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HomeMy WebLinkAbout1982-05-26; Planning Commission; Resolution 1955L i I1 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 1955 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.35 ESTABLISHING A VILLAGE REDEVELOPMENT ZONE. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-140 WHEREAS, the Planning Commission did, on the 26th da) 7 May, 1982, hold a duly noticed public hearing as prescribed bJ 8 9 10 11 12 13 14 Commission as follows: 15 A) That the above recitations are true and correct. 16 B) That based on the evidence presented at the public hearinc Commission recommends APPROVAL of ZCA-140 according to Ex1 17 "A", dated May 26, 1982, attached hereto and made a part hereof, based on the following findings: l8 Ifindings: l9 1) This Zone Code Amendment will provide a zoning classifica. 20 to implement the land use classifications and development standards of the Village Redevelopment Plan and Design Mal 21 2) This Zone Code Amendment will provide a procedure to revil 22 development proposals within the Redevelopment Area in an organized and efficient manner. 23 24 to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persor desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin? 3) This Zone Code Amendment will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director and approved by the Plann 25 Commission. 26 //// 27 I\//// 28 //// I I_ * Ii 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 26th day of May, 1982, by the following vote, to wit: 3 Planning Commission of the city of Carlsbad, California, held 4 5 6 7 AYES: Farrow, Rombotis, Schlehuber, Friestedt, RaWli NOES: None ABSENT : Marcus, Jose I ABSTAIN: None a 9 10 11 ATTEST: c31h"&-j$$ww&. 1 VERNON! J. FARROW, JR., Chairmi CARLSBAD PLANNING COMMXSSION "2 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 1955 -2- - ." \ -. L, n .m 6 2s E$ cn du. ut5 z> 6g 0"~~ u:. 34 gEz2 z$! 5 E N oo3z mG -I gz;: >t- IT a< 0 - 0. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 39 I 20 21 22 23 24 25 26 27 ~ 28 !I 0 0 EXHIBIT "A" MAY. 26, 1982 ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD, MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.35 ESTABLISHING A VILLAGE REDEVELOPMENT Z9NE. The City Council of the City of Carlsbad, Californi; does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.35 to read as follows: Chapter. 21 . 35 V-R VILLAGE REDEVELOPMENT ZONE Sections: .. 1 .. I , I I 21,35.010 Intent and purpose. 21.35.020 Incorporation of redevelopment plan and 21-35.030 Land affected by this chapter, 2 1,35.040 Permitted uses. 21.35.050 Conditional uses, 21.35.060 General regulations, 21.35.070 Planning Commission designated as'the .. design. and .review board. design manual by reference. 21.35.080 21.35-085 21.35.C90 21.35.110 21.35.115 21.35.720 21,35.130 21.35.140 21,35.150 Redevelopment permit, Minor Projects. Permit application. Transmittal to design review board. Appeal to Housing and Redevelopment commission. Housing and redevelopment commission act Consolidation of other permit requiremen Exemptions, Compliance with other provisions of this code * 21.35.010 Intent and purpose, The Village Redevelopment Zon'e is intended to establish land use classifications and develop standards and procedures for th2 ' area of the city described in the Carlsbad Village Area Redevelopment Plan as adopted by City Council Ordinance. ' No, 9591. This zone adopts the land use classifications anC development standards of the Carlsbad Village Area Redeveloy Plan and of the Village Design Manual adopted pursuant to tk redevelopment plan as the zoning for the area designated, - ..- . .. " i ! i 1 2 3 4 5 6 7 8 9 10 11 12 2 Y g 13 52 a dLLW no3z 141 z 5g cC~E 15 *G -1 u:. 54 54sd 16 $622 zp y >F LT 17 cl .E N wv ;z k 0 l8 i 3-9 j 21 ! 2o I 2a I 22 I 23 25 1 26 27 28 1 0 e 21.35.020 Incorporation of redevelopment plan and design rnanuaJ by reference. The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council Ordina No. 9591 and the Village Design Manual as adopted by Carlsbad Housing and Redevelopment Commission Resolution. No. hereby adopted by reference and incorporated into this chapte 21.35.030 Land affected by this chapter. This chap shall apply only to lands located within the boundries of the the Carlsbad Village Area Redevelopment Plan. Carlsbad Village Area, the boundries of which are described i 21.35.040 Permitted uses, Only those uses specifie in the Carlsbad Village Area Redevelopment Plan and the Villa Design Manual as permitted uses for particular property in th Village Redevelopment Area shall be permitted. 