HomeMy WebLinkAbout2009-07-07; City Council; CS-037; Village Redevelopment Zone amendments...1 ORDINANCE NO. CS-037
2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD
4 MUNICIPAL CODE CHAPTER 21.35 (V-R VILLAGE
REDEVELOPMENT ZONE) TO ADD/REMOVE LANGUAGE FROM
5 CHAPTER 21.35 THAT REFERS TO THE CARLSBAD VILLAGE
REDEVELOPMENT AREA PLAN AND/OR PROJECT AREA.
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO: .
8
The City Council, does ordain as follows:
-.f. Section I: That Chapter 21.35 of the Carlsbad Municipal Code is amended to read as
11 follows:
12 Chapter 21.35 V-R VILLAGE REVIEW ZONE
13 21.35.010 Intent and purpose.
14 21.35.020 Incorporation of village master plan and design manual by reference.
15 21.35.030 Land affected by this chapter.
21.35.040 Permitted uses.16
21.35.050 Provisional uses.
17
21.35.060 General regulations.
18 21.35.070 Village Review permit.
1Q 21.35.080 Village Development projects.
20 21.35.085 Permit application.
21 21.35.090 Housing and redevelopment director action.
22 21.35.100 Planning commission action.
2? 21.35.110 Effective date of order-Appeal of planning commission decision.
21.35.115 City Council action.24
21.35.117 Notice of public hearings.
25
21.35.120 Consolidation of other permits and discretionary approvals-Findings
26 requirements.
27 21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.28
1 21.35.150 Amendments.
2 21.35.010 Intent and purpose.
o The village review zone is intended to establish land use classifications and develop
standards and procedures for that unique area of the city described in the Carlsbad
village master plan and design manual and according to the map approved
and on file in the Housing and Redevelopment and City Clerk offices. This zone
adopts the land use classifications and development standards of the Carlsbad village
master plan and design manual as the zoning for the area designated. (Ord. NS-330
§4 (part), 1995)
6
21.35.015 Village Redevelopment Plan Expiration
Adopted on July 21,1981, the Carlsbad Village area redevelopment plans has served
together with the Village master plan and design manual to regulate land use and
development in the Village area for the purpose of eliminating blight and blighting
influences, and to revitalize the area. With expiration of the time limit for effectiveness
of the Carlsbad village area redevelopment plan on July 21, 2009, the Carlsbad
10 Redevelopment Project Area terminated and the Carlsbad Redevelopment Agency's
authority to act pursuant to the redevelopment plan expired, with exception of the
11 requirements to pay previously incurred indebtedness, to comply with Section
33333.8 of the California Health and Safety Code (for provision of affordable housing)
12 and to enforce existing covenants, contracts or other obligations and to manage
Agency-owned property. Modifications to the Village master plan and design manual
13 were adopted by the Carlsbad Housing and Redevelopment Commission on June 23,
2009 and City Council on June 23, 2009 and hereby incorporated by reference into
14 this chapter. These modifications transfer land use and development authority within
the Village area from the Carlsbad Housing and Redevelopment Commission to the
i c City of Carlsbad. The City Council has reaffirmed that the Carlsbad Village master
plan and design manual together with implementing ordinances and policies shall
continue to serve as the land use and development regulatory document for this
unique Village Area to continue the revitalization effort.
17
18 21.35.020 Incorporation of village master plan and design manual by
reference.
The village master plan and design manual as adopted by Carlsbad housing and
redevelopment commission Resolution No. 271 on November 21, 1995, and modified
20 by Carlsbad housing and redevelopment commission Resolutions No. 280 on August
13, 1996, No. 291 on December 16, 1997, and No. 379 on April 13, 2004, and
21 modified by Carlsbad housing and redevelopment commission Resolution No. 2007-
273 on November 6, 2007 and modified by Carlsbad housing and redevelopment
22 commission Resolution No. 470 on June 23, 2009 are hereby adopted by reference
and incorporated into this chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 §11, 1998:
23 Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 § 4 (part), 1995)
24
21.35.030 Land affected by this chapter.
25 This chapter shall apply only to lands located within the boundaries of the area known
as the Carlsbad village area, the boundaries of which are described in the Carlsbad
village master plan and design manual and according to map approved June 23,
2009 and on file in the Housing and Redevelopment and City Clerk offices. (Ord. NS-
27 330 §4 (part), 1995)
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1 21.35.040 Permitted uses.
