Loading...
HomeMy WebLinkAbout2003-08-20; Planning Commission; Resolution 54501 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 PLANNING COMMISSION RESOLUTION NO. 5450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND VARIOUS PROCEDURES OF TITLE 21 OF THE MUNICIPAL CODE AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) CEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND, (5) ADDING A DEFINITION FOR PORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES REVISING AND CLARIFYING SOME REVIEW PRO- WIRELESS COMMUNICATION FACILITIES AND INCOR- CASE NO: ZCA 00-02 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to amend various standards of Title 21 of the Municipal Code (Zoning Ordinance) related to the review and processing of land use applications proposed throughout the City; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated, August 20, 2003, and attached hereto VARIOUS CODE CHANGES - ZCA 00-02; and WHEREAS, the Planning Commission did on the 20th day of August 2003, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission 02, based on the following findings: RECOMMENDS APPROVAL of VARIOUS CODE CHANGES - ZCA 00- Findinm : 1. 2. ... ... ... ... ... ... ... ... ... ... ... That the proposed Zone Code Amendment ZCA 00-02 is consistent with the goals and objectives of the General Plan in the following ways: a. The proposed amendment clarifies and improves the development review process. This is consistent with the General Plan Land Use Element Overall Land Use Pattern Goal A.l, which seeks to enhance the image of Carlsbad as a desirable community. b. The proposed amendment repeals density provisions that are inconsistent with General Plan. State law (Government Code Section 65860(c)) mandates that the Zoning Ordinance be consistent with the General Plan. c. The proposed amendment incorporates by reference the City Council policy on wireless communication facilities. This is in keeping with General Plan Land Use Element Overall Land Use Pattern Objective B.2, which states in part, “To create a visual form for the community, that is pleasing to the eye. 99 .. That the proposed ZCA reflects sound principles of good planning in that it (a) complies with the General Plan, (b) ensures consistency between the Zoning Ordinance and Local Coastal Program, and (c) amends several provisions that improve and clarify the development review process. PC RES0 NO. 5450 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 20th day of August 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None JULIEB R, hairperson CARLSB-G COMMISSION ATTEST: MICHAEL J. HMLZ&LLER Planning Director PC RES0 NO. 5450 -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 Exhibit “X’ August 20,2003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LOCAL COASTAL PROGRAM AND TITLE 21 OF THE MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) REVISING AND CLARIFYING SOME REVIEW PROCEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND (5) ADDING A DEFl NlTlON FOR WIRELESS COMMUNICATION FACl LIT1 ES AND INCORPORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES CASE NO.: ZCA 00-02/LCPA 00-09 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.04.065(a)(4) of the Carlsbad Municipal Code is amended to read as follows: ‘‘21.04.065(a)(4) Building height is measured to the peak of the structure. Per Section 21.46.020 of this title, protrusions above height limits may be allowed. SECTION II: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.099 to read as follows: “21.04.099 Community development director. ‘Community development director’ means the director of community development of the city or his or her designee.” SECTION Ill: That Section 21.04.108 of the Carlsbad Municipal Code is repealed. SECTION IV: That Section 21.04.201 of the Carlsbad Municipal Code is repealed. SECTION V: That Section 21.04.292 of the Carlsbad Municipal Code is amended by its renumbering to Section 21.04.293. SECTION VI: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of new Subsection 21.04.292 to read as follows: ‘21.04.292 Planning director. 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 ‘Planning director’ means the director of planning of the city or his or her designee. In addition, the term “director” as used throughout this Title shall also mean the planning director unless the context clearly requires otherwise.” SECTION VII: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.379 to read as follows: ‘21.04.379 Wireless communication facility. ‘Wireless communication facility’ means any component, including antennas and all related equipment, buildings, and improvements for the provision of personal wireless services as defined by the federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them.” SECTION VIII: That Section 21.05.010 of the Carlsbad Municipal Code is amended to read as follows: “21.05.01 0 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-five classes of zones are established by this title to be known as follows: Q--Qualified Development Overlay Zone E-A--Exclusive Agricultural Zone R-A--Residential Agricultural Zone