HomeMy WebLinkAbout1995-11-21; City Council; 13404; Village Master Plan & Design Manual1) A.
CITY COUNCIL i-
AND
HOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILLm
AB# r3,qoY
MTG. 11/21/95
DEPT. H/RED
TITLE: DEPT. HD. a
LCPA 95101ZCA 95lO/MCA95-01 - NEW VILLAGE
REDEVELOPMENT MASTER PLAN AND DESIGN MANUAL, NEW
HOUSING AND REDEVELOPMENT COMMISSION POLICIES AND
PROCEDURES MANUAL, AND AMENDMENTS TO IMPLEMENTING
ORDINANCES.
RECOMMENDED ACTION:
1. That the Housing and Redevelopment Commission ADOPT Resolution No. & 3 1
APPROVING LCPA 95-10 amending the Village Redevelopment Local Coastal Program to repeal the
Village Design Manual (dated 1988) and adopt a new Village Redevelopment Master Plan and Design
Manual and a new Housing and Redevelopment Commission Policies and Procedures Manual.
2. That the City Council APPROVE LCPA 95-10 by INTRODUCING Ordinance No. A/S-3344PPROVING
ZCA 95-10 AND MCA 95-01.
ITEM EXPLANATION:
Since October, 1991, Housing and Redevelopment Staff has been working with a private Consultant Team
led by Cannon Design Group, a Master Plan Advisory Committee, other City Departments and a variety
of Carlsbad Village Community Members to develop a Master Plan and new Village Design Manual for
the Village Redevelopment Area. This work has resulted in the preparation of two (2) documents which
are entitled the Village Redevelopment Master Plan and Design Manual and the Housing and
Redevelopment Commission Policy and Procedures Manual. Chapters 2.24,2.26,21.35,21.41 and 21.81
of the Carlsbad Municipal Code were also either revised or rewritten to ensure implementation consistency
with the new standards, policies and procedures set forth within the new subject documents. Changes to
these Chapters of the Carlsbad Municipal Code are set forth within a Master Ordinance which must be
approved by the City Council in order to implement the new Village Master Plan and Design Manual and
the new Housing and Redevelopment Commission Policies and Procedures Manual.
On October 4, 1995 and November 1, 1995, the Design Review Board and the Planning Commission held
joint public hearings to consider the various actions required to implement the new Village Master Plan
and Design Manual and Housing and Redevelopment Commission Policies and Procedures within the
Village Redevelopment Area. The Board and Commission took action on November 1, 1995 to approve
the new Master Plan and Design Manual, Housing and Redevelopment Commission Policies and
Procedures Manual, and the implementing ordinance(s) with some recommended amendments. The
amendments recommended by the Board and Commission are outlined in the attached staff report (Exhibit
4). The staff report provides a comprehensive overview of the various issues raised by the public and the
Board/Commission during the noted public hearings.
Although a number of issues were raised and discussed, members of the public and the Board and
Commission generally expressed support for all of the new documents. The Board and Commission
expressed appreciation to the Master Plan Advisory Committee for its commitment to the project.
Ultimately, the amendments to the subject documents recommended by the Board and the Commission
were reduced to four basic areas: 1) height limits; 2) Design Review Board Membership/Composition
and Term; 3) sidewalk vendors; and 4) sidewalk signs. Exhibit 3 of this report provides a one page
summary of the outstanding issues. These issues require final resolution by action of the City Council
and the Housing and Redevelopment Commission. Staff requests direction from the Council and
Commission on each of the amendments recommended by the Design Review Board and Planning
Commission. The recommendations outlined within the draft Master Plan and Design Manual, Policies and
Procedures Manual and/or ordinances are identified together with the recommendations from the Board
Page 2 of Agenda Bill G. j 2 q” 4
A.
and Commission. Staff has also provided information within the Exhibit which indicates if staff supports
the recommended amendment.
The new documents together with the revised ordinances and the existing Carlsbad Redevelopment Plan
represent the Local Coastal Program for the Village Redevelopment Area. The California Coastal
Commission will ultimately need to certify the documents prior to implementation within the Coastal Zone
boundaries of the Village Redevelopment Area. Upon approval by the Housing and Redevelopment
Commission and City Council, a formal application will be submitted to the Coastal Commission for action.
ENVIRONMENTAL REVIEW
The Planning Department completed the environmental review of the subject Village Master Plan and
Design Manual, the Housing and Redevelopment Commission Policies and Procedures Manual and the
implementing ordinances pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review,
a Negative Declaration was issued for the project by the Planning Director on or before September 29,
1995 and made available for public review. No comments were received during the public review period.
Adoption of Design Review Board No. 239 and Planning Commission Resolution No. 3824 approved the
Negative Declaration for this project on November 1, 1995.
COASTAL COMMISSION PUBLIC REVIEW PERIOD
The Coastal Commission requires a six week public review period on all proposed Local Coastal Program
amendments. This required review period was held from October 8, 1995 to November 20, 1995.
Comments received from the general public as of November 1, 1995 on the proposed Village Master Plan
and Design Manual, Housing and Redevelopment Commission Policies and Procedures Manual and the
implementing ordinance(s) amendments have been considered by staff, the Design Review Board and
the Planning Commission in the final recommendations submitted to the City Council and Housing and
Redevelopment Commission. No additional comments have been submitted to staff on the Local Coastal
Program amendment since the November 1, 1995 public hearing before the Planning Commission and
Design Review Board.
FISCAL IMPACT:
The Consultant Costs related to development of the subject documents amounted to approximately
$169,400; this contract was funded with Redevelopment Tax Increment Funds, some Affordable Housing
Funds and a small percentage of federal Community Development Block Grant (CDBG) Administrative
Funds. An additional $25,000 in new redevelopment bond proceeds were appropriated to the Master Plan
project by the Housing and Redevelopment Commission to fund final production and presentation of the
related documents to the general public. Other than City staff time, there will be no additional costs related
to final preparation of the subject documents which have not already been funded.
Funding which may be required for the various programs, activities and projects identified within the new
documents will be addressed separately within the annual city budget and/or within the Carlsbad
Redevelopment Agency’s Five Year Implementation Plan.
EXHIBITS:
1. City Council Ordinance No. N S - 3 30
2. Housing and Redevelopment Commission Resolution No. a? 1
3. Summary of Design Review Board and Planning Commission proposed amendments.
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Page 3 of Agenda Bib 140. @ %d
EXHIBITS (CONT):
4. Staff Report on the issues raised during the public hearings on the new Village Redevelopment
Master Plan and Design Manual, Housing and Redevelopment Commission Policies and Procedures
Manual and the implementing ordinances.
5. Design Review Board Resolution No. 239 and Planning Commission Resolution No. 3824 approving
the Negative Declaration for the subject project.
6. Final Draft of new Village Redevelopment Master Plan and Design Manual, dated October 4, 1995
(on file in the City Clerk’s Office).
7. Final Draft of new Housing and Redevelopment Commission Policies and Procedures Manual dated
October 4, 1995 (on file in the City Clerk’s Office).
8. Legislative Drafts of revised Chapters 2.24, 2.26, 21.35, 21.41 and 21.81 of the Carlsbad Municipal
Code, dated October 4, 1995 (on file in the City Clerk’s Office).
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-“‘ EXHIBIT 1
ORDINANCE (NO. NS-330 EXHIBIT “C”
OCTOBER 4,1995
(Revised)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2 AND TITLE 21,
CHAPTERS 2.24, 2.26, 21.35, 21.41 AND 21.81 OF THE CARLSBAD
MUNICIPAL CODE TO ENSURE CONSISTENCY WITH THE NEW
VILLAGE MASTER PLAN AND DESIGN MANUAL TO BE ADOPTED
BY THE CITY OF CARLSBAD.
CASE NAME: Village Master Plan and Design Manual
CASE NO: ZCA 95-1 O/MCA95-01
The City Council of the City of Carlsbad, California, does ordain as
follows:
Section 1: That Title 2, Chapter 2.24, Section 2.24.080 is amended to read
as follows:
“Whenever in Title 21 it is 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 21.35120, then the
Design Review Board shall be the Planning Commission with respect to such
project or permit.”
Section 2: That Title 2, Chapter 2.26, Section 2.26.020 is amended to
read as follows:
“The Design Review Board shall consist of five members appointed by
the City Council, two (2) members of the Planning Commission; two (2)
representatives of the village redevelopment area - one Village property owner
and one Village business owner; and one (1) general member with experience
in one or more of the following areas: development, construction, real estate,
planning or architecture. All members of the Design Review Board must also
be residents of the City. The member shall be appointed by the Mayor and
confirmed by the City Council. The Community Development Director, the
Planning Director, the Housing and Redevelopment Director and the City
Attorney shall be ex officio members of the Board. No ex officio members shall
be entitled to vote.”
“After the initial term, the members shall serve four-year terms; and each
member shall serve until their successor is duly appointed and qualified. The
initial members of the Board shall serve staggered terms as follows:
. . . .
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1. One Planning Commission member shall serve for a period of two years;
2. One Representative of the Village Redevelopment Area shall serve for a
period of three years; ,
3. One Planning Commission member shall serve for a period of four
Yea=;
4. Two Representatives of the Village Redevelopment Area shall serve for a
period of four years.
Members shall serve without compensation. Members of the Board may
be removed by the Mayor with the consent of the City Council.
Section 3: That Title 2, Chapter 2.26, Section 2.26.050 is amended to
read as follows:
“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 2.24.080 of this code.”
Section 4: That the existing Chapter 21.35 is hereby repealed and the
new Chapter 21.35 is hereby adopted to read as follows:
“Chapter 21.35
V-R VILLAGE REDEVELOPMENT ZONE
Sections:
21.35.010
21.35020
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-l 15
21.35.117
21.35.120
21.35.130
21.35.140
21.35.150
Intent and Purpose
Incorporation of Redevelopment Plan and Village Master Plan and
Design Manual by reference.
Land affected by this chapter.
Permitted uses.
Provisional Uses.
General Regulations.
Redevelopment permit.
Redevelopment projects.
Permit application.
Director action
Design Review Board action.
Appeal to Housing and Redevelopment Commission.
Housing and Redevelopment Commission action.
Notlce of Public Hearings
Consolidation of other permit requirements.
Variances.
Compliance with other provisions of this code.
Amendments.
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1 21.35.010 Intent and purpose.
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The Village redevelopment zone is intended to establish land use classifications and
develop standards and procedures for that area of the city described in the Carfsbad
Village Area Redevelopment Plan, as adopted by Cii 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 Master Plan and Design
Manual adopted pursuant to the Redevelopment Plan as the zoning for the area
designated.
21.35.020 Incorporation of Redevelopment Plan and Village Master Plan and
Design Manual by reference.
The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council
Ordinance No. 9591 and the Village Master Plan and Design Manual as adopted by
Carl&ad Housing and Redevelopment Commission Resolution No. $$$$@ are hereby w:.: 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 boundaries of the Carlsbad
village area, the boundaries 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 Master Plan and Design Manual as permitted uses for particular property in the
Village Redevelopment Area shall be permitted.
21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad Village Area Redevelopment Plan
and the Village Master Plan and 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 Master Plan and 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.
21.35.070 Redevelopment permit.
Unless otherwise determined to be an exempt project pursuant to Section 21.35080,
no development shall occur in the area subject to this chapter without a
redevelopment permit.
P
1 21.35.080 Redevelopment projects.
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(a) Exempt project. No redevelopment permit shall be required for an exempt
project, 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
other discretionary approvals, except an administrative variance within the authority of
either the Director of Planning or the Housing and Redevelopment Director.
There are three types of redevelopment permits required for non-exempt projects, One
permit for each type of redevelopment project described as follows:
(b) Administrative Redevelopment Project. An administrative redevelopment project
is one which involves development with an estimated permit value of less than
$60,000, and requires no other discretionary approvals, except an administrative
variance within the authority of either the Director of planning or the Director,
including, but not limited to:
(1) New construction of building(s) or addition(s) to the building footprint; and/or
(2) Interior or Exterior Improvements to existing structures which result in an
intensity of use; and/or
(3) Provisional Land Uses, where a minor or major redevelopment permit is not
required; and/or
(4 Changes in permitted land uses which result in site changes, increased ADT,
increased parking requirements, or resuft in compatibility issues/problems; and/or
(5) Signs for existing businesses or facilities; and/or
(6) Repair or Maintenance Activities which are not exempt projects...
(c) Minor Redevelopment Project. A minor redevelopment project is one which
does not qualify as an Administrative Redevelopment Project and involves
development with an estimated permit value of !§60,000 or more but less than
$150,000.
(4 Major Redevelopment Project. A major redevelopment project is one which
involves development with an estimated permit value of $150,000 or more.
21.35.085 Permit Application
(a) An application for a redevelopment permit for a non-exempt 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 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 case infringe upon the free exercise of the powers vested in the city as
represented by the Design Review Board and the Housing and Redevelopment
Commission.
(cl 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
appropriate fee or fees have been paid.
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21.35.090 Housing and Redevelopment Director action.
(a) After the application has been accepted as complete the Director shall
determine if 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
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 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 heatth, safety and welfare.
The Director shall inform the applicant whether the project is exempt within 10
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
resolution process as provided in section 21.81.050).
The Director shall maintain a record of all determinations made on projects
exempt 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, and a brief description of the project. The record shall also include the reason
for exemption.
04 The Director may approve, conditionally approve or deny administrative
redevelopment permits as defined in Section 21.35.080, subject to appeal to the
Design Review Board.
(4 After all necessary reports and recommendations have been received the
Director shall transmit the application for a minor or major redevelopment permit
together with the reports and the recommendations of the appropriate departments to
the Design Review Board for a public hearing.
(4 The Director shall transmit to the Design Review Board all timely appeals on
administrative permits and administrative variances.
63 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
with the procedures provided in Chapter 21.51 of this code, except that the Director
and the Design Review Board shall serve as the appropriate approving bodies for
projects within the Village Redevelopment Area. If the project includes other
discretionary approvals outside the Director’s authority, the Director shall set the
consolidated project for public hearing by the Design Review Board.
(t) The Director’s decision or determination shall be made in writing. The date of
the decision shall be the date the writing containing the decision or determination is
mailed or otherwise delivered to the person or persons affected by the decision or
determination.
~ 21.35.100 Design Review Board action.
(a) The Design Review Board shall hold a public hearing on:
(1) appeals of decisions made by the Director on administrative redevelopment
permits as defined in Section 21.35.080 or administrative variances.
(2) minor or major redevelopment permits and
(3) non-administrative variances for which the Board has final decision making
authority pursuant to Section 21.35.130(b). .
. . . .
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(4 The decision of the Board shall be made in writing. The date of the decision
shall be the date the writing containing the decision or determination is mailed or
otherwise delivered to the person or persons affected by the decision or
determination.
(c) Except for reports and recommendations on Major Redevelopment Permits and
decisions on appeals of Director decisions, all Board decisions may be appealed to
the Housing and Redevelopment Commission.
(4 For major redevelopment projects, the Board shall consider the evidence and
by resolution report and recommend to the Housing and Redevelopment Commission
approval, conditional approval, 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 consistent with this chapter. The action to
approve, conditionally approve or deny is advisory to the Commission and the City
Clerk shall set the matters to public hearing before the Commission within thirty days
after adoption of the resolution.
21.35.110 Appeal to Housing and Redevelopment Commission
Except as provided in Section 21.35.100(c), the action of the Design Review Board is
final and effective ten calendar days after the adoption of the resolution of decision
unless an interested person appeals a Design Review Board decision on a minor
project or non-administrative variance or by filing a written appeal with the City Clerk
within such ten-day period.
An individual member of the Housing and Redevelopment Commission can be an
interested person for the purposes of appeal. The wriien appeal shall specifically state
the reason or reasons for the appeal and the manner in which the decision of the
Design Review Board is in error. The decision of the Design Review Board shall be
affirmed by the Housing and Redevelopment Commission unless the appellant shows
by a preponderance of the evidence that the decision of the Design Review Board is in
error, inconsistent with state law, the Carlsbad Village Redevelopment Plan, the
General Plan or any applicable specific plan, master plan, zoning ordinance or policy
of the City or Housing and Redevelopment Commission. The filing of an appeal shall
stay the effective date of the Design Review Board decision until such time as the
Housing and Redevelopment Commission has acted on the appeal.
Fees for filing an appeal under this section shall be established by resolution of the
City Council.
21.35.115 Housing and Redevelopment Commission action.
The Housing and Redevelopment Commission shall hold a public hearing on:
(a) any major redevelopment permit for which the Design Review Board has filed a
report and recommendation with the City Clerk; or
(b) any other matter made appealable to the Commission by this Chapter and
which has been timely appealed.
21.35.117 Notice of Public Hearings
Notice of any public hearing required by this Chapter shall be given as provided in
Section 21.54.060(l) of this code.
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21.35.120 Consolidation of other permits and discretionary approvals;
Findings requirements.
(4 Whenever a project would require a permit or approval under the provisions of
this title, notwithstanding 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 Director, 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.
(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 Design Review Board with regard to determinations
other than exemptions.
(cl If the project includes permits or other discretionary approvals outside the
Director’s administrative permit or administrative variance authority, the administrative
permit and/or administrative variance aspects shall be consolidated with the other
matters and submitted to the Design Review Board.
(a No variance, determination of exemption or administrative, minor or major
redevelopment 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
conditionally approved is consistent with this code, the general plan, the Carlsbad
Village Area Redevelopment Plan and the Village Master Plan and Design Manual.
21.35130 Variances.
(a) The Housing and Redevelopment Commission may grant variances from the
limits, restrictions and controls established by this chapter for major redevelopment
permits if the Commission finds that:
(1) The application of certain provisions of this chapter will result in practical
difficufties or unnecessary hardships which would make development inconsistent with
the general purpose and intent of the Carlsbad Village Area Redevelopment Plan;
(2) 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:
(3) The granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area; and
(4 The granting of an variance will not contradict the standards established in the
Village Master Plan and Design Manual. An application for exemption shall be
processed in the same manner established by this chapter for a redevelopment
permit. In granting a variance, the Housing and Redevelopment Commission may
impose such conditions as are necessary to protect the public health, safety and
welfare.
(b) The Design Review Board may grant variances from the limits, restrictions and
controls established by this chapter for minor redevelopment projects (or otherwise
administrative projects consolidated or on appeal from a Director decision), if the
Board makes the variance findings set forth above.
(c) The Director may grant administrative variances in accordance with Section
21.35.090(e), if the Director makes the findings set forth above.
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21.35.140 Compliance with other provisions of the code.
Projects developed pursuant to this chapter shall be subject to the provisions of the
Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design
Manual and all other applicable provisions of the Carfsbad Municipal Code, including
but not limited to those provisions of Tiles 18, 19 and 20.
21.35.150 Amendments.
Amendments to the Carlsbad Village Area Redevelopment Plan or 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 of this code. Amendment of the
Village Master Plan and 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.”
Section 5:
read as follows:
That Title 21, Chapter 21.41, Section 21.41.010(a) is amended to
“(a) The provisions of this chapter shall apply generally to all zones
established by this title, except as provided in Chapter 5 of the Village Master Plan and
Design Manual for the Village Redevelopment Zone.’
Section 6: That the existing Chapter 21.81 is hereby repealed and the new
Chapter 21.81 is hereby adopted to read as follows:
“Chapter 21.81
COASTAL DEVELOPMENT PERMITS -
Village Redevelopment Area
Sections:
21.81 .Ol 0
21.81.020
21.81.030
21.81.035
21.81.040
21.81.050
21.81.055
21.81.060
21.81.070
21.81.080
21.81.090
21.81 .lOO
21.81.116
21.81.115
21.81 .120
Definitions
Permit required.
Development exempt from coastal development permit procedures.
Repair and maintenance activities requiring coastal development
permit.
Application.
Duties of Housing and Redevelopment Director; exemptions;
emergency permits..
Administrative Coastal Development Permits.
Transmittal to Design Review Board.
Design Review Board action.
Appeal of Carlsbad Design Review Board decision.
Housing and Redevelopment Commission action.
Public hearings.
Appeals to Coastal Commission.
Coastal development permits issued by Coastal Commission.
Notice of final local action.
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21.81 .I 30 Effective date of permit.
21.81 .140 Review of recorded documents.
21.81 .I 50 Applications for permits. emergency
21.81 .160 Expiration of coastal permits.
21.81 .165 Amendment to coastal development permit.
21.81.170 Severability.
21.81 .OIO Definitions
(4 Coastal Zone. “Coastal Zone” is defined as that portion of the Carlsbad coastal
zone located within the area of the city described on the Carlsbad Village Area
Redevelopment Plan as adopted by city of Carlsbad Ordinance No. 9591 and shown
on the map entitled Village Redevelopment Area segment of the Carlsbad coastal
zone dated December 19, 1983 and on file in the land use planning office.
04 Coastal Commission. ‘Coastal Commission” means the California Coastal
Commission.
(c) Development. “Development” means on land, in or under water, the placement
or erection of any solid material or structure; discharge or disposal of any dredged
material or of any gaseous, liquid, solid, or thermal waster; grading, removing,
dredging, mining, or extraction of any materials; change in the density or intensity of
use of land, including but not limited to, subdivision pursuant to the Subdivision Map
Act and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of access thereto;
construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of private, public, or municipal utility, and the removal or
harvesting of major vegetation other than for agricuftural purposes, kelp harvesting,
and timber operations which are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973
(commencing with Section 4511). As used in this section, “structure” includes, but is
not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
line, and electric power transmission and distribution line.
(4 Major Energy Facility. “Major energy facility’ means any energy facility as
defined by Public Resources Code Section 30107 and exceeding one hundred
thousand dollars in estimated cost of construction.
@I Major Public Works project. “Major public works project” means any public
works project as defined by Title 14 California Code of Regulations Section 13012 and
exceeding one hundred thousand dollars in estimated cost of construction.
21.81.020 Permit required.
Unless a development is exempt from coastal development permit procedures
pursuant to Section 21.81.030, no development shall occur in the coastal zone without
a permit having first been issued according to the provisions of this chapter.
21.81.030 Development exempt from coastal development permit procedures.
Categorical Exclusions.
A permit issued for a development which is categorically excluded from the
coastal development permit requirements pursuant to California Public Resources
Code Section 30610, shall be exempt from the requirement of this chapter.
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(2) The City Council may designate by resolution, after a public hearing, categories
of development which have no potential for any significant adverse effect, either
individually or cumulatively, on coastal resources or on public access to, or along the
coast. Development which has been so designated shall be categorically exempt from
the provisions of this chapter. The designation of any categorical exemption shall not
be effective until the exemption has been approved by the Coastal Commission. The
planning Director shall keep a record of all permits issued for categorically exempt
projects as specified in subsection (a)(l) of this section.
04 Exempt Projects. In addition to those projects categorically excluded pursuant
to subsection (a), the following projects are exempt from the requirements of a coastal
development permit:
(1) Improvements to existing single-family residential building except:
(4 On a beach, wetland or seaward of the mean high tide line where the
residence or proposed improvement would encroach within fiiy feet of the edge of a
coastal bluff.
