HomeMy WebLinkAbout1992-04-14; City Council; 11639; AMENDMENT TO TITLE 21 - PLANNING DIRECTOR INITIATED AMENDMENTS TO TITLE 21 - ZCA 91-07G m rl I Ln 2;
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CIT\DF CARLSBAD - AGEN~BILL
AB # I/, d: 3:? TITLE: I AMENDMENT TO TITLE 21 - PLANNING DIRECTOR
INITIATED AMENDMENTS TO TITLE 21 - ZCA 91-7 MTG. 4/14/92
PLN DEPT.
RECOMMENDED ACTION:
If Council concurs, both the Planning Commission and staff are recommendir
City Council ADOPT Resolution No. c)2.- lob , APPROVING the Negative C
issued by the Planning Director; and INTRODUCE Ordinance No.0 s -I 5(,, , AP
ZCA 91-7.
ITEM EXPLANATION
On February 5, 1992, the Planning Commission considered and recommendec
of a Zone Code Amendment and the corresponding Negative Declaration, tc
Planning Director to initiate amendments to Title 21 without the requirement of a
of intention from the Planning Commission or the City Council.
Currently, Title 21 of the Carlsbad Municipal Code allows property owners, thf
Commission, and the City Council to initiate amendments to Title 21. This ZI
Amendment would save the City time and expense by allowing the Planning I
initiate the many "housekeeping" type changes to Title 21 of the Municipal co(
the time consuming added step of requiring a Planning Commission approved
of intention on each proposed amendment. All Planning Director proposed am
to the code would still be reviewed by the Planning Commission at a public he
approved by the City Council.
ENVIRONMENTAL REVlEVV
On February 5, 1992, the Planning Commission recommended approval of thc
Declaration issued by the Planning Director on December 19, 1991.
FISCAL IMPACT
The elimination of the resolution of intention requirement for Planning Directc
changes to the code will save Planning Department staff time in preparing the s
and approving resolution, scheduling the item for Planning Commission re
reviewing the item at a public hearing.
EXH I BITS
1. City Council Resolution No. qd -/c'.&
2. City Council Ordinance No. 0 C, 14 &-
3.
4.
5.
Planning Commissiori Resolutions Nos. 3330 & 3331
Planning Commission Staff Report, dated February 5, 1992
Excerpts of February 5, 1992 Planning Commission Minutes
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RESOLUTION NO. 92-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTER
21.52 AMENDMENTS, TO ALLOW CITY STAFF TO INITIATE AMENDMENTS TO TITLE 21 WITHOUT THE REQUIREMENT OF
A RESOLUTION OF INTENTION FROM THE PLANNING
COMMISSION OR CITY COUNCIL.
CASE NAME: PLANNING DIRECTOR INITIATED AMENDMENTS
CASE NO: ZCA 91-7
TO TITLE 21
7 WHEREAS, pursuant to the provisions of the Municipal
8
duly noticed public hearing as prescribed by law to consider 9
Code, the Planning Commission did, on February 5, 1992, hold ;
10 said request: and
11 WHEREAS, at said public hearing, upon hearing and
12
study, analyzing the information submitted by staff, and 13
considering all testimony and arguments, examining the initial
Council of the City of Carlsbad as follows: 18
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City 17
Declaration; and 16
Commission considered all factors relating to the Negative 15
considering any written comments received, the Planning 14
19
2. That the findings and conditions of the Planning 20
1. That the above recitations are true and correct.
21
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is hereby approved. 24
City Council in this matter and that the Negative Declaration 23
incorporated herein by reference constitute the findings of the 22
Commission Resolution No. 3330, on file with the City Clerk and
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the
14th day of April , 1992, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Ny
NOES: None
ABSENT : None
ATTEST:
llJ2LtL $Q"
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
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ORDINANCE NO. NS-196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CART
CHAPTER 21.52 BY THE ADDITION OF SECTION 21.52.020(L
ALLOW CITY STAFF TO INITIATE AMENDMENTS TO TITLE 21 WI1
THE REQUIREMENT OF A RESOLUTION OF INTENTION FRO1
PLANNING COMMISSION OR CITY COUNCIL.
