pursuant to Chapter 21.35 of this title. b. The citv planner may approve or conditionally approve a minor coastal development permit, if the development complies with the following criteria: 4i. The development is consistent with the certified local coastal program as defined in Section 30108.6 ofthe Coastal Act. 2ii. The development requires no discretionary approvals other than a minor coastal development permit-(not applicable to second dwelling units, which shall not reguire discretionan/ apprevat). 3iii. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. Page 185 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. The city planner's decision shall be based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. c. The citv planner may approve or conditionally approve a minor coastal development permit if he/she finds that the proiect complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. If the proiect is a second dwelling unit, the citv planner shall additionally find that the proiect complies with the provisions of section 21.10.030 of this title. 2. Coastal development permits. a. The planning commission mav approve, conditionally approve, or deny a coastal development permit for development in the coastal zone that is not subiect to subsection C.I of this section. b. The planning commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. c. The planning commission shall hear the matter and may approve or conditionally approve a coastal development permit if it finds that the proiect complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. & Tho diroctor shall give written notico of pending devolopment decision after tho application is comploto, at least fiftoon working days priorto tho decision on tho application as follows: A-. Contents. The notice shall include all tho matters required by Section 21.64.061 of this code, including statement of a public comment period of at least fifteen working days sufficient to roceive and consider comments submitted by mail prior to the dato ostablished for the docision, a statement that a public hearing shall bo hold upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Commission any action taken by a local govornmont on a coastal dovolopment pormit application. 2-. Rocipionts. Tho notice shall bo sent by first class mail to: a. Any person requesting to be on tho mailing list for tho project or for coastal decisions; and fe:^ All property owners and residents within one hundred feet of the projoct perimeter; and e-. Tho Coastal Commission; 4-. Tho applicant. Page 186 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) G. The director may approve, approve with conditions or deny the permit. The director may waive a public hearing on a minor coastal development permit if notico has been provided in accordance with subsection (B)(1) of this soction and a request for a public hearing has not been received by the city within fifteen working days from the date of sending the notice. If a request for a public hearing is received, a public hearing before the director shall be held in the same manner as a planning commission hearing. In either event, the director's decision shall bo based upon the requiromonts of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). This director's decision shall be made in writing. The effective date ofthe decision and tho method for appeal of such decision shall be govorned by Soction 21.54.140 of this code. Unless the decision is appealed to the planning commission, the director shall provide a notico of final local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition to the director's written decision. If the director determines that the project does not qualify for an oxomption, a minor coastal permit or an emergency permit then the director shall sot the application for a public hearing before the planning commission. Any coastal permit (other than a minor coastal development permit) may be set for hearing concurrently with any other permit for the project. Tho director may at his/her option refer tho application for a minor coastal pormit to the planning commission for determination. 21.201.085—Minor coastal permits for second dwelling units. A^ The planning director may issue minor coastal permits for second dwelling units in tho coastal zono which comply with the following criteria: 4-. The development is consistent with Section 21.10.030 of this titie and the certified local coastal program as defined in Section 30108.6 ofthe Coastal Act. 2-. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. BT Tho director shall givo written notice of pending development decision after the application is complete, at least fiftoon working days prior to the decision on the application as follows: Contents. Tho notice shall include: a statement of a public comment period of at least fifteen working days sufficient to receive and consider comments submitted by mail prior to tho date ostablishod for the docision. 2-. Rocipionts. Tho notice shall be sent by first class mail to: a-. Any person requesting to be on the mailing list for the project or for coastal decisions; fe^ All property owners and residents within one hundred feet of the project perimeter; Page 187 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) The Coastal Commission; and 4-. The applicant. G-. The planning director may approve, approve with conditions or deny the permit. The director's decision shall be based upon the requirements of, and shall include spocific factual findings supporting whether the project is or is not in conformity with Section 21.10.030 of this titie and the oortifiod local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). The planning director's docision shall bo mado in writing. The date of the decision shall be the date tho writing containing the decision or dotormination is mailed or otherwise delivered to the person or persons affected by tho decision or determination. The planning diroctor shall provide a notice of final local action in accordanco with Sections 21.201.160 and 21.201.170 of this code, in addition to the director's written decision. O-. Minor coastal permits for second dwelling units aro not appealable to the planning commission or city council. 