(B) On property located between the sea and the first public road paralleling the
sea or within 300 feet of the inland extent of any beach or of the mean high tide of the
sea where there is no beach, whichever is the greater distance, or in significant scenic
resources areas as designated by the Commission or regional Commission,
improvement that would result in an increase of 10 percent or more of internal floor
area of an existing structure or an additional improvement of 10 percent or less where
an improvement to the structure had previously been undertaken pursuant to Public
Resources Code Section 10610 (a), or an increase in height by more than 10 percent
of an existing structure and/or any significant non-attached structure such as garages,
fences, shoreline protective works or docks.
(Cl Any significant alteration of land forms including removal or replacement of
vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a
coastal bluff except as provided in subsection (b)(3).
For the purposes of this section an existing single-family residential building
shall include all appurtenances and other accessory structures, including decks,
directly attached to the residence; accessory structures or improvements on the
property normally associated with residences, such as garages, swimming pools,
fences, storage sheds but not including guest houses or self-contained residential
units; landscaping on the lot.
(2) Improvements to existing structures other than a single-family residence or
public works facility except:
(4 On a beach, wetland, stream or lake; seaward of the mean high tide line;
where the structure or improvement would encroach within fifty feet of the edge of the
coastal bluff.
(B) On property located between the sea and the first public road paralleling the
sea or within three hundred feet of the inland extent of any beach or of the mean high
tide of the sea where there is no beach, whichever is the greater distance, any
improvement that would result in an increase of 10 percent or more of internal floor
area of an existing structure or an additional improvement of 10 percent or less where
an improvement to the structure had previously been undertaken pursuant to Public
Resources Code Section 10610 (a), or an increase in height by more than 10 percent
of an existing structure and/or any significant non-attached structure such as garages,
fences, shoreline protective works or docks.
(C) Any improvement which changes the intensity of use of a structure; and
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PI Any significant alteration of land forms including removal or placement of
vegetation on a beach, wetland, or sand dune, or within one hundred feet of the edge
of a coastal bluff or stream except as provided in subsection (b)(3) of this section.
(3) The following improvements are exempt from the requirements of a coastal
permit regardless of location:
(4 landscaping on the lot unless the landscaping could result in erosion or
damage to sensitive habitat areas;
( w Additions resulting in a cumulative increase of less than ten percent of the
internal floor area of an existing structure;
I:;
Repair or maintenance activities not described in Section 21.81.035;
Activities of public utilities as specified in the Repair, Maintenance and Utility
Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and as
modified from time to time.
21.81.035 Repair and maintenance activities requiring a coastal development
permit.
(4 The following repair and maintenance activities require a coastal development
permit because they involve a risk of substantial adverse environmental impact:
(1) Any method of repair or maintenance of a seawall, revetment, bluff retaining
wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
(4 Repair or maintenance involving substantial alteration of the foundation of the
protective work including pilings and other surface or subsurface structures;
(B) The placement, whether temporary or permanent, of rip-rap, artificial berms of
sand or other beach materials, on a beach or in coastal waters, streams, wetlands,
estuaries and lakes or on a shoreline protective work except for agricultural dikes
within enclosed bays or estuaries;
m The replacement of twenty percent or more of the materials of an existing
structure with materials of a different kind; or
P) The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sandy area or bluff or within twenty feet of
coastal waters or streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of one hundred thousand cubic yards or more within a twelve-
month period;
w The placement of dredged spoils of any quantity within an environmentally
sensitive habitat area, on any sand area, within fiiy feet of the edge of a coastal bluff
or environmentally sensitive area, or within twenty feet of coastal waters or streams; or
m The removal, sale or disposal of dredged spoils of any quantity that would be
suitable for beach nourishment in an area the Commission has declared by resolution
to have a critically short sand supply that must be maintained for protection of
structures, coastal access or public recreational use.
(3) Any repair or maintenance to facilities or structures or work located in an
environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a
coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal
waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks,
sand or other beach materials or any other forms of solid materials;
(8) The presence, whether temporary or permanent, of mechanized equipment or
construction materials. All repair and maintenance activities governed by the above
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provisions shall be subject to the permit regulations promulgated pursuant to the
California Coastal Act o 1976, including, but not limited to, the regulations governing
administrative and emergency permits. The provisions of this section shall not be
applicable to those activities specifically described in the document entitled Repair,
Maintenance, and Utility Hook-ups, adopted by the Coastal Commission on
September 5, 1978.
( w Unless destroyed by natural disaster, the replacement of fifty percent or more
of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective
work under one ownership is not repair and maintenance under Section 30610(d) but
instead constitutes a replacement structure requiring a coastal development permit.
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21.81.040 Application.
Application for a coastal development permit shall be made in accordance with the
procedures set forth in this section.
(4 An application for a permit may be made by the record owner or owners of the
property affected or the authorized agent of the owner or owners. The application shall
be filed with the Director upon forms provided by the Director and shall be processed
in accordance with Section 21.54.010 of this Code.
(b) At the time of filing the application the applicant shall pay a processing fee in
an amount specified by City Council resolution.
w 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 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 case infringe upon the free exercise of the powers vested in the city as
represented by the Design Review Board and the Housing and Redevelopment
Commission.
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
appropriate fee or fees have been paid.
&J) Whenever the development would require a permit or approval under the
provisions of this title, notwithstanding this chapter, the application shall include
sufficient information to allow review of such permit or approval. Application for all
permits or approvals under this title and the coastal permit may be consolidated into
one application.
@I The Director may require that the application contain a description of the
feasible alternatives to the development or mitigation measures which will be
incorporated into the development to substantially lessen any significant effect on the
environment which may be caused by the development.
21.81.050 Duties of Housing and Redevelopment Director; exemptions;
emergency permits.
(4 After the application has been accepted as complete the Director shall
determine if the project is exempt from the requirements of this chapter pursuant to
Section 21.81.030. No permit shall be required for a project which is exempt from the
requirements of this chapter.
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The Director shall maintain a record of all determinations made on projects
exempt from the requirements of this chapter. The records shall include the applicant’s
name, an indication that the project is located in the coastal zone, the location of the
project, and a brief description of the project. The record shall also include the reason
for exemption.
The Director shall determine the exemption based on the certified Local
Coastal Program, including maps, categorical exclusions and other exemptions, land
use designations and zoning ordinances.
The Director shall inform the applicant whether the project is exempt (and
whether in the “appealable area”, if not exempt) within 10 calendar days of the
determination that the application is complete. The wriien notice to the applicant shall
include advice that, if dissatisfied with the determination, the applicant (or Director) can
request the opinion of the Coastal Commission’s Executive Director in accordance with
14 Code of California Regulations section 13569.
(b) The Director may issue emergency permits in accordance with section
21.81.150.
21.81.055 Administrative Coastal Development Permits
(a) The Director may issue all coastal development permits related to
administrative redevelopment permits and administrative variances as defined in
Sections 21.35070 and 21.35.090(e)of this Code, The coastal development permit
shall be processed concurrently with the administrative redevelopment permit. If the
project includes permits or other discretionary approvals outside the Director’s
administrative permit authority, the administrative permit aspects shall be consolidated
with the other matters and submitted to the Design Review Board in accordance with
section 21.81.060.
(b) If the project is in the non-appealable area of the coastal zone, the Director
shall give notice of pending development approval in writing, within 10 calendar days
after the application is complete, as follows:
(1) Contents. The notice shall include all the matters required by 14 Code of
California Regulations Section 13568 (b), including statement of a public comment
period of at least 10 calendar days sufficient to receive and consider comments
submitted by mail prior to the date established for the decision.
(2) Recipients. The notice shall be sent by first class mail to:
(A) Any person requesting to be on the mailing list for the project or for
coastal decisions; and
(8) All property owners and residents within 100 feet of the project
perimeter; and
(C) the Coastal Commission.
(4 The Director may approve, approve with conditions, or deny the permit. The
decision shall be based upon the requirements of, and shall include specific factual
findings supporting whether the project is or is not in conformity with, the certified
Local Coastal Program (and, if applicable, with the public access and recreation
policies of Chapter 3 of the Coastal Act ).
(d) The Director’s decision shall be the final local action and shall be made in
writing. The date of the decision shall be the date the writing containing the decision
or determination is mailed or otherwise delivered to the person or persons affected by
the decision or determination. The Director shall give notice of the final local decision
in accordance with Section 21.81.120 of this code.
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04 The Director’s decision is final unless the decision is appealed by an intere,sted
person to the Design Review Board. An individual member of the Housing and
Redevelopment Commission can be an interested person. The written appeal shall
specifically state the reason or reasons for the appeal and the manner in which the
decision of the Director is in error. The decision of the Director shall be affirmed by
the Design Review Board unless the appellant shows by a preponderance of the
evidence that the decision of the Director is in error, inconsistent with state law, the
General Plan or the Redevelopment Area plan, Village Master Plan and Design
Manual, this zoning ordinance or any policy of the Housing and Redevelopment
Commission or the City. The appeal shall be filed in writing with the secretary of the
Design Review Board within ten calendar days after the date of the Director’s decision.
The decision by the Design Review Board on all appeals of the Director’s decision
shall be final. The Director shall give notice of final local decision on the appeal in
accordance with section 21.81.120.
I(f) If the project is within the appealable area of the coastal zone, the Director
shall give notice of a public hearing to be held before the Director to consider said
application in accordance with section 21.81.100. The notice shall contain the matters
and be mailed at the time and in the manner required by 14 CCR section 13565. The
Director shall conduct the public hearing generally in the same manner as a public
hearing before the Design Review Board.
Following the public hearing before the Director, the Director shall issue a
written notice of the decision in the same manner and to the same persons as for a
non-appealable area decision set forth in subsections (c) and (d), above. The
Director’s decision may be appealed in wriiing to the Design Review Board in the
same manner as for non-appealable area decision set forth in subsection (e) above.
The Director shall give notice of the final local decision in accordance with 21.81.120.
(8) If the project does not qualify for an exemption, an administrative permit or an
emergency permit then the Director shall set the matter for a public hearing betore the
Design Review Board. The coastal permit may be set for hearing concurrently with any
other discretionary permit or approval for the project.
21.81.060 Transmittal to Design Review Board.
Unless the development is exempt, qualifies for an emergency permit, or qualifies for
an administrative redevelopment/coastal development permit, the Director shall
transmit the application, together with a recommendation thereon, to the Design
Review Board and give notice for public hearing thereon in accordance with sections
21.54.060(l), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and
processes have been completed. An application for a coastal permit may be
considered in conjunction with any other discretionary permit or approval required for
the project.
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21.81.070 Design Review Board action.
After a public hearing the Design Review Board may approve, conditionally approve or
deny the application, unless the application includes a Major Redevelopment Permit. If
the application includes a Major Redevelopment Permit, the Board’s action shall be a
recommendation to the Housing and Redevelopment Commission. No
recommendation for approval, approval or conditional approval shall be given unless
the Design Review Board finds that the development is consistent with the provisions
of the local coastal program for the coastal zone and, if applicable, in conformity with
the public access and public recreation policies of Chapter 3 of the California Coastal
Act.
21.81 .oao Appeal of Carlsbad Design Review Board decision.
(a) The action of the Design Review Board is final and effective ten calendar days
after the adoption of the resolution of decision unless the applicant or any other
interested person files a written appeal within that time with the Secretary to the
Housing and Redevelopment Commission. An individual member of the Housing and
Redevelopment Commission can be an interested person. The written appeal shall
specifically state the reason or reasons for the appeal and the manner in which the
decision of the Design Review Board is in error. The decision of the Design Review
Board shall be affirmed by the Housing and Redevelopment Commission unless the
appellant shows by a preponderance of the evidence that the decision of the Design
Review Board is in error, inconsistent with state law, the Village Redevelopment Area
Local Coastal Program, the General Plan or any applicable specific plan, master plan,
zoning ordinance or policy of the City.
Upon the filing of an appeal, the City Clerk shall set the matter
for public hearing. Such hearing shall be held within thirty days after the date of filing
the appeal. Within ten calendar days following the conclusion of the hearing, the
Housing and Redevelopment Commission shall render its decision on the appeal. The
decision of the Housing and Redevelopment Commission is final.
(b) The decision of the Housing and Redevelopment Commission shall be
consistent with the provisions of this chapter and shall be supported by appropriate
findings.
@I If the development for which a coastal development permit also requires other
discretionary permits or approvals for which the Design Review Board is not given final
approval authority then the Design Review Board action on the coastal development
permit shall be deemed a recommendation to the Housing and Redevelopment
Commission.
21 .ai.o90 Housing and Redevelopment Commission action.
If the application for the coastal development permit is for a Major
Redevelopment/Coastal Development, is consolidated with other discretionary permits
or approvals, pursuant to this code for which the Design Review Board does not have
final approval authority, or is a timely appeal, the Housing and Redevelopment
Commission shall hold a public hearing on the coastal development permit
application. At the public hearing, the Housing and Redevelopment Commission shall
consider the Design Review Board’s action or recommendation, shall consider the
evidence presented at the public hearing, review the matter, and shall approve,
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conditionally approve or disapprove the coastal development permit, approval or
appeal. No approval or conditional approval shall be given unless the Housing and
Redevelopment Commission finds that the development is consistent with the
provisions of the Carlsbad Village Area Redevelopment Plan and the Village Master
Plan and Design Manual as certified by the Coastal Commission and which constitute
the local coastal program, and, if applicable, with the public access and recreation
policies of Chapter 3 of the Coastal Act. The decision of the Housing and
Redevelopment Commission is final.
21.81 .lOO Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be
given as provided in Sections 21.54.060(l) and 21.54.061 of this code. When the
hearing on a coastal development permit is consolidated with the hearing on a
tentative map, notice shall satisfy the requirements of both this chapter and Tile 20 of
this code.
21.81.110 Appeals to Coastal Commission
(a) The following developments, due to their type or location, are within the appeal
jurisdiction of the Coastal Commission. Only decisions approving a coastal
development permit for these developments are appealable to the Coastal
Commission, unless otherwise noted. Exhaustion of all local appeals must occur
before an application may be appealed to the Commission. Areas subject to appeal
jurisdiction are shown on the Post LCP Certification Map which is on file in the
planning department.
(1) Developments on property located between the sea and the first public road
paralleling the sea or within three hundred feet of the inland extent of any beach or of
the mean high tide of the sea where there is no beach, whichever is the greater
distance.
(2) Developments on property located within three hundred feet of the top of the
seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary
or stream.
(3) Any decision approving or denying a development which constitutes a major
public works project or a major energy facility.
(b) The appeal shall be filed at the local district office not later than twenty working
days after the date of the receipt of the noticed final local action by that district office.
No city permit shall be issued or deemed approved until an appeal, if any, to the
Coastal Commission has been resolved.
03 Nonappealable Development. Decisions on applications for developments
which are not of the type described above are not appealable to the Coastal
Commission. Decisions denying any Coastal Act permit for an appealable
development described above are not appealable to the Coastal Commission with the
exception of decisions on major public works projects and major energy facilities.
21.81.115 Coastal development permits issued by the Coastal Commission.
The Coastal Commission shall have original jurisdiction for all coastal development
permits for development on tidelands, submerged lands and public trust lands,
whether filled or unfilled. Such lands are specified as the area of ‘original jurisdiction”
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of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and
are shown on the Post LCP Certification Map which is on file in the planning
department. The applicant for any project which requires a coastal development
permit issued by the Coastal Commission shall obtain discretionary approvals required
by this code prior to filing an application with the Coastal Commission for said coastal
development permit.
21.81.120 Notice of final local action.
Within seven working days of a final local action on an application for any coastal
development, or any approval which occurs by operation of law, the Director shall
provide notice of the action by first class mail to the Coastal Commission and to any
persons who specifically requested notice of such final action by submitting an
addressed, stamped envelope to the city. Such notice shall include any conditions of
approval and wriien findings and, if the matter is appealable to the Coastal
Commission, procedures for appeal of the local action to the Coastal Commission.
21.81 .I 30 Effective date of permit.
Coastal development permits for projects which are not appealable to the Coastal
Commission shall be valid upon the mailing of the notice of final local action unless
the notice of final local action does not comply with the requirements of Section
21.81 .120. Coastal development permits for projects which are appealable to the
Coastal Commission shall be valid upon the expiration of twenty working days from
the date of receipt at the local district office of the notice of final local action provided
that the notice complies with the requirements of Section 21.81.120 and, further
provided, that an appeal of the decision has not been filed with the Coastal
Commission.
21.81.140 Review of recorded documents.
04 All coastal development permits subject to conditions that require the
recordation of deed restrictions, offers to dedicate or agreements imposing restrictions
on real property shall not be effective until completion of the following procedures:
(1) The City Council shall review, revise if necessary, and accept the easement or
land.
;:;
The Ciiy Clerk shall record the requisite legal documents.
The City Clerk, upon recordation of the documents, shall forward a copy of the
permit conditions, findings of approval, the legal documents pertaining to the public
access and open space conditions, and a statement as to which private association,
public agency or city department shall be responsible for the operation and
maintenance of the accessway or open space/conservation area, to the Executive
Director of the Coastal Commission.
04 All coastal development permits subject to conditions of approval pertaining to
public access and open space or conservation easements shall be subject to review
and approval by the Executive Director of the Coastal Commission.
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(1) Upon completion of permit review by the city and prior to the issuance of the
permit, the city shall forward a copy of the permit conditions and findings of approval
and copies of the legal documents to the Executive Director of the Coastal
Commission for review and approval of the legal adequacy and consistency with the
requirements of potential accepting agencies;
(2) The Executive Director of the Coastal Commission shall have fifteen working
days from receipt of the documents in which to complete the review and notify the
applicant of recommended revisions if any;
(3) The city may issue the permit upon expiration of the fiieen working day period
if notification of inadequacy has not been received by the city within that time period;
and
(4) If the Executive Director has recommended revision to the applicant, the permit
shall not be issued until the deficiencies have been resolved to the satisfaction of the
Executive Director.
21.81 .150 Applications for emergency permits.
(4 Applications in case of emergency shall be made by letter to the Director or in
person or by telephone, if time does not allow. Emergency means a sudden,
unexpected occurrence demanding immediate action to prevent or mitigate loss or
damage to life, health, property, or essential public services.
;:;
The following information shall be included in the request:
Nature of the emergency;
Cause of the emergency, insofar as this can be established;
Location of the emergency;
(4) The remedial, protective, or preventive work required to deal with the
emergency; and
(5) The circumstances during the emergency that appeared to justify the cause(s)
of action taken, including the probable consequences of failing to take action.
(4 The Director shall veriiy the facts, including the existence and the nature of the
emergency, insofar as time allows.
04 The Director shall provide public notice of the emergency work, with the extent
and type of notice determined on the basis of the nature of the emergency.
@I The Director may grant an emergency permit upon reasonable terms and
conditions, including an expiration date and the necessity for a regular permit
application later, if the Director finds that:
(1) An emergency exists that requires action more quickly than permitted by the
procedures for administrative permits or for regular permits and the work can and will
be completed within thirty days unless otherwise specified by the terms of the permit.
(2) Public comment on the proposed emergency action has been reviewed, if time
allows; and
(3) The work proposed would be consistent with the requirements of the certified
land use plan.
(r) The Director shall report, in writing, to the Design Review Board, at its first
scheduled meeting after the emergency permit has been issued, the nature of the
emergency and the work involved. Copies of this report shall be available at the
meeting and shall be mailed to all persons who have requested such notification in
writing. The report of the Director shall be informational only; the decision to issue an
emergency permit is solely at the discretion of the Director subject to the provisions of
this chapter.
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(cl) Any request for an emergency permit within the Coastal Commission are,a of
original jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal
Commission for review and issuance.
21.81 .160 Expiration of coastal permits.
A coastal development permit shall expire on the latest expiration date applicable to
any other permit or approval required for the project, including any extension granted
for other permits or approvals, but in no event shall this period exceed five (5) years
without extension of time, if a building permit has not been issued for the project.
Should the project require no permits or approvals other than a coastal development
permit, the coastal development permit shall expire one year from its date of approval
if a building permit has not been issued for the project during that time.
Not more than ninety or less than forty-five days prior to the expiration of a
coastal development permit the permittee may apply to the Design Review Board for
an extension of the permit. The application for an extension shall be processed
pursuant to the provisions of Sections 21.81.070, 21.81 .I00 and 21.81 .I 10 of this
chapter. An extension shall be approved only if it is found that there has been no
change of circumstances in relation to coastal resources since the original granting of
the permit. If the Design Review Board finds that there has been a change of
circumstances in relation to coastal resources since the original granting of the permit
the application for the extension shall be denied or conditionally approved. The
decision of the Design Review Board may be appealed pursuant to the provisions of
Section 21.81.080. If a complete application for an extension has been timely filed, the
Design Review Board or the Housing and Redevelopment Commission on appeal may
grant the extension after the expiration date provided that the final decision is made
not later than forty-five days after the expiration date.
21.81 .165 Amendment to coastal development permit.
An amendment to a coastal development permit issued by the city shall be processed
in the same manner as an original application for a coastal development permit.
21 .ai .I 70 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason held to be unconstitutional such
decision shall not affect the validity of the remaining portions of this chapter or any
part thereof. The City Council declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional.”
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Section 7: Re-enactment and Continuation.
Sections 4 and 6 of this Ordinance repeal and re-enact Chapters 21.35 and 21.61,
respectively. Ordinance repeal shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending at the
time of the repeal for an offense committed under the ordinance repealed. It is the City
Council’s intention by such re-enactment that there be no break in continuous
operation of the old ordinance, and no break in the legal consequences under the old
ordinance.
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 a local newspaper of general circulation within fiieen
days after its adoption. For area within the Coastal Zone segment of the Village
Redevelopment Area, this ordinance shall not become effective until approved by the
California Coastal Commission.
OPERATIVE DATE: Section 2 of this Ordinance shall not become operative
until the current terms of the Design Review Board members expire. Upon expiration
of the current terms, the initial terms set forth within Section 2.26.020 of the Carlsbad
Municipal Code shall become operative. The Mayor with the confirmation of the City
Council shall appoint the members and designate the initial terms according to the
staggered term schedule set forth in Section 2.26.020 of the Code.
INTRCDUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Approved as to form and legality
Ronald R. Ball, City Attorney
ATTEST:
CLAUDE A. LEWIS, Mayor
Aletha L. Rautenkranz, City Clerk
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' HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 271
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT FOR THE VILLAGE SEGMENT OF THE CARLSBAD LOCAL COASTAL ZONE AND A REDEVELOPMENT AREA IMPLEMENTATION AMENDMENT WHICH INCLUDES 1) THE REPEAL OF THE EXISTING VILLAGE DESIGN MANUAL AND ADOPTION OF A NEW MANUAL ENTITLED THE "VILLAGE MASTER PLAN AND DESIGN MANUAL"; 2) MUNICIPAL CODE AMENDMENTS
TO TITLE 2, CHAPTERS 2.24 AND 2.26 AND ZONE CODE AMENDMENTS TO TITLE 21, CHAPTERS 21.35, 21.41 AND 21.81 OF THE CARLSBAD MUNICIPAL CODE TO ENSURE IMPLEMENTATION CONSISTENCY WITH THE NEW MANUAL; AND 3) ADOPTION OF A HOUSING AND REDEVELOPMENT COMMISSION POLICIES AND PROCEDURES MANUAL. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL; MUNICIPAL AND ZONE CODE AMENDMENTS; HOUSING AND REDEVELOPMENT COMMISSION POLICIES AND PROCEDURES MANUAL. CASE NO: LCPA 95-10
WHEREAS, the Carlsbad Redevelopment Agency has filed a
verified application for an amendment to the Local Coastal Program
for the Village Redevelopment Segment of the Carlsbad Local
Coastal Zone (and for all properties located within the Village
Redevelopment Project Area) by adoption of a new Master Plan and
Design Manual, zone code and municipal code amendments to ensure
consistency with the new manual, and adoption of a Housing and
Redevelopment Commission Policies and Procedures Manual; and
WHEREAS, said verified application constitutes a request for
amendment as provided in Public Resources Code Sections 30510
et.seq.; and
WHEREAS, said verified application also constitutes a request
for amendment of the Redevelopment Plan implementation as provided
in the Village Redevelopment Area Land Use Plan; and
WHEREAS, the Design Review Board and the Planning Commission
did recommend approval of the subject application;
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WHEREAS, the Housing and Redevelopment Commission did on the
21st day of November, 1995, hold a duly noticed public hearings
prescribed by law to consider said proposed Local Coastal Program
Amendment, Zone Code Amendment and Redevelopment Plan
implementation amendment; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Housing and Redevelopment Commission considered all
factors relating to said Local Coastal .Program Amendment and
Redevelopment Plan implementation amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
Redevelopment Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public
hearing, the Housing and Redevelopment Commission APPROVES LCPA
95-10, which is a Redevelopment Plan implementation amendment
which includes repeal of the Village Design Manual and adoption of
a new Master Plan and Design Manual which includes a Zone Code
Amendment, a Municipal Code Amendment and adoption of the Housing
and Redevelopment Commission Policies and Procedures Manual, as
shown in Exhibits "A"- "Ca, dated October 4, 1995, as revised, and *
as amended by the Commission or the City Council during the public
hearing held on November 21, 1995, as follows and based on the
following findings:
Amendments:
1. Height of project/building may be increased to 45 feet for any project which provides a structured parking facility; otherwise maximum height standard shall be 30 feet or 35 feet depending upon land use district in which property is located.
HRC RESO NO. L 2
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Sidewalk vendors shall not be permitted within the Village; this provisional land use shall be deleted from Master Plan and Design Manual.
The following standard shall be deleted from page 5-20 of Draft Master Plan and Design Manual:
"Total square footage of the sidewalk sign shall be included in the total calculation of maximum signage permitted for an individual business/building based on the standards set forth for the Village Redevelopment Area."
The following standards shall be added to the section of the Master Plan and Design Manual which addresses Sidewalk or Freestanding Signs:
"These sign regulations shall be subject to annual review by the Housing and Redevelopment Commission"; and
"All existing building signage for a business must conform to the sign standards set forth within the Master Plan and Design Manual before a permit will be approved for a sidewalk sign"; and
"A business arcade or courtyard area shall be allowed only one (1) tenant directory sidewalk sign upon which lists all of the businesses within an arcade or courtyard. Each single business within an arcade or courtyard is not allowed to have an individual sidewalk sign."
Findinqs:
1. The proposed amendment to the Local Coastal Program for the Village Redevelopment segment of the Carlsbad Local Coastal Zone is necessary to ensure the continued success of revitalization efforts, through the elimination of blight and economic development activities, within the Village Redevelopment Project Area of the City of Carlsbad.
2. The new land use policies within the Village Master Plan and Design Manual document provide for adequate visitor serving uses and provide for visitor serving commercial uses to satisfy future demand within the Coastal Zone.
3. The proposed amendment to the Local Coastal Program provides for the maintenance of public access to local coastal resources and will have no negative impact on these resources.
. . .
HRC RESO NO. L
1 4o The proposed amendment is consistent with the Carlsbad General Plan and the Carlsbad Village Redevelopment
2 Plan/Local Coastal Program Land Use Plan.
3 PASSED, APPROVED AND ADOPTED at a regular meeting of the
4 Housing and Redevelopment Commission of the City of Carlsbad,
5 California, held on the 21st day of November, 1995, by the
6 following vote to wit:
7 AYES: Commissioners Lewis, Kulchin, Finnila
8 NOES: None
9 ABSENT: Commissioners Nygaard, Hall
10 ABSTAIN: None
. . II ATTEST:
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HRC RESO NO. 271 4
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SUMMARY OF OUTSTANDING ISSUES
VILLAGE MASTER PLAN
EXHIBIT 3
ISSUe
Height Limits
Recommendation w/in Master
Plan draft documents
In Land Use Districts l-4 & 9,
allow 45’ height limit for non-
residential projects greater than
1.5 acres and providing a min.
7: 12 roof pitch.
Recommendation from the DRB Staff comment(s) on
and Planning CornmIssion Recommendation for change.
Delete the subject standard from 45’ supported by MP Advisory
the Master Plan. Max. height to be Committee. Maintain
30’ or 35’ depending upon land recommendation w/in draft
use district. MP.
DRB Composition 2 Planning Commissioners; 1 2 Planning Commissioners; 1 Maintain recommendation w/in
Village Property Owner (or Village Resident; 1 Village draft Ordinance; it allows for
resident); 1 Village Business Business Owner; and 1 General more experienced members on
Owner; and 1 General Member Member at Large (with no issues important to the Village.
with experience in one or more of particular experience
the following areas: development, requirements),
construction, real estate, planning
or architecture.
DRB Terms 4 year terms. 2 year terms, 4 yr. maintains consistency w/
other boards/commissions.
Sidewalk Vendors Sidewalk Vendors allowed as a Delete Sidewalk Vendors as an Maintain recommendation w/in
provisional use with standards set acceptable provisional use w/in draft MP with additional
forth for location and development the Village. standard: Applicant must
criteria. submit a Certificate of
Insurance in an amount
established by City.
Sidewalk Signs Total Square Footage of the Delete subject standard from the Maintain standard to incl. the
sidewalk sign shall be included in Sidewalk Sign standards in MP. sidewalk sign in total sign
the total calculation of maximum calculation in MP.
signage permitted for an individual Add an additional standard which
building based on the standards requires existing signage to be in Support addition of the sign
set forth for the Village. conformance with new sign conformance standard as
standards for other sign types recommended by PC and
before a permit will be approved DRB.
for sidewalk sign.
Tenant Directory
Sidewalk Sign
Not addressed in Master Plan. All
businesses could have sidewalk
sign under draft standards.
Add a standard to sidewalk sign Support the recommendation
standards in MP which states that proposed by PC and DRB.
a business arcade or courtyard
area will be allowed to have only
one “tenant directory” sidewalk
sign which lists all of the
businesses within the arcade or
courtyard. Each individual
business w/in the arcade or court-
yard would not be allowed to have
their own individual sign.
Parking Time
Limits
All public streets within core No formal recommendation. Maintain recommendation
downtown area (as identified in Request for Council to consider 3 within draft MP. 2 hr. parking
MP) are proposed to be limited to or 4 hour parking vs. the most often requested by
2 hour parking. recommended 2 hr. businesses in Village.
EXHIBIT 4
November 21, 1995
TO: CITY COUNCIL
HOUSING AND REDEVELOPMENT COMMISSION
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
STAFF REPORT REGARDING ISSUES RELATED TO THE VILLAGE MASTER PLAN AND
DESIGN MANUAL, HOUSING AND REDEVELOPMENT COMMISSION POLICIES AND
PROCEDURES MANUAL AND IMPLEMENTING ORDINANCES
On October 4, 1995, the Design Review Board and Planning Commission identified a number of issues
which required clarification and/or resolution prior to their action on the new Village Master Plan and
Design Manual, Housing and Redevelopment Commission Policies and Procedures Manual and the various
implementing ordinances. At the request of the Board/Commission, a report was prepared which
summarized the issues and provided a staff response for further consideration by the Board/Commission on
November 1, 1995.
Staff separated these issues into three (3) categories: 1) Quick Fixes; 2) Suggestions for Changes; and 3)
Staff Recommendations. Staff then attempted to address these issues on an individual basis. Following
discussion of these issues and staff responses, the Board and Commission took action on each issue. In some
cases, they agreed to accept staffs recommendation and suggested no changes to the subject documents. In
other cases, they made recommendations for consideration by the City Council and Housing and
Redevelopment Commission. The action of the Board/Commission are summarized following each issue
discussion and staff response.
I. hick Fixes
A “quick fix” reflects a revision to the Village Master Plan and Design Manual or Policies and Procedures
Manual which was proposed by a member of the public or a Planning Commission/Design Review Board
Member and where staff agreed it was appropriate and/or necessary to clarify, enhance or correct
information provided within the document. The “quick fixes” to be made to the Village Master Plan and
Design Manual and Policies and Procedures Manual are as follows:
1. Definition for “Bar & Cocktail Lounge”, “Restaurant”. “Delicatessen” and “Facade”.
Staff will add appropriate definitions to the Village Master Plan and Design Manual, or enhance existing
definitions, to better define various land uses identified within the document. Attached are improved
definitions for the provisional use of a “Bar & Cocktail Lounge” and a “delicatessen”. The definition of a
restaurant or a bona fide public eating establishment can be found in the Carlsbad Municipal Code under
Section 21.04.056. A copy of the code definition is attached for your review.
2. Correction of Assessor Parcel Numbers included within District 9.
The necessary corrections have been made to the appropriate page. See attached.
3. Remove statement from Page 5-4 which addresses sign information for Wall Signs.
Page 5-4 (see attached) has been revised to delete third bullet under Standard No. 1 for Wall Signs which
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stated “Additional commercial sign information such as goods and services offered is not
appropriate or permitted.” With removal of the subject statement, business owners can add information to
their sign related to services and products, if so desired.
4. Add “or member of the nublic” to Policy No. 1 as a body which can nronose a new policy.
The suggested wording addition has been made to the policy. See attached revised page.
Design Review Board and Planning Commission Responses/Recommendations: Accept all of the above
changes/corrections as revisions to the Village Master Plan and Design Manual and/or Housing and
Redevelopment Commission Policies and Procedures Manual.
Staff Recommendation: No additional action needed by the City Council or Housing and Redevelopment
Commission on these issues. Changes are incorporated by reference into the final draft of the new Master
Plan and Design Manual and Housing and Redevelopment Commission Policies and Procedures Manual.
Approval of the draft documents, as revised, will approve these changes or “quick fixes”.
II. SUGGESTIONS FOR CHANGES
The “Suggestions for Changes” are issues which were raised by a member of the public or a Planning
Commissioner/Design Review Board Member as related to standards set forth within the Village Master
Plan and Design Manual. These issues were primarily raised in the context of proposed changes to the
document. Although staff recommended that no changes be made to the Village Master Plan and Design
Manual in response to these suggestions, the “suggestions for changes” were detailed as noted below for
further consideration by the Planning Commission and Design Review Board. Staff has also provided a
justification for making no changes to the document.
1. Prenaration of a site plan for placement of tables on sidewalks on State Street.
Village Resident, John Jones, made a recommendation at the public hearing to develop a site plan for
locating sidewalk tables on State Street. Mr. Jones’ plan is outlined in “Item II” of the attached
correspondence from Mr. Jones.
From staffs perspective, we recommend against the development of a site plan which would restrict the
table location more than already set forth within the draft Village Master Plan and Design Manual. Staff
does not believe that a location “site” plan is necessary or appropriate for State Street or another street
within the Village. We believe the standards within the draft Village Master Plan and Design Manual are
adequate as presented. A location “site” plan is too limiting and does not recognize the individual needs of
the restaurants. Staff believes that the businesses should be allowed some flexibility on the placement of
their tables and chairs (next to building or at the curb side) in their effort to comply with the new standards
set forth in the Manual. Physical constraints at the site of some of the existing restaurant buildings will
create problems for locating tables immediately adjacent to the building. Therefore, staff believes it is more
reasonable to allow some flexibility for the location of the sidewalk tables.
Design Review Board and Plunning Commission Responses/Recommend&ions: The Board and
Commission decided to take no action to change the recommendations currently provided within the Village
Master Plan and Design Manual on this issue.
2. Standards for Size of Sidewalk Tables
John Jones also suggested, and Board Member Vessey agreed, that the size of the sidewalk tables should be
limited. The size standard proposed by Mr. Jones is 28” in width by 48” in length. Similar to the site plan
suggestion, staff would recommend against limiting the table size. Again, staff believes that flexibility is
necessary and appropriate. The proposed regulations currently noted within the draft Manual are adequate
for allowing access to the public sidewalks without these size restrictions. Restaurants with tables and chairs
at this time will most likely be required to make adjustments in table size, number and/or type in order to
meet the new standards for sidewalk cafes.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission decided to take no action to change the recommendations currently provided within the Village
Master Plan and Design Manual on this issue.
3. Immediate effectiveness of the Village Master Plan and Design Manual outside the Coastal Zone.
As indicated to the Planning Commission and Design Review Board during the public hearing on October 4,
1995, it is the intent of staff to pursue this suggestion. Staff would like to be able to immediately implement
the Manual for all areas of the Village outside the Coastal Zone; this will, however, create some
implementation difficulties. It would be easier for implementation purposes to have the entire Village Area
regulated by one document at a time. However, staff does not wish to have the Coastal Commission dictate
what happens in the area of the Village which is outside the Coastal Zone. Therefore, in all likelihood, the
Plan will be implemented outside the Village Coastal Zone several months before it is certified by the
Coastal Commission.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Cornmission made no additional comments on this matter.
4. Fees & Insurance Amounts should be noted in the Village Master Plan and Design Manual.
As indicated to the Planning Commission and Design Review Board by Staff during the public hearing on
October 4, 1995, the Village Master Plan and Design Manual is m the appropriate document for addressing
fees and/or insurance amounts because these matters may need to be reviewed and revised from time to
time. Fees are set by the City Council based on separate studies.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission made no recommendations on the fees. However, some members of the Board/Commission
indicated that the fees need to be considered closely because they often have very negative impacts on small
businesses. For example, the fees restaurants must pay for water and sewer create a hardship for non-chain
or small family-owned restaurants within the Village area.
5. Revise Land Use District Boundaries to reflect single nropertv ownershin.
The boundaries for the land use districts within the draft Village Master Plan and Design Manual document
were set after much study on existing and desired land uses for an area of the Village according to the
redevelopment function the area is expected to serve. The Consultant and Staff made an effort to prevent the
division of single parcels into two separate land use districts. However, it would be impossible and possibly
illegal (spot zoning is not allowed) to revise the boundaries based simply on “ownership” of a property. In
many cases throughout the Village, several parcels of land will be owned by a single party; this is not an
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acceptable reason for revising the land use boundaries. It is not unusual for properties adjacent to each other
to have different permitted land uses.
Based on the comments noted above, staff recommends against changing the boundaries for the Village
Land Use Plan. If in the future a property owner wants to consolidate two or more land parcels into a single
property which will cross district boundaries, a legislative determination will be made, by the Housing and
Redevelopment Commission, at the point of lot line adjustment approval as to which land use district most
appropriately applies to the property.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission made no additional recommendation on this issue.
III. STAFF RECOMMJWDATIONS
Under this category of “staff recommendations”, staff outlined the questions raised by the Planning
Commission/Design Review Board on the recommendations made by staff, the consultant and the Master
Plan Advisory Committee on various standards and policy issues as presented within the draft Village
Master Plan and Design Manual document dated October 4, 1995. In the section below, staff has attempted
to explain the reason for the recommendation which was included within the document. In most cases, staff
proposed no changes to the standards set forth within the draft Village Master Plan and Design Manual.
1. Height Limits - 45 ft. allowed in some Land Use Districts.
Staff and the Master Plan Advisory Committee agreed that there may be times within the Village where a
45’ building would be appropriate. We agreed that the standards within the existing draft of the Village
Master Plan and Design Manual allowed for some flexibility but still limited most projects to the 35’ height
limit. The standards in most of the land use districts allow for a project to be built to 45’ only if the project
site is larger than 1.5 acres and the proposed building has a roof pitch which is greater than 7:12, a much
steeper roof for design purposes.
Staff believes that the recommended standards are appropriate. The situations where a 45’ building height
will be allowed are very limited due to the size of the lot requirement. There are very few sites in the
Village which are larger than 1.5 acres.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission recommended that the development standard in all applicable land use districts which would
allow for a maximum height of 45’, regardless of type of project or size of property, be deleted. The
recommendation is that the maximum height be set at 30’ or 35’ only. They felt that no district should be
allowed to have a maximum height of 45’ regardless of site size because with architectural features a project
may exceed the 30’ or 35’. A project could potentially go up to 45’ under the standards where the maximum
height is 30’ or 35’. But, if 45’ buildings were allowed, the City could get 55’ buildings with the additional
architectural protrusions.
Staff Recommend&ion: Staff recommends to the City Council and Housing and Redevelopment
Commission that the 45’ height limit standard remain as provided within the draft Master Plan. The Land
Use Districts in which this is acceptable are limited and so are the size of the sites. The Master Plan
Advisory Committee was supportive of allowing increased heights in certain areas of the Village.
2. Design Review Board Composition.
Staff made a recommendation to revise the composition of the Design Review Board to two Planning
Commissioners, two representatives from the Village, and one general member of the public at large. The
two representatives from the Village are proposed to be a Village property owner and Village business
owner. The general member does not need to work, live, or own property in the Village but must have
demonstrated experience in one or more of the following fields: development, construction, real estate,
planning or architecture. Staff believes the proposed Design Review Board composition addresses many of
the concerns expressed by the public during the past few years.
In addition to the membership change, staff proposed a change in the term for Design Review Board
members. Staff recommended four (4) year staggered terms rather than the two year terms currently noted
within the existing ordinance. This change is reflected in the legislative draft of Chapter 2.26 of the
Carlsbad Municipal Code. This change would be consistent with other Commissions and Boards currently
serving the City Council within the City of Carlsbad.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission recommended that the proposed composition of the DRB be revised as follows: Two Planning
Commissioners, One Village Resident, One Village Business Owner and One General Member at Large
(with no particular experience requirements). They also recommended against the four year terms. They
preferred the existing 2 year terms.
Staff Recommendixtion: Although staff is not strongly opposed to the composition proposed by the Board
and Commission, we believe that the composition of the DRB proposed within the draft Ordinance will
provide some needed expertise for the Board. We also believe that 4 year terms are required for consistency
and stability purposes.
3. Ratio of Tables Outdoors to Indoors.
Within the definition of sidewalk cafes (page 2-60), it is indicated that a “majority” of seating capacity must
be located indoors. This generally means that there should be at least one more table inside than outside.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission made no additional recommendations on this issue.
4. Inclusion of Sidewalk Sign in amount of Maximum Signage allowed for a building.
As outlined in the staff report presented to the Design Review Board and Planning Commission on
September 6, 1995, staff was asked by the City Council to prepare a supplemental report which addressed
the variety of issues which had been raised about A-Frame, or sidewalk, signs. Staff was also asked to
prepare recommended standards for the signs and then request that the Design Review Board and Planning
Commission make a recommendation as to whether or not these signs should be allowed within the Village
and the standards incorporated into the Village Master Plan and Design Manual.
Staff received an indication from the Board/Commission on September 6, 1995 that the sidewalk signs were
viewed as an acceptable form of signage for the Village. Consequently, staff proposed regulations for the
sidewalk, or free-standing, sign which were incorporated into the draft of the Village Master Plan and
Design Manual.
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These standards require that the square footage of the A-Frame, or sidewalk, sign be included in the
calculation of signage for the building; total signage for a building is limited to 1 square foot of signage for
each lineal foot of building. This standard was recommended to address the issue of proliferation.
The Village Business Association Subcommittee on signs recommended that the existing A-Frame sign
standards be included in the new Village Master Plan and Design Manual with the exception that all sign
shapes are acceptable. The Master Plan Advisory Committee agreed with the Subcommittee
recommendations with the additional statement that “proliferation” and “quality of signs” standards needed
to be included within the final set of standards. “Proliferation” and “Sign Quality” were also concerns raised
by the City Council and represent the most difficult type of issues to address.
The sign standards proposed by staff incorporated the existing standards for A-Frame signs. Staff also tried
to address the proliferation and quality of sign issues through additional standards.
Design Review Board and Planning Commission Responses/Recommendations: The Board and
Commission recommended that the standard which requires sidewalk signs to be included in the total
signage calculation for a building be deleted from the Master Plan. But, they recommended that a standard
be added which stated that existing signage on a building must be in conformance with new sign standards
set forth within the Village Master Plan and Design Manual for other sign types before a permit will be
approved for a sidewalk sign. The Board and Commission also recommended that a standard be added
which states that a business arcade or courtyard will be allowed to have only one “tenant directory”
sidewalk sign which lists all of the businesses within the arcade/courtyard. Each individual business within
the arcade or courtyard would not be allowed to have their own individual sign on the sidewalk.
Staff Recommend&ion: Staff believes that the requirement to include the Sidewalk Sign in the total
calculation for signage for a building should be maintained within the standards as stated within the Village
Master Plan and Design Manual. By maintaining the standard, the Sidewalk Sign is treated as a sign type
which can be used by a business. The business could also use a wall or projecting sign or a banner sign or
awning. It becomes one option for advertising a business rather than “free” additional signage. Staff does,
however, support the other two recommendations by the Board and Commission which require conformance
of other signs prior to obtaining a Sidewalk Sign permit and the limit on the signs for use by businesses
within arcades or courtyards.
5. Sidewalk Vendors.
The draft of the new Village Design Manual and Master Plan includes a recommendation to allow sidewalk
vendors through an administrative permit process. The project consultant recommended that a map be
prepared to identify the appropriate sites for these vendors. However, after further discussion, staff has
decided that a map will not be particularly helpful in any way. So, we are proposing to delete the
requirement to develop a site map from the sidewalk vendor criteria.
Staff believes that the criteria (No.2) which states that “flowers, food or merchandise sold from the kiosks or
carts should not be directly competitive with any other business within 500 feet of the specified location”
will provide adequate regulation for site selection purposes. The type of sidewalk vendor will ultimately
guide locations. Staff is recommending that the criteria No. 5 related to design of the kiosk or cart be
revised to allow the Housing and Redevelopment Director to appr ve the design rather than Design Review
Board. Similar to the sidewalk cafe standards, the Director could p” rovide examples of acceptable kiosks and
carts for consideration by the vendor. Other than flowers and food, the merchandise sold from these
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vendors would be limited to arts and crafts produced by the vendor. This may include street performers or
crafters.
