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HomeMy WebLinkAbout1983-04-05; City Council; 7338; Village Redevelopment Zone22 'h Cln-lF CARLSBAD - AGENDk-jlLL 4B# 733 ' UlTG.4/5/83 3EPT.RE D ZONE COLE AMENDMENT-AMENDMENT TO VILLAGE R E3 t V E L 0 PM E NT Z ON E - P ROC E DU RA L C HA N G E S ZCA-160 CITY OF CARLSBAE CITY AHYhB' CITY MOR. RECOMMENDED ACTION: Review ordinance , if Counci 1 concurs i' :co~rn~nd approval and introduce Ordinance No. esx. 96 77, ITEM EXPLANATION On August 3, 1982, the City Council adopted the Village Redevelopment Zone setting up procedures for the issuance of redevelopment permits. redevelopment permit process has been operating under this ordinance for+ the last few months. Since the ordinance has been in operation it has become apparent that several minor changes are necessary to improve the process. proposed changes are discussed below. The The VR Zone- Chapter 21.35 1) 2) 21.35.80 - A proposed revision to the minor projects definition. projects would be defined as less than $50,000 rather than $20,000. 21.35.100 - Currently the VR Zone requires a public .hearing for - all projects in the Redevelopment Area. Boa.rd action final on minor projects with no public hearing involved. Major projects would still have a hearing and would be reviewed by the Housing and Redevelopment Commission. final unless appealed to the Housing and Redevelopment Commission. 21.35.110 - This section also amends the appeal process essentially allowing any citizen to appeal any decision of the Board to the Housing and Redevelopment Commission. Minor The proposed changes would make the Design Review This section also makes denials by the Board 3) The proposed changes are designed to make it easier to process minor projects in the Redevelopment Area. of the proposed amendments to the VR Zone at their February 9, 1983, meeting. The Housing and Redevelopment Commission unanimously recommended approval at their March 15, 1983, meeting. The Cesign Review Board unanimously recommended approval ENVIRONMENTAL REV I El\! The Land Use Planning Flanager has determined that this project will not have a significant effect on the environment and has issued a statement of prior compliance on January 28, 1983. FISCAL IMPACT Approval of this request will not cause any fiscal impacts to the City. EXHI BITS 1- 2- Design Review Board Resolution No. 013 3- Staff Report, dated February 9, 1983, wjattachments. City Council Ordinance No. - 9679 % .. 1 2 3 4 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6". DESIGN REVIEW BOARD RESOLUTION NO. 013 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.35 (VR ZONE), SECTIONS 21.35.80, 21.35.100 AND 21.35.110, OF THE CARLSBAD MUNICIPAL CODE TO MAKE MINOR PROCEDURAL CHANGES TO THE REDEVELOPMENT PERMIT PROCESS. APPLICANT: CITY OF CARLSBAD - CASE NO: ZCA-160 WHEREAS, the Design Review Board did, on the 9th day of February, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and -WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Board considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That based on the evidence presented at the public hearing, the Design Review Board recommends APPROVAL of ZCA-160, according t Exhibit "A", dated February 9, 1983, attached hereto and made a part hereof, based on the following findings: That the above recitations' are true and correct. Findinus: 1) That the existing Chapter 21.35 of the Carlsbad Municipal Code needs revision to make it more flexible for minor projects. 2) That minor projects do not need a public hearing. 3) That decisions made by the Design Review Board for minor projects are appealable to the Housi'ng and Redevelopment Commission. /I// //// I/// //I/ //// . 1 2 3 4 5 6 7 a 9 - 12 .13 14 * JE 17 If 1s 2c 21 22 22 24 I I. 27 ,. 2E I PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 9th day of February, 1983, by the following vote, to wit: AYES : NOES : ABSENT : h CHRIS SALOMONE COMMUNITY REDEVELOPMENT MANAGER DRB RES0 NO. 013 D2 '. .. c STAFF REPORT -- DATE : February 9, 1983 TO : Design Review Board FROM : Land Use Planning Office SUBJECT: ZCA-160 - CITY OF CARLSBAD - Amendments to Chapter ~~- 21.35, Village Redevelopment Zone, making minor procedural changes. I. RECOMMENDATION It is recommended that the Design Review Board ADOPT Resolution No. 013, recommending # to the City Council APPROVAL of ZCA-160. II. PROJECT DESCRIPTION - On August 3, 1982, the City Council adopted the Village Redevel- opment Zone setting up procedures for the issuance of redevel- opment permits. The red2velopment permit process has been operating under this ordinance for the last few months. Since the ordinance has been in operation it has become apparent that several minor changes are necessary to improve the process, The proposed changes are discussed below. . VR Zone - Chapter 21.35 1) 21.35.80 - - A proposed revision to the minor projects definition. Minor projects would be defined as less than $50,000 rather than $20,000. 