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HomeMy WebLinkAbout1996-02-21; Planning Commission; Resolution 39020 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1 I PLANNING COMMISSION RESOLUTION NO. 3902 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE CREATION OF CHAPTER 21.83, CREATING A SPECIFIC PLAN S ZONING DESIGNATION AND DETAILING THE REQUIREMENTS FOR PROCESSING A SPECIFIC PLAN. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 95-05 WHEREAS, the City of Carlsbad has filed a verified application amendment to the Zoning Ordinance as shown on Exhibit "Yff, dated February 21,195 WHEREAS, the Planning Commission did on the 21st day of FebruarJ hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimc arguments, if any, of all persons desiring to be heard, said Commission considered all relating to the Zone Code Amendment ZCA 95-05; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corm as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Corm RECOMMENDS APPROVAL of Zone Code Amendment, ZCA according to Exhibit IlY'l, dated February 21, 1996, attached hereto anc a part hereof, based on the following findings and subject to the fol conditions. Findings: 1. The Planning Commission finds that the proposed Zone Code Amendn consistent with the applicable goals and objectives of the General Plan in provides a mechanism whereby specific plans that more precisely impleme General Plan can be legally created and amended as needed. Conditions: 1. The Planning Commission does hereby recommend approval of the Zone Amendment (Exhibit "Y", dated February 17,1996, attached hereto) for the cr I 0 0 1 2 3 4 of a Specific Plan zoning designation entitled "City of Carlsbad, on fik Planning Department and incorporated by this reference, subject to the condition set forth. Staff is authorized and directed to make all corrections and modifica the Zone Code Amendment documents, as necessary to make them internally cc and confom to City Council's final action on the Project. Development sha, substantially as shown on the approved exhibits. Any proposed development subst different from this approval, shall require an amendment to this approval. 5 6 7 8 9 2. Approval of ZCA 95-05 is granted subject to the approval of SP 209, GPA 95-03! 95-05, ZCA 96-01 and ZC 95-05. ZCA 95-05 is subject to all conditions conti Planning Commission Resolution No's. 3898,3899, 3900, 3901 and 3903. 3. Approval of ZCA 95-05 is not effective until it is approved by the California 1 Commission. If the Coastal Commission approval is substantially differ amendment to the City-issued Zone Code Amendment (ZCA 95-05) SI required. 10 11 General Conditions: 12 13 14 15 16 17 4. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have the : revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or Mer condition all certificates of occ issued under the authority of approvals herein granted; institute and prosecute lit to compel their compliance with said conditions or seek damages for their violatic vested rights are gained by Developer or a successor in interest by the City's appr this Resolution. ~ 1) .... l8 /I 19 1 ".* 20 1 *". 21 I1 ---. 22 I/ .... 23 24 25 .... .... 26 /I *"* 27 I/ *--. 28 PC RES0 NO. 3902 -2- II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 1 Commission of the City of Carlsbad, California, held on the 21st day of February, 1994 following vote, to wit: AYES: Chairperson Compas, Commissioners Noble, Savary and TJ NOES: Commissioner Erwin I ABSENT: Commissioners Monroy and Nielsen ABSTAIN: None ~ WILLIAM COMPAS, Chafqerson CARLSBAD PLANNING COMMISSION ATTEST: .~ .~ !'r B c &: , $:?p, 1 k&, . . j. y -;,; ? 8 "" c; V&&>&+&,&. ; "72i .:, && L"< __ 'i %d I MICHAEL J. H~LZM~LER Planning Director PC RES0 NO. 3902 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Exhibit \I February 21, 199t ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLES 2 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 2.24.070(b), 21.05.030 AND THE ADDITION OF CHAPTER 21.83, CREATING A SPECIFIC PLAN S ZONE AND ZONING DESIGNATION AND ESTABLISHING THE PROCEDURE FOR THE ADOPTION AND AMENDMENT OF A SPECIFIC PLAN. CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 95-05 WHEREAS, it is desirable that the City adopt a procedl processing specific plans and their amendments to clarify and carry out the provi: Government Code Sections 65450 et seq., regarding adoption and amendment of plans, including the creation of a Specific Plan Zone to be reflected on the zoning NOW, THEREFORE, the City Council of the City of Ca California does ordain as follows: SECTION I: That Title 2 of the Carlsbad Municipal Code is an by the amendment of subsection (b) of Section 2.24.070 to read as follows: "(b) Except when otherwise provided by law, a majority vote quorum shall be required for any Planning Commission action, provided th recommendations of approval of General Plan amendments, or adoption or amendn specific plans, shall be made by at least four affirmative votes." SECTION 11: That Title 21 of the Carlsbad Municipal C amended by the amendment of section 21.05.030 to read as follows: "The location and boundaries of the various zones are such as and delineated on the zoning map of the city, which map is on file in the Office of tl Clerk and made a part of this title, except for those areas designated by S (Specific or P-C (Planned Community) in which case the location and boundaries of such ZOI shown and delineated on the applicable specific plan or master plan, which plans are in the Office .of the City Clerk and the Planning Department. The zoning map shall c the symbol S or P-C, as appropriate, accompanied by the number of the applicable s plan or master plan, as the case may be." .... 