Design Review Board and Plunning Commission Responses/Recommendations: The Board and
Commission recommended that the “sidewalk vendor” be deleted as an acceptable provisional land use
within the Village Redevelopment Area. The Board and Commission felt that the provision for “sidewalk
vendors” allows for unfair competition and could not be effectively administered.
Staff Recommendation: Staff recommends that the provisional use of “sidewalk vendors” remain within the
Village Master Plan and Design Manual. We believe that the use can be adequately controlled and that these
vendors will add to the Village atmosphere by creating activity which encourages pedestrian participation
and provide for color and creativity. The changes noted above are again recommended in addition to a
requirement for a Certificate of Insurance.
Iv. ADDITIONAL ISSUES RAISED ON NOVEMBER 1.1995
1. Parking Program.
Commissioner Erwin expressed concern that the Policy on the Formula for the In-Lieu Fee for the Parking
Program needed to be clarified to indicate that a parking space within a public parking lot, in effect, is not
sold “several times” as part of the in-lieu fee program; the statement is used within the policy (No.2) as a
justification for why the fee is proposed to be set at one-third the cost of producing a public parking space
rather than the full cost. The concern was that the policy could be misinterpreted by developers, as it is
currently written, and that a parking problem could be created because “spaces” within a public parking lot
are sold too many times by the City/Redevelopment Agency.
Design Review Board and Phning Commission Response/Recommendation: No recommendation was
made by the Board or Commission.
Staff Recommendation: Staff is recommending that the justification statement within the Policy be revised
to delete the reference to “charge a fee several times for the same public parking space” to a statement
which simply focuses on the shared use nature of public parking lots and the fact that no business has an
exclusive right to use a public parking space.
2. Two Hour On-Street Parking Restrictions.
Commissioner Nielsen expressed concern that restricting parking to two hours on the streets in the core
downtown area would cause problems for customers who wish to complete a variety of tasks in the Village.
He had received comments from some businesses that 2 hours would not be enough time for a person to
have their hair cut and also go to lunch or shop. There was a suggestion for consideration of 3 or 4 hour
parking rather than the 2 hour parking.
Staff Recommendation: Since the public parking lots will still remain as all day parking, staff is
recommending against any change to the recommended 2 hour parking. Over the last few years, staff has
received requests from a number of businesses in the core downtown area requesting time restrictions for
on-street parking ranging from 20 minutes to 2 hours. The 2 hour time restriction was the most frequently
requested by the businesses.
7
Iv. SUMMARY
The above report provides a comprehensive summary of the key issues which were raised during the public
hearings before the Design Review Board and Planning Commission. As indicated in the discussion on each
issue, the Board and Commission considered the responses from staff and either 1) made a recommendation
for change; 2) made comments or suggestions; or, 3) made no comment or recommendation. Staff has also
provided a recommendation to suggest whether we support the recommendations approved by the Design
Review Board and Planning Commission. All of this information is provided to the City Council and
Housing and Redevelopment Commission for consideration in taking final action to approve the new Village
Master Plan and Design Manual, the Housing and Redevelopment Policies and Procedures Manual, and the
implementing ordinances.
1.
2.
3.
4.
5.
6. Letter from John Jones, dated October 5, 1995
7. Pages 2-60 and 2-61 - Sidewalk Cafes
8. Page 2-23 - Land Use Key
9. Chapter 2.26 of Municipal Code (Legislative Draft)
10. Page 5-20 - Sidewalk or Free-Standing Signs.
11. Revised Page 2-62 - Sidewalk Vendor
ATTACHMENTS TO SUPPLEMENTAL REPORT
Revised Provisional Use Page 2-37 - Bar & Cocktail Lounge
Definitions.
Revised Assessor Parcel Page 2-22 - Land Use District 9
Revised Wall Sign Standards Page 5-4
Revised Page 1 of 1 of Policy No. 1 of Housing and Redevelopment Commission Policies and
Procedures Manual
P
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DEFINITIONS
.-
The definitions section of the Carlsbad Municipal Code will be used to define the various terms used within
the new Manual. As appropriate, these definitions will be incorporated into the final draft of the new
Manual.
For information purposes, the following definitions are provided to assist in review of the Village Master
Plan and Design Manual documents:
Delicatessen - Any establishment which provides ready-to-eat food products (such as cooked meats or
prepared salads) which are primarily purchased on the premises and consumed off-site. Food serv ice is not
provided to any tables which might be located on the premises. Serving and eating utensils are disposable.
Facade - The front of a building; any face of a building given special architectural treatment.
Restaurant - See definition of Bona Fide Eating Establishment within Carlsbad Municipal Code.
21.04.030
21.04.030 Apartment.
“Apartment” means a room, or a suite of two or
more moms in a multiple dwelling, occupied or
suitable for occupancy as a residence for one family.
(Old. 9060 Q 205)
21.04.035 Apartment house.
“Apartment house” means a building or a portion
of a building, designed for occupancy by three or
more families living independently of each other,
and containing three or more dwelling units. (Oni.
9060 !j 206)
21 MO36 Aquaculture.
“Aquaculture” means that form of agriculture
devoted to the propagation, cultivation, maintenance,
and harvesting of aquatic plants and animals in
marine, brackish, and fresh water. “Aquaculture”
does not include species of ornamental marine or
freshwater plants and animals not utilized for human
consumption or bait purposes that are maintained in
closed systems for personal, pet industry, or hobby
purposes. This definition specifically excludes hy-
dmponics. (Ord. 9809 0 1, 1986)
21.04.040 Automobile wrecking.
“Automobile wrecking’* means the commercial or
noncommercial dismantling or wrecking of used
motor vehicles or trailers or the storage, sale or
dumping of dismantled or wrecked vehicles or their
parts. (Ord. 9060 0 207)
21.04.041 Bar or cocktail lounge.
“Bar or cocktail lounge” means any establishment
serving an alcoholic beverage, not meeting the re-
quirements of a bona fide public eating establish-
ment as defined in Section 21.04.056. (Ord. 9527 5
2 (part), 1979)
21.04.045 Basement.
“Basement” means that portion of a building
between floor and ceiling which is partly below and
partly above grade as measured along the exterior
(immediately outside of “building coverage”) perim-
eter of the structure but so located that the vertical
distance from exterior grade to the adjacent interior
floor below is more than the vertical distance from
exterior grade to adjacent interior ceiling. This defi-
nition must apply to a minimum of fifty percent of
the perimeter of building coverage for a structure to
qualify as a basement. The portion of a basement
that is below existing grade is not included in the
measurement of building height (as defined in Sec-
tion 21.04.065). (Ord. NS-204 8 1, 1992: Ord. NS-
180 0 1, 1991: Ord. 9060 0 208)
21.04.046 Bed and breakfast uses.
“Bed and breakfast uses” means an historical or
architecturally significant building which is located
in a scenic or other environment with a distinct
character which has no less than three and no mote
than eight attractively decorated lodging moms, and
one common mom is available for social interaction
where short-term lodging and primarily breakfast
meals are provided for compensation. “Bed and
breakfast uses” does not include rest homes, con-
valescent homes, hotels, motels, boarding houses or
lodging houses. (Ord. NS-81 0 1, 1989: Ord. 9800
0 1. 1986)
21.04.050 Block.
“Block” means all property fronting upon one
side of a street between intersecting and intercepting
streets, or between a street and a railroad right-of-
way, watenvay, terminus or dead-end street, or city
boundary. An intercepting street shall determine
only the boundary of the block on the side of the
street which it intercepts. (Ord. 9060 8 209)
21.04.055 Boardinghouse.
“Boardinghouse” means a building with more
than four guest moms where lodging and meals are
provided for compensation but does not include rest
homes or convalescent homes. (Ord. 9060 $ 210)
CIJ
21.04.056 Bona fide public eating
establishment.
“Bona fide public eating establishment’* means
any establishment at which the primary business is
the preparation, service and retail sale of meals
Khrlsbd 8-94) 544
39
comprising a varied selection of foods and nonalco-
holic beverages prepared, served and consumed on
the premises.
To be classified as a bona fide public eating
establishment, an establishment which engages in
the sale of beer, wine or distilled spirits for
544-l
21.04.056
(CarLtad 8-W)
consumption on the premises shall meet the follow-
ing requikments:
(1) Be designed and operated in such a way that
the sale of alcoholic beverages is incidental to the
primary restaurant operation;
(2) On any day the restaurant is open to the
public for business and engaged in the incidental
sale of alcoholic beverages, restaurant services shall
be available to the public for the evening meal for
a period of not less than five hours, or for not less
than four hours, if the morning or noon meal is also
served to the public for a period of not less than two
hours;
(3) Restaurant service shall include, but not be
limited to, an offering of a varied menu of foods or
not less than five main courses with appropriate
nonalcoholic beverages, desserts, salads and other
attendant dishes:
(4) The sale of any food prepared for consump
tion off the premises shall be occasional only and
clearly incidental and subordinate to the on-premises
restaurant operation;
(5) No more than twenty-five percent of the
interior area of the restaurant shall be designed,
arranged or devoted to a use commonly associated
with a bar or other establishment primarily engaged
in the on-premises sale of alcoholic beverages. The
interior area shall include only those portions of the
establishment devoted to regular use by the public;
(6) A minimum of twenty percent of the gross
floor area of the establishment shall be used solely
for food storage, preparation, maintenance and stor-
age of eating utensils, dishes and glassware and
shall include refrigeration, cooking, warming and
dishwashing equipment, and any other equipment
necessary for a fully equipped restaurant kitchen;
(7) During the above specified minimum hours
for restaurant services, there shall be not less than
one employee per two hundred and fifty square feet
of floor area devoted to food service use. Said em-
ployee or employees shall be on the job during the
specified minimum hours for the restaurant service
as described in subsection (2) of this section.
The city council may waive the above require-
ments relating to hours, menus, alcoholic beverage
21.04.056
area, kitchen area, employees and equipment if they
find a proposed restaurant will provide equivalen-
ties, meets the other requirements of this section
and will, in fact, be operated as a bona fide restau-
rant.
Uses not specifically named in this section but
which are of substantially the same general type and
character and are within the intent and purpose of
this section may be permitted; pmvided, however,
that the burden of proving the same shall rest with
the person seeking to establish that use. (Ord. 9527
9 2 @art). 1979)
.
21.04.057 Bowling alley.
“Bowling alley” means any structure in which a
ball or balls are rolled on a green or down an alley
or lane at any object or group of objects. (Oni. 9527
% 2 @art>, 197%
21.04.060 Building.
“Building” means any stmcNre having a roof,
including all forms of inhabitable vehicles even
though immobilized. Where this title requires, or
where special authority granted pursuant to this title
requires that a use shall be entirely enclosed within
a building, this definition shall be qualified by add-
ing “and enclosed on all sides.” (Ord. 9060 5 211)
21.04.061 Building coverage.
“Building coverage” means the total ground area
of a site occupied by any building or structure as
measured from the outside of its surrounding exter-
nal walls or supporting members. Building coverage
includes exterior structures such as stairs, arcades,
bridges, permanent structural elements protruding
from buildings such as overhanging balconies, oriel
windows, stories which overhang a ground level
story, garages and cove& carports. Building cover-
age also includes the perimeter area of a basement.
Excluded from building coverage are roof eaves
extending less than thirty inches from the face of
any building, awnings, open parking areas, struc-
tures under thirty inches in height and masonry
walls not greater than six feet in height such as
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Village Redevekqment Area
Housing and Redevelopment Commission
Policy Stat-
General Subject: ADMINISTRATION
Specific Subject: Adoption of Commission Policy and
Procedure statements
(REVISED)
Policv No. 1
Date Issued:
Effective Date:
Cancellation Date:
Sunersedes No. :
Page No.: 1 of 1
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and
Redevelopment Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
Pumose:
To clearly identify policies and procedures of the Housing and Redevelopment Commission not covered by
ordinances, the Village Redevelonment Plan, and/or the Village Redevelopment Master Plan and Design Manual.
and to make such policies and procedures of the Housing and Redevelopment Commission readily available to all
concerned.
Statement of Policv:
The purpose of this policy is to establish the Housing and Redevelonment Commission Policv and Procedures
Manual. The Policy and Procedures Manual shall be in a loose-leaf form.
Policies and procedures of the Commission shall not conflict with any ordinances of the City, the Village
Redevelopment Plan and/or the Village Redevelopment Master Plan and Design Manual. All policies and *
procedures must receive at least four (4) affirmative Housing and Redevelopment Commission votes to be included
within the Policy and Procedures Manual.
All policies and procedures shall be in writing and include, as required:
(1) Background of the Procedure or Policy
(2) Purpose of the Procedure or Policy
(3) Statement of the Policy and/or Procedure
Procedure:
A.
B.
C.
D.
E.
Any member of the Housing and Redevelopment Commission, the City Manager, the Housing and
Redevelopment Director, the City Attorney or a member of the general public may place a proposed policy
or procedure on the Housing and Redevelopment Commission Agenda, provided that a written statement of
the proposal is distributed prior to Commission consideration.
The Commission may direct that a policy or procedure be developed and assign its creation to a member of
the Commission or the City Manager.
Prior to final adoption, the City Manager, in cooperation with the City Attorney, shall assign a brief title
and place the policy or procedure within a prescribed format. The prescribed format is demonstrated by
this policy statement.
Following adoption of the policy or procedure, the Manual shall be indexed and printed for general
distribution to the Housing and Redevelopment Commission officials and other interested parties.
For any policy or procedure which has a potential impact on coastal resources, the policy or procedure
shall be approved by the Coastal Commission in addition to the Housing and Redevelopment Commission
prior to it becoming effective.
October 5, 1995
John L. Jones
Citizens Awareness Group (CAG)
Carlsbad City Council
1200 Carlsbad Wage Drive
Carlsbad, CA 92008
RE: Redevelopment Area Master Plan
To whom it may concern:
I, as a citizen of the downtown redevelopment area, would like to offer the following: a
solution to the problem of signs, tables, and walk ways.
ITEM I
A. A-frame signs are wanted by all merchants in downtown area:
1. A-frame signs are to be of a consistent size and of uniform material.
2. Sign size shall be no larger than 2.3 fi in width (28”), no taller than 3.6
ft. (42”).
3. Signs are to be the name of business ONLY. e
4. Signs must be located in front of store named. Exception only for
Arcade. Arcade businesses may place at front on street it faces.
5. All signs must be removed from sidewalk at closing time.
6. A-frame signs are the only attraction allowed at store fronts.
B. Signs in lieu of A-frame:
1. Hanging-type signs are used in place of A-frames; no combination of
signs to be allowed.
2. Hanging signs are style hung from over-hang of windows and walkway
covers.
3. Hanging signs must.be able to be removed from support hooks with
hands or minor tools (pliers or screwdriver).
4. Hanging signs must be a minimum of 7.6 F?,,!$O”) off the ground or * .u.
sidewalk. rJb7E S/tf s c F A&&&, ti7Rcdf ) cr.g,gu ~Rl;uC.LV~-A,r_~.~~~~
5. All merchants may affix flat hanging signs at top of businessas a&ad;
allowed &der existing sign ordinance (sizes, mountings, and such to
comply with sign ordnance).
ITEM II
A. Tables and exterior food facilities:
1. All restaurants and cafes must use area in rear of same for Au Fresco
dining.
2. Any combination cafe/restaurant or deli serving alcoholic beverages
must have a proper offset under ABC rules (separation from traffic).
3. When no room is apparent at the rear of establishment, the
aforementioned must follow these steps of usage:
a. No more than 1 row of tables may be placed in front of
restaurant.
b. Tables must not exceed the following: 28” width x 46” length
(or as close as the manufacturers provide). [7~+, d - r’ A’Ce IL” P’ ’ ‘* R ‘ t 1
C. Tables and chairs to be kept by the nearest wall of restaurant
i.e., front wall or facia (glass window, parlor wall).
4. Any restaurant that has an apron or arcade must use same for service
of tables to patrons (private property open to public).
ITEM I-II
k Excess of display material:
1. No merchant is allowed to display clothing or racks of books, attention
whirligigs or paraphernalia.
2. All walkways and such must be clear to pedestrian traffic at all times.
Sincerely, r
,, , / r I”
46
47
- . .
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Chapter 2.2c
DESIGN REVIEW BOARD -
VILLAGE REDEVELOPMENT
sections:
226.010
2.26.020
2.26.030
226.035
226.040
226.050
Created.
Membership - Appointment -
Terms.
Meetings.
Officers-Rule Adoption-Records.
Vote required,
Functions.
236.010 Created.
Pursuant to Title 21, Chapter 21.35, a design
review board for the Carlsbad village
redevelopment area is created. (Ord. 1254 5 1
(part), 1982)
2.26.020 Membership - Appointment -
Terms.
The design review board shall consist of five
members appointed by the city council, &ree $@ . . . . . . . . . . . . . . .._ . ..# . . . . . . . . . . . . . . . . . . . . . . . .,.. . . .._ ~~~~~~~ km the planning commission$ .-&?g .~.&~...~ijlresen~tives of *e village
~~~~~~~~~~~~~~~~~.~~.~~,~~~~~~~~~~~
..I.. . . . . . . . . ..,. :.:: ::..:
~~~~~~~~~~~:~~i~~~~~~~~~~~~~~~
“‘i”.:;~::::.:.:~.~~~.. ..> ..,. .,.,.,.;,., :.,.; : : : : : :.:‘i.~::.~..:.:.:.:.:.: . . . . . . . . . . . .,.:. ~,’ ,.,.,., ~~~~~~~~~~~~~~~~~~~ .,.:. ;.‘..:‘r ‘:
.:e;: )?: c. a.:...; _ . . . . ; .,.‘.~..,.(.;..~,: .:,:‘.):,........I: . . . . . . . :.:..,;.:,- . . . . . . . ._._. . . . .:::. ..,:...: . . . . . . . . . . . .:...: . . . . . . . . . . ..i.... ,..., . . . SThe
community development director, the planning
director, the housing and redevelopment director
and the city attorney shall be ex officio members
of the board. No ex officio members shall be
entitled to vote.
(REVISED i . .. , . . . . . . ..i :.. S& .;w&~ks y;ti --.:.:.:... : :.:.. :,. . . . ~~ .::: of:l.I~~~~~~,~;~:, ?@ :.. j > :::<::: ,; :* ,:, f . . /: ..,j:.:: ,:::‘i:::i:;~j::::::::::~:..;:::j-:::i ::.: ,.:,. :: :.:. .:.,.:.:.:.~:.,.:.:.:.:.:... .:.:: ,...: :., .A.... :.i:;:.:.;,: ~ .,.,.....* ,.,., &&&
(Ord. NS-271 $ 1, 1994; Ord. NS-169 5 3, 1991;
Ord. 256 § 2, 1982; Ord. 1254 5 1 (part), 1982)
266.030 Meetings.
The board shall meet regularly at least once a
month on a day and time established by board
rule. Any meeting held pursuant to design review
board rule, or any special meeting advertised as a
public hearing, shall be deemed a regular meeting.
The board may adjourn any regular meeting from
time to time at a time and place specified at the
regular meeting and any such adjourned meeting
shall be deemed a regular meeting. (Ord. 1280 §
1, 1985; Ord. 1254 Q 1 (part), 1982)
266.035 Offkers - Rule Adoption -
Records.
The design review board shall elect from among
its appointed members a chairman and vice
chairman to serve for a term of one year. It shall
adopt rules for the transaction of business and
shall keep a record of the resolutions, transactions,
findings and determinations. (Ord. 1280 § 2,
1985)
226.040 Vote required.
The affvmative 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. (Ord. 1254 9 1 (part),
1982)
50
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 Carl&ad
Municipal Code. The design review board shall
also act as the planning commission as provided
in Section 2.24.080 of this code on matters subject
to the provisions of Chapter 21.35.080 of this . . codes . w. (Ord. 1254 Q 1 (part),
1982) ’
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- - EXHIBIT 5
DESIGN REVIEW BOARD RESOLUTION NO.239
A RESOLUTION OF THE DESIGN REVIEW BOARDOFTHEClTYOF
CARLSBAD, CALIFO~ APPROVING A NEGATIVE DECLARATION
FOR A LOCAL COASTAL PROGRAM AMENDh4JiNT TO THE VILLAGE
SEGMENT OF THE CARLSBAD LOCAL COASTAL PLAN WHICH
INCLUDES 1) REPEAL OF THE EXMJNG VILLAGE DESIGN
MANUALANDREPIdKEMENTOFTHEMANUALWKHANEW
MANUAL ENTITLED THE “VILLAGE MASTER PLAN AND DESIGN
MANUAL"; 2) MUNICIPAL CODE AMENDMENTS TO TITLE 2,
CHAPTERS 2.2~4 AND 2.26 AND ZONE CODE AMENDMENTS TO
TITLE 21, CHAPTERS 21.35, 21.41 AND 21.81 OF THE CARLSBAD
lMUNKIPAL CODE TO ENSURE JMPLEMENTATION CONSISTENCY
WITH THE NEW MANUAL; AND, 3) ADOPTION OF A HOUSING AND
REDEVELOPMENT COMMISSION POLICIES AND PROCEDURES
MANUAL.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN
MANUAL; IblUNIClPAL AND ZONE CODE
AMENDMENTS; HOUSING AND
REDEVELOPMENT COMMISSION POLICIES AND
PROCEDURES MANUAL.
CASE NO: LCPA 95-lO/ZCA 95lO/MCA 95-01
WHEREAS, the Design Review Board did on the 4th day of October, 1995,
continued to the 1st day of November, 1995 hold a duly noticed public hearing as prescribed
by law to consider the above described project; and,
WHEREAS, at said public hearing and upon considering all testimony and
arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Design Review Board considered all available
factors relating to the Negative Declaration on said project.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design
Review Board as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing and the
comments received, the Design Review Board hereby APPROVES the
Negative Declaration according to the one page notice and the EIA
Part II Form attached hereto and made a part hereof, based on the
following findings:
. . . . .
. . . . .
1
2
3
4
5
6
7
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h
DRB RESO. NO. 239
Page 2
Find&s:
1. The Design Review Board of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration (LCPA 95-10, ZCA 95-10 and MCA 95
Ol), the environmental impacts therein identified for this project and any
comments thereon received prior to approving the Project. Based on the EIA
Part-II Form and the comments received thereon, the Design Review Board
finds that there is no substantial evidence the project will have a significant
effect on the environment and thereby approves the Negative Declaration.