CASE NAME: PLANNING DIRECTOR INITIATED AMENDMENTS
CALIFORNIA AMiENDING TITLE 21 OF THE CARLSBAD MUNICIPAI
CASE NO: ZCA 91-7
The City Council of the City of Carlsbad, California does ordain as
WHEREAS, the findings of the Planning Commission as set fort1
Cornmission Resolution No. 3331, incorporated herein by reference sf
findings of the City Council.
NOW, THEREFORE, the City Council of the City of Carlsbad, Californ
as follows:
SECTION 1: That Title 21, Chapter 21.52 of the Carlsbad Mum
amendment by the addition of Section 21.52.020(4) to read as follows:
"(4) The Planning Director."
EFFECTIVE DATE: This ordinance shall be effective thirty days afte
and the City Clerk shall certify to the adoption of this ordinance and (
published at least once in the Carlsbad Journal within fifteen days after it
INTRODUCED AND FIRST READ at a regular meeting of the Carlsba
held on the - day of , 1992, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council
day of
AYES:
7 1992, by the following vote, to wit:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. EIAUTENKFWNZ, City Clerk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3330
0
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGP
DECLARATION FOR A ZONE CODE AMENDMENT TO AMEND TITI
OF THE CARLSBAD MUNICIPAL CODE, CHAPTER 21.52 AMENDME
TO ALLOW CITY STAFF TO INITIATE AMENDMENTS TO TITL
WITHOUT THE REQUIREMENT OF A RESOLUTION OF INTENTION F
THE PLANNING COMMISSION OR CITY COUNCIL.
CASE NAME: PLANNING DIRECTOR INITIATED AMENDMENTS TI
TITLE 21
CASE NO: ZCA 91-7
WHEREAS, the Planning Commission did on the 5th day of Februaq
a duly noticed public hearing as prescribed by law to consider said request
WHEREAS, at said public hearing, upon hearing and considering all tc
arguments, examining the initial study, analyzing the information submitted
considering any written comments received, the Planning Commission c(
factors relating to the Negative Declaration.
,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
follows:
A)
I B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, 1
to Exhibit "ND", dated December 19, 1991, and "PIE", dated Noveml
attached hereto and made a part hereof, based on the following fin(
Commission hereby recommends APPROVAL of the Negative Declarat;
i Finding:
1. The initial study shows that there is no substantial evidence that thr
have a significant impact on the environment.
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0 PASSE h APPROVED, AND ADOPTED at a regular meeting of tl
Commission of the City of Carlsbad, California, held on the 5th day of Febr
by the following vote, to wit:
AYES: Chaiiman Erwin, Commissioners: Schlehuber, Schran
Savary & Noble.
None. NOES:
ABSENT: Commissioner Hall.
ABSTAIN: None.
<-- - .-- i
‘1, -y\\- c -* \Lbb- ._
TOM ERWIN, Chairperson
CAFUSBAD PLANNING CO
ATTEST:
3
MICHAEL J-OLMILLER
PLANNING DIRECTOR
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PC RES0 NO. 3330 -2-
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City of Carlsbs
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: CITY OF CARLSBAD
PROJECT DESCRIPTION: Zone Code Amendment to Title 21 of the Carlsbad MI
Code to allow City staff to initiate amendment to 1
without the requirement of a Resolution of Intention fi
Planning Commission or City Council.
The City of Carlsbad has conducted an environmental review of the above described
pursuant to the Guidelines for Implementation of the California Environmental Qu:
and the Environmental Protection Ordinance of the City of Carlsbad. As a result
review, a Negative Declaration (declaration that the project Will not have a sig
impact on the environment) is hereby issued for the subject project. Justification
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the P
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fi
public are invited. Please submit comments in writing to the Planning Departmen
30 days of date of issuance. If you have any questions, please call Jeff Gibsoi
Planning Department at (619) 438-1 161 , extension 4455.