21.201.090—Notice of public hearings. Whenever a public hearing is required by this chapter, notico ofthe hearing shall be given as provided in Section 21.54.060 of this code. When tho hearing on a coastal development permit is consolidated with tho hearing on a tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. 21.201.090 Announcement of decision and notice of final local government action A. When a decision on a minor coastal development permit or coastal development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing: 1. In accordance with the provisions of Section 21.54.120 of this titie (announcement of decision and findings of fact). 2. In accordance with Section 13315 of Title 14 of the California Code of Regulations (notice of final local government action). 21.201.100 Reserved.Notice of local government action where hearing continued. If a decision on a development permit is continued by the city to a timo which is neither (a) previously stated in tho notice provided pursuant to Section 21.54.060 nor (b) announced at the hearing as being continued to a timo certain, tho city shall provide notice ofthe further hearings (or action on the proposed development) in the same manner, and within the same time limits as ostablished in Sections 21.54.060, 21.54.061 and 21.54.070. 21.201.110 Reserved-Planning commission action. Page 188 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) After a public hearing the planning commission may approve, conditionally approve or dony tho application. No approval or conditional approval shall be given unless the planning commission finds that the development is consistent with the provisions of the local coastal program for tho coastal zone and the development is in conformity with the public access and public recreation policies of Chapter 3 ofthe California Coastal Act. 21.201.120 Effective date of order—Appeal of planning commission decisionand appeal A The effective date ofthe planning commission decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. & If tho dovolopment for which a coastal dovolopmont pormit also requires othor discretionary permits or approvals for which the planning commission is not given final approval authority, then the planning commission action on the coastal development permit shall be deemed a recommendation to tho city council. &-. The city council may establish and levy a fee for appeals of coastal permit decisions. A. City planner decisions on minor coastal development permits shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this title, except that decisions to approve minor coastal development permits for second dwelling units shall not be appealable to the planning commission or citv council. B. Planning Commission decisions on coastal development permits shall become effective and may be appealed in accordance with the provisions of Section 21.54.150 of this titie. C. Decisions that may be appealed to the Coastal Commission. 1. A decision on a minor coastal development permit or coastal development permit made pursuant to this chapter, and which is appealable to the Coastal Commission pursuant to Section 21.201.130 of this chapter, shall become effective on the tenth working day following the Coastal Commission's receipt ofthe notice of flnal local government action provided pursuant to Section 21.201.090 of this chapter, unless: a. An appeal is filed with the Coastal Commission in accordance with the Coastal Commission's regulations: b. The notice of final local government action does not meet the reguirements of Sections 21.201.090.A.2 and 21.201.160; c The notice of final local government action is not received in the Coastal Commission office and/or distributed to interested parties in time to allow for the ten working day appeal period. 2. Where any of the circumstances in subsections 21.201.120.C.I .a through 21.201.120.C.I.c occur, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the citv and applicant that the effective date ofthe city action has been suspended. Page 189 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21-201.130 Developments Aappealables to the Coastal Commission A. The following developments, due to their type or location, are within the appeal jurisdiction ofthe Coastal Commission., Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless otherwise noted. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning division. Atrl. Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance. B2. Development on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetiand, estuary or stream. G3. Developments approved by the city not included within subsections A and B of this section which are located in a sensitive coastal resource area. 04. Any decision approving or denying a development which constitutes a major public works project or a major energy facility. 