2. The Design Review Board finds that the Negative Declaration (LCPA 95-10,
ZCA 95-10 and MCA 95-01) reflects the independent judgment of the Design
Review Board of the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 1st day of November, 1995 by
the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
KIM WELSHONS, VICE-CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST:
EVAN E. BECKER,
HOUSING AND REDEVELOPMENT DIRECl-OR
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,- h
PLANNING COMMISSION RESOLUTION NO. 3824
A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION
FOR A LOCAL COASTAL PROGRAM AMENDMENT TO THE VILLAGE
SEGMENT OF THE CARLSBAD LOCAL COASTAL PLAN WHICH
INCLUDES 1) REPEAL OF THE EXISTING VILLAGE DESIGN
MANUAL AND REPLACEMENT OF THE MANUAL WITH A NEW
MANUAL ENTITLED THE “VILLAGE MASTER PLAN AND DESIGN
MANUAL"; 2) MUNICIPAL CODE AMENDMENTS TO TITLE 2,
(3MPDWS 2.24 AND 2.26 AND ZONE CODE AMENDMENTS TO
=E 21, m 21.35, 21.41 AND 21.81 OF THE CARLSBAD
MUNICIPAL CODE TO ENSURE IMPLEMENT ATION CONSISTENCY
WlTH THE NEW MANUAL, AND, 3) ADOPTION OF A HOUSING AND
REDEVELOPMENT COMMISSION POLICIES AND PROCEDURES
MANUAL.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN
MANUAL; ZONE CODE AMENDMENTS;
HOUSING AND REDEVELOPMENT
COMMISSION POLICM AND PROCEDURES
IMAIWJAL.
CASE NO: LCPA 95-lO/ZCA95-lO/MCA95-01
WHEREAS, the Carlsbad Redevelopment Agency has filed a verified
application for an amendment to the Local Coastal Program for the Village Redevelopment
Segment of the Carlsbad Local Coastal Zone (and for all properties located within the Village
Redevelopment Project Area) by adoption of a new Master Plan and Design Manual, zone
code and municipal code amendments to ensure consistency with the new manual, and
adoption of a Housing and Redevelopment Commission Policies and Procedures Manual; and
WHEREAS, said verified application constitutes a request for amendment as
provided in Public Resources Code Sections 30510 et seq; and
WHEREAS, said verified application also constitutes a request for amendment
of the Redevelopment Plan implementation as provided in the Village Redevelopment Area
Land Use Plan; and
. . . .
..*.
PC RESO. NO.3824
Page 2
. . . .
WHEREAS, the Planning Commission did on the 4th day of October,
continued to the 1st day of November, 1995 hold a duly noticed public hearing as prescribed
by law to consider said request for a Negative Declaration; and,
WHEREAS, at said public hearing and upon considering all testimony and
arguments, examining the initial study, and analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Planning
Commission as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the
Planning Commission hereby APPROVES the Negative Declaration
according to the one page notice and the EL4 Part II Form attached
hereto and made a part hereof, based on the following findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration (LCPA 95-10, ZCA 95-10 and MCA 95-
01), the environmental impacts therein identified for this project and any
comments thereon received prior to approving the project. Based on the draft
EIA Part-II and comments thereon, the Planning Commission finds that there
is no substantial evidence the project will have a significant effect on the
environment and thereby approves the Negative Declaration.
2. The Planning Commission finds that the Negative Declaration reflects the
independent judgment of the Planning Commission of the City of Carlsbad.
57
-
PC RESO. NO.3824
Page 3
. . . .
. . . .
PASSED, APPROVED, AND ADOWED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 1st day of November,
1995 by the following vote to wit:
AYES:
NOES:
ABSENT:
KlA4 WELSHONS, CHAIRPERSON
PLANNING COhdMISSION
ATTEST:
MICHAEL J. HOLZMCLLER
PLANNING DIRECTOR
EXHIBIT 6 .
DRAFT. OF VILLAGE MASTER PLAN
AND DESIGN MANUAL
EXHIBIT 7
DRAK OF HOUSING AND REDEVELOPMENT
COMMISSION POLICIES AND PROCEDURES MANUAL
C -
HOUSING AND REDEVELOPMENT
COMMISSION
POLICIES AND PROCEDURES
MANUAL
VILLAGE REDEVELOPMENT PROJECT AREA
CITYOFCARLSBAD msIoNREvlBwBoARD
g IS
QlbNoa LCPP W-10
C
INDEX
HOUSING AND REDEVELOPMENT COMMISSION
POLICIES AND PROCEDURES MANUAL
Policy # Title of Policy I Date Adopted 11
1 I Adoption of Commission Policy and Procedure Statements I I I 2 I Establishment of In-Lieu Fee Formula for Parking Program I
3 Outdoor Displays in the Village Redevelopment Area
4 Review of Redevelopment Project Applications
I -7 Economic Assistance and Incentives in the Village I I I Redevelopment Project Area I I
7
8
9
10
11
12
13
14 I
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Village Redevaopment Area
Housing and Redevelopment Commission
Policy Statement
General Subject: ADMINISTRATION
Specific Subject: Adoption of Commission Policy and
Procedure Statements
Policv No. 1
Date Issued:
Effective Date:
Cancellation Date:
Sunersedes No. :
Pane No.: lofl
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and
Redevelopment Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
Pumose:
To clearly identify policies and procedures of the Housing and Redevelopment Commission not covered by
ordinances, the Village Redevelopment Plan, and/or the Village Redevelopment Master Plan and Design Manual,
and to make such policies and procedures of the Housing and Redevelopment Commission readily available to all
concerned.
Statement of Policv:
The purpose of this policy is to establish the Housing and Redevelopment Commission Policy and Procedures
Manual. The Policy and Procedures Manual shall be in a loose-leaf form.
Policies and procedures of the Commission shall not conflict with any ordinances of the City, the Village
Redevelopment Plan and/or the Village Redevelopment Master Plan and Design Manual. All policies and
procedures must receive at least four (4) affirmative Housing and Redevelopment Commission votes to be included
within the Policy and Procedures Manual.
All policies and procedures shall be in writing and include, as required:
(1)
(2)
(3)
Background of the Procedure or Policy
Purpose of the Procedure or Policy
Statement of the Policy and/or Procedure
Procedure:
A. Any member of the Housing and Redevelopment Commission, the City Manager, the Housing and
Redevelopment Director or the City Attorney may place a proposed policy or procedure on the Housing
and Redevelopment Commission Agenda, provided that a written statement of the proposal is distributed
prior to Commission consideration.
B. The Commission may direct that a policy or procedure be developed and assign its creation to a member of
the Commission or the City Manager.
C. Prior to final adoption, the City Manager, in cooperation with the City Attorney, shall assign a brief title
and place the policy or procedure within a prescribed format. The prescribed format is demonstrated by
this policy statement.
D. Following adoption of the policy or procedure, the Manual shall be indexed and printed for general
distribution to the Housing and Redevelopment Commission officials and other interested parties.
E. For any policy or procedure which has a potential impact on coastal resources, the policy or procedure
shall be approved by the Coastal Commission in addition to the Housing and Redevelopment Commission
prior to it becoming effective.
Village Redevelopment Area
Housing and Redevelopment Commission
Policy Statement
General Subject: PARKING PROGRAM
Specific Subject: Establishment of formula for the In-
Lieu Fee Parking Program
Policv No. 2
Date Issued:
Effective Date:
Cancellation Date:
Suuersedes No. :
PaPe No. : 1 of 2
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and
Redevelopment Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
BACKGROUND:
The Village is the oldest developed portion of the City of Carlsbad and as a consequence is characterized by many
small lots under multiple ownership. This condition substantially inhibits creative and desirable building use
changes, expansion of successful businesses and the redevelopment of properties to more appropriate uses. Given
relatively high land costs, small properties are not able to generate enough revenue producing space as well as
provide the required on-site parking. In general, the basic parking requirements are reasonable based on parking
demand for various land uses. However, the Redevelopment Agency determined that an option needed to be
provided to developers/property owners for meeting the on-site parking requirements to encourage redevelopment
activities.
Upon adoption of the new Village Redevelopment Master Plan and Design Manual for the Village Redevelopment
Area in 1995, a new parking program was established which allows developers/property owners to pay an in-lieu
fee to cover a portion of the on-site parking requirement (up to 100% of the on-site parking in certain cases) for a
proposed redevelopment project. This allows a portion of the parking for a private project to be provided within
public parking lots throughout the Village Redevelopment Area. The developer/property owner, through payment
of the in-lieu fee, assists the Redevelopment Agency in providing the public parking to accommodate the demand
created by redevelopment projects.
PURPOSE:
The In-Lieu Fee policy has been established to allow developers/property owners the opportunity to make
payments to a parking trust fund which will be used to finance the provision/development of public parking at
existing facilities or facilities to be constructed at some future date to accommodate public need. The purpose of
this Commission policy is to establish the formula for setting the in-lieu fee.
POLICY/PROCEDURE:
The formula for setting the Parking In-Lieu Fee for projects within the Village Redevelopment Area shall be as
follows:
The In-Lieu payment for each parking space required to meet an on-site requirement for a private development
project shall be set at one-third (?4) of the estimated cost of producing a new public parking space within a two (2)
level (maximum) above ground parking structure.
The justification for setting the In-Lieu Fee Payment at one-third (1/) of the cost of producing a new public parking
space within a two (2) level above ground parking structure is 1) public parking is partly a responsibility of the
Carlsbad Redevelopment Agency; 2) public parking should be partially subsidized to promote redevelopment
activities; 3) in most cases, the Agency will be able to charge a fee several times for the same public parking space
based on the fact that public parking lots operate on a “shared use’ basis; some businesses have greater demand for
public parking in the morning, others in the afternoon and some in the evening.
Policy No. 2 .
h
Page No. 2 of 2
POLICY/PROCEDURE (CONTk
In addition, the parking spaces within a public parking lot shall remain “public” at all times. Businesses/property
owners paying the In-Lieu Fee shall noJ have exclusive or semi-exclusive use of any spaces within a public parking
lot. Therefore, they should not be required to bear the entire cost of producing a public parking space,
Due to the fact that it has been determined that the Redevelopment Agency should partially subsidize the
construction of public parking lots in the Village and at least two (2) business/property owners will be sharing the
cost of producing a single public parking space, a Parking In-Lieu Fee set at one-third (*A) of the cost of producing
a new public parking structure, including land costs, within a two (2) level above ground parking structure is
reasonable and appropriate. The estimated cost of construction for a two (2) level “above ground” parking structure
has been selected as the base figure for determining the Village Parking In-Lieu Fee for the following reasons:
0 High Land Costs within the Village. Due to high land costs within the Village of Carlsbad, it is more
cost effective for public parking lots to be constructed within structures rather than surface lots. Although
structures are actually more expensive to construct than surface lots, parking structures offer the
opportunity to provide a greater number of total parking spaces and ultimately reduce the per space land
cost for producing public parking spaces.
l Two Level Structure. A two (2) level structure was selected because in all likelihood, the Agency will not
construct parking structures which exceed two (2) levels above ground. A greater number of levels within a
parking structure would m be consistent with the “design vision” for the Village Redevelopment Area as
established within the Village Design Manual (1995).
0 UnderProundEubterranean Parkina Structure. Construction of underground/subterranean or semi-
subterranean parking was not considered to be an appropriate basis for setting the Parking In-Lieu Fee
because this type of parking is much more expensive to produce and most likely will not be pursued by
the Redevelopment Agency unless part of a private development project. If subterranean or semi-
subterranean public parking is produced as part of a joint development partnership between a private
developer and the Redevelopment Agency, the developer and/or the Agency will share in a greater
percentage of the cost of producing this parking. Therefore, a business/property owner wishing to
participate in the Parking In-Lieu Fee program should not be required to bear the additional cost associated
with constructing a subterranean or semi-subterranean public parking lot.
The Housing and Redevelopment Commission believes that the construction of a two (2) level above ground public
parking lot represents a “middle approach” for setting the In-Lieu Fee for the Village Parking Program. Although
the Parking In-Lieu Fee funds may also be used for maintaining existing public parking lots, including leasing or
purchasing of property related to those existing lots and/or general upkeep, the general premise for establishing the
formula for setting the fee is that new public parking lots will need to be constructed to meet the demand for
parking created by land use changes, intensification of land use, and/or new development within the Village.
Therefore, it is appropriate to set the Parking In-Lieu Fee at a rate which reflects the costs of new construction of
public parking lots.
All Parking In-Lieu Fees collected within the Village Redevelopment Area shall be deposited into a Parking Trust
Fund. The fund shall be administered by the Carlsbad Redevelopment Agency and shall be used solely for the
purposes of providing/developing public parking facilities within the Village Redevelopment Area.
The dollar amount and method of the In-Lieu Fee payment shall be fixed by a schedule adopted, from time to
time, by resolution of the Housing and Redevelopment Commission. The formula for calculating the dollar amount
of the fee shall be consistent with this policy.
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Village Redevelopment Area
Housing and Redevelopment Commission
Policy statement
General Subject: OUTDOOR DISPLAYS
Specific Subject: Establishment of criteria for types and
location of outdoor business displays
Policv No. 3
Date Issued:
Effective Date:
Cancellation Date:
Sunersedes No. :
Pape No. : 1 of 2
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and
Redevelopment Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
BACKGROUND:
Over the years, the number of businesses within the Village Redevelopment Area placing displays (including
clothes racks, food items, publications, etc.) outside their buildings and within the public right-of-way (on the
sidewalks) have substantially increased. Although outdoor displays often assist in the effort to maintain the
desirable friendly “village” atmosphere, concern has been expressed about the uncontrolled proliferation of these
outdoor displays within the public right-of-way. The concern has been related primarily to visual appeal of these
outdoor business displays and access to the public sidewalks. Due to the fact that great effort is being made to
create a Village which is “pedestrian friendly” and is aesthetically appealing, it has been determined by the
Housing and Redevelopment Commission that a policy is required which indicates how many displays a business
may place outdoors and within the public right-of-way, specifically on the public sidewalks, as well as the type of
display and its location.
PURPOSE:
This Outdoor Business Display policy has been established to set standards for 1) the number of outdoor business
displays permitted for an individual buisness; 2) the types of outdoor displays permitted for an individual business;
and, 3) the location of outdoor displays within the public right-of-way. This policy may be revised from time to
time to reflect changes in the desired standards for the outdoor displays
POLICY/PROCEDURE:
The following Outdoor Display Policy is established for the Village Redevelopment Area only:
1. Each individual business within the Village Redevelopment Area shall be allowed a single (1) business
display to be located outside the walls of the subject business building and within the public right-of-way.
This display may include, but is not limited to:
l A single rack of clothing or accessory items, including shoes;
0 A rack of magazines, newspapers and/or books;
0 A Flower or craft display cart; or,
l A table with various business-related items sold within the building, such as that used for a
“sidewalk sale”.
2. These business displays shall not contain any information which would routinely be placed on a business
sign located on the building such as the name or type of business, hours of business operation, business
logo, brand name information, etc. The business display may include a sign which indicates the price of
the display item(s) or simply indicates a “sale” on the item(s).
‘olicy No. 3
C. -
Page No. 2 of 2
POLICY/PROCEDURE (CONTh
1. An outdoor business display shall not exceed five (5) feet in height, 6 feet in width, and 3 feet in depth.
c 6’ +
Base: 3’ Maximum
4. An outdoor business display shall be placed adjacent to and parallel to the subject business building. These
displays shall not be placed adjacent to the street curb or perpendicular to the subject business building. A
clear area of at least five feet (5’) in width must be maintained for pedestrian use between the street curb
and the outer edge of the business display. A clear area of live feet (5’) in width must also be maintained
to building entries. A outdoor business display shall not encroach upon the building frontage of an adjacent
business. .
A single business display may consist of several individual business items, without a rack, cart, table or
shelf of some type. However, the various display items must be placed together in a single location in front
of, and adjacent to, the subject business building. The display items shall not be spread out along the entire
front of the subject building. Any single business display shall fit into an “imaginary box” with the
dimensions noted above (3’ wide X 6’ long). The height of any item within the display may not exceed
five feet (5’). Also, the display of items must be placed adjacent to building and allow five feet (5’) of
pedestrian walkway between the curb and outer edge of the widest display item.
If a business has outdoor tables located within the public right-of-way, no additional business displays shall
be permitted.
All outdoor business displays shall be located in a manner which does not cause an obstruction for
pedestrians and/or site distance problems for vehicles.
No outdoor business displays shall obscure or interfere with any official notice or public safety sign or
device.
All business displays within the public right-of-way shall be temporary. The displays shall be placed
outside during hours of business operation only. No permanent outdoor displays shall be permitted within
the public right-of-way.
10. All business displays shall be continuously maintained in a state of order, security, safety and repair.
11. All business displays shall be tasteful and assist in creating a top quality shopping environment. No display
shall contain obscene, indecent or immoral matter.
Village Redev -pment Area
Housing and Redevelopment Commission Policv No. 4
Policy %tement Date Issued:
Effective Date:
General Subject: REDEVELOPMFNT PROJECTS Cancellation Date:
Sunersedes No. :
Speciiic Subject: Staff Review of Applications for Page No.: 1 of2
Redevelopment Projects
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and Redevelopment
Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
BACKGROUND:
With adoption of the new Village Redevelonment Master Plan and Design Manual in 1995, the Carlsbad
Redevelopment Agency accepted the challenge to actively facilitate the approval and construction of desirable
redevelopment projects. In accepting this challenge, the types of redevelopment permits were expanded from two
(2) to three (3) types: Administrative, Minor Redevelopment Permits and Major Redevelopment Permits. In
addition the types of Coastal Development Permits were expanded from one (1) to two (2) types which are
consistent with the required Redevelopment Permits. The Administrative Permits were added which allow approval
by the Housing and Redevelopment Director; these permits do not require review by the Design Review Board or
Housing and Redevelopment Commission unless there is an appeal of the Director’s decision. The administrative
redevelopment and coastal development permits relate to new construction under $50,000 in building permit
valuation, provisional uses, interior and exterior improvements and/or land use changes which result in the
intensification of use of a property/building. New construction of buildings which exceed $50,000 in building
permit valuation shall require approval of a Minor or Major Redevelopment Permit and a Coastal Development
Permit, if applicable, by the Design Review Board and/or Housing and Redevelopment Commission. The types of
permits were revised to assist with more expeditious processing of redevelopment permits. The new system of
permits results in fewer projects which require action by the Design Review Board and/or Housing and
Redevelopment Commission.
All development on properties located in the Coastal Zone segment of the Village Redevelopment Area must
receive prior approval of a coastal development permit.
PURPOSE::
This policy establishes the procedures to be followed by staff to insure an orderly and expedited review of all
applications for minor and major redevelopment and coastal development projects which require consideration by
the Design Review Board and Housing and Redevelopment Commission.
POLICY/PROCEDURES:
It is the policy of the Housing and Redevelopment Commission to require that all applications for redevelopment
and coastal development projects have appropriate review before they are scheduled for consideration by the
Design Review Board and/or Housing and Redevelopment Commission. It is also the policy of the Commission to
ensure that, whenever possible, the process is expedited or completed as quickly as possible. In this regard, the
following procedures shall apply:
1. Before an application is submitted for a Minor or Major Redevelopment or Coastal Development Permit,
the applicant shall be encouraged to meet directly with the Housing and Redevelopment Director, or
appropriate staff member, to discuss the proposed project. During this meeting, the applicant will receive
instructions on how to properly apply for a redevelopment/coastal development permit. The applicant will
also receive preliminary comments on any issues which may be related to the proposed project and a copy
of the Village Master Plan and Design Manual which includes information on development standards, site
and building design guidelines and parking.
Policy NO. 4 Page 2 of 2
2.
3.
4.
5.
6.
7.
If so desired by the applicant, Housing and Redevelopment Staff will complete a complimentary
preliminary review of the site plan and building design, with assistance from other City departments,
before a formal application is submitted for consideration.
Once the formal application is filed with the City, Housing and Redevelopment Staff will coordinate review
of the application by appropriate City departments to determine its completeness for further processing.
Within thirty (30) days maximum, a letter will be forwarded to the applicant outlining whether or not the
application is complete and identifying any project issues which may need to be addressed by the applicant.
If the application is not complete, the letter will outline the items which must be submitted to complete the
application.
When the application is deemed complete, a more comprehensive review of the application will be
conducted by appropriate City departments. Staff will work closely with the applicant to resolve any issues
related to the project. Every effort will be made by Staff to quickly identify reasonable solutions to any
issues which may be created by the development standards established specifically for the Village
Redevelopment Area and/or the City as a whole. Staff will also work closely with the applicant to resolve
any design issues which may be related to the proposed project. Once identified issues are resolved,
Housing and Redevelopment Staff will prepare the appropriate project reports , including staff
recommendations , and forward them to the Design Review Board and/or Housing and Commission for
action. The Planning Department shall be responsible for completing the appropriate environmental review
and applicable documentation to be included within the staff report. The Housing and Redevelopment
Director shall set the agenda and schedule the project for review by the Design Review Board. The City
Manager shall set the agenda and schedule projects for review by the Housing and Redevelopment
Commission, as appropriate.
If staff and the applicant are unable to satisfactorily resolve specific issues related to the project within a
reasonable period of time, the applicant may request that the project application be immediately submitted
to the Design Review Board for. preliminary consideration. The Design Review Board will provide
instructions to the applicant and/or staff as to how the outstanding issues should be resolved or addressed.
In the report to the Design Review Board, staff shall outline the unresolved issues and indicate the manner
in which both staff and the applicant have proposed to resolve the issues. Within this report, there will be
no recommendation regarding approval or denial of the permit or conditions to be placed on the project.
This will simply be a working session which allows feedback from the Design Review Board regarding the
unresolved issues. Following this review and acting upon instructions of the Design Review Board, staff
and the applicant will finalize the project plans and application. The project will then be resubmitted to the
Design Review Board for final action, following consideration of any public input and review of
appropriate reports, recommendations, and conditions proposed by staff.
As required, the redevelopment/coastal development project application will then be forwarded with
appropriate reports and recommendations to the Housing and Redevelopment Commission for final action.
Once action has been taken by the Design Review Board and/or Housing and Redevelopment Commission,
the processing of a minor or major redevelopment or coastal development permit shall be complete. If the
application is approved, the Housing and Redevelopment Director shall issue the appropriate redevelopment
or coastal development land use permit. The applicant will then be able to complete the process for
obtaining applicable building and other permits related to construction of any buildings and on-site or off-
site improvements related to the project.
It should be noted that some coastal development permits are subject to appeal to the California Coastal
Commission. Specifically, those projects which are located within the “appealable” area of the Village
segment of the Coastal Zone. However, in most cases, the Design Review Board or the Housing and
Redevelopment Commission will be the final authority on land use permits for development projects within
the Village.
Village Reaevelopment Area
Housing and Redevelopment Commission
Policy statement
General Subject:
Specific Subject:
REDEVELOPMENT PROJECT AREA
Economic Assistance and Incentives in
the Redevelopment Project Area
Policy No. 5
Date Issued:
Effective Date:
Cancellation Date:
Supersedes No. :
Page No.: 1 of 4
Copies to: Housing and Redevelopment Commission, City Manager, City Attorney, Housing and
Redevelopment Director, Department and Division Heads, Employee Bulletin Boards, Press, File.