DATED: DECEMBER 19,1991
CASE NO: ZCA 91-7 Planning Director
APPLICANT: CITY INITIATED AMENDMENTS TO TITLE 21
PUBLISH DATE: DECEMBER 1,9,1991
MICHAEL J. HO%M~EP I
JG:lh:vd
3075 '-PS a4~4~~=,c, Dr\v@ - Carlsbad. California 92009-1576 e (619) 4:
ENVIRO &"TAL WACX ASSESSMENT F &-PART11
. (TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASENO. ZCA9
DATE: NOVEh
BACKGROUND
1. CASE NAME: STAFF INITIATED AMENDMENTS TO TITLE 21
2. APPLICANT: CITY OF CARLSBAD
3. ADDRESS AND PHONE NUMBER OF APPLICANT: PLANNING DEPARTMEN7
2075 LAS PALMAS DEW
CARLSBAD, CA 92009
4. DATE EIA FORM PART I SUBMITTED: N/A
5. PROJECT DESCRIPTION: ZONE CODE AMENDMENT TO TITLE 21 OF T
MUNICIPAL CODE TO ALLOW CITY STAFF TO INITIATE AMENDMENTS
WITHOUT THE REOUIREMENT OF A RESOLUTION OF INTENTION FROM 1
COMMISSION OR CITY COUNCIL.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the C
Environmental Impact Assessment to determine if a project may have a significant effect on tl
The Environmental Impact Assessment appears in the following pages in the form of a checklis
8 identifies any physical, biological and human factors that might be impacted by the propc
provides the City with information to use as the basis for deciding whether to prepare an
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence thz
any of its aspects may cause a significant effect on the environment. On the checklist, "NO"
to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that a
project may cause a sirmificant effect on the environment. The project may qual@
Declaration however, if adverse impacts are mitigated so that environmental effects
insinnificant. These findings are shown in the checklist under the headings YES-sig"
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end ol
mitigation for impacts which would otherwise be determined significant.
DISCUSSION OF ENVIRONMENTAL EVALUATION, Particular attention should be give
0
PHYSICAL ENvIRONMEN-lr
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
(sig) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the OCL man or
2.
3.
-
4.
any bay, inlet or lake? - -
5. Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
6,
7.
8. water, ground water or public water supply? -
9. Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy? 10.
11. Alter a significant archeological,
paleontological or historical site,
structure or object?
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BIOLOGICAL ENVIRONMENT
0
WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY: YES YES
big) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic pianrs)? -
13. Introduce new species of plants into im area,
or a barrier to the normal replenishment of
existing species? -
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
15.
16.
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
(sig) (*@I
17. Alter the present or planned land use
of an area? - -
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? - -
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HUMANENVIRONMENT
WILL THE PROPOSAL DtREmLY OR INDIRECTLY: YES YES
big) (insig)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems? -
20. Increase existing noise levels? -
21. Produce new light or glare? - -
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation)? -
23. Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
24.
25. Generate substantial additional traffic?
26. Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
27,
28. Alter waterborne, rail or air traffic? -
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere With emergency response plans or 30. emergency evacuation plans? - -
31. Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
32.
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
big> (insig)
33. Does the project have the potential
to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
Does the project have environmental effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? -
-
34.
time while long-term impacts will
35.
36.
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DISCUSSION OF ENVIRONMENTAL EVALUATION
No physical iteration of the environment is associated with this project, therefore no
physical, biological, or human environmental impacts will result. The zone code amendn
changes the zoning ordinance to allow more efficient administration of the code which v
actual physical relevance to the development of the City.
ANALYSIS OF VIABLE ALTERNATW3 TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed, and
g) no project alternative.
Project alternatives are required when there is evidence that the project will have i
adverse impact on the environment and an alternative would lessen or mitigate th
impacts. Public resources Code Section 21002 forbids the approval of projects wit!
adverse impacts when feasible alternatives or mitigation measures can substantially
impacts. A 'kignificant effect" is defined as one which has a substantial adverse im]
project has "NO" significant impacts than there is no substantial adverse impact and no
for requiring a discussion of alternatives, (There is no alternative to no substantial adve
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DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a sigmficant effect on the environment, a~
DECLARATION will be prepared.