R-E--Residential Estate Zone R-1 --One-family Residential Zone R-2--Two-family Residential Zone R-3--Multiple-family Residential Zone R-P--Residential-Professional Zone R-T--Residential Tourist Zone H-0 -- Hospital Overlay Zone R-W--Residential Waterway Zone RD-M--Residential Density-Multiple Zone C-F -- Community Facilities Zone RMHP--Residential Mobile Home Park C-1 --Neighborhood Commercial Zone 0 -- Office Zone C-2--General Commercial Zone C-T-- Commercial Tourist Zone C-M--Heavy Commercial-Limited Industrial Zone F-P--Floodplain Overlay Zone M--Industrial Zone 0-%Open Space Zone P-M--Planned Industrial Zone P-U--Public Utility Zone P-C--Planned Community Zone L-C--Limited Control Zone S-P--Scenic Preservation Overlay Zone VR--Village Redevelopment Zone -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAO -- Beach Area Overlay Zone T-C -- Transportation Corridor Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment CN-SO -- CommercialNisitor-Serving Overlay Zone” SECTION IX: That Section 21.05.020(2)(a) of the Carlsbad Municipal Code is amended to read as follows: “21.05.020(2)(a) All other uses are less restrictive in the order they are first permitted in the respective zones. All other zones are less restrictive in the order established by this subsection. Residential zones are more restrictive than commercial zones and commercial zones more restrictive than industrial zones. from most restrictive to least restrictive as follows: (a) The degree of restrictiveness for residential zones shall be in a sequence R-1 , R-E, R-A, equally restrictive except as provided in subsection (3); R-2, RMHP equally restrictive; R-3, RD-M, equally restrictive; R-T, RW, equally restrictive; R-PI least restrictive. (b) The degree of restrictiveness for commercial zones shall be in a sequence (c) The degree of restrictiveness for industrial zones shall be in a sequence from from most restrictive to least restrictive as follows: C-1 , (2-2, C-TI C-M. most restrictive to least restrictive as follows: P-MI M.” SECTION X: That Section 21.05.020(4) of the Carlsbad Municipal Code is repealed and the following subsection shall be sequentially renumbered. SECTION XI: That Section 21.06.130 of the Carlsbad Municipal Code is amended to read as follows: “21.06.130 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 decision shall be governed by Section 21 54.1 50 of this Code.” SECTION XII: That Section 21.06.140 of the Carlsbad Municipal Code is repealed. SECTION XIII: That Section 21.06.150 of the Carlsbad Municipal Code is renumbered and amended to read as follows: ‘21.06.140 Final site develoDment Dlan. After approval the applicant shall submit a reproducible copy of the site development plan which incorporates all requirements of the approval to the planning director for signature. Prior to signing the final site development plan, the planning director shall -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 determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed site development plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property.” SECTION XIV: That Section 21.06.160 of the Carlsbad Municipal Code is renumbered to be Section 21.06.1 50. SECTION XV: That Section 21.08.080(b) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(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 the planning commission.” SECTION XVI: That Section 21.08.080(d)(l) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(l) The area of the buildable portion of the lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with the authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots, with a buildable portion of less than ten thousand square feet, is approved, development within such subdivision shall conform to the plan as approved.” SECTION XVII: That Section 21.08.080(d)(2) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(2) The width requirements for the buildable portion of the lot shall be met as required for lots in the zone district.” SECTION XVIII: That Section 21.08.080 (d)(10) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(lO) Any other condition the official or decision-making body with the authority to otherwise approve the subdivision may determine to be necessary to properly develop such property.’’ SECTION XIX: That Section 21.09.120(2) of the Carlsbad Municipal Code is amended to read as follows: -4- 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 “21.09.120(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.’’ SECTION XX: That Section 21.09.120(2)(F) of the Carlsbad Municipal Code is amended to read as follows: “21.09.120(2)(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 of the city engineer.” SECTION XXI: That Section 21.10.080(b) of the Carlsbad Municipal Code is amended to read as follows: “21.1 0.080(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 the planning commission.” SECTION XXII: That Section 21.10.080(d)(l) of the Carlsbad Municipal Code is amended to read as follows: “21.10.080(d)(l) The area of the buildable portion of the lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with the authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of less than ten thousand square feet is approved, development within such subdivision shall conform to the plan as approved.” SECTION XXIII: That Section 21.10.080(d)(2) of the Carlsbad Municipal Code is amended to read as follows: “Section 21.1 0.080(d)(2) The width requirements for the buildable portion of the lot shall be met as required for lots in the zone district.” SECTION XXIV: That Section 21.10.08O(d)(lO) of the Carlsbad Municipal Code is amended to read as follows: “21.1 0.080(d)(lO) Any other condition the official or decision-making body with the authority to otherwise approve the subdivision may determine to be necessary to properly develop such property.” -5- 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 SECTION XXV: That Section 21.1 0.080(e) of the Carlsbad Municipal Code is repealed. SECTION XXVl: That Section 21.16.070 of the Carlsbad Municipal Code is repealed and all following sections of Chapter 21.1 6 shall be sequentially renumbered. SECTION XXVlI: That Section 21.18.040 of the Carlsbad Municipal Code is amended to read as follows: “21.1 8.040 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21 50, the following uses and structures are permitted by conditional use permit: (1) Circuses and carnivals and private clubs; (2) Health facilities, long-term; (3) Radio, television and microwave stations or towers; (4) Professional care facilities.” SECTION XXVIII: That Section 21.1 8.050(2) of the Carlsbad Municipal Code is repealed and all following subsections of Section 21.1 8.050 shall be renumbered sequentially. SECTION XXIX: That Section 21.20.1 00 of the Carlsbad Municipal Code is repealed and all following sections of Chapter 21.20 shall be renumbered sequentially. SECTION XXX: That Section 21.22.080 of the Carlsbad Municipal Code is repealed and all following sections of Chapter 21.22 shall be renumbered sequentially. SECTION XXXI: That Section 21.34.050(e) of the Carlsbad Municipal Code is amended to read as follows: “21.34.050(e) Effective date of order and Appeal of Planning Director Decision. The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21 54.140 of this Code.” SECTION XXXII: That Section 21.34.050(f) of the Carlsbad Municipal Code is amended to read as follows: “21.34.050(f) 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 decision shall be governed by Section 21 54.1 50 of this Code.” SECTION XXXIII: That Section 21.35.090(f) of the Carlsbad Municipal Code is amended to read as follows: -6- 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 “21.35.090(f) The effective date of order of a Housing and Redevelopment Director decision and the method for appeal of such decision shall be governed by Section 21 54.140 of this Code.” SECTION XXXIV: That Section 21.35.1 00 of the Carlsbad Municipal Code is amended to read as follows: ‘21.35.1 00 Design review board action. (a) The design review board shall hold a public hearing on: (1) Appeals of decisions made by the director on administrative redevelopment (2) Minor or major redevelopment permits; and (3) Nonadministrative variances for which the board has final decision making authority pursuant to Section 21.35.1 30(b). (b) For major redevelopment projects, the board shall consider the evidence and by resolution report and recommend to the housing and redevelopment commission approval, conditional approval, or denial of the project. Such resolution shall state, among other things, the facts and reasons why the board determined the approval, conditional approval or denial to be consistent with this chapter. The action to approve, conditionally approve or deny is advisory to the commission.’’ permits as defined in Section 21.35.080 or administrative variances; SECTION XXXV: That Section 21.35.1 10 of the Carlsbad Municipal Code is amended to read as follows: “21.35.1 10 Effective date of order and appeal of design review board decision. The effective date of the design review board’s decision and method for appeal of such decision shall be governed by Section 21 54.150 of this Code.” SECTION XXXVI: That Section 21.35.130 of the Carlsbad Municipal Code is amended to read as follows: “21.35.1 30 Variances. (a) The housing and redevelopment commission may grant variances from the limits, restrictions and controls established by this chapter for major redevelopment permits if the commission finds that: (1) Because of special circumstances applicable to the subject property, including size, shape, topography, location or 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) 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 necessary to assure compliance with this finding; (3) The 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 of the general plan, Carlsbad village area redevelopment plan, and the Carlsbad village redevelopment master plan and design manual; (5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the 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 -7- 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 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. (b) An