21.201.140 ExhaustingExhaustion of local appeals A. An appellant shall be deemed to have exhausted local appeals for purposes of tiling an appeal under the Coastal Commission's regulations and be an aggrieved person where the appellant has pursued the appeal to the appellate body (bodies) as required by the city appeal procedures; except that exhaustion of all local appeals is not required if any of the following occurs: 1. The city requires an appellant to appeal to more local appellate bodies than have been certifled as appellate bodies for permits in the coastal zone, in the implementation section ofthe local coastal program; 2. An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; 3. An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter; 4. The city charges an appeal fee for the tiling or processing of appeals. B. Where the project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, that notice of Coastal Commission appeals may be transmitted to the city council (which considers appeals from the planning commission which rendered the final decision), and the appeal to the Coastal Commission may be suspended pending a decision on the merits by the city council. If the decision ofthe city council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision. Page 190 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. The appeal to the California Coastal Commission shall be filed at the local district office no later than ten working days after the date of the receipt of the notice of final local action by the local district office. No coastal development permit shall be issued or deemed approved until an appeal, if any, to the Coastal Commission has been resolved. 21.201.150 Public hearing on appealable developments At least one public hearing shall be held on each application for an appealable development, (except as provided in Section 21.201.0807 for Minor coastal development permits) thereby affording any persons the opportunity to appear at the hearing and inform the city ofthe nature of their concerns regarding the project. Such hearing shall occur no eariier than ten calendar days following the mailing ofthe notice required in Section 21.54.060. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. 21.201.160 Finality of city action A local decision on an application for development shall be deemed final when (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, that the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and that the required conditions of approval adequate to carry out the certified local coastal plan as provided in the implementing ordinances have been imposed, and (2) when all rights of appeal have been provided as deflned in Sections 21.201.130 and 21.201.140. 21.201.170 Notice of final city actionReserved Within seven calendar days of a final decision on an application for any development (except categorically excluded or exempt developments) the city shall provide notice of its action by first class mail to tho Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the city, (or, where required, who paid a reasonable fee to receive such notice.) Such notice shall include conditions of approval and written findings and the procedures for appeal to the Coastal Commission. The Coastal Commission's ten working day appeal period commences upon its receipt of a final city action notice by the Coastal Commission. 21.201.180 Local government action—Effective datoReserved A final decision ofthe city on an application for an appoalablo development shall become effective after tho ton working day appeal period to the Commission has expired following the final local action unless any ofthe following occur: A^ An appeal is filed in accordance with the Commission's regulations; Bt Tho notice of final local govornmont action does not meet the roquiromonts of Sections 21.201.160 and 21.201.170; Page 191 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) G^ The notice of final local government action is not received in tho Commission office and/or distributed to interested parties in time to allow for the ton working day appeal period- Whore any ofthe circumstances in this section occur, tho Commission shall, within five ealendar days of receiving notice of that circumstance, notify tho city and applicant that the effective date of the city action has been suspended. 21.201.190 Application for omorgoncv Emergency coastal development permits A. Applications in case of emergency shall be made by letter to the city planner dtrector or in person or by telephone, if time does not allow. "Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. B. The following information shall be included in the request: 1. Nature of emergency; 2. Cause of the emergency, insofar as this can be established; 3. Location ofthe emergency; 4. The remedial, protective or preventive work required to deal with the emergency; and 5. The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. C. The city planner director shall verify the facts, including the existence of the nature of the emergency, insofar as time allows. D. The city planner diroctor may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the citv planner director finds that: 1. An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 2. Public comment on the proposed emergency action has been reviewed, if time allows; and 3. The work proposed would be consistent with the requirements of the certified land use plan. E. The city planner director shall report, in writing, to the coastal commission through its executive director and to the city council at its first scheduled meeting after the emergency permit has been issued, the nature ofthe emergency and the work involved. The report of the city planner director shall be informational only; the decision to issue an emergency Page 192 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) permit is solely at the discretion of the city planner director subiect to the provisions of this section. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. If at that meeting, one-third ofthe city council so request, the permit issued by the city planner director shall not go into effect and the application for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.201. F. Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and issuance. 21.201.200 Expiration of theminor coastal development permits and coastal development permits A. The expiration period for an approved minor coastal development permit or coastal development permit shall be as specified in Section 21.58.030 of this titie. A coastal dovolopmont pormit shall expire on tho latost expiration dato applicablo to any other permit or approval required for the project, including any extension granted for othor permits or approvals but in no event shall this period exceed three (3) years without an extension of time. Ifthe project requires no permits or approvals other than a coastal devolopmont pormit, the coastal dovolopmont pormit shall expire two years from its date of approval if a building permit has not been issued for tho project. 21.201.210 Extensions A. Prior to theThe expiration ef-aperiod for an approved minor coastal development permit the permittee may apply to the director for an extension of tho or coastal development permit The application for an oxtonsion shall may be processedextended pursuant to the provisionsSection 21.58.040 of this chapter, title, and subject to the following: V ^An extension sfeaHmay be approved only if it is found that there has been no change of circumstances in relation to coastal resources per Section 13169 ofthe California Code of Regulations since the original granting of the permit. If the director finds that there has been a change of circumstances in relation tothat may affect the development's consistency with the certified local coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally approved. Tho docision of the director may bo appealed pursuant to the provisions of Soction 21.201.080(D). ff a comploto application for an extension has been timely filed, the planning commission or the city council on appeal may grant the extension after the expiration date.program or with the policies of Chapter 3 of the Coastal Act, if applicable. 21.201.220 Permit amendment Upon application by the permittee, a permit may be amended by the approving authority. Application for and action on an amendment shall be accomplished in the same manner as specified by this chapter for initial approval. A. An approved minor coastal development permit or coastal development permit mav be amended pursuant to the provisions of Section 21.54.125 of this title. Page 193 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.230 Coastal development permits issued by Coastal Commission The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning division. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain all discretionary approvals required by this code priorto filing an application with the Coastal Commission for said coastal development permit. 21.201.240 Violations of the Public Resources Code Any person who violates any provision of Division 20 of the Public Resources Code shall be subject to the penalties contained in Public Resources Code Article 2, Section 30820 et seq. AMENDMENTS TO CHAPTER 21.208 COMMERCIAL/VISITOR-SERVING OVERLAY ZONE Section 21.208.110 21.208.110 Required findings In addition to the findings required for the granting of a conditional use permit pursuant to Section 21.42.020030, conditional use permits issued pursuant to this chapter are subject to the following findings priorto approval: A. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overiay zone; B. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overiay zone; and C. That the project complies with all development and design criteria of the overiay zone. D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned property: That the proposed use is commercial in nature and therefore subject to the overiay zone, however, the proposed use is consistent with the intent and purpose of the P-M zone whose primary purpose is not to cater directiy to the general public, and allows certain commercial uses which cater to, and are ancillary to the uses allowed in the P-M zone, E. For recreation vehicle (RV) parks, overnight RV parking, campgrounds or overnight campsite uses: That the proposed use complies with all the provisions of Section 21.42.010(2)(H)(a) through (e) of this titie. Page 194 LAND USE DECISION MAKING (ZCA 11 -06/LCPA 11 -07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.210 HABITAT PRESERVATION AND MANAGEMENT REQUIREMENTS List of Sections in Chapter 21.210 21.210.010 Purpose and intent 21.210.020 Definitions 21.210.030 Applicability 21.210.040 Habitat preservation requirements 21.210.050 Habitat management requirements 21.210.060 Permits required 21.210.070 Minor HMP permit and HMP permit 21.210.075 Incidental take permit 21.210.080 Habitat management plan amendment 21.210.090 Guidelines 21.210.100 Enforcement measures—Violations and remedies Section 21.210.070 and 21.210.075 21.210.070 Minor HMP permit and HMP permit _A« minor HMP permit or HMP permit shall be required for any development project which directly or indirectiy impacts natural habitat in accordance with the procedures set forth in this section. 1. A minor HMP permit shall be required, except as specified in subsection A.2 of this section. 