HomeMy WebLinkAbout2003-10-14; City Council; NS-675; Various Code Changes...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 NO. NS-675
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: (I) 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REPLACING AND REPEALING OUTDATED OR SUPERSEDED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
DEFINITION FOR WIRELESS COMMUNICATION FACILITIES
AND INCORPORATING A CITY POLICY ON THE SAME.
CASE NAME: VARIOUS CODE CHANGES
CASE NO.: ZCA 00-02
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repealed.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repealed.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
Ordinance No. NS-675
‘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:
“21.05.010 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-S--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
-2- 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
VR--Village Redevelopment Zone
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-I , 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-P, 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-I, C-2, C-T, C-M.
most restrictive to least restrictive as follows: P-M, 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:
“21.06.1 30 Effective date of order and apDeal of plannincl 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 plan.
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
Y Ordinance No. NS-675 -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
for signature. Prior to signing the final site development plan, the planning director shall
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 21.08.08O(d)(l) of the Carlsbad Municipal Code is
amended to read as follows:
“21.08.08O(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)(lO) of the Carlsbad Municipal Code
is amended to read as follows:
“21.08.08O(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:
Ordinance No. NS-675 -4- 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
“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:
“21.10.080(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 21.10.080(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 21.10.080(d)( IO) of the Carlsbad Municipal Code
is amended to read as follows:
“21 .I 0.080(d)(10) 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.”
Ordinance No. NS-675 -5 - 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
SECTION XXV: That Section 21.10.080(e) of the Carlsbad Municipal Code is
repealed.
SECTION XXVI: That Section 21.16.070 of the Carlsbad Municipal Code is
repealed and all following sections of Chapter 21.16 shall be sequentially renumbered.
SECTION XXVII: That Section 21.18.040 of the Carlsbad Municipal Code is
amended to read as follows:
“21.18.040 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 21.18.050(2) of the Carlsbad Municipal Code is
repealed and all following subsections of Section 21.18.050 shall be renumbered sequentially.
SECTION XXIX: That Section 21.20.100 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 54.150 of this Code.”
SECTION XXXIII: That Section 21.35.090(f) of the Carlsbad Municipal Code is
amended to read as follows:
Ordinance NO. NS-675 -6- 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
“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 21.35.100 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
permits as defined in Section 21.35.080 or administrative variances;
(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.”
SECTION XXXV: That Section 21.35.110 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 54.1 50 of this Code.”
SECTION XXXVI: That Section 21.35.130 of the Carlsbad Municipal Code is
amended to read as follows:
“21.35.130 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
Ordinance No. NS-675 -7- 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
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 S4.150 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 54.140 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
Ordinance No. NS-675 -8- 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
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 54.150 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.”
Ordinance No. NS-675
-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 XLVI: 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 21.50.110, 21.50.120, 21.50.130, 21.50.140,
and 21 50.1 50 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:
“21.51.010 Authority of planning director to grant certain variances.
The planning director shall have the following powers and duties:
(I) 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
II Ordinance No. NS-675 -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 21.54.140 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 any 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 54.150 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:
Ordinance No. NS-675
-1 1-
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 S2.040.”
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:
“21.54.010(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 54.150. 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 21.54.010(d) of the Carlsbad Municipal Code is
amended to read as follows:
“21.54.010(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 .”
Ordinance No. NS-675 -12- I2
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 W: That Section 21.54.130 of the Carlsbad Municipal Code is
amended to read as follows:
“21 54.130 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 21.54.140 of this Code.”
SECTION MI: 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@)
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- Ordinance No. NS-675
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 S4.150 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 21.80.160. 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
Ordinance No. NS-675 -14- 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
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 S4.150 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:
“21.80.160(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 54.140 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 LXVlI: 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.”
Ordinance No. NS-675 - 15- rb
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 MIX: 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
tit le. ’I
SECTION LXX: That Section 21.83.070B. of the Carlsbad Municipal Code is
amended to read as follows:
“21.83.0708. 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 WI: 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 54.140 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 21.201.160 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
Ordinance No. NS-675 -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)(I) 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 .I60 and 21.201 .I70 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 21.201.120. of the Carlsbad Municipal Code is
amended to read as follows:
“21.201 .I20 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 54.1 50 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 LXXVI: 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, 21.08.1 00, 21.09.1 90,
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, 21.34.110, 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,
1% Ordinance No. NS-675 -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 MIX: 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,
21.47.150, 21.48.080, 21.55.070, 21.60.010, 21.60.030, 21.80.010, 21.83.080, and 21.81.010.
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
21.42.010.
SECTION ooo(1: 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, 21.42.01 0, 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.)
...
...
Ordinance No. NS-675 ,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 7th day of October 2003, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 14th day of October 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall, and Packard
NOES: None
ABSENT: Council Member Kulchin
None
h
ABSTAIN:
(,/FL%M
LORRAINE M. WO D, City Clerk
Ordinance No. NS-675 -19-