21.35.050 Conditional uses. Uses permitted as conditional uses by the Carlsbad Village Area Redevelopment F and the Village Design Manual shall be permitted upon issuanc of a redevelopment permit approved according to this chapter. 21.35.060 General regulations. Subject to the provisions of Section 21.35.130’ and except as otherwise provi by the Carlsbad Village Redevelopment Plan or the Village Des Manual the regulations of this title which apply to uses generally or generally to all zoning classifications shall aE to property and uses in this zone. 21.35.070 Planning commission designated as the des and review board. The planning commission of the City of Carlsbad shall serve as the design review board for the Carl: Village Redevelopment Area. 21.35.080 Redevelopment permit. No development, redevelopment, building or rebuilding shall occur in the are; subject to this chapter without a redevelopment permit first having been issued by the Housing and Redevelopment Commissic or, for minor projects defined in Section 21.35.085, by the Design Review Board . 21.35-085 Minor Projects. A minor project include: a) Requests not involving a structural change; b) projects involving a structural change costing less than $20,000; c) t changes in existing buildings; d) new signs or changes to existing signs. 21.35.090 Permit Application. An application for a redevelopment permit may be made by the record owner or ownel of the property on which the development is proposed to be constructed or the authorized agents thereof, The applicatic shall be filed with the Director of Building and Housing services upon forms provided by him and shall be accompanied plans in sufficient detail to allow review pursuant to this 2. n 2 23 :$ OI oL1 LUQ no=s z>-gO 0, ClCL mOHA gzg6 EgPs zc II: .cc :: u. I JQ wu >t- oc rc< zv !z 0 1 2 3 4 5 6 7 81 9 10 21 12 13 14 1 I.5 I I 16 27 I 19 X€3 I I/ 2o 11 1; 1 I 21 22 23 I/ It 24 !/ 25 // 26 27 1 I 28 I i 1 e 0 chaptx, a legal description of the property involved and an expianation and description of the proposed use. The Direct1 Bui!.ding and Xousing may prescribe the form and content for : application. If the project involves the subdivision of lam the application shall be accompanied by a tentative map or tentative parcel map which shall be filed in accordance with provisions of Title 20 of this code. If .a subdivision map h, previously been recorded on the lot permitting the use of property for the purposes stated in the redevelopment permit application then a tentative map or tentative parcel map nee' be'filed. The Director of Building and Housing shall forwar application to the appropriate city departments for review a recommendation. Except as provided herein, the Director of Building and Housing shall also refer the application to the Housing and Redevelopment Advisory Committee for review and recommendation. The Committee need not hold a public hearin the application. If the Committee does not report on the application within 30 days of the date the application is referred to it, the application shall be deemed to have been recommended for approval. Pursuant to Section 34120.5 of tht Health and Safety Code the Committee may, by resolution, exc: from its review applications for all or any classification 0: projects subject to this chapter. The application shall be accompanied by a fee in the amount established by City Counc resolution. 21.35.100 Transmittal to design review board. Aftc all necessary reports and recommendations have been received Director of Building and Housing shall transmit the applicat for the redevelopment permit together with the reports and t! reconmendations of the appropriate departments to the design review board for a public hearing. Notice of the public hea. sha:ll. be given as provided in Section 21.54.060(1) of the cot 21.35.110 Design review board action. The Design Review Board shall hold a public hearinE on all redeveloDmen. prnits. For minor projects defined in-Section 21.35.083, t' Design Review Board shall consider the evidence and approve, conditionally awrove or disapprove the project. Such deteraimtion shall be made in accordance with this code, thc general. plan, the Carlsbad Village Area Redevelopment Plan ar the Village Design Manual. For all other projects the Desigr Review Board shall prepare a report and recommendation to thf housing and redevelopment commission. This report and recommendation shall be reported to the city clerk who shall the matter for public hearing before