BACKGROUND:
Although the Carlsbad Village Redevelopment Area is relatively small (approximately 200 acres), there is a
significant potential for economic growth. The construction, renovation and improvement of property within the
area has provided jobs and enhanced real estate values for the residents of the area, and created tax revenues for
the City and Redevelopment agency. The primary purpose of the Redevelopment Agency is to encourage this type
of economic development and improvement in the quality of life in the project area.
From time to time the Redevelopment Area has the opportunity to attract business or promote development that
will provide a significant benefit in the form of increased employment, elimination of blight or blighting
influences, and/or the creation of significant tax revenues to the Redevelopment Agency and City of Carlsbad.
Many times there is no action required on the part of the Agency other than assisting to identify a potential site and
facilitation of the permit process. These efforts can succeed on their own without governmental assistance.
However, there are also times when the potential development justifies economic assistance or incentives to aid in
project feasibility and/or attraction of a project and its associated benefits. In these cases, the role of the Agency
may shift from being a facilitator to one of being a more active participant in the development as a lender or
investor using public funds.
The Agency has not generally been involved in providing financial assistance, or incentive type funding, to private
developers for projects in the Village. Although Redevelopment law permits the Agency to provide financial
assistance for projects which provide a public benefit and advance redevelopment objectives, the Agency has
focused its financial efforts to date primarily on public infrastructure improvements. With the direction to prepare
a Master Plan in 1992 for the Village, it was recognized that the Agency needs to take a more aggressive,
proactive approach to redevelopment. This change in approach to redevelopment in the Village was further
demonstrated by approval of the 19952000 Village Redevelopment Implementation Plan in January 1995, which
includes funding to facilitate private commercial development activities.
PURPOSE:
1) To establish a process and methodology for evaluating cases where economic assistance has been requested
for a development proposed for the Village Redevelopment.
2) To provide guidance to Agency/City staff for processing financial assistance requests and in making
appropriate recommendations to the Housing and Redevelopment Commission, and to provide information
to the development and business community on the types of assistance the Agency may consider and the
circumstances under which that assistance may be provided to a project.
h
Policy No. 5 Page No. 2 of 4
POLICY:
The Housing and Redevelopment Commission may consider extending financial assistance to a private development
project in the Village Redevelopment Area on a project by project, case by case basis. Before providing financial
assistance to a given development project, the Commission shall find that either 1) an economic need for the
assistance has been shown by a project that will further the goals of the Commission, or 2) an important public
benefit has been clearly demonstrated which is commensurate with the assistance to be provided to the project.
This policy establishes the assistance and incentive tools available to the Carlsbad Redevelopment Agency, the
evaluation process, measures and conditions under which those tools may be considered and utilized by the
Housing and Redevelopment Commission, and the process to be used in accepting and evaluating any request for
assistance.
The Commission’s policy on the use of financial assistance to private projects in the Village Redevelopment Area
shall be as follows:
1.
2.
3.
4.
5.
The Housing and Redevelopment Commission may consider assisting development in the redevelopment
area under the provisions of this policy when, in the Commission’s opinion, a development or business in
the Redevelopment Area will provide a significant public benefit to the Area.
The Housing and Redevelopment Commission shall have the sole discretion to approve or deny a proposal
for assistance under this program. The determination of the Commission shall be final.
The Applicant shall provide Agency/City staff with all information necessary to properly evaluate the
financial assistance proposal. The Housing and Redevelopment Director shall have the authority to request
information on behalf of the Commission as may be necessary to complete the evaluation.
The Applicant shall provide a full and complete disclosure of all individuals involved in the project,
whether owners, partners (general or other), investors, or stock holders.
All financial assistance requests/proposals for private development projects will be considered by the
Agency/Commission according to the following criteria:
A. Economic need for financial assistance demonstrated by the development proforma and operating
statements for the project. The financial information shall provide, at a minimum, the following:
0 Development Costs
l Sources of Funds (debt and equity)
l Operating Costs and Revenues
l Debt Financing Terms
l Net Operating Income
l Return on Investment (return on cost and equity)
Policy No. 5 Page No. 3 of 4
6.
B. The measure of direct economic public benefits generated by the porject. These include:
l The number of jobs created by the project and the benefit of such jobs to the Area and the
City.
l The amount of increased sales, property or transient occupancy tax to be received by the
Area and/or City as a result of the project.
C. Redevelopment Benefits which include ways by which the project serves redevelopment objectives
through:
l A specific instance of blight elimination or removal of a blighting influence demonstrated
by the project and the projected effects (aesthetic and fiscal) of removing such conditons.
l Creation of a use or uses which serve residents as well as visitors to the Area.
l The provision of other benefits to the Area which advance other specific objectives outlined
within the Village Design Manual and Master Plan Implementation Program for the
Redevelopment Area such as creating uses that are complimentary to others in the Area and
serve as catalysts with respect to other desired development activity.
The financial assistance or incentive tools that may be considered by the Housing and Redevelopment
Commission include non-economic or economic assistance in the following forms:
Non-Economic Assistance
l Permit Processing Assistance/Facilitation and/or expedited permit processing; and/or,
l Land use or Development Standards modifications
Economic assistance
l Deferred payment of City fees.
l Low Interest Loans.
l No-interest Deferred or Forgivable Loans with terms to be determined by the Commission based
on the evaluation of the subject development project.
l Grants
l Land write-downs
It is acknowledged as part of this policy that there is always some level of risk inherent in providing any
type of financial assistance or incentives to a private development project. However, every effort shall be
made by Agency/City staff to recommend assistance which is structured to minimize risk to the
Agency/Commission and place the Agency/Commission in a secured position with the opportunity for a
return on and/or a return of public funds as appropriate. All assistance will be appropriately documented
with the advice of the City Attorney and/or Special Redevelopment Counsel.
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Policy No. 5
PROCEDURES:
Page No. 4 of 4
1.
2.
3.
4.
It is the intent of the Commission that applicants under this program have an early opportunity for a review
of their proposal for compliance with this policy. In that regard, the Commission does hereby direct the
creation of the “Redevelopment Assistance Review Committee”. The Committee shall consist of the City
Manager, Community Development Director, Financial Management Director, and Housing and
Redevelopment Director (Chairperson). The Committee shall meet upon the request of the chairperson on
an as-needed basis. Committee review shall take place prior to the presentation of a proposal for assistance
to the Housing and Redevelopment Commission. Whenever such project is presented to the Commission, it
shall be accompanied by a report containing the findings and recommendations of the Committee made in
regard to the project. The Committee may require the applicant to provide any additional information
necessary to properly evaluate the request.
A project proponent desiring assistance from the Redevelopment Agency shall submit a
proposal/application requesting the consideration of such assistance to the Housing and Redevelopment
Director. The application shall be in the form required by the Housing and Redevelopment Director.
The Housing and Redevelopment Director, with the assistance of the Finance Director and other staff as
needed, shall prepare an analysis of the proposal/application and a recommendation for consideration by
the Redevelopment Assistance Review Committee. If the Committee recommends that the Commission
provide assistance to the project, the Housing and Redevelopment Director shall forward the
recommendation to the Commission for further consideration and action. This action may be taken prior to
approval of the discretionary permits for land use purposes or concurrent with these approvals, whichever
is deemed to be appropriate and recommended by the Committee.
Upon review of the proposed proposal/application for financial assistance, and after considering the report
of the Committee, the Housing and Redevelopment Commission shall determine whether or not to approve
the proposal/application.
EXHIBIT 8
LEGISLATIVE DRAFTS
ZONE CODE AND MUNCIPAL CODE
AMENDMENTS
. ter, the planning commission shail perform the
duties and have aU the rights, powers and privileges
specified and provided for by city or state law. (Ord.
9424 8 1, 1975: Ord 1020 8 6)
mission meeting If the matter receives a tie vote at
the subsequent meeting, the matter shall be deemed
denied.
234.065 General plan conformance--Time
for or waiver of report.
(a) The planning commission shall report as to
conformity to the general plan as required pursuant
to Section 65402 of the Government Code. When
such report is required as the result of a proposed
division of land or some other project for which
planning commission action is required, it may be
included as part of and at the same time as the
action taken by the planning commission on such
proposed division of laud or other project.
(b) Pursuant to subdivision (a) of Section 65402
of the Government Code, a report as to conformity
to the general plan is not required for a proposed
subdivision or other project which involves (1) the
disposition of the remainder of a larger parcel which
was acquired and used in part for street purposes;
(2) acquisitions, dispositions or abandonments for
street widening, or (3) alignment projects, provided
such dispositions for street purposes, acquisitions,
dispositions or abandonments for street widening, or
alignment projects are of a minor nature. (Ord. 9424
9 &1979
(d) Every commissioner should vote unless dis- ’ “““‘VJ
qualified by reason of conflict of interest. A com-
mission who abstains from voting ackuowledges that
a majority of the quorum may decide the question
voted upon. (OK& NS-135 3 1, 1991; Ord. 1247 5
1,1982, Ord. 1244 5 1,1982: Ord 1159 Q 1,1973) 7
224.080 Design review board designated
as planning commission for
certain purpow
henever in Title 21 it is provided that an action
or a decision on a project or permit shall be taken
or made by the planning commission and such per-
mit or project is processed according to Chapter
21.35 and consolidated in the redevelopment permit
under Section 2135.130, then the design review
board shall be the planning commission with respect
to such project or permit. m
LEGISLATPE DRAFT nma
. . . . . St .- . 1 2c &+#s+&e
’
.
(Ord. 1254 0 2, 1982)
55 (Caclsbd 11-91)
. * . +S , ,
234.070 Quorum and vote.
(a) Four members of the pkumiug commission
shall constitute a quorum for the transaction of
business.
(b) Except when otherwise provided by law, a
majority vote of the quorum shall be required for
any planning commission action, provided that a
recommendation for approval of a general plan
amendment shall be made by at least four affkma-
tive votes.
(c) Tie votes shall constitute “no action,” and the
matter voted upon remains before the commission
and is subject to further commission consideration.
If the commission is unable to take action on a
matter before it because of a tie vote, the matter
shall be again considered at the next regular com-
LEGISLATIVE DRAF (REVISED)
Chapter 2.26
DESIGN REVIEW BOARD -
VILLAGE REDEVELOPMENT
Sections:
2.26.010
2.26.020
Created.
Membership - Appointment -
Terms.
266.030 Meetings.
2.26.035 Offkers-Rule Adoption-Records.
2.26.040 Vote required.
2.26.050 Functions.
2.26.010 Created.
Pursuant to Title 21, Chapter 2 1.35, a design
review board for the Carlsbad village
redevelopment area is created. (Ord. 1254 § 1
w-0, 1982)
2.26.020 Membership - Appointment -
Terms.
The design review board shall consist of five
members appointed by the city council, three #$$J ‘:.:.““.’ ~~~~~~~ m the planning co~ssio~ ~~;;;(~~~~~~~resentatives of the village
. . . .* *- ~~~~~~~~~
~~~~~~~~~C, ._. . . . . . . . . . . . . . . . ..,, . . . . . :...g . . . . . _(...,.,...,. . . ..( . . . . > ,..... ;... >>> .:.):.:.):(.).; . . . . . . . . . ;. .,.,. ,., .,. .,. ,.,., . ..“.I ~~~~~~~~~~~~~.~~~~~.~~~~~~~~~
::.:.: . . . . . . . . . . . .._....._.. :.:.:.:.:.:.:.:.:.:.>:..:.:.:.: ,................ ~~~~~~~~~~~~~~~~~~~~~ ..‘.’ ‘--.‘-‘:‘:“‘:‘:‘:’ ~:~,:;~:‘:+‘;: ,,;.,~.i..:, ).,:.i~:.:,.,~.)-,~.: .:,:. :.:.:.:.:.:...:...:.:,:...: . . . . . . ..:i. :. . . . . . _... . . . . . . . . . . . .:.:.“..:.‘..:.‘-.:.; . . . . . . . . . . . . . . SThe
community development director, the planning
director, the housing and redevelopment director
and the city attorney shall be ex officio members
of the board. No ex officio members shall be
entitled to vote.
....... > .... > .... > .... >,...> .. / ..:. .......... . ..... . ... ... . ... . . ..... .>.. .. >. ... . ......
~~~~~~~~~~~~~~~~~~~~~
................................................. ~: ‘...‘.....‘...‘.‘.:. ............................... :.:.: ..:.~.‘:‘.;:.:.~ .............. . . . ................. ... .................. ..... ... .x ~~~~~~~~~~~~~~~~~~~~~~~~~~~
................. .*.. .................................................................................. ..:.>:.:.:.:.:: .: ......... :.:.:.:.:...:.:.:.:~:::::::~:~~:~~~~:~:.:.:.:.:.:. ~~~~~~~~~~~~~~~~~~~~~~~
.,.,.,.,.,. ( ~~~~g~~~~~~~~~~~~~~~~~~~
‘. “‘“““““‘~~“~“,‘,‘,‘,‘,‘,‘,‘,‘,‘,’,’,’...\.... i::l::::::::.::~::~:i~:~:~:~:~:~:~:~~.: :: : :: : : : : : ::.....:...:. . . . . . . . . . . . . . . ..i..... :::..i. . . . . . . . . . . . . . . . . . . . . . ..i............... :.~::::::~:::::::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~~:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.: .,.,.,.,.,., ~ ,.,., ~~g~~~~~~~~~~~~~~~~~
j;:::::::::::: . . . . . . . . . . :.:.:.:::::i:>:e . . . . . . . . . . . . . . . . . . . . . . i... :.:.:.: . . . . . . . . . . . . “......,.~.~.~.~.)
$ ,,..: . . “““‘“““““‘.“.‘.‘.‘~:,:.~:.:.: ,,.,,., i ,..,,, i’ ,,,, ;~,.~ ,,,,,:,,,.:,,, ~;~,,,i ,.~ ,.,,: ,,-,:,,,,, ~ ,..~ ,.,......
.:
.:i;;l~~:~~~~~~~~~~~~~~~~~
:*: ..‘.‘.‘,..‘.‘,‘.‘.‘.“.‘.‘.... . . ..i.. .\\\.. . . . . .i..,.i..,.i,.,.i,.,.i,., ‘:‘:.:.:.:‘:i :‘:‘:‘:‘:‘:‘:‘:‘:“‘.‘....... . . . ..I... . . . . . . ..i.. ~.~.~.~,:.~.:.:.~.j~,~.~.~.~.~‘~’~’::::::~:::::::::~.~.~.. ,.,...,.,......._................ :.:.:,:,:.: .:(.):(. ~:.:.):.:.:.:.:.:.:.:.:.:.: .:.:. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,,.:.:.:.:.:.: _, ,, ,_, _, . . . . . :.:.: i.;..,.;..,.;..,.r.)~.~.~.~.,.,.,,,,,.~.~,,,,, . . . . . . . . . . . . . ~~~:i;T~iji~ii~~~~~~~~~~~~,
::.:x.:.:.:.::.: ;‘;:::;;y~:, . . . . . . . . . . . . . . . :.:.:.:.:.‘...:.~.:.:;.~~>.~:~:~: :.:(.:,:.::::,:,.,:,~,~,.,. ~ ,:.):;.;.;,,, gcEG&+ : : : . . .> ,.,.: i-i.i:::i:i:i:i:-i::~:~:~~~~~~~~~~~~~~~~~~~~~~~~~
: : : : : : : . ..(...,.,.,.,. .,.,. ~~~~~~~~~~~~~~~~~~~~~~~~~~
.,. . . . . . . . . . . . . . .,.. . . . . . . . . . . . . . ..i. I. ..,................. I.. .A. . . . . . . ..i... . . . . . ..j....:.,)..:.):.:.
~~~~~~~ ::.:.:.:.:.:-: :-.>.:::. r” . . . . . . . . . . . . . . .,.,.,.,.,.,.,............. .,...............................~.,. ~,:,:.:,:.:.:.:.:.:.:.: .,:::,~:. ~~~~~~~~~~~~~~~~~~
.;,.. ,,.,.,.,.,,,.,:,, .,:,):;,;,, :yi :I. ::j:i:j:i:j::::i:(:i:I:i:i:i::.:.:~::::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ~~~~~~~~~~~~~~~~~~~~~,
. . . . . . . . . . . . . . . . . . : .._ . . . . . . . . . . . . . . . . . . . . . . . . !! .::: .._.._,,, ~~~~~~~~~~~~~~~~~~~~~~~~~~
:::y:::. .. ,...,..i....,.,.,.,.,.,.,.,._.,.,.,.,........,..( ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
..,.......,. ..:,:.:.,.:: < ,. ,.,. ,. ,.:: .\...,.,.,................................................,. i .A.. . . . . i... i............... . . . . . . . . . . . ..c... . . . . . . ..i_ .. . . . . . . . . . . . . . . . ,.. ,,,,,,,,,,,,,,,:,::
~~~~~~~
::: ::. . . ..i...~i...~i....l...... ./.. . ..i.l...
:(.j-.::.:.:.:.:.:.:.:.:.:.:.:.::::. . . . . . > . . . . . . . . . . . . . (,_, ,, ,, :)r:jiaiiiiiiaiii~~~~~~~~~~~~~~~~~~
““““““““‘““.‘~,‘,~,~,‘,‘,‘,‘,‘,‘,’,’,’,’.’.’..~....i...,...,., :,: ,.,._.,_,_,_ . . . . ::.:.:,:,~,;,:,~,;.:..: ‘,:,:,~:~::::::.:.;.:: . . . i ..,. :.:.:.;.:.:.:.:.:. . . . . :,:,:.:,:,:,:,:,:,: ,.;, ,..... . . . . . . . . . . . . . . . . .,. .,_,.,.. ~~,~~~~~~~i~~~~~~~~~~~~~~
._ ,.,.(.(.,.,.,_ ,.,.,.,.,.,.I .A.. ..I... ~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~ .‘.‘.‘;.‘.‘.‘.‘.‘i:‘~.;.~.~.;‘~‘:.;.;’~’~’~’;’~‘~‘:‘~‘~‘~,~’~’~’;‘;‘~.;‘;‘~‘;‘;‘~‘~.~‘;‘~‘:’;’~’~‘~‘~‘~‘;‘~‘~;‘;‘;‘:‘;‘;‘~.;’~~‘~’~
-:::-:x.: : .,.. .: . . . . . . . . . . . . ..i...... . . . . . . . . . . . . . . ,.... :...’ (Ord. NS-271 § 1, 1994; Ord. NS-169 § 3, 1991;
Ord. 256 § 2, 1982; Ord. 1254 3 1 (part), 1982)
2.26.030 Meetings.
The board shall meet regularly at least once a
month on a day and time established by board
rule. Any meeting held pursuant to design review
board rule, or any special meeting advertised as a
public hearing, shall be deemed a regular meeting.
The board may adjourn any regular meeting from
time to time at a time and place specified at the
regular meeting and any such adjourned meeting
shall be deemed a regular meeting. (Ord. 1280 5
1, 1985; Ord. 1254 § 1 (part), 1982)
2.26.035 Offkers - Rule Adoption -
Records.
The design review board shall elect from among
its appointed members a chairman and vice
chairman to serve for a term of one year. It shall
adopt rules for the transaction of business and
shall keep a record of the resolutions, transactions,
findings and determinations. (Ord. 1280 § 2,
1985)
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. (Ord. 1254 § 1 (part),
1982)
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 2.24.080 of this code on matters subject
to the provisions of Chapter 21.35.080 of this . . code e . QC B . @rd. 1254 § 1 (part),
LEGISLATIVE DRAFT - (REVISED)
Chapter 21.35
V-RVILLAGEREDEVELOPMENTZONE
Sections:
21.35.010
21.35.020
Intent and Purpose
Incorporation of
redeveloument ulan and ~ri~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .._.........i...
21.35.030
21.35440
21.35.050
21.35.060
21.35.070
21.35.080
21.35.085
design manual by reference.
Land affected by this
chapter.
Permitted uses. * . _,., .,. .,. m ggg$i$g[@##~ .
g#$@ General Regulations.
Redevelopment permit. M:nnr ~~~~~~~~~ . . . . . . _. . . . ,.,., .,.,..:..c.:,-.>i projects.
Permit application.
21.35.100 Design review board action.
21.35.110 Appeal to housing and
redevelopment commission.
21.35.115 Housing and redevelopment
commission action. ~~~~~~z~~.~~~~~~~~~~~~~~~~
21.35.120 Consolidation of other permit
requirements.
21.35.130 . w. ~~~~~~~. '.'...'..~ .'. 21.35.140 Compliance with other
provisions of this code.
21.35.150 Amendments.
21.35.010 Intent and purpose.
The Village redevelopment zone is intended to
establish land use 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 :>> ,.,. >,.>>.. .> ,.,. 3,.>>:...: . . . . . . . . _.. _.. .._.. .A. plan and of the village ~~~~~~~design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A.... . . . . . I.......
manual adopted pursuant to the redevelopment
plan as the zoning for the area designated.
21.35.020 Incorporation of
redevelopment plan and ._.,. (,.,_ ., .,.,._.,.(. ~~~,~~~~~~~~~, and :::::j:::: :,:.:.:. :I ..:.:.:.:.):.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.~,, ,.(..,./(.,.,.(. design manual by reference.
The Carlsbad village area redevelopment plan
as adopted by Carlsbad city council Ordinance . . . . . . . . . No. 9591 and he village ~~~~~~ . . . ,.,............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,.,. design manual as adopted by Carlsbad housing
and redevelopment commission Resolution No.
are her&y adopted by reference and
incorporated into this chapter. y
21.35.030 Land affected by this
chapter.
This chapter shall apply only to lands located
within the houndaries of the Carlsbad village
area, the boundaries 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 partrcular property in the village
redevelopment area shall he permitted. &Jr&
21.35.050 . ~~~~~~~~~
@fg . . . . . . . . / ,_,\ . . . ..i.. ..r... . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
Uses permitted as WEM%XI~ ~~~~~~ uses
by the Carlsbad village area redevelopment :.:.:.:.:.:.:.:.:...:.:.:.:.:.:.:.:.:.:. >:.‘.:.:.:.:.:.‘.‘.‘.‘....., plan and the village ~~~~~~~~~ design ‘.:.>>..>:i.>>y.>>:.> :.:., :.: ,,.....,...... i.:.:.:.:.:.:.:.: manual shall he permitted upon issuance of a
redevelopment permit approved according to
this chapter.
2135.060 General regulations.
Subject to the provisions of Section 21.35130
and except as otherwise provided by the
Carlsbad village redevelopment plan or the . . . . ): . . . . y.>..> . . . . :- . . . . :;;.:. . . . . . . . . _.. . . . village ~~~ design manual, the . . . . . . . . . . . . . . . . . . . . . . ., .,. ,......... regdati;ti..;;~..tiis..titi&.which apply to uses
generally or generally to all zoning
classifications shall apply to property and uses
in this zone.- ,
21.35070 Redevelopment permit.
~~~~~~~~~~~~~~~~~~~~
‘..,,.(,.... . . ..‘.‘.‘i.‘.‘.‘.‘. . . . . . . . .._.................................,.,.,...,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,., ,, ,, ,, ,, ..i_. .‘...‘....‘.....‘.‘.‘................................................,...................,.........,...,.....,...,.,..~.~, : :.:.:.:.>:.:.:o ‘.‘.‘.“...‘:.:.:.:.~: . . . ..(.........(.....,..,..,... ,. ., .+:,:.:,:,:.‘~ .:.:.,,:.:.:.:.:.:.):.~.~.~.~.~.~.~.,,,,,.,.