application for a variance shall be processed in the same manner established by this chapter for a redevelopment permit. (c) The design review board may grant variances from the limits, restrictions and controls established by this chapter for minor redevelopment projects (or otherwise administrative projects consolidated or on appeal from a director decision), if the board makes the variance findings set forth in subsection (a) of this section. (d) The 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.” SECTION XXXVII: That Section 21.40.140 of the Carlsbad Municipal Code is amended to read as follows: “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 decision shall be governed by Section 21 54.1 50 of this Code.” SECTION XXXVIII: That Chapter 21.42 of the Carlsbad Municipal Code is amended by the addition of Section 21.42.01 O( 16) to read as follows: “21.42.01 O(16) All zones: Wireless communication facilities, which must comply with City Council Policy Statement No. 64.” SECTION XXXIX: That Section 21.44.060(7) of the Carlsbad Municipal Code is amended to read as follows: “21.44.060(7) Administrative Hearing. Any person objecting to a decision made pursuant to subsection (2)(C) above may request in writing within ten days of the determination by the planning director, an administrative hearing with the planning director. The planning director shall apply the criteria of this section in making his determination. The decision of the director 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 for appeal of such decision shall be governed by Section 21 54.1 40 of this Code.” SECTION XL: That Section 21.45.020D. of the Carlsbad Municipal Code is amended to read as follows: “21.45.020D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the city’s certified local coastal programs, or a master or specific plan, the regulations of the local coastal program or the master or specific plan shall prevail.” SECTION XLI:That Section 21.46.020 of the Carlsbad Municipal Code is amended to read as follows: ‘21.46.020 Allowed protrusions above height limits. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to -8- 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 operate and maintain the building, fire or parapet walls, skylights, architectural features or towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed in this title but no roof structure or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if there is a specific provision elsewhere in this title for the protrusion under consideration.” SECTION XLII: That Section 21.46.130 of the Carlsbad Municipal Code is amended to read as follows: ‘21.46.1 30 Walls, fences or hedges. In any “R” zone, no fence, wall or hedge over forty-two inches in height shall be permitted in any required front yard setback. In the required side yard or street side of either a corner lot or reversed corner lot, a six-foot high fence may be permitted when approved by the planning director when the safety and welfare of the general public are not imposed upon. The issuing of a permit upon the approval of the planning director shall be subject to special conditions which may vary due to the topography, building placement and vehicular or pedestrian traffic. On an interior lot a wall or fence not more than six feet in height may be located anywhere to the rear of the required front yard. In any “R” zone, any fence that exceeds six feet in height, for special uses or under special circumstances, shall be granted by the planning commission and subject to the conditions imposed by this commission.” SECTION XLIII: That Section 21.47.073 of the Carlsbad Municipal Code is amended to read as follows: “21.47.073 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 decision shall be governed by Section 21.54.1 50 of this Code.” SECTION XLIV: That Chapter 21.47 of the Carlsbad Municipal Code is amended by the addition of Section 21.47.075 to read as follows: “21.47.075 Effective date of order and appeal of planning director decision. The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21.54.140 of this Code.” SECTION XLV: That Section 21.47.1 1 O(b) of the Carlsbad Municipal Code is amended to read as follows: “21.47.110(b) 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 21.47.072. The planning director’s decision may be appealed in accordance with the procedures of Section 21.47.075 of this chapter.” -9- 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 SECTION XLVl: That Section 21.50.030 of the Carlsbad Municipal Code is amended to read as follows: “21.50.030 Required findings for variances. Before any variance may be granted, it shall be shown: (1) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; (2) 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 necessary to assure compliance with this finding; (3) That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; (4) That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; (5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the 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.” SECTION XLVII: That Section 21.50.100 of the Carlsbad