- I find that the proposed project COULD NOT have a significant effect on the environmt
environmental effects of the proposed project have already been considered in cc
previously certified environmental documents and no additional environmental revi
Therefore, a Notice of Determination has been prepared.
- I find that although the proposed project could have a significant effect on the environ
not be a significant effect in this case because the mitigation measures described on i
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
1 find the proposed project MAY have a significant effect on the environment, and an EN’
IMPACT REPORT is required. -
DL (2 ! 19PI -
‘I\ ‘ (‘pd ’ (Ti’c.
# wMC *<l LU !?- I lb,-?\ I- 1
Date Signature -
Y -I Dhe Planning Director
LIST MITIGATING MEASURES (IF APPLICABLE]
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
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APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THE 6 TO CERTIFY THAT I HAVE KEMEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
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QLANNING COMMISSION RESOL UP ON NO. 3331
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI?
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNI CODE, CHAPTER 21.52 - AMENDMENTS, SECTION 21.52,020, TO A CITY STAFF TO AMEND TITLE 21 WITHOUT THE REQUIREMENT 1
RESOLUTION OF INTENTION FROM THE PLANNING COMMISSIC
CITY COUNCIL.
CASE NAME: PLANNING DIRECTOR INITIATED AMENDMENTS TC
TITLE 21
CASE NO: ZCA 91-7
WHEREAS, the Planning Commission did on the 5th day of Februar
a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all 1
arguments, if any, of all persons desiring to be heard, said Commission (
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C
follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, thc
recommends APPROVAL of ZCA 91-7, according to Exhibit
February 5, 1992, attached hereto and made a part hereof, based on
finding:
Finding:
1. The Zone Code Amendment is consistent with the General Plan 1
administration of an implementing ordinance or the General Plan (
efficient and timely for City staff.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of
Commission of the City of Carlsbad, California, held on the 5th day of Febru
the following vote, to wit:
AYES: Chairman Erwin, Commissioners: Schlehuber, Schrai
Savaiy & Noble.
None. NOES:
ABSENT: Comnissioner Hall.
ABSTAIN: None.
1
ImL t-L-*--i
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISS
ATTEST:
W MICHAEL J. HOLZM~ER
Planning Director
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:=SO NO. 3331 -2-
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STAFF REPORT
DATE: FEBRUARY 5, 1992 (
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA 91-7 PLANNING DIRECTOR INITIATED AMENDMENTS TO TIT
Request for recommendation of approval for a Negative Declaration,
amendment to Title 21 of the Carlsbad Municipal Code, Chapter
allowing City staff to initiate amendments to Title 21 witho
requirement of a resolution of intention from the Planning Commis
City Council.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No.
recommending APPROVAL of the Negative Declaration issued by the Planning Direct
ADOPT Planning Commission Resolution No. 3331, recommending APPROVAL of Z
7, based on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION AND ANALYSIS
This zone code amendment would allow City staff to initiate amendments to Title 2
Carlsbad Municipal Code without the requirement for a resolution of intention fr
Planning Commission or City Council. This amendment would save the City til
expense by allowing City staff to initiate the many "housekeeping" type changes
21 of the Carlsbad Municipal Code without the requirement for the time con
resolution of intention process on each proposed amendment. All staff pr
amendments to Title 21 would still be reviewed by the Planning Commission at a
hearing and approved by the City Council.
Currently, Title 21 of the Carlsbad Municipal Code, Chapter 21.52, (AMENDM
Section 21.52.020 (1)-(3), allows Carlsbad property owners, the Planning Commissi
the City Council to initiate amendments to Title 21. For the purpose of saving ti
expense the Planning Department recommends that Section 21 S2.020 be amendec
a fourth stipulation that would provide City staff with the ability to initiate change
code.
