HomeMy WebLinkAbout2005-11-15; City Council; NS-779; 2005 Amendment to South Carlsbad Coastal Redevelopment Plan...1
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ORDINANCE NO. NS-779
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE 2005
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad (“Commission”) prepared a Redevelopment Plan (“Redevelopment Plan”) for the
South Carlsbad Coastal Redevelopment Project (“Project Area”), a copy of which is on file in the
office of the City Clerk, and presented it to the City Council for approval on July 18, 2000; and
WHEREAS, the Commission and City Council adopted said Redevelopment Plan
for said Project Area on July 18, 2000 pursuant to Ordinance No. NS -553; and
WHEREAS, the Commission and City Council now have the desire to amend
said Redevelopment Plan (the “2005 Amendment”); and
WHEREAS, the Commission consulted or attempted to consult with the taxing
agencies which levy taxes, or for which taxes are levied, on property in the Project Area with
respect to the 2005 Amendments; and
WHEREAS, the Commission and the City Council have reviewed, analyzed and
considered the Final EIR for the South Carlsbad Coastal Redevelopment Project Area, certified
on July 11, 2000, and determined that there are no substantial changes and there is no new
information of substantial importance with respect to the circumstances under which the
Redevelopment Project is undertaken which will require revisions of the Final EIR; and
WHEREAS, the Commission and the City Council have both found that in
accordance with Guidelines for the California Environmental Quality Act of 1970, Sections
15180 and 15162, no subsequent EIR or supplement to the Final EIR need be prepared for the
2005 Amendment, and no additional environmental review is necessary or required; and
WHEREAS, after due notice was provided in accordance with the Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.), a joint public hearing was
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held by the City Council and the Commission to consider the proposed 2005 Amendment to
said Redevelopment Plan; and
WHEREAS, the City Council has considered all aspects of the 2005 Amendment
to said Redevelopment Plan, and has received, considered and evaluated all written and oral
evidence and testimony presented for or against all aspects of the 2005 Amendment to said
Redevelopment Plan; and
WHEREAS, all actions required by law have been taken by all appropriate
persons and entities.
NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad,
California as follows:
SECTION 1: The purposes and intent of the City Council with respect to the
Project Area shall continue to be as follows:
1. Eliminate blight and environmental deficiencies in the Project Area;
2. Assemble land into parcels suitable for modern, integrated development
3. Replan, redesign, and develop properties which are stagnant or
4. Increase, improve, and preserve the City’s supply of housing affordable to
5. Develop new beach and coastal recreational opportunities;
6. Facilitate the redevelopment of the Encina Power Generating Facility to a
physically smaller, more efficient power generating plant;
7. Provide a funding source for the potential realignment of Carlsbad
Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State
Beach campgrounds and other recreational facilities, and/or development of cultural facilities or
other public facilities;
8. Retain as many existing businesses as possible by means of
redevelopment and rehabilitation services;
9. Enhance commercial and recreational functions in the Project Area;
IO. Strengthen the economic base of the Project Area and the City by the
installation of needed on- and off-site improvements to stimulate new commercial/residential
expansion, employment and economic growth;
with improved pedestrian and vehicular circulation in the Project Area;
improperly utilized;
very low, low and moderate income households;
11.
12. Implement performance criteria to assure quality site design and
Increase parking and open space amenities; and
environmental standards to provide unity and integrity to the entire Project Area development
SECTION 2: The Redevelopment Plan is hereby amended as follows (new text
appears in bold print), and approved and adopted as presented. The amended Redevelopment
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Plan is incorporated herein by reference and made a part hereof as if set out in full herein. The
amendment Redevelopment Plan is designated as the official Redevelopment Plan of the
Project Area.
1. SECTION II. (200) GENERAL DEFINITIONS OF THE REDEVELOPMENT
PLAN SHALL BE REVISED TO ADD THE FOLLOWING:
R. “Redevelopment Permit” means a permit issued by the Commission,
pursuant to this Plan, for all rehabilitation, redevelopment, and
development activities involving private and public real property,
buildings, facilities and infrastructure systems within the Project Area.
2. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA SHALL BE
REVISED TO ADD THE FOLLOWING:
(601) Map and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the
location of the Project Area boundaries. The land uses permitted by this Plan
shall be those permitted by the General Plan and zoning ordinance, and all other
state and local building codes, guidelines, or specific plans as they now exist or
are hereafter amended, with the exception that new development which
provides for one or more of the following specific uses may be permitted in
the Project Area only after all of the following are satisfied a) the Carlsbad
Housing and Redevelopment Commission approves a finding that the land
use serves an extraordinary public purpose, and b) a precise development
plan or other appropriate planning permit or regulatory document is first
approved by the Commission which sets forth the standards for
development of the project, and c) the Commission has issued a
Redevelopment Permit for the project:
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Desalination Plant and other facilities for the production, generation,
storage, treatment or transmission of water;
Generation and transmission of electrical energy;
Public Utility district maintenance and service facilities;
Governmental maintenance, storage and operating facilities;
Processing, using and storage of natural gas, liquid natural g
domestic and agricultural water supplies;
and
Energy transmission facilities, including rights-of-way and pressure
control or booster stations for gasoline, electricity, natural gas,
synthetic natural gas, oil or other forms of energy sources; and/or
Wastewater treatment, disposal or reclamation facilities and other
facilities for the production, generation, storage, treatment or
transmission of wastewater.
The above findings and conditions shall not be required for, or applied to,
any land use regulated by the Public Utilities Commission.
A diagram of current permitted uses is presented in Exhibit D. Redevelopment
Law Section 33336 requires this Plan contain adequate safeguards that the
work of redevelopment will be carried out pursuant to the Plan. In addition,
Redevelopment Law Section 33338 provides that this Plan contain other
covenants, conditions, and restrictions which the City Council prescribes
in order to implement the goals and objectives of this Plan and to provide
adequate safeguards that the work of redevelopment will be carried out
pursuant to this Plan.
(608) Redeveloljment Permit
Pursuant to this Plan, unless otherwise determined to be exempt by the
zoning ordinance or other redevelopment implementing ordinance or
regulatory document subsequently approved by the Housing and
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Redevelopment Commission, all rehabilitation, redevelopment, and
development activities involving private and public real property, buildings,
facilities and infrastructure systems within the Project Area shall require
the issuance of a Redevelopment Permit and compliance with applicable
development standards andlor design guidelines set forth under separate
approval by the Housing and Redevelopment Commission. Redevelopment
Permits shall not be required for land uses regulated by the Public Utilities
Commission.
(609) New Construction
Unless otherwise determined to be exempt by the zoning ordinance or other
redevelopment implementing ordinance or regulatory document subsequently
approved by the Housing and Redevelopment Commission, all construction in
the Project Area shall comply with applicable state and local laws in effect
from time to time, and shall require a Redevelopment Permit. In addition to
City land use regulations and requirements in this Plan, and the necessity for
a Redevelopment Permit, additional specific performance and development
standards may be adopted by the Commission to control and direct
improvement activities in the Project Area. Redevelopment Permits shall
not be required for land uses regulated by the Public Utilities Commission.
(61 0) Rehabilitation
Unless othetwise determined to be exempt by the zoning ordinance or
other redevelopment implementing ordinance or regulatory document
subsequently approved by the Housing and Redevelopment Commission,
any existing structure within the Project Area that is repaired, altered,
reconstructed, or rehabilitated shall require a Redevelopment Permit, with the
exception that a Redevelopment Permit shall not be required for demolition
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of an existing structure or for land uses regulated by the Public Utilities
Commission.
(614) Signs
All signs shall conform to the requirements of the City, and shall require a
Redevelopment Permit. Design of all proposed new signs shall be subject to
the review of the City and the procedures of this Plan.
(61 5) Utilities
The Commission, in conformity with the municipal code, and City policies, shall
require that all utilities be placed underground for new developments whenever
physically possible and economically feasible. This requirement shall not
apply to rehabilitation, reconstruction, expansion, or continuation of
existing facilities or developments. It also shall not apply to any land uses
regulated by the Public Utilities Commission.
SECTION 3: The City Council hereby finds and determines, based on
the evidence in the record, including but not limited to, the Report to Council and evidence and
testimony received at the joint public hearing on adoption of the 2005 Amendment that:
1. The Redevelopment Plan will redevelop the Project Area in conformity
with the Community Redevelopment Law and in the interests of the public peace, health safety,
and welfare;
The Redevelopment Plan is consistent with the City’s General Plan,
including but not limited to, the City’s housing element, which substantially complies with the
requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title
7 of the Government Code; and
3. The carrying out of the Redevelopment Plan will promote the public
peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes
and policies of the Community Redevelopment Law.
2.
SECTION 4: All written objections to the amendments to the Redevelopment
Plan received during or prior to the joint public hearing, and all oral objections presented to the
City Council at the joint public hearing, having been duly considered by the City Council, are
hereby overruled.
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SECTION 5: In order to implement and facilitate the effectuation of the
Redevelopment Plan, it will be necessary for the City Council to take certain official actions, and
accordingly, the City Council hereby reconfirms the following:
1.
2.
Pledges its cooperation in helping to carry out the Redevelopment Plan;
and
Request the various officials, departments, boards and agencies in the
locality having administrative responsibilities in the Project Area likewise to cooperate to such
end and to exercise their respective functions and powers in a manner consistent with the
Redevelopment Plan, including the expenditure of money in accordance with the provisions of
the Redevelopment Plan to effectuate the Redevelopment Plan; and
Stands ready to consider and take appropriate action upon proposals and
measures designed to effectuate the Redevelopment Plan, and declares its intention to
undertake and complete any proceedings necessary to be carried out by the City of Carlsbad
under the provisions of the Redevelopment Plan.
3.
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SECTION 6: The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Commission, and the Commission is hereby vested with the responsibility for
carrying out the Redevelopment Plan with the amendments, subject to the provisions of the
Redevelopment Plan.
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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 8th day of November 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15thday of November 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
n
RONALD !if$ . BALL, City Attorney
EXHIBIT A
PROJECT AREA MAP
OF THE
SOUTH CARLSBAD COASTAL
REDEVELOPMENT PROJECT
a N
EXHIBIT D
DIAGRAM OF
PERMITTED LAND USES
A N