HomeMy WebLinkAbout1982-08-03; City Council; 9639; CMC 21.35 adds - V-R (village redevelopment) zone established1
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ORDINANCE NO. 9639
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 ZONE.
The City Council of the City of Carlsbad, California,
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:
21.35.010
21.35.020
21.35.030
21.35.040
21.35.050
21.35.060
21.35.070
21 . 35.080
21.35.085
21 . 35.090
21.35.100
21 . 35 . 1 10
21 . 35.1 15
21.35 . 120
21 . 35.130
21.35.140
21.35.150
Intent and purpose .
Incorporation of redevelopment plan and
design manual by reference.
Land affected by this chapter. Permitted uses. Conditional uses. General regulations. Redevelopment permit. Minor Projects.
Permit applications. Transmittal to design review board. Design review board action. Appeal to Housing and Redevelopment Commission. Housing and redevelopment commission action. Consolidation of other permit requirements. Exempt ions. Compliance with other provisions of this
code . Amendments.
21.35.010 Intent and purpose. The Village
Redevelomnent Zone is intended to establish land use - __ - classif iiations and develop standards and procedures for that 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 and development standards of the Carlsbad Village Area Redevelopment Plan and of the Village Design Manual adopted pursuant to the
redevelopment plan as the zoning for the area designated.
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21.35.020 Incorporation of redevelopment plan and design manual by reference. The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council Ordinance No. 9591 and the Village Design Manual as adopted by Carlsbad Housing and Redevelopment Commission Resolution. No. 14 are
hereby adopted by reference and incorporated into this chapter.
21.35.030 Land affected by this chapter. This chapter shall apply only to lands located within'the boundries of the Carlsbad Village Area, the boundries of which are described in
the Carlsbad Village Area Redevelopment Plan.
21.35.040 Permitted uses. Only those uses specified in the Carlsbad Village Area Redevelopment Plan and the Village Design Manual as permitted uses for particular property in the Village Redevelopment Area shall be permitted.
21.35.050 Conditional uses. Uses permitted as
conditional uses by the Carlsbad Village Area Redevelopment Plan and the Village Design Manual shall be permitted upon issuance
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 provided by the Carlsbad Village Redevelopment Plan or the Village Design Manual the regulations of this title which apply to uses generally or generally to all zoning classifications shall apply
to property and uses in this zone.
21.35.070 Redevelopment permit. No development, redeveloDment, buildins or rebuilding shall occur in the area subject io this chapte; without a redevelopment permit first having been issued by the Housing and Redevelopment Commission
or, for minor projects defined in Section 21.35.085, by the Design Review Board.
21.35.080 Minor Projects. A minor project includes:
a) Requests not involving a structural change; b) projects involving a structural change costing less than $20,000; c) use
changes in existing buildings; d) new signs or changes to
existing signs.
21.35.085 Permit Application. a) An application for a redevelopment permit may be made by the record owner or owners of the property ob which the development is proposed to be constructed or the authorized agents thereof. The application shall be filed with the Director of Building and Housing services upon forms provided by the Director and shall be accompanied by
plans in sufficient detail to allow review pursuant to this
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chapter, a legal description of the property involved and an explanation and description of the proposed use. The Director of
Building and Housing may prescribe the form and content for such application. If the project involves the subdivision of land, the application shall be accompanied by a tentative map or tentative parcel map which shall be filed in accordance with the provisions of Title 20 of this code. If a subdivision map has previously been recorded on the lot permitting the use of the property for the purposes stated in the redevelopment permit application then a tentative map or tentative parcel map need not be filed. The Director of Building and Housing shall forward the
application to the appropriate city departments €or review and 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. b) The Committee need not hold a public hearing on 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 the Health and Safety Code the Committee may, by resolution, exclude from its review applications for all or any classification of projects subject to this chapter. c) The application shall be
accompanied by a fee in the amount established by City Council
resolution.
21.35.090 Transmittal to design review board. After
all necessary reports and recommendations have been received the Director of Building and Housing shall transmit the application for the redevelopment permit together with the reports and the recommendations of the appropriate departments to the Design Review Board for a public hearing. Notice of the public-hearing shall be given as provided in Section 21.54.060(1) of the code.
21.35.100 Design review board action. The Design
Review Board shall hold a public hearing on all redevelopment permits. For minor projects defined in Section 21.35.085, the Design Review Board shall consider the evidence and approve,
conditionally approve or disapprove the project. Such determination shall be made in accordance with this code, the general plan, the Carlsbad Village Area Redevelopment Plan and the Village Design Manual. For all other projects the Design Review Board shall prepare a report and recommendation to the housing and redevelopment commission. This report and recommendation shall be reported to the city clerk who shall set the matter for public hearing before the Housing and Redevelopment Commission. Notice shall be given as provided in Section 21.54.060(1) of this code.
21.35.110 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 appeal with the city clerk within 10 days of the date of the decision.
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21.35.115 Housing and redevelopment commission action. The Housing and Redevelopment Commission shall hold a public hearing on a redevelopment permit which has been appealed or for
which the Design Review Board has filed a report with the city clerk. At the public hearing, the Housing and Redevelopment Commission shall review the Design Review Board’s report, shall consider the evidence and shall approve, conditionally approve, or disapprove the permit. Such determination shall be made in accordance with this code, the general plan, the Carlsbad Village Area Redevelopment Plan and the Village Design Manual. The
Housing and Redevelopment Commission may refer the permit to the Housing and Redevelopment Advisory Committee for report and
recommendation. Such report and recommendation shall be made within 30 days of the dated referral. The Housing and
Redevelopment Advisory Committee need not hold a public hearing
on the project.
21.35.120 Consolidation of other permit requirements. Whenever Le provisions of this title not withstanding this chapter, the redevelopment permit shall be deemed to satisfy the requirements
for such permit or approval provided, however, that in considering the redevelopment permit for said project the Design Review Board and the Housing and Redevelopment Commission shall apply the provisions of this chapter and the provisions of this title otherwise applicable to such other permit or approval for the project.
21.35.130 Exemptions. The Housing and Redevelopment
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 of this chapter would result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan; there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions and controls; the 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 the Village Design Manual. An application for exemption shall be processed in the same manner established by this chapter for a
redevelopment permit. In granting an exemption, the Housing and Redevelopment Commission may impose such conditions as are necessary to protect the public health, safety and welfare.
Projects developed pursuant to this chapter shall be 21.35.140 Compliance with other provisions of this - code.
subject to all other applicable provisions of the Carlsbad Municipal Code including but not limited to those provisions of Titles 18, 19 and 20.
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21.35.150 Amendments. Amendments to the Carlsbad Village Area Redevelopment Plan or the Village Design Manual
shall be deemed to be amendments to this chapter, provided, however that such amendements are processed and noticed in a manner which meets the requirements of Chapter 21.52 of this
code. Amendment of the Village Design Manual by Housing and
Redevelopment Commission resolution shall be deemed to satisfy 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 certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 20th day of July I
1982, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 3rd day of At , 1982, by
the following vote, to wit:
AYES : COUnCil Members Casler, Lewis, Chick and hear
NOES: None
ABSENT: Council Member Kdchin
ATTEST:
(SEAL)
G