ZCA 91-7 - PLANNING b -,dXTO'R INITIATED AMENDMEN U -0 TITLE 21
FEBRUARY 5, 1992
PAGE 2
The Planning Department recommends that Title 21 of the Carlsbad Municipal
read as follows:
Chapter 21.52 (AMENDMENTS) be amended by the addition of Section 21 .52,O2Ol
"(4) The Planning Director."
111. ENVIRONMENTALREVIEW
No physical alteration of the environment is associated with this zone code amend
therefore no significant physical, biological, or human environmental impacts will
Allowing City staff to initiate a zone code amendment without separate approval frc
Planning Commission does not impact the physical environment, but rather allows foi
efficient administration of the zoning ordinance. When the actual staff initiated zon
amendments are reviewed and approved by the Planning Commission and City Cc
further environmental review will be required. The zone code amendment was an
through an Environmental Assessment Part-I1 (Initial Study). The Planning Direct
determined that ZCA 91-7 would not create any significant adverse environmental in
and a Negative Declaration was issued on December 19, 1991.
ATTACHMENTS
1.
2.
3. Resolution of Intention 191
Planning Commission Resolution No. 3330
Planning Commission Resolution No. 3331
December 2, 1991
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PLANNING COhTh4ISSION RESOLUTION OF "TION NO. 191
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO CON,
AMENDING TITLE 21 OF THE MUNICIPAL CODE TO ALLOW CITY !
TO INITIATE AMENDMENTS TO TITLE 21 WITHOUT REQUIRI
RESOLUTION OF INTENTION FROM THE PLANNING COMMISSK
CITY COUNCIL.
Pursuant to section 21.52.020 of the Carlsbad Municipal Code
Commission of the City of Carlsbad hereby declares its intention to
amendment to Title 21 of the Carlsbad Municipal Code to:
Allow City Staff to initiate amendments to Title 21 without requ
resolution of intention from the Planning Commission or City Cour
The Planning Director is directed to prepare a staff report and set t
public hearing before this Commission.
PASSED, APPROVED, AND ADOPTED at a regular meeting o
Commission of the City of Carlsbad, California, held on the 20th day of No7
by the following vote, to wit:
Chairman Holmes, Commissioners: SchlehuE
Savary & Noble.
AYES:
NOES: None.
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ABSENT: 1 I
ROBERT HOLMES, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
. &%E%EiEa
PLANNING DIRECTOR
February 5, 1992 PLANNING COMMISSION Page 8
he proposed Tentative Map is consistent with all
o dinances, standards, and coastal requirements. Staff
re ommends approval.
Chai an Erwin opened the public testimony and issued the
invit tion to speak.
Larry C emens, Hillman Properties, 2011 Palomar Airport
Road, Ca lsbad, addressed the Commission and stated that he
agrees wi h the overall staff recommendation, however he
objects tokondition #65 regarding the storm drain
maintenance assessment district. Since the property is
taxed for a urpose, with the monies going into the general
fund, he feel that another tax on the property is not
justified. He also believes that it sets a bad precedent
and that the Ci y should be providing certain services to homeowners, inclkding maintenance of storm drains.
Clemens has been dvised by the City Attorney that if he
does not take exce tion to Condition #65 at this time, he
would be waiving him right to speak at the public hearing
for the assessment djstrict.
Commissioner Holmes no ed that somewhere in the staff report
spots it referred to 1.2y du/ac. Ms. Blackburn replied that
the 1.25 du/ac refers to et density and the .80 du/ac
Chairman Erwin agrees with . Clemen's exception to
refers to gross density.
Condition #65. He stated tha Commissioner Hall objected to
this same condition on anothe project at the last meeting.
Commissioner Holmes inquired if he applicant would be
proposed.
dipping and found out that paint wi 1 not adhere to hot dip
He stated that the present plans call for a zinc-based
Commissioner Holmes can accept the zin based primer
B
\
\
Mr.
he had seen a density / stated of .80 du/ac, whereas in other
willing to hot dip the wrought 1 i n gates which are
unless the surface is roughed up, 'pt wh',ch negates the hot dip.
i x
Larry Clemens stated tA t he had checked into hot
primer which does essentially the sam thing as hot dip,
process. b-,
There being no other persons desiring to %dress the
Commission on this topic, Chairman Erwin declared the public
testimony closed and opened the item for di ussion among
Commissioner Noble stated that he has had wrou t iron in
his yard at Terramar (near the beach) for 21 yea s and it
the Commission members.
has only had to be touched up twice.
wrought iron fence with a zinc-based primer as staked by Mr.