2. A HMP permit shall be reguired if the permit application is processed concurrently with anv other permit for which the planning commission or city council is the decision-making authority. AB. Application Reguiromontsand fees. 1, ^An application for a« minor HMP permit or HMP permit may be made by the record owner or owners of the property affected by the development project or the authorized agent of the owner or owners.- The application shalhThe application shall be filed with the planning director upon application forms providod by tho planning director. At tho timo of filing the application, tho applicant shall pay a processing foo in an amount specified by city council resolution. The application shall bo accompanied by a biological report, which allows for detailed review to determine compliance with this chapter. The biological report shall include tho following: a. Be made in writing on a form provided bv the city planner. b. State fully the circumstances and conditions relied upon as grounds for the application. Page 195 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Be accompanied by: this chapter. A legal description ofthe property involved. Adeguate plans that allow for detailed review pursuant to iii. A biological report, which demonstrates compliance with this chapter and includes the information specified in subsection C of this section. iv. All other materials as specified by the city planner. 2. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. C. Biological report. 1. AThe biological report shall be biological sun/ey prepared by a biologist^ The report shall-wfefefe identifyies: a. 4The location and quantifies gf.all habitat and vegetation on the property (or any off-site work area). b; The location of sun/ey shall also identify any covered species c. T-tThe location of any off-site wetiand, riparian habitat, oak woodland, nesting raptors or narrow endemic species located within one hundred feet ofthe property. 2, If the biological survey is conducted outside the acceptable time of year for identifying narrow endemic species, but the biologist identifies that narrow endemic species could be present on the property, then surveys for narrow endemic species must be conducted during the acceptable time of year in accordance with wildlife agencies protocols^, if such protocols exist. The processing ofthe HMP permit application will be held in abeyance until the applicant submits subsequent surveys conducted during the acceptable time of the year. 23. For projects located in a proposed hardline area, a map shall be submitted showing the precise boundary ofthe proposed development area and the proposed preserve area consistent with the proposed hardline preserve area figures contained in the HMP. 34. For projects located in the standards areas, an analysis shall be submitted which exactly and cleariy identifies: a. feHow the project complies with the standards and conditions contained in the HMPj.-afi4 MHCP. and IA, and any applicable permit conditions in the NCCP and 10(a)1(B) permits;! Page 196 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b^ ^tThe hardline preserve boundaries which would result from compliance with the standards; and c. feHow the project is being located on the least biologically sensitive portion of the property. 45. For projects which impact narrow endemic species, the following information shall be provided: a. A graphic depiction of all narrow endemic species located on the property where the development project is located; b. A written biological description of the status of the narrow endemic species; c. Quantification of both preservation of narrow endemic species and impacts to narrow endemic species associated with the project including direct and indirect effects on an area and individual plant basis; d. A written report of the feasibility or infeasibility of total avoidance of narrow endemic species population(s); e. A written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences, minimization and/or compensation through restoration or enhancement and consistently with the MHCP adjacency standards. §6. For projects which impact wetlands, the following information shall be provided: a. A graphic depiction of all wetlands located on the property where the development project is located; b. A written biological description of the status of the wetlands; c. Quantification of proposed impacts to wetlands associated with the project; d. Written analysis of the inability to avoid impacts to wetlands; e. Written description of project design features that minimize impacts to wetlands including buffers as described in Section 7-11 of the HMP. 07. An analysis of how the development project complies with the additional preservation conditions contained in Section 21.210.040(D) of this chapter. 78. A description of proposed additional mitigation consistent with Sections 21.210.040(C) and (E) of this chapter. Page 197 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 89. Any other information, data or analysis deemed necessary by the city planner. D. Notices and hearings. 1. Notice of an application for a minor HMP permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. 2. Notice of an application for a HMP permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. E. Decision-making authority. 