the Housing and Redev2lopment Commission. Notice shall be given as provided Section 21.54.060(1) of this code. 21.35.115 Appeal to Housing and Redevelopment Commission. Any interested party may appeal a Design Review Board's decision on a minor project by filing a written appe< with the city clerk within 10 days of the date of the decisic 3: ,I 2 1 2 3 4 5 6 7 a 9 10 11 12 g Z 13 .2 g 55 cD "$E duu5 15 l4I. u. 34 mG -I kkg6 16 g$q ZE y 't 2 17 t P 6 gt.22 wu 0 - u 18 i 19 ' 1 I 2o ji 21 22 23 25 26 24 I 27 I 28 e 0 21.35.120 Housing and redevelopment commission act The Housing and Redevelopment Commission shall hold a public hearing on a redevelopment permit which has been appealed or which the Design Review Board has filed a report with the ci clerk, At the public hearing, the Housing and Redevelopment Commission shall review the Design Review Board's report, sh consider the evidence and shall approve, conditionally apprc or disapprove the permit, Such determination shall be made accordance with this code, the general plan, the Carlsbad Vj Area Redevelopment Plan and the Village Design Manual. The, Housing and Redevelopment Commission may refer the permit tc Housing and Redevelopment Advisory Committee for report and recommendation. Such report and recommendat ion shall be mat within 30 days of the dated referral. The Housing and Redevelopment Advisory Committee need not hold a public hear on the project. 21.35.130 Consolidation of other permit requiremen Whenever a project would require a permit or approval under provisions of this title not withstanding this chapter, the redevelopment permit shall be deemed to satisfy the requirerr for such permit or approval provided, however, that in considering the redevelopment permit for said project the De Review Board and the Housing and Redevelopment Commission sh apply the provisions of this chapter and the provisions of t title otherwise applicable to such other permit or approval the project . 21.35,140 Exemptions. The Housing and Redevelopme Commission is authorized to grant exceptions from the limits restrictions and controls established by this chapter if the Commission finds that the application of certain provisions this chapter would result in practical difficulties or unnecessary hardships which would make development inconsist with the general purpose and intent of the Carlsbad Village Redevelopment Plan; there are exceptional circumstances or conditions unique to the property or the proposed developmen which do- not generally apply to other properties or developrr which have the same standards, restrictions and controls; th granting of an exemption will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area; and the granting of an exemption will not contradict the standards established in t Village Design Manual. An application for exemption shall E processed in the same manner established by this chapter for redevelopment permit, In granting an exemption, the Housing Redevelopment Commission may impose such conditions as are necessary to protect the public health, safety and welfare. 21.35.150 Compliance with other provisions of this code. Projects developed pursuant to this chapter shall be mect to all other applicable provisions of the Carlsbad Municipal Code including but not limited to those provisions Titles 18, 19 and 20. 4. .I 'I D d $m -18 %$ a du. w5 -0 N 0032 -Ot- z>:;: 4% E?.;: !$8& gp22 zp y du >+ K Q5 1.0 t 0 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 I I L9 1 20 11 I/ 21 I I 22 23 I I I 24 11 I 25 ' 26 27 28 I e a 21.35.160 Amendments. Amendments to the Carlsbad ViliLage Area Redevelopment Plan or the Village Design Manual shal.1.. be deemed to be amendments to this chapter, provided, however that such anendements are processed and noticed in a martrier which meets the requirements of Chapter 21.52 of this code, Amendment of the Village Design Manual by Housing and Redevelopnent Commission resolution shall be deemed to satis the requirements of Chapter 21.52 of this code provided all other requirements are met. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall cer to the adoption of this ordinance and cause it to be publish least once in the Carlsbad Journal within fifteen days after adoption. INTRODUCED AND FIRST READ at a regular rneeting of t Carlsbad City Council held on the day of 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said Cit Council held on the day of , 1982, the following vote, to wit: AYES: NOES : ABSEMT : RONALD C. PACKARD, Mz ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 5.