0 0 SECTION 111: That Title 21 of the Carlsbad Municipal ( 1 2 amended by the addition of Chapter 21.83 to read as follows: 3 "Chapter 21.83 4 S - SPECIFIC PLAN ZONE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sections: 21.83.010 21.83.020 21.83.030 21.83.040 21.83.050 21.83.060 21.83.070 21.83.100 21.83.110 21.83.120 21.83.130 21.83.140 Intent and purposes. Permitted uses and structures. General provisions. Prefiling procedure. Application. Contents of specific plan. Exception to specific plan. Planning commission duties. City council action. Amendment of specific plan. Implementation of specific plan. Pre-existing specific plans. 21.83.010 Intent and purpose. The intent and purpose of the S, specific plan zone, is to: A. Provide a method for and to encourage the orderly implementation general plan by the comprehensive planning and development of large tracts of land the entire tract will be developed in accord with an adopted specific plan to pro\ environment of stable and desirable character; B. Provide a flexible, regulatory procedure to encourage creative and imag planning of coordinated communities involving a mixture of residential densities and h types, open space, community facilities, both public and private and, where appro commercial and industrial areas; C. Allow for the coordination of planning efforts between developer and provide for the orderly development of all necessary public facilities to ensurc availability concurrent with need; D. Provide a framework for the phased development of an approved specif area to provide some assurance to the developer that later development will be acce to the city; provided such plans are in accordance with the approved specific plan. E. Provide a document that can sensitively and effectively guide developn areas that are special or unique due to such characteristics as topography, environ~ constraints, previous or surrounding land uses. F. Establish uniform procedures for the adoption of and implemental specific plans for the coordination of future development within the City, pursu Government Code Section 65450 et seq. G. Take advantage of the project processing streamlining opportunities prc by the CEQA exemptions for subsequent projects consistent with an approved specifj 2 I II 0 0 1 2 3 4 5 6 7 a 9 x0 11 12 13 14 15 16 17 18 as set forth in Government Code Section 65457 and Public Resources Code Section : 21.83.020 Permitted uses and structures. In the S, specific plan zone, the permitted uses and structures shall be establi; a specific plan of development approved in accordance with this chapter which may any use found to be necessary and desirable for a community planned in accordan the purposes of this chapter; provided that such permitted uses and structures s consistent with the general plan. 21.83.030 General provisions. A. The S zone may be established on one or more parcels of land wh suitable for and of sufficient size to be planned and developed in a manner consiste the purposes and objectives of this chapter. B. A specific plan shall be subject to all other applicable provisions of T Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation oca regulations specified in this chapter or the approved specific plan shall control. 21.83.040 Prefiling procedure. A. Prior to filing an application for a specific plan, an applicant may pre: proposal with the planning director for review. The director may contact intc departments and agency personnel and arrange any necessary meetings with the apl This procedure may involve a review of the general outline of the proposal. After : the planning director may furnish the applicant with written comments regarding the conferences including recommendations as appropriate to inform and assist the ap prior to his formal application for specific plan approval. At the minimum, a pre-appl conference with community development division representatives is required prior filing of the formal specific plan application. B. Prior to the preparation of a specific plan or environmental impact re required, the applicant shall hold a public scoping meeting to identify potential com impacts and concerns about the project. Public notice of the scoping meeting is re4 Noticing procedures shall be defined by City staff at the pre-application conferencr. 19 20 21 ,22 23 24 25 26 27 28 21.83.050 Application. An application for approval of a specific plan shall be made to the city ( through the planning department and planning commission in accordance with proc set forth below: A. An application for a specific plan may be made by the city or the record or owners, or their duly authorized agents, of the subject property. It shall be filed w. planning director and must contain the signatures of the record owner or owners subject property. The city council by motion may initiate an application for a specific €3. The planning director shall prescribe the form and content fox application. C. A fee in an amount established by city council resolution shall be paid D. The application shall be accompanied with a preliminary specific plan g. and text, open area plan, and shall include all components listed in section 21.83.06 I ~ ~ the application is filed. 3 II /I a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 21.83.060 Contents of specific plan. accordance with and contain the following: A specific plan for the development of a planned area shall be prep A. Graphic plans of the proposed development that include the followil 1. A map and legal description of the property with a north poi not less than one inch equals two hundred feet, showing the date of preparation , name and address of the plan’s preparer, be it company or person. 