~~~~~~~:~~~~~~~~~ no ir ._. __. ._. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :.:.:.:.:.:.:.:.:.~:.:.:.:.:.:.:.:.:.:.:.~:.:.:.: .,...,.,... .,.,.,/.(...,.,. . . developmen&-
reGk%g shall occur in the area subject to this chapter without a redevelopment permit. firs&
i”‘:.:.:.:.:~:;:::;:;:::::::::::::’:”’:” .............. .... ........... ~~~~~~~~~~~~~~~~~~~~~ ..... !:!:i:~:~:i:~:~::::::::~:::.:.:::.:::::::::::::::::::::.:.’.:~.:.:.:.:.‘.:.:.:.:.,~ ....................................................... ... w :.:.:.:. . :.:. . :.:. .I.........: .. :,:.: .. ,.,.,.,.,.,.,.i,.,./_.,.,.~ ................. .,.,_,.,., ~~~~~~~~r~~~~~~~~~~~~~~ : ............................. . .......................... ..A.....:.:. :.:.:.........: ......... ........................................ ...(.) . :.:. . :.:,:,; ,:.,,,.,.;,,,.;:(.):.: ~~~;l.lan~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
.... .: ..... :.:. ...... ... .: .. ......... . . . . . . . . . ~,~~~~~~~ ......... . ..... . ..... . ..... . ..... . .................... :.:~..:.:~..:.:.:.:.:.:.:.:.:~:.:.:~:.:.:~:.:.:~ . :.:( ... . ..... . ........... . ..... . ...........
.... c. .......... ...... :t::: .... ............... ......... ................................ ....... .............................................. ,...;> ..d ................ ..... ................. ....... B~~~~~~~~~~~~~~~~~~~~~~~ ............................................................................... . . . . . . . . . . . . . . . . . . . ................. . .......... . . . . . . . .... ,.,.,:,:. :.:.:...:.:.:.: ..: ..:. ........................................................ ....... :.:,:,:.;:.:.: .... .: : :::::: : .... .i .::::::. ........... ~~~~~~~~~f~~~~~~~~~~~~~~~ ...... ... :.:.:.:.:.:.: .. :...:.:.:.: .: ................................................. ..............
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.:.:.:.:.: ................. : ...................... ~~~~~~~~~~~~~~~~~ . ...:.:::::::::::: .. ....... . ............. ... ............................................................. .......... ~~~~~~~~~l~~~~. .................
......................... ..... ........ ~~~~~~~~~~~~~~~~~
....................... ....................... ,.,., ...................................................................................... “i’ ,,‘,‘,‘,‘,‘,‘,‘, i” ,_, ,, .............................. ..~.~.)~.~.)~.~.~.~.~.....................~.~.~.~ ................ ~~~~~~~~~~~~~~~ .............. .................................... ..... .................... .1........... ..... : ..................... i’ . . ..... 8~~~~~ i*‘-;.;.: ;..:tY~~.;(.):(.;.:.:.~.;.~.~.; .~
~~~~~~~~~~~~~~~~~~~~~~~~~ ., ................. ................ .................................................... ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~:.:.:.~:.~.:.:.:.:.:. .................... .................... :...:::: ::: ::: : :: ... .:.:.:.):.:.):.:.):, pi :,:,:::::::::::::::: ~~~~~~~~~z~~~~~~~~~~~~~~~~ ............
.................... ~~~~~~~~~~~~~~~~~~~~~~~~
............... ....... :.:. ~i~~~~~~~ .... . ......................... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ................................ ................................. ):
: ,.,.,.,.,.: ..... :* ,.,.: .,.,.: ..... :.:.: . . i ................................. ......................................... ...........................................
21.35085 Permit Application
(a> An application for a redevelopment pe.& ~~~~~~~~~~~~~~~~~~~~~~ . ..~. ., ~ai~~~~P.i.iE~~~~~~ + . . . ...! ‘& . . . . Giai. ‘& . . . ...&. i.i..;d
owner or owners of the property, ibid ~~~~~~~~~~~~~~~~~~~~~~~~~~ on . . . . . . . . . . . . . . . . . . . . . . . . . . ,., ~~~i;.~~..~~ebp~~~~~~~~~~~~~~’
The application shall be filed with the director
director, and shall be w
............. ....... ~~~~~~~~~~~~~~~ ................... ............... 1:1:1:1:::1:1:1:::;1:::~ :y:::::::: j:::::‘...::::::::::::::::::::::::::::::::::.:.:.:.:.:.:.:.:.~~~: .. ..::y-:::.:.:::.:.:.:.:. ................................. ................ :.:.: ..:.):.:.............:.~.~.~.~.~.~.~.~ .:
~~~~~~~~~~~~~~~~~~~~~ :I:I:I:i:I:I:~:j:r:r::::::::I:‘:. .:(.:.:.~.:. j.j.j.j:: ............... .,.,.,.,.,.,.i,.,.,.,.,.,,, ,.,.( ........... . . ........... .: ......... :.:.:.:.:.:.:.:.:. .. ....... :.: ..... ... . ..~....:.:.:.:.:.:.:.:.:.:.:.:::::::j:.:.:.:.:...:.:.:.:.~:. ........... . ‘.‘,‘i :.:.:
~.~~~~~~~~~;~~~~~~~~~~~~~~~~~ (iiiiiiiB:~:.:.:c.:.:::.:::::.: ............................. >:;:::.::::::y::: :.: .:.:.:.: ......... :.:.:.:.:.:..~:.:.:::j:::::::::::::. .... :.:::::::;:~:;:;:;:;:$;:;:.;:;:&,, ~ ,.,.;
~~~~~~~~~~~~~~~~~~~
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~:~~~~ii::ili:~~~~~~~:~:~~~::li:::i::li : ................................ ..d. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ....... ..?. .................................................... :.:.:.:.:.:.::::::::i::t:j.. ... ... .. . . . . . .:.:.:: : .:;:::: ::: ::. ..: .... ..... . ..A. .: .: ... ................................................... ..A.. .:.:.:.:.:.:. :.:.: :.:.:.:.:. ............. ....................... .............. ....... ...... ................... ~~~~;;~~~~~~~~~~~~~~~~~~~
............. . ...................... ................... . . . . ............. . . . . ................................ x.::..:::.:.:::::.::>:.:.: .:. ..................... ........................................... ........................... ..................... ..: .: . ::::::.:.: ............ ~~~~~~~~~~~~~~~~~~~~
................ ~,~,j:.:.:.:.:.:.:.:.:.:.:::::::::::::::::::::::::~:~:~:~:~:~:~:~:~::::::~:::.: ..... .......................... :.)..:.):j::::j.:...:.:.::::::::~:...:.::::::::.:.:.:::.::::::::::::::::::::::::~.::.:.:.:: .: :.: . . ..~.I:.:.:.:. ......
~~~~~~~~~~~~~~~~~~~~~~d 2.::. .................. ............... :i”‘:‘:“‘:‘.:.:.:.:.:.:.:...: ... . .................... :.:. >:.:..:.: .: .............................. .............................................
.............. ............ . ..... . .... ,: ..... . .......................... ...
P-1 The application shall be accompanied
by a fee in the amount established by city .,. .,.,.,.,. ,., .,. ,. council res&tion. ~~~~~~~~~~~~ .v::. . . . ..I..... . . . . . . . . . . . . . . . . . . . . ‘,.,.,“,.‘,.,.,.,...............,.,~ ~~~~~~~~~~~~~~~ ‘,.,.,;.,.
,.,,,,,,, ::::::::;,v... ~~~~~~~~~~~~~~~~~:~~~~~~~ @&
..................................................... ..............
~~~~~~~~~~~,~~~~~~~~~~~~~~~
................ ................................................ ... ................................................. :.:.: ............... >:.:.:.:.:.:.::::::::::j:j :::::::j::::j::::j:,:.:.:.:; .:.: ::+,:( ..:: ,: ):( ....... .,.,._.,.,.,(, ~: (,
~~~~~~~~~~~S~~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... .: ......................................... I. . . . . ........ ...
~~~~~~~~~~~~~~~~~~~~~~
,.... ,.,_. _.i_.,_i,._.,.,. :.:.,.:). . . . .._I
:.,:.:.:
~~~~,l:k1:,i::1:;8.1:::~:~~~
.: ....~::::::~~~~~~~~~ .
............. ..... ........ ... ... ~~~~~~:~~~~~~
.............. .:. .:. ...................... ~,~.~.~,~,~,~,~~.~,~,~.:,~,~.::~:.:.: ... iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
i:::::::::::j::::::::~:::~:::::::::~:~::::::::::::::::::::::::::::::::::::::::::::::::::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ..... . ..... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
~~~~~~~~~~~~~~~~~~~~~~ :::::.:.:...:.:...:.:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:.:: : : .: :::. ..... . . ............................................................................................ ............ ..... .............................. ....................................... ..................... ... .*. ............. ~~n~~~~~~~~~~~~~~~ ....................... .,.,.,.i,.,., ........................................................................................................................ ..................~......~...~.....~ ~~~~~~~~~~~~~~~~~
.......... :.:.:.:.:.:.: ............... ......................... :.:.:.:.:., ................. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.: .: ~~~~~~~~~~~~~~~~~~ ............
............................................. .............................................. .............. .................................................................................. ................................. i‘ ........................................................ ............... . . ..~. ..: .,,,., ~~.~~~~~~~~~~~~~~ :y.v.. 0. y . ..>: (, .... . ::~~::.~p,,:-i~::i:j”:“:‘:‘::~~~~:.:...:..::::::.:...:.:.:.: ............................................................ ................... (f :.:.:.:.:, ~~~~i~,~~~~~~~~~~~~~~~~
.... .:::>..: ... .s,.: ............... ............... ........... ~~~~~~~~~~~~~’
:::::::::::::::j::::jX:::::::::::::::::::::::.:.:.:.:.:.:.:.:.:,:.: ..:.:.:.:.:.:.: .: ):.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~.:.:.:.:.:.: :.>:.>:.::. ............................................ $#!j~~(?j$g
................ .............. .............. .................. ....... ...................................... ~ ........ ~~~~~~~~~~~~~~
.:.:.: :.,.:,: :. ..: ... ......... ................. ................ .. .:.,: : :: ..........................
................... ................. ....................... .......... ................. .............. ........................................... e~~~:iLPI~~Q~~~~~
I ................................................... ..... .......................................................... .......................................................... ..........................................................
21.35100 Design review board action.
(a> The design review board shall hold a
public hearing on v
:.:.:.:.:.:.:.:.:.:,: ..... >,.: ....... i.:i;.;~~~~~i~i.;:i.~~~~~~~~~~~~~~~~~~~~ ................. :.:::.:::::j::::j::::j::::j:::::::::::::.::::::::::::::::::::::::~::~:~:~:~:~:~:~:~:~ ............. ~~~~~~~~~~~~ :.:.:.:.:.:.:
..... .: ........ C-L.: ....... :.:...:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .:, ................ ................................... ............................. _,,_, ...................... ,,“‘:::::i:. ............ :.;* ~~~~~~~~It~~~~~
......... ~~~~~~~~~~~~~~~~~~~~~~~~~~~
...................... ......................... .:.:.:.:.:.:(.............~.~. :.:. .......................................... :( :.:. ........... . ........... f.. .............................................. ..~.................................~.......~.~.~.~ .: ............ .)‘i....... . ..................................................................... ......... y#@jg&$; ................. ......................... ....................... ....................... ............ ................ ................................... ~~~~~~~~~~~~~~~~~~~
~~~. ... ./ ....... :.l..:?.: ... ... ... ..... ..... .:.:...‘.:...~.:.:...:.....:.~.~.:.......: ...... ... ......... . ..... . ...
.................... .... ::::::::::::::: ............... ... ................... . . . . . . ............... ...................... * ... ..... ............... ............................ ........ rjiiiriiiiiiiijx~~~~~~~~~~~~~~~~~~~~ .:.:.:.:.:.:.:.:.:.>:.:.>:.:.:.x.>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... ......... ......... ~ ................. ...........
......................................... ........ ~~~~~~~~~~~~~~~~~~~~~~
................ ................. ...
..Y .........
~~~~~~~~~~~~~~~
...... ..... .................... ..‘C .....
............................ :.:.:.:.:.:.:.:.:.:.~.):.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...:::::::::::::::...:.:.:.:.: .: ............ ..~...~~ ....... ..:.>: ............
~~~~:~~~~~~~~~~~
.......... ...............................
/ .................. .A.. ............................................... .....
............................................
.................................. .................................. .................................. ~~~~~~~~~~~~~~~~
..:.:...:.:.:.:.:.:.::j:~.:.:.:...~:~::.:.:::.:...:.: .. . .:.:.:.:.‘:.:.:.:.:.‘:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~:~:~:.:.:~:~:~~~:~.~:~:~~:~:~.~:~:~~~~.: .. .:.::,.,::.:.:.:.:.,.:.:.:.:.:.:.:.,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ......:.:.:.:.i: .: ;:.....:.: ... ..................... ........ .... : ...................... .:::::.
l~~ai~~~~~~~~~~~~~ .................... ......................................... ................................................................ . . . . . . . . . . . .: ... . . . . . .. . .... ................. ...........................
projects, the board shall consider the evidence
and by resolution report and recommend to the
housing and redevelopment commission
approval, conditional approval ekkgiwefeec
or denial of the project. Such resolution shali
state, among other things, the facts and reasons
why the board determined the approval,
conditional approval or denial to be consistent
with this chapter. m
. . eeRfRH66feR: The action to approve,
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 adoption of
the resolution.
21.35.110 Appeal to housing and
redevelopment commission
...................... .:.>>>: ........... .................. .............................. ............ ,,, ,:::::: : .............. .,: ....... . . . . . . . . . . . . . . . . . . . ..~.......:::::::::::::::::.:.:.:::::::::::::~:::::::::::::::::.:.:.:.:.:.:.:.:.~:.:.:.:...:.: . :,:,:;: J.. ...... ........................................ ~~~i~~~~~~~~~~ j~~j::.:.:.:.:.:.:.:.:.:.:.:.::::::::::::::::::::::::::::::::::.:.:.:.: ............... ..:.~.:.....: ............ . ....... . .............. . ........ :.:.:.:.:.:.:::::::::::::::::::::.:::::::::t::::::~::::::::::: ...................... .! :...: .. :.:.:.:. ......................................... . .... ............................ :.:.:.:.:p.:.>::>., :.:.:.: ............ .................. ........................ ~i:j::::j::::j::.:.:.:.:::.:.:.:::::::::::::::::::::::::::: .:.:,: ~~~~~~~~~~~~~~~ * ........................................................... ................. :.:.:. ........................ mwestd PW+W g@g@ wpealg a design review board decision on a minor project @ .................. :..:>.;. ....... ........... or w ....... ,., ,., ....... .................................................................. &e+p+e& by filing a written appeal with the .>_., .,.; ,.,_; ........ :_ ......... ...... city clerk within $@# te~~~~~ e&x&~ .......... ...................................................
21.35.115 Housing and redevelopment
commission action.
The housing and redevelopment commission
shall hold a public hearing o$i @@ . . . . . . . . . . . . . . . . . . . ...* ,.,.,.,.
ji:p.::.,> :.,,: ~~~~g!g, r&v&p&t petit f?& ,,, . . . . . :‘:‘:‘:+::. ~~~~~~~~~~~~~~~~B~~~~
&$g” :::i~8~:ili::~~~~~~~~~~~~~~~~~~ . . . ..’ .:..:..... ..:.::.A .A.. :..:....... _:: :.: ::. ..i,.,.i,.,.,.,._.,.,.,.,.,.,.,.,.,.,.,. .,.,. .,.,,,.,,,,,,,,, _, ,, ,, ,, ,::::::: :.... . ..A . . . . . . . . . . ..i... i....... . . . . . . . . . . . . . . . . ..i... .A.. i....... .A.. . . . . . . . . . . . . . . ..i...................... ,,.,.............,......... @
been $$$$$#$ appealed. ..:.
1 . . . . . . . . . . . . .\.,....... ~ ,.,.,‘.,.,.,~,~ ~XI~X~~~~~~~~~~~~~~~~~~~~
Fees for filing an appeal under this section
shall be established by resolution of the city
council.
................ ~~~~~~~~r~~~~~~~~~~~~~~~~
....................................... ............... . . ............................ :. ............................ ..... . . . . . . .. ..j..............:: ..... ................ ::,:,:,:,:,:,:,:,:,:,:,:,.:.:.: ::: ::: :.:.:.: ...... .... : : : : : : i: ... : ..... .““:.:.‘j.:;::::::,::::.:.: ..: .: :::::::::.:.:.:.x.:.: ~~,~~~~~~~~~~~~~~~~~~~~~~~~~ ::.:.:.:.:.:.:.: ... ,.:.:.:.:;:~:j:::‘::.:::::::::i:::::::::::::::::::::::::.:., ..v:.:.:;:L; .+.................................... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
~~~i~~~~~~~~~~~
21.35.120 Consolidation of other .,.,.,.,.,.,.,., permit~~~~~8~~~~~~~~~ -, :.:.:+~..:.:.:.:.:.:.“‘.’ ..l.i.l.i......./.i~: .,... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,.,., .: .,.,.,. :.:y ,.,.,.,.,.,.(.I ~~~~~~~:~i~!l~~ ,.,.
5 .:.:... . . . . requirements.
@ Whenever a project would require a
permit or approval under the provisions of this
title, notwithstanding 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 *e ~~~ ~~~~~ ., ,...__ ,._ :.:.:.:.:.:.:.:.: . . . . . . . . . ‘Vi.. .i :...:.:...:.:...:...:.: . . . . . . . . . . . . . . . ...\.. . . . . . :2~ ,,.,.,. ,.,.,., ,._, ~~~~~~ desrgn review.board and the .I.. . . . . . . . . . . . . . ..i...../.......... . . 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.
“‘“x@.ww .::‘:‘:.:.:.:::::&&ar
~:::::::::::::~::: j,i:j,il::iiji::l:i B ,
21.35.130
(a) The housing and redevelopment commission * #@ grant ~~*~iimits, .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. restrictions and controls established by this
chapter for major redevelopment permits if the
commission finds that:
(1) The application of certain provisions of
this chapter will 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;
(2) 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;
(3) The granting of B ~~~~~
will not be injurious or materially detrimental
to the public welfare, other properties or
improvements in the project area; and
(4) The granting of a- .\...... . .._.. . . . . L$g#jgm . . . . . . . . . .,.,. ,.,.. .,/.,...,... _...... will not contradict the standards establishedin
the village master plan and 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 the code.
Projects developed pursuant to this chapter
shall be subject to ~~~~~~~~~~~ ~m~~~~~~~~~~~~~~~~~~ : . . . . ../..........I. i..... . ../.............. ..i.. ..i, . . . .A., .,. ;>:x.:.:.:.‘.: :j.::~:::::::::::~:~:~~:~:~:~:~:~:::.:.:.:::::::::::::::::::~~:::::~::::~::~::‘,~.: :,:.:,: :,:; ,.,.,. .,.,.,.,.,.,~(,) ~:~l~~~~~~~~~~~~~~~~~~~~~ .-....:.i:.: :. .:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. .A.... i..... . . . . . . . . . . . . . . . . ..i. . . . . . . . . . . . . . . . . . . . . . . ,.,.. all other applicable provisions of the Carlsbad
Municipal Code, including but not limited to
ckese #@ provisions of Titles 18, 19 and 20.
21.35.150 Amendments.
Amendments to the Carlsbad village area Edevelopment plan or fie village ~~~~~ $&$design manual shall be deeme.-gf=g. .‘.‘.‘.‘.‘.‘.‘.‘. :.:.:.:.:.:.:.:.:.:.: amendments to this chapter; provided,
however, that such amendments are processed
and noticed in a manner which meets the
requirements of Chapter 21.52 of this code. Amendment of fie village ~~~~ . . . . . . . . . . . ..L.. . . . . . . . ..i... . . . ..i............... ../..._/./.l. 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, /Acrl(ll;?n ,
LEGIZATIVE DRAFT
Sections:
21.41.010
21.41.015
21.41.020
21.41.030
21.41.040
21.41.050
21.41.060
21.41.070
21.41.074
21.41.075
21.41.076
21.41.080
21.41.081
21.41.082
21.41.083
21.41.084
21.41.085
21.41.086
21.41.087
21.41.088
21.41.090
21.41.100
21.41.110
21.41.120
21.41.130
Chapter 21.41
SIGNS
Application-Violation.
Removal of nonconforming
signs.
Conformance with sign code.
Definitions.
Signatures required on
application for sign permit.
Prohibited signs.
Exemptions.
Height limitations.
Service station price signs.
Additional community identity
and freestanding signs.
Temporary community
directional signs.
Time limit for conformance of
existing sign:
Removal of amortized signs.
Declaration of amortization-
Notice of removal.
Removal of sign after notice.
Application for extension of
time for removal.
Council action.
Notice of decision.
Decision final. .
Special provisions for certain
off-premises advertising
displays.
Sign removal when use
discontinued.
Conditions for bench
advertising.
Campaign signs-Purpose and
intent of provisions.
Campaign signs-Permitted
when-Regulations generally.
Campaign signs--Size
regulations-Residential zone
regulations.
21.41.140 Campaign signs In public right-
of-way.
21.41.150 Campaign signs-Time limit
for posting and removal.
21.41.160 Campaign signs-Sign permit
required-Scope-Removal
authorized when.
21.41.170 Constitutionality.
7bis chapter. originally numkrcd 1l.40 in the cutxnt codifica-
lion. was renumbered to Il.41 by m. 9386.
21.41.010 Application - Violation
(a) ’ The provisions of this chapter shall
apply generally to all zones established by this : ,. ..: .:; . . . . . . . . . . . . . . . . -. : .: ‘::~: ..,. *......... .: ., Fit!~~~~~~,~ ~~~~~,i~~~~~~~~~::of:.~ .‘:‘:v;;f:.:::: . ..., :( ..,“ii:.~,)..; :.:.:,;., .:..) .:.:..,...... ,... ::: . . . .: . . . :‘...:: ~~~~~~~~~:~~~~~~:~~~~~~.~,~~ jr&f ~~~~~~~~~~~~~~~~~~~~...“““““‘...- .“’ . . .._. ,. :. . . . ..,.. . . . . . . . L . . . .A.. . . . . . . . . . . .::.. ..I ..\........A. . . ..i :./.. 09 It is unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert,
demolish, equip, use or maintain any sign ’
within the city, or cause or permit the same to
be done, contrary to or in violation of any of
the provisions of this chapter. Any person,
firm or corporation violating any of the
provisions of this chapter shall be punished
according to the provisions of Chapter 1.08 of
the code. And each such person, firm or
corporation is guilty of a separate offense for
each and every day or portion thereof during
which any violation of any of the provisions of
this chapter is committed, continued or
permitted. In addition, any sign maintained,
used or permitted contrary to the provisions of
this chapter shall constitute a public nuisance.