2) 21.35,lOO - Currently the VR zone requires a public hearing for all projects in the Redevelopment Area, The proposed change would make the Design Review Board action final on minor projects with no public hearing involved. Major projects would still have a hearing and would be reviewed by the Housing and Redevelopment Comrnis.sion. This section also makes denials by the Board final unless appealed to the Housing and Redevelopment Commission. 3) 21.35.110 - This section also amends the appeal process 1 essentially allowing any citizen to appeal any decision of I the Board to the Housing and Redevelopment Commission. i , The proposed changes are designed to make it easier to process minor projects in the Redevelopment Area. Design Review Board Resolution No. 013 Exhibit "A" shows the ordinances as revised. Exhibit "X" shows the existing and proposed wording. b .. 111. ENVIRONMENTAL REVIEW The &and Use Planning Manager has determined that this project will not have a significant effect on the environment and has issued a statement of prior compliance on January 28, 1983. ATTACHMENTS 1. 2. CDG : kb 1/3 1/83 Design Review Board Resolution No. 013 Exhibit "X", Existing and Proposed Text ! -2- 7 c.. EXHIBIT X K- 21.35.100 Design Review Board action. a) The design review board shall hold a public hearing on all redevelopment permits except for minor projects. b) For minor projects defined in Section 21.35.080, 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. c) For all other projects the board shall consider the evidence and by formal resolution announce its action. Same resolution shall recommend among other things the facts and reasons which, in the opinion of the board made the approval, conditional approval or denial necessary to carry out the purpose of this chapter and shall recommend the approval or conditional approval of the permit by the housing and redevelopment cornmission, or deny the permit. The action of the board to deny the permit is final unless appealed to the commission. The action to approve or conditionally approve is advisory to the commission and the city clerk shall set the matters to public hearing before the commission within thirty days after the adoption of the resolution. d) Notice of public hearings shall be given as provided in Section 21.54.060(1) of this code. (Ofr. 9639 l(part), 1982). 21.35.110 Appeal to Housing and Redevelopment Commission. Any interested party may appeal a design review board's decision on a minor project or denial of any other project by filing a written appeal with the city clerk within ten days of the date of the decision. (Ord. 9639 l(part), 1982). 21.35;115 Housing and Redevelopment Commission action. The housing and redevelopment commission shall hold a public hearing on a redevelopment permit which has been appealed or for which the design review board has filed a report with the city clerk. At the public hearing, the housing and redevelopment commission shall review the design review board's report, shall consider the evidence and shall approve, conditionally approve, or disapprove the permit. Such determination shall be made in accordance with this code, the general plan, the Carlsbad village area redevelopment plan and the village design manual. The housing and redevelopment commission may refer the permit to the housing and redevelopment advisory committee for report and recommendation. Such report and recommendation shall be made within thirty days of the dated referral. The housing and redevelopment advisory committee need not hold a public hearing on the project. (Ord. 9639 l(part), 1982). 21.35.080 Minor projects. A minor project includes: a) Requests not involving a structural. change; b) projects involving a structural change costing less than $56,000; c) use changes in existing buildings; d) new signs or changes to existing signs. .. 1 2 3 4 5 6 7 a 9 10 11 12 s 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO . 9679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.35 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.35.080, 21.35.100 AND 21.35.110 TO MAKE PROCEDURAL CHANGES TO THE APPLICANT: CITY OF CARLSBAD. '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 amendment of Chapter 21.35, Sections 21.35.080, 21.35.100 and 21.35.110, to read as follows: 21.35.080 Minor Projects. A minor project includes: (a) Requests not involving a structural change; (b) Projects involving a structural change costing (c) Use changes in existing buildings; (d) New signs or changes to existing signs. less than $50,000; 21.35.100 Design Review Board Action. (a) The Design Review Board shall hold a public hearing on all redevelopment permits except for minor projects. (b) For minor projects defined in Section 21.35.080, the Design Review Board shall consider the evidence and by resolution approve, conditionally approve or deny 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. evidence and by resolution recommend to the Housinq and Redevelopment Commission approval, conditional approval of the project 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 consistant with this chapter. The action of the Board to deny the permit is final unless appealed to the Commission. The action to approve or conditionally approve is advisory to the Commission and the City Clerk shall set the matters to public hearing before the Commission within thirty days after the adoption of the resolution. (d) Notice of public hearings shall be given as provided in Section 21.54.060(1) of this Code. 21 . 35.1 10 Appeal to Housing and Redevelopment Commission. Any interested party may appeal a Design Review Board decision on a minor project or denial of any other project by filing a written appeal with the City Clerk within ten days of the date of the d'ecision. (c) For all other projects the Board shall consider the d 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 4 I EFFECTIVE DATE: This ordinance shall be effective thirty lays after its adoption, and the City Clerk shall certify to the xdoption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after its i 2doption. INTRODUCED AND FIRST READ at a regular meeting of the 3arlsbad City Council held on the 5th day of April, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City 2ouncil held on the to wit: AYES : NOES : ABSENT: 19th day of April, 1983, by the following vote, Council. pllembers Casler, LRwis, Kulchin, Chick and None Prescott None MARY H. BASLER, Mayor ITTEST : ILETHA L. RAUTENKRANZ, city Cle (SEAL) Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbud, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold o public hearing at the City CQuncil Chambers, 1200 Elm Avenw Carbbrd, c.Lifamia, at 600 P.Y, on 'Ehosdqs A@ilS, 1983, to CO&tw laegdlaeotr to / ZCA-160 the Village Redevelopment Zone and to the Design-Review Board Ordinance affecting permit ap plication procedures, minor proj- ects, appeals, and establishing a new meeting time for the Design Review Board on property general- ly located in the Redevelopment Area and mqre partiqularly shown on the map belpw. next preceding the. date of publication of- the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 83 .. ......... .March. 2.3. ........... 19.. ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 23rd day of &larh 1981 f-' 7- ,'\ 0.h9.U * -_ NVLILD ur YUBLIL ruu-uu= NcrrICF, IS HEREBY GIV that the Design Review Board c :he City f Carlsbad will hold a public htLiing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 5:30 p.m. on Wednesday, February 9, 1983, to consider approval of amendments to the Village Redevelopment Zone and to the Design Review Board Ordinance affecting permit application procedures, minor projects, appeals, and establishing a new meeting time for the Design Review Board on property generally located in the Redevelopment Area and mre particularly shorn on the map below. .. - Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Redevelopment/Land Use Planning Office at 438-5591. If you have any questions please call the CASE FILE: ZCA-160 APPLICANT : CITY OF CARLSBAD PUBLISH: January 29, 1983 CITy OF CARLSBAD DESIGN REVIEW WARD .- - ..,. - --_ I . . - . .- ... _.. _-. ._.._ _.. e . '- ..,OTICE OF PUBLIC HEARING ZCA-160 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, CAlifornia, at 6:OO P.M., on Tuesday, April 5, 1983, to consider amendments to the Village Redevelopment Zone and to the Design Review Board Ordinance affecting permit application procedures, minor projects, appeals, and establishing a new meeting time for the Design Review Board on property generally located in the Redevelopment Area and more particularly shown on the map below. APPLICANT: City of Carlsbad PUBLISH : March 23, 1983 CARLSBAD CITY COUNCIL AE'PI,TCIPNI"T CTTY OF PARTSRAD CASE NO: ZCA-160