2. A regional location map and vicinity map. 3. Location of the various land uses shall be indicated by the use designations of development zones and overlay zones as provided in this title. Devel of property within the area of each such zone shall be subject to the regulation: indicated zone unless specifically modified as a part of the specific plan approval. 4. An integrated open space program that is at least fifteen percen total specific planned area is required, except that the city council may reduce this ; if the proposed open space is found to be adequate and is integrated with a prop( amount of off-site open space. This open space program shall address four SI categories of open space including: a. Open space for the preservation of natural resources; b. Open space for the managed production of resources; c. Open space for outdoor recreation; and d. Open space for public health and safety. Land uses considered as open space for purposes of this chapter are properties tl publicly or commonly owned for the benefit and use of the public or residents community such as parks, recreation facilities, greenbelts that are at least twenty-fee natural areas that are at least ten thousand square feet in area, bikeways and ped paths. These areas are to be indicated in the specific plan and not used for an! purpose. 5. The location of public and quasi-public facilities such as schoo stations, transmission lines shall be indicated. 6. The locations of major circulation systems and collector stree their relationship to the circulation element shall be indicated. Bikeways, pedestrian interconnecting open space areas and other special access means shall also be shov 7. Facilities for water supply and sewerage disposal, including sew water trunk lines, solid waste disposal and recycling facilities, energy, fire station sites drainage and flood control structures, and any other public facility needed to PI service the proposed community shall be indicated. 8. Phasing of development shall be indicated. Adequate public fat open space, recreation areas and street systems shall be provided for each phase. 9. A constraints map showing all constraints on the property, includj not limited to, topographical contours at no less than twenty-five foot intervals; existin and other natural features; permanent bodies of water and intermittent drainage c( biological habitats, such as riparian, woodlands and coastal sage scrub; floodplains, we and beaches; and archeological sites. 10. Proposed development shall be consistent with the topography, a provisions of the Hillside Development Regulations, Chapter 21.95 of this title, if applj to reduce the amount of grading. A graphic shall indicate where significant grac anticipated and for what reasons it is necessary. 2% I1 4 0 a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. A text shall accompany the graphic plans and shall include in the ( 1. An introduction which details the intent and purpose of the listed below: plan, the relationship of the plan’s policies to its regulations and how the polic regulations implement the plan7s purpose, the specific plan’s relationship to tht general plan (and the general plan of neighboring jurisdictions) if applicable. 2. A description of each type of land use by acre and area indica1 number and type of anticipated dwelling units in each of the residential areas, anti uses in the commercial, industrial zones and the land area for parks, schools, commc area and other public facilities and community services, The description of housing include a discussion of how the specific plan will provide affordable housing in confo with Chapter 21.85 of this code. For each of the open space categories identified in, 21.83.060(1)(C), the specific plan text shall also include a description of the rt type/environmental constraint being preserved or avoided or the types of recre facilities proposed within recreational open space areas, and a program for preserving maintaining the open space areas and standards for the conservation, developme utilization of natural resources, where applicable, 3. Land use and public facility economic impact report that cont: following: a. Justification for the proportions of the various land use: on the projected population and acceptable marketing or planning techniques, b. Projected fiscal impacts the development will have on the of the city and other governmental or quasi-public agencies to provide necessary st This report shall include the approximate cost of dwelling units, anticipated land an taxes to the city and costs of necessary public services. The report shall be preparec economic consultant independent of the applicant but at the applicant’s expense, 4. Specific development provisions to be applied such as plannt development permit, conditional use permit, or site development plan shall be ind Development of property within areas so indicated shall be in accord with the terms permit and the provision of this title applicable to such permits. 