2 Only those land uses specified in the Carlsbad village master plan and design manual
as permitted uses for particular property in the village review area shall be permitted.
3 (Ord. NS-330 § 4 (part), 1995)
4 21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad village area master plan and
design manual shall be permitted upon issuance of a village review permit approved
according to this chapter. (Ord. NS-330 § 4 (part), 1995)
21.35.060 General regulations.
7 Subject to the provisions of Section 21.35.130 and except as otherwise provided by
the Carlsbad village master plan and design manual, the regulations of this title which
8 apply to uses generally or generally to all zoning classifications shall apply to property
and uses in this zone. (Ord. NS-330 § 4 (part), 1995)
Q 21.35.070 Village review permit.
10 Unless otherwise determined to be an exempt project pursuant to Section 21.35.080,
no development shall occur in the area subject to this chapter without a village review
permit. (Ord. NS-330 § 4 (part), 1995)
21.35.080 Village review projects.
(a) Exempt Projects. No village review permit shall be required for an exempt project.
1 - An exempt project is one which is exempt from the requirement to obtain a coastal
development permit in accordance with Section 21.81.030; and requires no village
review permit or other discretionary approvals, and includes but is not limited to:
(1) Interior or Exterior improvements to existing structures which do not result in the
intensity of use of a structure; and/or
15 (2) Additions to existing structures which result in a cumulative increase of less than
10% of the internal floor area; and/or
16 (3) Changes in permitted land uses which do not require site changes, result in
increased ADT, result in increased parking requirements, or result in compatibility
17 issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive
18 habitat; and/or
(5) Repair or maintenance activities which are exempt from a coastal development
19 permit; and/or
(6) Activities of public utilities regulated by a government agency; and/or
2Q (7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such a demolition activity has the potential to
~ 1 have an adverse impact on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of village review permits required for
nonexempt projects. One permit for each type of development project described as
follows:
23 (1) Administrative Village Review Project. An administrative village review project is
one which involves development with an estimated permit value of less than sixty
24 thousand dollars, and requires no other discretionary approvals, except an
administrative variance within the authority of either the director of planning or the
25 director, including, but not limited to:
(A) New construction of building(s) or addition(s) to the building footprint; and/or
26 (B) Interior or exterior improvements to existing structures which result in an intensity
of use; and/or
27 (C) Provisional land uses, where a minor or major village review permit is not
required; and/or
2g (D) Changes in permitted land uses which result in site changes, increased ADT,
increased parking requirements, or result in compatibility issues/problems; and/or
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(E) Signs for existing businesses or facilities; and/or
(F) Repair or maintenance activities which are not exempt projects.
2 (2) Minor Village Review Project. A minor village review project is one which does not
qualify as an administrative village review project and involves development with an
3 estimated permit value of sixty thousand dollars or more but less than one hundred
fifty thousand dollars.
4 (3) Major Village Review Project. A major village review project is one which involves
development with an estimated permit value of one hundred fifty thousand dollars or
5 more. (Ord. NS-330 § 4 (part), 1995)
21.35.085 Permit application.6 (a) An application for a Village review permit for a non-exempt development project
as defined in Section 21.35.080 may be made by the record owner or owners of the
property, or the authorized agent or agents for the property, on which the
development is proposed. The application shall be filed with the director upon forms
provided by the director, and shall be processed in accordance with the provisions of
Section 21.54.010 of this code.
(b) If signatures of persons other than the owners of property making the application
are required or offered in support of, or in opposition to, an application, they may be
10 received as evidence of notice having been served upon them of the pending
application, or as evidence of their opinion on the pending issue, but they shall in no
11 case infringe upon the free exercise of the powers vested in the city as represented
by the Planning Commission and the City Council.
12 (c) The application shall be accompanied by a fee in the amount established by city
council resolution. No application shall be accepted or deemed accepted until the
13 appropriate fee or fees have been paid. (Ord. NS-330 § 4 (part), 1995)
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if
15 the project is exempt from the requirements of this chapter pursuant to Section
21.35.080. No permit shall be required for a project which is exempt from the
, f requirements of this chapter.
The director shall determine the exemption based on the certified local coastal
. _ program, including maps, categorical exclusions and other exemptions, land use
1' designations, zoning ordinances and the village master plan and design manual. In
granting an exemption, the director may impose such conditions as are necessary to
protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten
19 calendar days of the determination that the application is complete. The decision of
the director on all exempt determinations is final, (subject to the potential dispute
20 resolution process as provided in Section 21.81.050).
The director shall maintain a record of all determinations made on projects exempt
21 from the requirements of this chapter. The records shall include the applicant's name,
an indication that the project is located in the village area, the location of the project,
22 and a brief description of the project. The record shall also include the reason for
exemption.
23 (b) The director may approve, conditionally approve or deny administrative village
review permits for the village as defined in Section 21.35.080, subject to appeal to the
Planning Commission.
(c) After all necessary reports and recommendations have been received the director
shall transmit the application for a minor or major village review permit together with
the reports and the recommendations of the appropriate departments to the Planning
Commission for a public hearing.
26 (d) The director shall transmit to the planning commission all timely appeals on
administrative permits and administrative variances.
27 (e) The director may grant, conditionally grant or deny applications for the types of
administrative variances set forth in Section 21.51.020 of this code and in accordance
28 with the procedures provided in Chapter 21.51 of this code, except that the director
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1 and the planning commission shall serve as the appropriate approving bodies for
projects within the village review area. If the project includes other discretionary
2 approvals outside the director's authority, the director shall set the consolidated
project for public hearing by the planning commission.
3 (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
4 code. (Ord. NS-675 § 33, 2003; Ord. NS-330 § 4 (part), 1995)
21.35.100 Planning commission action.
(a) The planning commission shall hold a public hearing on:
5 (1) Appeals of decisions made by the director on administrative village review permits
for the village area as defined in Section 21.35.080 or administrative variances;
7 (2) Minor or major village review permits; and
(3) Non-administrative variances for which the board has final decision-making
o authority pursuant to Section 21.35.130(b).
(b) For major village review projects, the commission shall consider the evidence and
by resolution report and recommend to the city council approval, conditional approval,
" or denial of the project. Such resolution shall state, among other things, the facts and
reasons why the commission determined the approval, conditional approval or denial
10 to be consistent with this chapter. The action to approve, conditionally approve or
deny is advisory to the council.
11 (c) The commission shall have sole authority to consider the evidence and by
resolution report and recommend to the city council approval, condition approval, or
12 denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village
Master Plan and Design Manual and/or other policy documents specifically related to
13 activities which benefit and/or otherwise impact the Village Area. (Ord. NS-675 § 34,
2003: Ord. NS-330 § 4 (part), 1995)
14 21.35.110 Effective date of order-Appeal of Planning Commission
decision.
The effective date of the planning commission decision and method for appeal of
15 such decision shall be governed by Section 21.54.150 of this code. (Ord. NS-675 §
35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-330 § 4 (part), 1995)
17 21.35.115 City Council action.
, „ The city council shall hold a public hearing on:
(a) Any major village review permit for which the planning commission has filed a
report and recommendation with the city clerk; or
1" (b) Any other matter made appealable to the council by this chapter and which has
been timely appealed. (Ord. NS-330 § 4 (part), 1995)
21.35.117 Notice of public hearings.
21 Notice of any public hearing required by this chapter shall be given as provided in
Section 21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995)
22 21.35.120 Consolidation of other permits and discretionary approvals-
23 Findings requirements.
(a) Whenever a project would require a permit or approval under the provisions of this
24 title and/or Title 20 notwithstanding this chapter, the village review permit shall be
deemed to satisfy the requirements for such permit or approval; provided, however,
25 that in considering the village review permit for said project the director, planning
commission and the city council shall apply the provisions of this chapter and the
26 provisions of this title otherwise applicable to such other permit or approval for the
project.