1. Applications for minor HMP permits and HMP permits shall be acted upon in accordance with the following: a. Minor HMP permit. i: An application for a minor HMP permit may be approved. conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2ofthis title. ii. The city planner may approve or conditionally approve the minor HMP permit if all of the findings of fact in subsection F of this section are found to exist. b. HMP permit i. An application for a HMP permit may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.042 of this title. ii. The decision on a HMP permit shall be based upon the decision-making authority's review ofthe facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the public hearing. iii. The decision-making authority shall hear the matter, and may approve or conditionally approve the HMP permit if all ofthe findings of fact in subsection F of this section are found to exist. & Roviow Process. An application for an HMP permit or HMP pormit amendment shall be processed and approved concurrently with any othor dovolopment permits roquirod by Tities 11,15,18, 20 and 21 of this code. The same decision-making body or official which has the authority to finally approve, conditionally approve or deny the other development permits required for the project shall have the authority to finally approve, conditionally approve or deny an HMP permit Amendments to HMP permits shall be acted on by the same docision making body that approved the original HMP permit and any subsequent HMP permit amendments. Tho decision of the decision-making body or official is final and effective ten calendar days after the adoption ofthe resolution or written decision, unless within such ten-day period the applicant or Page 198 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) any other interested person files a written appeal utilizing tho same appeal procedure applicable to the other permits which are prooossod concurrently with tho HMP permit. If no other discretionary permits aro being processed concurrently with tho HMP permit, thon the appeal procedures contained in Chapter 21.54, Sections 21.54.140 and 21.54.150 of this titio shall apply^ G: Incidental Take Permit. If a development project impacts an HMP covered species and an incidental take permit is required under tho authority ofthe citywide incidental take permit issued for tho HMP, the planning director shall havo tho authority to issue tho take permit as long as an HMP permit has been approved for the project by the appropriate decision- making body or official pursuant to subsections A and B of this section. SF. Required Findings. V No minor HMP permit or HMP permit shall be approved unless the decision-making body authorityor official finds that 4a. The development project complies with the purpose and intent provisions of Section 21.210.010 of this chapter. 2b. The proposed development is in compliance with all provisions of the Carisbad habitat management plan (HMP), the implementing agreement, the multiple habitat consen/ation plan (MHCP), the natural community conservation plan (NCCP) and 10(a)1(B) permit conditions, the preservation requirements set forth in Section 21.210.040 of this chapter and the management requirements set forth in Section 21.210.050 of this chapter. 3c. The project design as approved by the city has avoided and minimized impacts to habitat and covered species to the maximum extent feasible. 44. If applicable, the take of covered species is consistent with the citywide incidental take permit issued for the HMP, will be incidental to otherwise lawful activities related to construction and operation of the project and will not appreciably reduce the likelihood of survival and recovery of the species. G. Announcement of decision and findinqs of fact. 1 • When a decision on a minor HMP permit or HMP permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. H. Effective date and appeals. a. Decisions on minor HMP permits and HMP permits shall become effective and may be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. I. Expiration, extensions and amendments. 1. The expiration period for an approved minor HMP permit or HMP permit shall be as specified in Section 21.58.030 of this titie. Page 199 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. The expiration period for an approved minor HMP permit or HMP permit may be extended pursuant to Section 21.58.040 of this title. 3. An approved minor HMP permit or HMP permit may be amended pursuant to the provisions of Section 21.54.125 of this titie. 21.210.075 Incidental Take Permit A. If a development proiect impacts a HMP covered species and an incidental take permit is reguired under the authority of the citywide incidental take permit issued for the HMP. the city planner shall have the authoritv to issue the take permit as long as a minor HMP permit or HMP permit has been approved for the project. Page 200 4^^^ CITY OF ^ CARLSBAD ERRATA SHEET FOR AGENDA ITEIVI #1 Memorandum February 1, 2012 To: Planning Commission From: Kevin Pointer, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #1 - ZCA 11-06/LCPA 11-07 - Land Use Decision Making Staff is recommending that the Planning Commission include the following revisions: The fourth paragraph on Page 2 of the Staff Report is corrected to clarify that the DRP Working Group's Summary Recommendations report was presented to City Council at a City Council Workshop in November 2009, not January 2009. Correspondingly, Line #9 of Exhibit "X", dated February 1, 2012 and attached to Planning Commission Resolution 6858 is modified to indicate the same correction. The first complete sentence on row #7 on Page 11 of Exhibit "X", dated February 1, 2012 and attached to Planning Commission Resolution 6858 is corrected to read as follows, "A minimum of one fifteen-gallon tree per four parking stalls shall be required in the parking area." Existing language indicates, "...one fifteen-gallon tree per fjye parking stalls..." Correspondingly, Page 17 of Attachment 4 - Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format is modified to indicate the correction as a proposed change to the Zoning Ordinance. Community 8i Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax