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HomeMy WebLinkAbout1982-08-03; City Council; 7075-1; Implementation of Redevelopment Plan1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 1 28 ORDINANCE NO. 1254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.26 CREATING AND ESTABLISHING THE POWERS OF A DESIGN REVIEW BOARD FOR THE VILLAGE REDEVELOPMENT AREA AND FURTHER AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF CHAPTER 2.24 TO DESIGNATE THE DESIGN REVIEW BOARD AS THE PLANNING COMMISSION FOR THE VILLAGE REDEVELOPMENT AREA. . -- The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 2 of the Carlsbad Municipal Code is amended by the addition of Chapter 2.26 to read as follows: "Chapter 2.26 Iy_ DESIGN REVIEW BOARD - VILLAGE REDEVELOPMENT Sect ions : .--e- 2.26.010 Created. 2.26.020 Composition - Appointment. 2.26.030 Meetings. 2.26.040 Vote Required. 2.26.050 Functions. 2.26.010 Created. Pursuant to Title 21, Chapter 21.35 a Design Review Board for the Carlsbad village redevelopment area is created. 2.26.020 Composition - Appointment. The Design Review Board shall consist of five members, three of which shall be members of the Planning Commission, two of which shall be members of the Housing and Redevelopment Advisory Committee. Appointments to the Design Review Board shall be made by the City Council. Members shall serve one year terms and may be reappointed to consecutive terms. The Building Official, the Land Use Planning Manager and the City Attorney shall be ex-officio members of the Board. No ex-officio members shall be entitled to vote. 2-26.030 Meetings. The Board shall meet regularly once a month on the first Thursday of each month or more often if necessary for the transaction of business. In the event that a regular meeting falls on a legal holiday, said meeting shall be held on the next succeeding business day. The Committee shall 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 _- A elect a chairperson and establish its own rules and procedures necessary for the conduct of its business. 2.26.040 Vote required. The affirmative vote of three members of the Design Review Board shall be necessary for any action of the Board on a project processed under Chapter 21.35 of this Code. 2.26.050 Functions. The Design Review Board shall be responsible for the administration of and shall carry out the duties 'specified in Chapter 21.35 of the Carlsbad Municipal Code. The Design Review Board shall also act as the Planning Commission as provided in Section 2.24.070 of this Code on matters subject to the provisions of Chapter 21.35 of this Code. SECTION 2: That Title 2, Chapter 2.24 is amended by the addition of Section 2.24.080 to read as follows: 2.24.080 Design Review Board designated as Planning Commission for certain wrDoses. Whenever in Title 21 it is LL provided that an action or a decision on a project or permit shall be taken or made by the Planning Commission and such permit or project is processed .according to Chapter 21.35 and consolidated in the redevelopment permit under Section 21.35.130 then the Design Review Board shall be the Planning Commission with respect to such project or permit. Nothing in this section shall authorize the Design Review Board to act. as the Planning Commission with regard to amendments of the General Plan or any specific plans adopted pursuant thereto, any zone changes,or any subdivisions processed pursuant to Title 20. The Design Review Board shall act as the Planning Commission with respect to reports made pursuant to Section 2.24.065 if such report is made in connection with a project processed pursuant to Chapter 21.35 of this Code. 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 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of July I 1982, and thereafter /// /// 2. 1 2 3 4 5 6 7 a 9 10 11 12 13 &s 14 2, $E 0 4 4 -v3 R Po’= 15 d. :a $586 16 -I wo 55 ; 17 0 c B 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said Council held on the 3rd day of August , 1982, by the following vote, to wit: ATTEST: AYES : NOES: None ABSENT: COunCil Member Kulchin Cauncil &hers Casler, Us, Chick and hear ALETHA L. (SEAL) %? d. e&*- 3. 1 2 3 4 5 6 7 a 9 10 11 12 0 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9639 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD, MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.35 ESTABLISHING A VILLAGE REDEVELOPMENT ZONE. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.35 to read as follows: Chapter 21.35 V-R VILLAGE REDEVELOPMENT ZONE Sections: 21.35.010 21 . 35.020 21.35.030 21 . 35.040 21 . 35.050 21.35.060 21 . 35.070 21 . 35.080 21.35.085 21 . 35.090 21.35.100 21 . 35.110 21 . 35.11 5 21.35.120 21.35.130 21.35.140 ' 21.35.150 21.35.010 Intent and purpose. Incorporation of redevelopment plan and design manual by reference. Land affected by this chapter. Permitted uses. Conditional uses. General regulations. Redevelopment permit. Minor Projects. Permit applications. Transmittal to design review board. Design review board action. . Appeal to Housing and Redevelopment Commission. Housing and redevelopment commission action. Consolidation of other permit requirements. Exemptions. Compliance with other provisions of this code . Amendments. Intent and DurDose. The Villase Redevelopment Zone is intended io establish land "$e classifications 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. 1 2 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 . 21 22 . 23 24 25 26 27 28 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 Desiqn 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. redevelopment, building or rebuilding shall occur in the area subject to this chapter 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 . 21.35.070 Redevelopment permit. No development, 1.35.080 Minor Projects. A minor project includes: a) Requeszs 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 on 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 2. 3 1 2 z 4 E € 'i E s 1c 11 19 20 21 22 23 24 25 26 27 28 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 for 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. 3. .. I i z 4 F € 'i L s 1c 11 19 20 21 22 23 24 25 26 27 28 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 disapprowe 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 a project would require a permit or approval under the 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. 21,35.140 Compliance with other provisions of this code. Projects developed pursuant to this chapter shall be subject to a91 other applicable provisions of the Carlsbad Municipal Code including but not limited to those provisions of Titles 18, 19 and 20. 4. I 3 ,e 1 2 z 4 E 6 9 E 9 1c 11 F B ia 19 20 21 22 23 24 25 26 27 28 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 adoption. 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 A-t , 1982, by the following vote, to wit: AYES: NOES: None ABSENT: Council Member Kulchin council Members Casler, Lewis, Qlick and Anear ATTEST: ALETHA L. RAUYENKRANZ, City Cler (SEAL) 5. G ORDINANCE NO. 9640 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALILFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A ZONE CHANGE FROM R-3, R-PI C-M, C-2, AND M TO V-R, VILLAGE REDEVELOPMENT ZONE ON PROPERTIES LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE REDEVELOPMENT AREA. CASE NO.: ZC-257. * APPLICANT: CITY OF CARLSBAD The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-257) from R-3, R-P, C-M, C-2 and M to V-R, Village Redevelopment Area on properties located within the boundaries of the Village Redevelopment Area, as shown on the map marked Exhibit A, attached hereto and made a part hereof. 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 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of July 8 1982 and thereafter /// /// /// /// ! 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 20 PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of August , 1982 by the following vote, to wit: AYES: NOES : None - Council Pknbers Casler, Lewis, Chick and hear ABSENT: @unci1 Meher Kulchin 9b/4c, d &G4&/ MARY H ./CASLER, Mayor ATTEST: (SEAL) 2. .. EXHIBIT A AP ORDINANCE NO. 9640 -.:LC ,ATION MAP . I' ZONE CHANGE FROM R-3, R-P, C-M, C-2, &M TO V-R. . .. CASE NO. ZCA 140/Z6257 APPLICANT CITY OF CARLSBAD , ...