Municipal Code is amended to read as follows: “21.50.100 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 decision shall be governed by Section 21.54.150 of this Code.” SECTION XLVIII: That Sections 21.50.1 10, 21.50.120, 21.50.130, 21.50.140, and 21.50.150 of the Carlsbad Municipal Code are repealed. SECTION XLIX: That Section 21.51.010 of the Carlsbad Municipal Code is amended to read as follows: “21.51.01 0 Authority of planning director to grant certain variances. The planning director shall have the following powers and duties: (1) 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 of the property or of its location or surroundings as specified in subsection (2) of this section, strict and literal interpretation and enforcement of the provisions of this code would result in unusual difficulties or unnecessary hardship or be inconsistent with the general purpose of this code. (2) The planning director may grant a variance from the zoning provisions of this code when it appears from the facts contained in the application and from information obtained by the planning director that the following findings can be made: (a) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning -10- 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 ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 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 necessary to assure compliance with this finding; (c) That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone 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 of the 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.” (b) SECTION L: That Section 21.51.060 of the Carlsbad Municipal Code is amended to read as follows: “21.51.060 Effective date of order and appeal of planning director decision. The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21.54.1 40 of this Code.” SECTION LI: That Section 21.52.030 of the Carlsbad Municipal Code is amended to read as follows: “21.52.030 Application. Whenever the owner of any land or building desires an amendment, supplement to or change in ani of the regulations prescribed for his property, he shall prepare an application requesting such amendment, supplement or change on the prescribed form and forward it with the required fee to the planning director.” SECTION LII: That Section 21.52.080 of the Carlsbad Municipal Code is amended to read as follows: ‘21.52.080 Commission action to be final when denying application. The action of the planning commission in denying an application for amendment shall be final and conclusive unless appealed. The effective date of the decision and method for appeal of such decision shall be governed by Section 21.54.1 50 of this Code.” SECTION LIII: That Section 21.52.090 of the Carlsbad Municipal Code is repealed. SECTION LIV: That Section 21.52.100 of the Carlsbad Municipal Code is amended to read as follows and all following sections of Chapter 21.52 shall be sequentially renumbered: -11- 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 “21 52.090 Public hearing on commission’s recommendations on amendments. Following receipt of a resolution from the planning commission recommending the adoption of the amendment, as provided in this chapter, the city council shall conduct a duly advertised public hearing on the matter as soon as practicable, public notice of which shall be given as provided in Section 21.52.040.” SECTION LV: That Section 21.52.120 of the Carlsbad Municipal Code is amended to read as follows: “21 52.1 10 City Council announcement of decision. The city council shall render its decision as soon as practicable following the termination of proceedings of the hearing or upon the receipt of report from the planning commission when a matter has been referred back to the planning commission.’’ SECTION LVI: That Section 21.54.010(c) of the Carlsbad Municipal Code is amended to read as follows: “21 54.01 O(c) If the application together with the materials submitted in response to a determination of completeness are determined by the planning director to not be complete pursuant to this section the applicant may appeal the decision to the planning commission pursuant to Section 21.54.140. The applicant may also appeal the decision of the planning commission to the city council pursuant to Section 21 54.1 50. The city council shall make a final written determination of the completeness of the application not later than sixty calendar days after the receipt of the applicant’s written appeal to the planning commission.” SECTION LVII: That Section 21.54.01O(d) of the Carlsbad Municipal Code is amended to read as follows: “21 54.01 O(d) Failure by the city to meet the deadlines specified in this section shall cause the application to be deemed complete. The failure of the applicant to meet any of the time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant and the city from mutually agreeing to an extension of any time limit provided in this section.” SECTION LVIII: That Section 21.54.010(e) of the Carlsbad Municipal Code is repealed. SECTION LIX: That Section 21.54.100 of the Carlsbad Municipal Code is amended to read as follows: “21 54.1 00 Hearing continuance with public notice. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. However, if a decision on a matter set for public hearing is continued by the decision-making body to a time which is not announced at the hearing to be a time certain, the city shall provide notice of the further hearings or action on the proposed development in the same manner and within the same time limits as established in Sections 21 54.060 and 21 54.061 .I9 -12- 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 SECTION LX: That Section 21.54.130 of the Carlsbad Municipal Code is amended to read as follows: “21 54.1 30 Restriction on reapplication after denial No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been finally denied within one year prior to the application date. The planning director shall determine if the subsequent application is substantially similar to the previously denied application. The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21 54.1 40 of this Code.” SECTION LXI: That Section 21.54.140 of the Carlsbad Municipal Code is amended to read as follows: “21 54.140 Effective date of order and appeal of planning director or housing and redevelopment director decisions. (a) This section shall apply to those decisions or determinations of the planning director or housing and redevelopment director made pursuant to this Title or planning director determinations pursuant to Title 19. Accordingly, in this section, “housing and redevelopment director” shall be interchangeable with “planning director;” “housing and redevelopment department” shall be interchangeable with “planning department;” “design review board” shall be interchangeable with “planning commission;’’ and “housing and redevelopment commission” shall be interchangeable with “city council.” (b) Whenever the planning director is authorized, pursuant to this title or Title 19, to make a decision or determination, such decision or determination is final and effective when the planning director’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 secretary of the planning commission by an interested person. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning director 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. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the secretary of the planning commission 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 of the determination or decision being appealed. The hearing before the planning commission is de novo, but the planning commission shall determine all matters not specified in the appeal have been found by the planning director and are supported by substantial evidence. The planning commission shall consider the recommendations of the planning department, the decision of the planning director and all other relevant documentary and oral evidence as presented at the hearing. The planning commission may affirm, modify, or reverse the decision of the planning director, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning director 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.” -13- 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 Section LXII: That Chapter 21.54 of the Carlsbad Municipal Code is amended by the addition of Section 21.54.1 50 to read as follows: “21.54.1 50 Effective date of order and appeal of planning commission or design review board decisions. (a) This section shall apply to those decisions or determinations of the planning commission or design review board made pursuant to this title or title 19. Accordingly, in this section, “housing and redevelopment director” shall be interchangeable with “planning director;” “housing and redevelopment department” shall be interchangeable with “planning department;” “design review board shall be interchangeable with “planning commission;” and “housing and redevelopment commission” shall be interchangeable with “city council.” (b) Whenever the planning commission is authorized pursuant to this Title or Title 19 to make a decision or determination, such decision or determination is final and effective upon the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city clerk. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning commission until such time as the city council has acted on the appeal as set forth in this Title. 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 decision or determination exist. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing before the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the city council is de novo, but the city council shall determine all matters not specified in the appeal have been found by the planning commission and are supported by substantial evidence. The city council shall consider the recommendations of the planning department, the decision of the planning commission and all other relevant documentary and oral evidence as presented at the hearing. The city council may affirm, modify, or reverse the action of the planning commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning commission with directions for further proceedings. Any action by the city council shall be final and conclusive; provided, however, that any action reversing the decision of the planning commission shall be by the affirmative vote of at least three members of the city council. (d) Upon receipt of a written appeal to the city council filed with the city clerk, the city clerk shall advise the planning director who shall transmit to said clerk the planning commission’s complete record of the case.” Section LXIII: That Section 21.80.050 of the Carlsbad Municipal Code is amended to read as follows: “21.80.050 Duties of planning director. (a) After the application has been accepted as complete the planning director shall determine if the project is exempt from the requirements of this chapter pursuant to Section 21.80.030. The director shall give notice of a determination of exemption to all persons specified in Section 21.80.1 60. The cost of providing this notice shall be included in the fee paid by the applicant. (b) The planning director shall approve, conditionally approve or deny permits for projects qualifying for administrative approval pursuant to Section 30624 of the state Public -14- 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 Resources Code; providing, however, that an administrative permit shall not be issued for any development which must be reviewed by the coastal commission pursuant to Sections 30579(b) and 30601 of the Public Resources Code. (c) The planning director shall issue all emergency permits. (d) If the director determines that the matter does not qualify for an exemption or an administrative or emergency permit then the director shall set the matter for public hearing before the planning commission. The coastal permit may be set for hearing at the same time as any other permit for the project. (e) The effective date of the planning director’s decision and the method for appeal of such decision shall be governed by Section 21.54.140.” SECTION LXIV: That Section 21.80.080 of the Carlsbad Municipal Code is amended to read as follows: “21.80.080 Effective date of order and appeal of planning commission decision. (a) The effective date of the decision of the planning commission and method for appeal of such decision shall be governed by Section 21 54.1 50 of this Code. (b) If the development for which a coastal development permit also.requires other discretionary 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 the city council.” SECTION LXV: That Section 21.80.160(d) of the Carlsbad Municipal Code is amended to read as follows: “21.80.1 60(d) The effective date of any decision of the director pursuant to this section and the method for appeal of such decision shall be governed by Section 21 54.1 40 of this Code. The appeal shall be considered by the planning commission in accordance with the provisions of this chapter for any other application.’’ SECTION LXVI: That Section 21.81.055(e) of the Carlsbad Municipal Code is amended to read as follows: “21.81.055(e) The effective date of the director’s decision and the method for appeal of such decision shall be governed by Section 21 54.140 of this Code. The director shall give notice of final local decision on the appeal in accordance with Section 21.81.120.” SECTION LXVII: That Section 21.81.080 of the Carlsbad Municipal Code is amended to read as follows: “21.81.080 Effective date of order and appeal of design review board decision. (a) The effective date of the design review board’s decision and the method for appeal of such decision shall be governed by Section 21.54.1 50 of this Code. (b) The decision of the housing and redevelopment commission shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the development for which a coastal development permit also requires other discretionary permits or approvals for which the design review board is not given final approval authority then the design review board action on the coastal development permit shall be deemed a recommendation to the housing and redevelopment commission.” -15- 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 SECTION LXVIII: That Section 21.83.030A. of the Carlsbad Municipal Code is amended to read as follows: “21.83.030A. Any child day care home providing care for the children of only one family in addition to the provider’s own children.” SECTION LXIX: That Section 21.83.050K. of the Carlsbad Municipal Code is amended to read as follows: “21.83.050K. Large family day care home providers shall make written application to the director and shall include all materials deemed necessary by the director to show that the requirements of this section are met. The director shall grant the permit without a hearing if all the requirements of this section are satisfied. The decision of the director shall be made within fifteen working days of the receipt of a complete application and provided to the applicant in writing. The effective date of the decision of the director and the method for appeal of such decision shall be in accordance to the procedures set forth in Section 21.54.140 of this title.” SECTION LXX: That Section 21.83.0708. of the Carlsbad Municipal Code is amended to read as follows: “21.83.070B. 