Clemens .
Motion was duly made, seconded, and carried to adopt\
Planning Commission Resolution No. 3338 approving the\
Negative Declaration issued by the Planning Director a&
adopt Planning Commission Resolution No. 3339 approving
CT 90-37, based on the findings and subject to the conditkons
contained therein.
6) ZCA 91-7 PLANNING DIRECTOR INITIATED AMENDMENTS TO
'\
\
\ He can accht the
\.
TITLE 21 -' Request for recommendation of approval for a
Negative Declaration, and an amendment to Title 21 of
the Carlsbad Municipal Code, Chapter 21.52, allowing
City Staff to initiate amendments to Title 21 without
the requirement of a resolution of intention from the
Planning Commission or City Council.
COMMISSION
Erwin
Holmes
Noble
Savary
Schlehi
Schramr
February 5, 1992 PLANNING COMMISSION Page 9
Jeff Gibson, Associate Planner, reviewed the background of
the request and stated that this zone code amendment would
allow City staff to initiate amendments to Title 21 of the
Carlsbad Municipal Code without the requirement for a
resolution of intention from the Planning Commission or City
Council. ZCA 91-7 would save the City time and expense by
allowing staff to initiate the many llhausekeeping" type
changes without a requirement for the time consuming
resolution of intention process on each proposed amendment.
All staff proposed amendments to Title 21 would still be
reviewed by the Planning Commission at a public hearing and
approved by the City Council. Staff recommends approval.
Chairman Erwin opened the public testimony and issued the
invitation to speak.
There being no persons desiring to address the Commission on
this topic, Chairman Erwin declared the public testimony
closed and opened the item for discussion among the
Commission members.
Commissioner Schlehuber stated that he has confidence in the
staff position.
Commissioner Noble noted that one of the City Council's
goals for 1992 is to reduce paperwork and speed up the
process of getting City projects started on a timely basis.
He concurs with the staff recommendation.
Motion was duly made, seconded, and carried to adopt
Planning Commission Resolution No. 3330, recommending
approval of the Negative Declaration issued by the
Planning Director, and adopt Planning Commission
Resolution NO. 3331, recommending approval of ZCA 91-7,
based on the findings and subject to the conditions
contained therein.
CONTI' UED DISCUSSION ITEM:
AREA OVERLAY - A discussion regarding the
desir ility of extending the Beach Area Overlay Zone F over pr erty west of 1-5 to the southern City limit.
Gary Wayne, Assi tant Planning Director, stated that this
discussion item ha been requested by Commissioner Savary.
He gave a short his ry of the Beach Overlay Zone and stated
that it was created k, b ause there were insufficient land use
controls to restrict ex ssive development along the beach
corridor. Mr. Wayne disc ssed the current zoning south of
the existing beach overlay \ rea and stated that he feels
there are now adequate contro s in place. Therefore, staff
does not recommend extending t Beach Overlay Zone farther
B \ \ south.
Commissioner Schlehuber inquired if taff feels there are
enough existing standards to control d velopment in the
southern portion of the beach corridor. Mr. Wayne replied
to the affirmative.
Commissioner Schlehuber inquired about the pr posed hotel at
Palomar Airport Road and Carlsbad Boulevard. Mr,. Wayne
replied that zoning for that parcel is CT-Q which equires
discretionary approval by the Planning Commission.
Commissioner Savary inquired about the remaining sites'-louth
Of Palomar Airport Road.
governed by strict land use controls.