27 (b) Whenever a project consists only of exemption determinations and/or
administrative permits or administrative variances within the authority of either the
~~ director of planning or the director, they shall be consolidated and considered by the
director, subject to appeal to the planning commission with regard to determinations
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1 other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the
2 director's administrative permit or administrative variance authority, the administrative
permit and/or administrative variance aspects shall be consolidated with the other
3 matters and submitted to the planning commission.
(d) No variance, determination of exemption or administrative, minor or major village
4 review permit shall be granted unless the decisionmaker finds, in addition to any other
findings otherwise required for the project, that the project as approved, or
5 conditionally approved is consistent with this code, the general plan, and the village
master plan and design manual. (Ord. NS-330 § 4 (part), 1995)
6 21.35.130 Variances.
(a) The city council may grant variances from the limits, restrictions and controls
established by this chapter for major village review 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
11 is located and is subject to any conditions necessary to assure compliance with this
finding;
12 (3) The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property;
13 (4) The variance is consistent with the general purpose and intent of the general plan
and the Carlsbad village master plan and design manual;
14 (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
, f 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
1' by this chapter for a village review permit.
(c) The planning commission may grant variances from the limits, restrictions and
controls established by this chapter for minor review projects (or otherwise
administrative projects consolidated or on appeal from a director decision), if the
19 commission makes the variance findings set forth in subsection (a) of this section.
(d) The director may grant administrative variances in accordance with Section
20 21.35.090(e), if the director makes the findings set forth in subsection (a) of this
section. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4 (part), 1995)
91Zi 21.35.140 Compliance with other provisions of this code.
22 Projects developed pursuant to this chapter shall be subject to the provisions of the
village master plan and design manual and all other applicable provisions of the
23 Carlsbad Municipal Code, including but not limited to those provisions of Titles 18, 19
and 20. (Ord. NS-330 § 4 (part), 1995)
24 21.35.150 Amendments.
Amendments to the village master plan and design manual shall be deemed to be
amendments to this chapter; provided, however, that such amendments are
processed and noticed in a manner which meets the requirements of Chapter 21.52
2° of this code. Amendment of the village master plan and design manual by city council
resolution, with a recommendation from the planning commission shall be deemed to
27 satisfy the requirements of Chapter 21.52 of this code, provided all other
requirements are met. (Ord. NS-330 § 4 (part), 1995)
28
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Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the
2 Village outside of the Coastal Zone. For areas of the Village within the Coastal Zone, this ordinance is
3 not effective until approved by the Executive Director and/or California Coastal Commission.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 23rd day of June, 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 7th day of July, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R. BALL, City^ttorney
ATTEST:
ORRAINE M. WOd)D, City Cle
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS-037, CS-038, CS-039 AND CS-040
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS-037, CS-038, CS-039
and CS-040 are to be considered at the City Council Meeting to
be held on the 7th day of July, 2009.
2.) That a certified copy of the full text of Ordinance Nos. CS-037, CS-
038, CS-039 and CS-040 were posted in the City Clerk's Office oh
the 1ST day of July, 2009.
3.) That a summary of the Ordinances was published in the North
County Times, on the 2nd day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 2, 2009
(Seal)
Page 2
Certification of Posting and Publication of Ordinance Nos. CS-037, CS-0381 CS-
039 and CS-040
4.) That Ordinance Nos. CS-037, CS-038, CS-039 and CS-040
were adopted on the 7th day of July, 2009.
5.) That a certified copy of the full text of Ordinance Nos. CS-037
CS-038, CS-039 and CS-040, showing the names of those who
voted in favor and against the Ordinance was posted in the City
Clerk's Office on the 9th day of July, 2009.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 17th day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 17, 2009
I n/4,
(Seal)
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