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