5. Special development regulations, including any modifications c designation regulations such as site design standards, architectural themes and star landscape guidelines and signage, 6. A program of implementation measures including regul programs, public works projects, and financing measures necessary to carry o requirements of the specific plan. This program should anticipate and accommodb needs for parks, schools and other public facilities based on the anticipated populai the community and the timing of its development consistent with the underlying Facilities Management Plan and include the following: a. A description of the subsequent approvals or pennit nec to implement the plan, including local permits and any approvals or permits from local, state or federal agencies, b. A capital improvements program that estimates the cost necessary public works projects, details the financing measures for those projec, identifies the persons or agencies responsible for financing and constructing each work improvement, 5 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 c. Phasing schedule indicating the timing for each sectior development, what public facilities, capital improvements, low income housing, oper recreation facilities or amenities, will be provided with each phase, 7. Methods to be employed for the maintenance of commonly held lands such as open space, recreation areas, street and parking areas. Possible m depending on the circumstances, include maintenance by developer, home( association, maintenance district, or city, 8. Special requirements as requested by the applicant or required City which may include, but are not limited to, any of the matters which may be re] by the specific plan pursuant to Section 65451 of the Government Code; C. A landscape open area plan that includes all open spaces as required chapter and all other such areas proposed for the development. This plan shall in graphic indicating areas to be landscaped, left natural, or used as recreation, 1 pedestrian ways and open space. In addition, the plan shall include the proposed ow1 and indicate who will have the responsibility for the maintenance of the various Q open areas; D. A community identification sign program that, in addition to signs otk permitted in the specific plan area, will show community entrance signs, directional sit temporary informational signs. The program may include the following: 1. Graphic representation of design motif, 2. Location of permanent community entrance, directiona informational signs, 3. Type, number and dimensions of temporary information; directional signs that will be used during development only, 4. Special sign program for the commercial and industrial portion community including standards for development based on sign area footage per line; face of building and sign height maximums. 5. A community identification sign program may be provided in ac to those signs permitted in Chapter 21.41, but in no case may the sign program excet allowed for community identity signs in Chapter 21.41. If no community identificatic: program is desired, the specific plan text shall so indicate; E. Park land dedications may be required as a condition of all specific pla required park lands shall be dedicated prior to the adoption of the first final map wit1 specific plan area. Prior to dedicating park land(s) to the city, the specific plan apI shall be required to submit the following information to the city: 1. The specific plan shall identify the location and acreage of thl site(s) on the land use map and shall also include a discussion of the park(s) in the s plan text. Prior to final adoption of the specific plan, the applicant shall enter recordable agreement with the city, and agreeable to the city, which generally depil location of the park site(s) on a map and also contains provisions whereby the dev agrees to dedicate the described park area(s) when required under this section, 2. The specific plan shall include the location of the park(s), biologic soils analysis of the site(s), a cultural resources inventory, any other environmental r as may be required by the Planning Director, and a conceptual development plan park(s) to the satisfaction of the Community Services Director, 3. The applicant shall also provide, in writing, a statement as to w: or not the park site(s) has ever been used for the disposal or storage of toxic 7 28 11 6 I1 0 e // pursuant to Section 25300 et seq. of the Health and Safety Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 21.83.070 Exception to specific plan. Areas within a specific plan may be reserved for future planning, provided suc do not exceed twenty-five acres. Such reserved areas shall be so indicated and will amendment to the specific plan to include all required contents prior to developmc 21.83.100 Planning commission duties. The planning commission shall conduct a noticed public hearing in accordan Government Code Section 65343 and Chapters 21.52 and 21.54 to consider the app: for a specific plan and shall prepare written recommendations and findings for 1 council including all matters set out in Section 21.83.110. Any recommendation for a] or amendment of a specific plan shall be made by at least four affirmative votes. The of the commission shall be filed with the city clerk, and a copy shall be mailed applicant. 21.83.110 City council action. A. When the planning commission action is filed with the city clerk, th, shall set the matter for public hearing before the city council, to be noticed and 1 accordance with the provisions of Government Code Section 65355 and Chapters 21. 21.54. B. The city council shall hear the matter, and after considering the findir recommendations of the planning commission, may by ordinance, or by resolution, a a specific plan if, from the evidence presented at the hearing, the council finds tha the following facts exist: 1. The proposed development as described by the specific r consistent with the provisions of the general plan. 2. The proposed plan would not be detrimental to the public ir health, safety, convenience, or welfare of the City. 3. All necessary public facilities can be provided concurrent with ne adequate provisions have been provided to implement those portions of the improvement program applicable to the subject property. 