"\.,
Mr. Wayne replied that they ark
COMMlSSlOh
Erwin
Xo lmes
Noble
Savary
Schlehu
Schrm
W 0
NOTICE OF PUBLIC HEARING
ZCA 91-7
PLANNING DIRECTOR INITIATED AMENDMENTS TO TITLE 21
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
a public hearing at the City Council Chambers, 1200 Carlsbad Village D Carlsbad, California, at 6:OO P.M., on Tuesday, April 14, 1992, to cons approval of a Negative Declaration and approval of a requested amendment to T 21, Chapter 21.52 of the Carlsbad Municipal Code, to allow city staf initiate amendments to Title 21 without the requirement of a Resolutio Intention from the Planning Commission or City Council.
If you have any questions regarding this matter, please call Jeff Gibson ir Planning Department, at 438-1161, ext. 4455.
If you challenge the Zone Code Amendment in court, you may be 1 imited to ra; only those issues raised by you or someone else at the public hearing descr
City Clerk's Office at or prior to the public hearing.
APPLICANT: City of Carlsbad PUBLISH: April 2, 1992 CARLSBAD CITY COUNCIL
in this notice, or in written correspondence delivered to the City of Carl
rn 0
(Form A
TO: CITY CLERK'S OFFICE
FROM: PLAN N I N G D E:P ART M E N T
RE: PUBLIC HEARING REQUEST
- Attached are the materials necessary for you to notice
AMENDMENT TO TITLE 21 - PLANNING DIRECTOR INITIATED AM
TO TITLE 21 --- ZCA 91-7 for a public hearing before the City Council.
I
Please notice the item for the council meeting of
Thank you.
MARTY ORENYAK 3/19/92
Assistant City Manager Dal
W ' NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad wil
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (former1
Avenue), Carlsbad, California, at 6:OO p.m. on Wednesday, February 5, 1992, to co
a request for recommendation of approval for a Negative Declaration, and an amenc
to Title 21 of the Carlsbad Municipal Code, Chapter 21.52, allowing City staff to i~
amendments to Title 21 without the requirement of a resolution of intention fro
Planning Commission or City Council.
Those persons wishing to speak on this proposal are cordially invited to attend the
hearing. Copies of the staff report will be available on and after January 29,1992.
have any questions, please call Jeff Gibson in the Planning Department at 438-116
4455.
If you challenge the Zone Code Amendment in court, you may be limited to raisin
those issues you or someone else raised at the public hearing described in this noticc
written correspondence delivered to the City of Carlsbad at or prior to the public ht
CASE FILE: ZCA 91-7
APPLICANT: STAFF INITIATED AMENDMENTS TO TITLE 21
PUBLISH: JANUARY 23, 1992
CITY OF CARLSBAD
PLANNING COMMISSION
(
JG:h
0 Carlsbad Journal
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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 e
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of gene]
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in any supplement thereof
ing dates, to-wit:
NOTICE OF PUBLIC HEARING
TO TITLE 21
NOTICE IS HEREBY GIVEN that
ZCA 91 7 PLANNING DIRECTOR INITIATED AMENDMENTS
theCityCounciloftheCity ofCarls bad will hold a public hearing at the City Council Chambers 1200 Carlshad Village Drive. Carlsbad, California, at 6 00 P MI on Tuesday April 14,1992 to consider approval of a Negative Declaration and approval of a requested amend- ment to Title 21, Chapter 21 52 of the Carlsbad Municipal Code, to allow city staff to initiate amend ments to Title 21 without the re quirement of a Resolution of Inten- tion from the Planning Commission or City Council Ifyou have any questions regard- ing this matter, please call Jeff Gib- son in the Planning Department, at
If you challenge the Zone Code
limited to raising only those issues
public hearing described in this notice, or in written correspond- ence delivered to the City of Carls- bad City Clerk s Office at or prior to the public hearing Applicant City of Carlsbad
a6739 April2 3992
Apri 1 02
4381161, ext 4455
Amendment in court, you may be
raisedhyyou or someone else at the
I certify under penalty of I
foregoing is true and corre
Carlsbad, County of San I
California on thp
day of Apri 1
,A , j
CARLSBAD CITY COUNCIL
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