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)(l) of this section 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 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 Section 21.83.080 of this chapter. The director’s decision shall be made in writing. If the matter includes a coastal development 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.” SECTION LXXI: That Section 21.83.070C. of the Carlsbad Municipal Code is amended to read as follows: “21.83.070C. The effective date of the director’s decision and the method for appeal of such decision shall be in accordance with the procedures set forth in Section 21.54.1 40 of this title. If the matter includes a coastal development permit the director shall give notice of final action on the appeal in accordance with Sections 21.201.1 60 and 21.201.170 of this title.” SECTION LXXII: That Section 21.1 10.240(b) of the Carlsbad Municipal Code is amended to read as follows: “21.1 10.240(b) The effective date of order of the floodplain administrator granting or denying a special use permit, variance or other entitlement and the method for -16- 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 appeal of such order shall be governed by Section 21.54.150 of this Code. In passing upon appeals and requests for variances from the requirements of this chapter, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:” SECTION LXXIII: That Section 21.201.080C. of the Carlsbad Municipal Code is amended to read as follows: “21.201.080C. 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 notice has been provided in accordance with subsection (B)(l) of this section 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 be based upon the requirements 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 of the decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this Code. Unless the decision is appealed to the planning commission, the director shall provide a notice of final local action in accordance with Sections 21.201.1 60 and 21.201.170 of this code, in addition to the director’s written decision.” SECTION LXXIV: That Section 21.201.080D. of the Carlsbad Municipal Code is repealed and all following subsections shall be sequentially re-lettered. SECTION LXXV: That Section 21.201.1 20. of the Carlsbad Municipal Code is amended to read as follows: “21.201.1 20 Effective date of order and appeal of planning commission decision. A. The effective date of the planning commission decision and the method for appeal of such decision shall be governed by Section 21.54.150 of this Code. B. If the development for which a coastal development permit also requires other 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 the city council. C. The city council may establish and levy a fee for appeals of coastal permit decisions.” SECTION LXXVl: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning manager” with “planning director” wherever it occurs in the following sections: 21.06.050, 21.06.070, 21.07.120, 21.08.040, 21.08.100, 21.09.190, 21.10.040, 21.10.100, 21.12.040, 21.21.110, 21.21.130, 21.21.170, 21.24.040, 21.27.020, 21.27.050, 21.34.020, 21.34.050, 21.34.060, 21.34.070, 21.34.090, 21.34.1 10, 21.34.130, 21.34.140, 21.37.040, 21.37.050, 21.37.080, 21.37.100, 21.38.050, 21.38.080, 21.38.090, -17- 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 21.38.120, 21.38.130, 21.40.060, 21.40.080, 21.40.090, 21.42.010, 21.46.120, 21.47.020, 21.47.040, 21.47.050, 21.47.072, 21.47.110, 21.47.120, 21.47.150, 21.48.080, 21.50.110, 21.51.010, 21.51.020, 21.51.030, 21.51.040, 21.51.050, 21.51.060, 21.52.030, 21 54.010, 21.54.130, 21.55.070, 21.55.170,21.55.180, 21.55.190,21.80.120, and 21.82.060. SECTION LXXVII: That Title 21 of the Carlsbad Municipal Code is amended by replacing “manager” with “planning director” wherever it occurs in sections 21.37.080, 21.38.080, and 21.51.050. SECTION LXXVIII: That Title 21 of the Carlsbad Municipal Code is amended by replacing “director of building and planning” with “planning director” wherever it occurs in sections 21.80.030,21.80.040,21.80.050,21.80.160, and 21.80.170. SECTION LXXIX: That Title 21 of the Carlsbad Municipal Code is amended by the replacing “building official,” “building and planning director,” “director of building and planning,” and “principal building inspector” with “community development director” wherever they occur in the following sections: 21.34.130, 21.34.140, 21.42.010, 21.47.120, 21.47.130, 21.47.1 50, 21.48.080, 21.55.070,21.60.010, 21.60.030,21.80.010, 21.83.080, and 21.81.01 0. SECTION LXXX: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning office” with “planning director” wherever it occurs in Section 21.42.01 0. SECTION LXXXI: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning office” with “planning department” wherever it occurs in the following sections: 21.06.060, 21.37.040, 21.38.050, 21.42.010, and 21.43.080. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) ... ... -18- 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -19-