4. The residential and open space portions of the communi constitute an environment of sustained desirability and stability, and that it will harmony with or provide compatible variety to the character of the surrounding are that the sites proposed for public facilities are adequate to serve the anticipated popu 5. The proposed commercial and industrial uses will be appropr area, location and overall design to the purpose intended. The design and develo standards are such as to create an environment of sustained desirability and stability development will meet performance standards established by this title. 6. In the case of institutional, recreational, and other I nonresidential uses, such development will be proposed, and surrounding areas are prc from any adverse effects from such development. 7. The streets and thoroughfares proposed are suitable and adeqL carry the anticipated traffic thereon. 8. Any proposed commercial development can be justified econor at the location proposed and will provide adequate commercial facilities of the types n 28 I/ 7 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ I at such location proposed. 9. The area surrounding the specific plan area is or can be planr zoned in coordination and substantial compatibility with the specific plan area. 10. The proposed plan will contribute to the balance of land use local residents may work and shop in the community in which they live. C. The city council shall make no substantive modification of a proposed plan as recommended by the planning commission unless and until such modificat been referred to the planning commission for additional study, report and recommen Such additional study, report and recommendation shall be made by the pl commission within forty-five days of the date of the referral, unless and except as 1 council may grant the planning commission additional time for its review of the 1 Failure of the planning commission to act within the time limit constitutes their concl with the city council actions. 21.83.120 Amendment of specific plan. A. The amendment of a specific plan may be initiated by the city, p: owner(s) or authorized agent(s) as follows: 1. A request for an amendment shall be submitted to the planning C in written form and shall be accompanied by a complete application containin additional graphics, statements, or other information as may be required to suppc proposed amendment. 2. A fee in an amount established by city council resolution shall 1: when a specific plan amendment application is filed. 3. An application for a modification of a specific plan shall be proc heard, and determined in accordance with the terms of this chapter applicable adoption of a specific plan. B. The city council may by motion initiate an amendment to a specific plal amendments shall be processed, heard and determined in accordance with the terms chapter applicable to the adoption of a specific plan. C. If the specific plan is adopted by ordinance, rather than resolutiol establishes the zoning for the subject site then the specific plan can only be amen( ordinance. D. The specific plan process is part of the ongoing city planning effor anticipated that amendments to the specific plan may be necessary prior to comple the specific plan community. Approval and construction of a sectional part of a specif area shall not vest rights in the remainder of the plan. The plan is intended ratht planning framework to ensure that the parts of the plan as constituted are PI integrated into the city’s planning process. 21.83.130 Implementation of specific plan. A. To ensure that the provisions and requirements of the approved specif] are fulfilled, the following procedures shall be used: 1. Upon final approval of a specific plan, the planning director sha the specific plan designation number on the official zone map. 2. No public works project, tentative map or parcel map, or other la entitlement may be approved, adopted or amended within an area covered by a specif unless found consistent with the adopted specific plan. Subdivision of land in the s I 8 I ! 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 plan area shall meet all requirements of Titles 20 and 21 of this code as well approved specific plan. 3. Development of property within a specific plan area pursua special process such as site development plan, planned unit development pe conditional use permit shall meet all requirements of the permit, the approved speci: and the provisions of this title applicable to such permit, except as otherwise provide specific plan. 4. Business licenses, home occupations and ministerial permits building permits shall meet all requirements of this code and the approved specific 21.83.140 Pre-existing specific plans. Property with an approved specific plan (adopted pursuant to Governmer Sections 65450 et seq.), in effect prior to the effective date of this chapter, can be del in accord with such specific plan without further processing as required in this cha] such a pre-existing specific plan is proposed for amendment, the provisions of 21.83.120 shall apply and that specific plan shall be brought into conformance P requirements of this chapter." SECTION 111: That the findings and conditions of the P: Commission in Planning Commission Resolution No. 3902 shall also constitute the f and conditions of the City Council. EFFECTIVE DATE This ordinance shall be effective thirty da its adoption, and the City Clerk shall certify to the adoption of this ordinance and ( to be published at least once in a newspaper of general circulation in the City of C within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting Carlsbad City Council held on the - day of , 19-, and thereafter .... .... .... .... I --.- .... 9 ll 1 2 3 4 5 6 7 a 9 10 11 12 13 a e PASSED AND ADOPTED at a regular meeting of said City ( held on the __ day of , 19-, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor I 14 15 ATTEST: 16 l7 18 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 19 2o I 21 22 23 24 25 26 27 28 10