(Ord. 9674 6 3, 1983: Ord. 9386 8 2 (part),
1974; Ord. 9224 0 1 (part), 1969: Ord. 9060 #
2600)
21.41.015 Removal of nonconforming signs.
Signs or parts thereof, including sign supports,
not conforming to the requirements of this co&
shall be abated as prescribed by law. (Ord. 9608 #
4 (part), 1981)
21.41.020 Conformance with sign code.
All signs and sign structures shall conform to
all provisions of Chapter 18.20, as amended.
(Ord. 9386 9 2 (parti, 1974; Ord. 9224 6 1 (part), 1969: Ord. 9060 8 2601)
-
-
LEGISLATIVE DRAFT - (REVISED)
21.81.010 Definitions
21.81.020 Permit required.
21.81.030 Development exempt from
coastal development permit
procedures.
21.81.035 Repair and maintenance
activities requiring coastal
development permit.
21.81.040 Application.
21.81.050 Duties of director of bumming . ~~~~~
~~~~.
~~~~~~~~~~~~~~~~~~~~~~ .:.:.:.:.:.:.):.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~:~:~:~:~:~:~:~:~~~~~~~~~~~:.: ~~~~~~~~~f~ ~~~~~~~~;C~~~~~~~gn 21.81.060
21.81.070
21.81.080
21.81.090
21.81.100 21.81.110
21.81.115
21.81.120
21.81.130
21.81.140
21.81.150
21.81.160 21.81.165
21.81.170
21.81.010
review board.
Design review board action.
Appeal of Carlsbad design
review board decision.
Housing and redevelopment
commission action.
Public hearings.
Appeals to Coastal
Commission.
Coastal development permits
issued by Coastal
Commission.
Notice of final local action.
Effective date of permit.
Review of recorded
documents.
Applications for emergency
permits.
Expiration of coastal permits.
Amendment to coastal
development permit.
Severability.
Definitions
Chapter 21.81
COASTAL DEVELOPMENT PERMITS -
VILLAGE REDEVELOPMENT AREA
Sections:
ba) Coastal Zone. “Coastal Zone” is
defmed as that portion of the Carlsbad coastal
zone located within the area of the city
described on the Carlsbad village area
redevelopment plan as adopted by city of
Carlsbad Ordinance No. 9591 and shown on
the map entitled village redevelopment area
segment of the Carlsbad coastal zone dated
December 19, 1983 and on file in the land use
planning office.
(b> Coastal Commission. “Coastal
Commission” means the California Coastal
Commission.
Cc) Development. “Development” means
on land, in or under water, the placement or
erection of any solid material or structure;
discharge or disposal of any dredged material
or of any gaseous, liquid, solid, or thermal
waster; grading, removing, dredging, mining,
or extraction of any materials; change in the
density or intensity of use of land, including
but not limited to, subdivision pursuant to the
Subdivision Map Act and any other division of
land, including lot splits, except where the land
division is brought about in connection with
the purchase of such land by a public agency
for public recreational use; change in the
intensity of use of water, or of access thereto;
construction, reconstruction, demolition, or
alteration of the size of any structure, including
any facility of private, public, or municipal
utility, and the removal or harvesting of major
vegetation other than for agricultural purposes,
kelp harvesting, and timber operations which
are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the
Z’berg-Nejedly Forest Practice Act of 1973
(commencing with Section 45 11). As used in
this section, “structure” includes, but is not
limited to, any building, road, pipe, flume,
conduit, siphon, aqueduct, telephone line, and
electric power transmission and distribution
line.
C-0 Major Energy Facility. “Major energy
facility” means any energy facility as defined
by Public Resources Code Section 30107 and . . ,:, .( ,:, .,: ,)’ .,_,._., .,. ,., .,. ,. ,. exceeding #+ $#$&#$#&~ thousand dollars in . . . . . . . . . . . . . . . . . . . . . . ; . . . estimated cost of constructron.
(e> Major Public Works project. “Major
public works project” means any public works
project as defined by Title 14 California *. . e Code ~~l~~~~ Section _I...... i... . . . . . . . . . . . . . . .A.......... . . . . . . . .:.:.:.:.:.:.:.:.:.: . . . . . ..i...... . . . 130 12 and exceeding fifty ~~&+#&@
thousand dollars in estimated cost of
construction. @rd. 9?!- ,
21.81.020 Permit required.
Unless a development is exempt from coastal
development permit procedures pursuant to
Section 2 1.8 1.030, no development shall occur
in the coastal zone without a permit having
first been issued according to the provisions of
this chapter. (QrGWT$ !, 1986+&l. 9?!4-§
21.81.030 Development exempt from
coastal development permit
procedures.
Categorica 1 Exclusions.
A permit issued for a development
which is categorically excluded from the
coastal development permit requirements
pursuant to California Public Resources Code
Section 30610, shall be exempt from the
requirement of this chapter. e
(2) The city council may designate by
resolution, after a public hearing, categories of
development which have no potential for any
significant adverse effect, either individually or
cumulatively, on coastal resources or on public
access to, or along the coast. Development
which has been so designated shall be
categorically exempt from the provisions of
this chapter. The designation of any categorical
exemption shall not be effective until the
exemption has been approved by the Coastal
Commission. The planning director shall keep
a record of all permits issued for categorically
exempt projects as specified in subsection
(a)(l) of this section.
(b> Exempt Projects. In addition to those
projects categorically excluded pursuant to
subsection (a), the following projects are
exempt from the requirements of a coastal
development permit:
(1) Improvements to existing single-family
residential building except:
(4 ~~~~~~~~~~~~~~~~~ :... .(./. .s.. . . . . . . . ..i..................................,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,,,.,.,.,,,,,,,, .,. . . . . . . . . . . . . . . . . . . :.:.:.:..~:~:~:~:~:...~:.:.:.:.:,:,.,.,.,.,.,.,.,.,. . . . . . . . . . . . . . . ;, _. ._. ._. ~~~~~~~ where fie r=ldence or ,,.,.,: ;i~~&a...impri~;;~ent would encroach within
fifty feet of the edge of a coastal bluff.
m 9
u-3 Any significant alteration of land forms
including removal or replacement of vegetation
on a beach, wetland, or sand dune, or within
fifty feet of the edge of a coastal bluff except
as provided in subsection (b)(3).
For the purposes of this section an
existing single-family residential building shall
include all appurtenances and other accessory
structures, including decks, directly attached to
the residence; accessory structures or
improvements on the property normally
associated with residences, such as garages,
swimming pools, fences, storage sheds but not
including guest houses or self-contained
residential units; landscaping on the lot. X%est
(2) Improvements to existing structures
other than a single-family residence or public
works facility except: .i_/.i,.,,_ (4 ~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . .._................................ _................................... .,.,. f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R ~~~~~~~~~~~~ Wh&$ .fie :.:.:.:.:...:.:.:.,.:.:: ./,...,.,.,.,.,. y.:.:.::::::::::::::::::::::::::::: ,,,............................: . . . . . . . . . . . . . . . . . . . . . . . structure or improvement would encroach
within fifty feet of the edge of the coastal
bluff.
03 On property located between the sea
and the first public road paralleling the sea or
within three hundred feet of the inland extent
of nay beach or of the mean high tide of the
sea where there is no beach, whichever is the
greater distance, any improvement to-a
:*:‘,:‘> ,.:.:. :;- ,._. :_,.>,.> ,.,. > ..,. >,. .>,.. . . . . .\. . . . . . . ;.; ,.,. > ,.,.? ,... > ,...: .,,..,. >:.:...>: .;,. > ,.,.,.,.,. > ~.~;:.:.‘:.:.):.:.:.:.:.:.:.. .i.... . . . . . . . . . ..i.. ~li~~:~~~~:~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . ..i .,.:...... :.............. . . . . . . . . . . . . .._................ ::::::::::.......... “““““““yy ,.,.,.,.,.,., ,.,.,.,.:.,.~.:. ....(.................. ..:. :; ...:.:...:.:.:.i:.~.:,: (.):.:.:................. ~~~~~~~~~~~~:~~~~~~ .,.(.(.,.,. ,.,.,. ,., .,. ,., .,. .; ,., .,.,.,.,.,.,.,. ,...,. ,., ,., .,. ,.,.,.,.,. .‘A’.‘.... ..I. .. ~~~~~~~~~~~~~~~~~~~~~~~ .:.:.:.:.:.:, ,.:.:.:.:.~:.:::::::::::::::::::;;::::::~:::~::::::::~::::::::::.:.:.:.:.:., . . .._.._.._. :.:.:.:.:.:.:.:.:::::::j::::::.::i:::.:::::::::::::::::::::::::;::~;:.:;.,:~.:~::::::, .. ... .,.,.,.... .;.... .., ...._..,.,.i,..,.,.... . . . . . . . . . . . . . ..i... i....... :.:.:.:...> . . . . . . . . . . . . . ~~~~~~~~~~~~~~~~~~~~~~~~~~~ .::.>:.:.> i,...,....., :.: .,.,.,.( . . . . . . . . ../.i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..i . . . . . . . ..i...i.._i..........................._. .;:.:.:.: i......... . . . i....... ):.:.:.:.:.:.):.:.):.:.:.:.:.:.:.:.:.:.~ . . . . . . . . . ~sr~~~~~~~~~~~~~~~ . . . . . . . . . . . . . .._.......... .::::: .,.,. / ,.,., . .._............................ :.:.:.:.:.:.:.:.:.i’li’i’ii’ii”“l’l’:’:’:.:.:.~ ~~~~~~~~~~~~~~~~~~~~~~~ ‘::::::::::::: .+ ,: ;:: _..................l......................... . ..i . ..i . . . . . . “““““‘“‘.‘.~~:::::::::::::::~:~:’.~.:.:.:.:-::~:~~.:,...~.:,~.;.: . . ..i. .,_i,.,.i,.,.i,.,.i,.,.......... . . . . . . . . . . . .,.,..... ~. ._.,....... : : : : : : : :: :.~ ,.,. ._.,.,.,.,. ~ ,.,._. :+ ,_,.,_ > ,.,. ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~‘;.
intensity of use of a structure; and
@I Any significant alteration of land forms
including removal or placement of vegetation
on a beach, wetland, or sand dune, or within &+ ~~~ feet of the edge of a coastal . . . . . . . bluff’;~~~~~cept as provided in :.: . . . .i.........,. :.:.):.:.:.:.:.:.:.):.~:.~.:,~:,?,. subsection (b)(3) of this section.
(3) The following improvements are
exempt from the requirements of a coastal
permit regardless of location:
(4 Landscaping on the lot unless the
landscaping could result in erosion or damage
to sensitive habitat areas;
0% Additions resulting in a cumulative I. i.. i... i..... increase of less &&&@j ten percent of the .:.:..; . . . . . . ..i... internal floor area of an existing structure;
0 Repair or maintenance activities not
described in Section 21.81.035 u,
@> Activities of public utilities as specified
in the Repair, Maintenance and Utility Hook-
Up Exclusion adopted by the Coastal
Commission, September 5, 1978, and as
modified from time to time. @rd. !??w ,
21.81.035 Repair and maintenance
activities requiring a coastal
development permit.
(4 The following repair and maintenance
activities require a coastal development permit
because they involve a risk of substantial
adverse environmental impact:
(1) Any method of repair or maintenance
of a seawall, revetment, bluff retaining wall,
breakwater, groin, culvert, outfall, or similar
shoreline work that involves:
(4 Repair or maintenance involving
substantial alteration of the foundation of the
protective work including pilings and other
surface or subsurface structures;
03 The placement, whether temporary or
permanent, of rip-rap, artificial berms of sand
or other beach materials, on a beach or in
coastal waters, streams, wetlands, estuaries and
lakes or on a shoreline protective work except
for agricultural dikes within enclosed bays or
estuaries;
(C) The replacement of twenty percent or
more of the materials of an existing structure
with materials of a different kind; or
03 The presence, whether temporary or
permanent, of mechanized construction
equipment or construction materials on any
sandy area or bluff or within twenty feet of
coastal waters or streams.
(2) Any method of routine maintenance
dredging that involves:
(A) The dredging of one hundred thousand
cubic yards or more within a twelve-month
pelkd;
@9 The placement of dredged spoils of any
quantity within an environmentally sensitive
habitat area, on any sand area, within fifty feet
of the edge of a coastal bluff or
environmental1 y sensitive area, or within
twenty feet of coastal waters or streams; or
(0 The removal, sale or disposal of
dredged spoils of any quantity that would be
suitable for beach nourishment in an area the
Commission has declared by resolution to have
a critically short sand supply that must be
maintained for protection of structures, coastal
access or public recreational use.
(3) Any repair or maintenance to facilities
or structures or work located in an
environmentally sensitive habitat area, any sand
are4 within fifty feet of the edge of a coastal
bluff or environmentally sensitive habitat area,
or within twenty feet of coastal waters or
streams that include:
(A> The placement or removal, whether
temporary or permanent, of rip-rap, rocks, sand
or other beach materials or any other forms of
solid materials;
(B> The presence, whether temporary or
permanent, of mechanized equipment or
construction materials. All repair and
maintenance activities governed by the above
provisions shall be subject to the permit
regulations promulgated pursuant to the
California Coastal Act o 1976, including, but
not limited to, the regulations goveming
administrative and emergency permits. The
provisions of this section shall not be
applicable to those activities specifically
described in the document entitled Repair,
Maintenance, and Utility Hook-ups, adopted by
the Coastal Commission on September 5, 1978.
(3) Unless destroyed by natural disaster,
the replacement of fifty percent or more of a
seawall, revetment, bluff retaining wall,
breakwater, groin, or similar protective work
21.81340 Application.
Application for a coastal development permit
shall be made in accordance with the
procedures set forth in this section.
(a) An application for a permit may be
made by the record owner or owners of the
property affected or the authorized agent of the
owner or owners. The application shall be filed
with the director of * * upOn forms provided by *~~
-
09 At the time of filing the application the
applicant shall pay a processing fee in an
amount specified by city council resolution.
(cl 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
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 case infringe upon
the free exercise of the powers vested in the
city as represented by the Design Review
Board and the Housing and Redevelopment
Commission.
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
appropriate fee or fees have been paid.
60 Whenever the development would
require a permit or approval under the
provisions of this title, notwithstanding this
chapter, the application shall include sufficient
information to allow review of such permit or
approval. Application for all permits or
approvals under this title and the coastal permit
may be consolidated into one application.
the application contain a description of the
feasible alternatives to the development or
mitigation measures which will be incorporated
into the development to substantially lessen
any significant effect on the environment
which may be caused by the development
21.81.050 Duties of director of #H&&M
- ~~~ -
~~~~~~~~
.:.:. ........................................... ..:. +:::::::: :,:,:.:.:,: :.::::::::~ :I._:. ... .:. .: ..i. I.’ ,:: .::. ......................
~~~~~~~~~~
(a> After the application has been accepted
determine if the project is exempt from the
requirements of this chapter pursuant to
Section 2 1.8 1.030. No permit shall be required
for a project which is exempt from the
requirements of this chapter.
. . . .
~~ ~~ ............................................... ...............................................
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The &rector &ail ~3~~~~~~~~~~
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::::::::::::::::::::::::: ............. ~~ZisiIl~~~~~~~~~~~~~ ............... ~~~~~~~~~~~~~~~~~~~~~~~ il:i:i:i:i:l::::.::::::::::‘i :.:.y:::::.: .............................. ............. ........... :: : :: :::::. ::: :.:.:.:. ..:.:. :.:.:.:.:. ..: .: .:.:.; ........ :.:.:.:.:.:.:.:i.:. .... :,> .......... airi~~~~~~~~~~~~~~~~~~~~ ...............
il:si:i:i:i:i:i:~::::::::i:j:::::::::::: ... . . . ......... .................. :::::::::::::::::::::::::‘::............~.~:..:.~~.~~~::.:.:.:.:.:...:.:.:.:.:.: .: .... .................. ~m~~~~.~~~~~~~~~~~~~~~ ......................................... .................................................... :. ...... :.:.:.:::::::::::::::::...:~:::::~::::::’.~:::::: ,., . . ....... . i:...:::::::::::::::::~: .................................................................................... .. ):. . :.: .................................................................. ...................... .................... ~~~~~~~c;~~~~~~~~~~~~~~~~~~ : ................... ...... ................ ............................... .............................. ............................................................ ...................... ............... ............................... .....................................
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ma+& @@&&does not qualify for an . . . . . . . . .A.... .A.. * exemption, an administrative mm$ or an . . . . . . . . . . . .
emergency permit then the &rector shall set the
matter for a public hearing before the design
review board. The coastal permit may be set
for hearing concurrently with any other
........ . ........ ............... ~~n~~~~~~it Qln~~~~~~a’l.‘or *e project.
............. .................. .............................. ............................... ............... ..... ...... ..............................
-.
Transmittal of @ design
review board.
Unless the development is exempt,-
~~I~: for @# emergency permit, ~~~~~~~ ~~~~~~~~~~~~~~~~~~~~“““’
~~~~~~~~~~~~~~~~~~..shaii’..iransmit
,......._.../_.,.,.,. >:.:.:., ,_.,....i.,.,......._.,.,~.., ,..~,.,\/ :.:.:.:.:.: .,., the application, together with a
recommendation thereon, to the design review
processes have been completed. An application
for a coastal permit may be considered in
conjunction with any other discretionary permit
~~~~~required for the project.
21.81.070 Design review board action.
After a public hearing the design review board
may approve, conditionally approve or deny
design review board finds that the development
is consistent with the provisions of the local
coast* program for fie coam1 zone @$&f .................... .... .:. * ......... ~~~~~::a~~~~~~tri~~~~~~~~ ’ .:.:.: ................................... :.“.::“.:~.‘.‘.~...:.:.:.:.~:.:.:.:.:~~:<.: .: j&.&&~ . . . . . . . . . . . . ............ ..................... :.:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: .............. ........................... ,, ,, ...... ............. .i ,:,: ~,: :,:, . :.:.:...: .. ...... .::::.:.:.:.:.:.:.:,:,:.::‘-:.:::::: ““’ ~~~j :.:.::: ,.ii.:.:;:::I:,l;.,i~:~~~~~~~~~~~~~~~~~~~ ........................... ................. .... : ......... : ....... : ................................................................ ~~~~~~;~~~:iaa (+.j* Q7, 4 & ................... ....................
21.81.080 Appeal of Carlsbad design
review board decision.
Upon the filing of an appeal, the ~a~~~~~~~~~~~ .,.,. . . . . ., ..,.... . . . . . . . . . . . . . . . . . . . . . ..\...... . ~~~~~~~~~~~~~~~~~ N &** . . . . . . . . . . . . . . . . . . :: . . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A.. . . . . .,: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . set the matter for public he&kg. Such hearing
shall be held within thirty days after the date
of filing the appeal. Within ten calendar days
following the conclusion of the hearing, the
Housing and Redevelopment Commission shall
render its decision on the appeal. The decision
of the &musing and &edevelopment . . . .A. pmmission is final.‘“-
.--
0)) The decision of the housing and
redevelopment commission shall be consistent
with the provisions of this chapter and shall be
supported by appropriate findings.
development permit also requires other
discretionary permits or approvals for which
the design review board is not given final
approval authority then the design review
board action on the coastal development permit
shall be deemed a recommendation to the
housing and redevelopment commission.
21.81.090 Housing and redevelopment
commission action.
If the application for the coastal development permit is ~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . ..,.......,............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~~~~~~onsoi~~~~“~~~.~~~~“““““” ::.:.:.:.:.:.:.:.:.:.:.: .,..../.._,.,,..,.,.,.,.,.i,.,.,.,.,.,.,.,.,.,...... disce&onq, peti& ~~~~~~~~~~-ant to this code for which %&.a-;.%K;;~&w board
does not have final approval author&y, ~~~f~~ ..i.. .,I.... . . . i.. i....... . . . . . . . . . . . .i. . . ..( .I... .,.,.A. . . . . ti~~~~~xi:l~~e homing and redevelopment ::.:.:.:i.:.:.:.:.:.:.. 2.. . . .._.. . . ,, ..A.. commission shall hold a public hearing on the
coastal development permit application. At the
public hearing, the housing and redevelopment
commission shall consider the design review
boards ~~~~~~~omrnendation, shall
consider the evidence presented at the public
hearing, review the matter, and shall approve,
conditionally approve or disapprove the coastal
development permi~~~~~~~~~~~~:. No
. . . . . . ..\.. . . /,., . ..\\..... .:..:, approval or conditional approval shall be given
unless the housing and redevelopment
commission fmds that the development ib
consistent with the provisions of the Carkbad
Village Area Redevelopment Plan and the
Village Design Manual as certified by the
Coastal Commission and which constitute the . . . . . . . . . .+;;:*,.. ,. *ma* coa,c&* program~~~~~~~~~~~~~~j~~~ .:: ?, ,+::;:.:.:.:.:.:::::::::,+: :::::::.:.............. ~i~~~~~~~~~~~~~~~~~~~~~~~~~~ 'V.' .'.'.'.'. . . . . :. .A............ . . . . . . . . . . . . . . . . . . ..(. .(.,.,.. . . . . . . . . . . . ..i........ . . . . . . . . . . ..~..~~..~~........:.:.:.:.:.:.:.~:::::.~~::~ :,:,:,. . . . . .,... . . . ,.. .., .;..:,-,:,:,. ,_, ~~~~~~~~~~~~. me declslon of <:::::::::::.:.: :.:.: .,.j,.,.,.,.,.,.i,.,.,.,.,.,.,.,.., ~:.:.:.:.:.:.):.:.):.:.:.:.:.:.:.:.:,..~.:. .:.:. :.:.:.:.:.:.:.:.:.: the housing and redevelopment commission is
final. 8
21.81.100 Public hearings.
Whenever a public hearing is required by this
chapter, notice of the hearing shall be given as
provided in Sections 2 1 .S4.060( 1) and
21.54.061 of this code. When the hearing on a
coastal development permit is consolidated
with the hearing on a tentative map, notice
shall satisfy the requirements of both this
chapter and Title 20 of this code. In-&&&+
21.81.110 Appeals to Coastal
Commission
(4 The following developments, due to
their type or location, are within the appeal
jurisdiction of the Coastal Commission. only
decisions approving a coastal development
permit for these developments are appealable
to the Coastal Commission, unless otherwise
noted. Exhaustion of all local appeals must
occur before an application may be appealed to
the Commission. Areas subject to appeal
jurisdiction are shown on the Post LCP
Certification Map which is on file in the
planning department.
(1) Developments on property located
between the sea and the first public road
paralleling the sea or within three hundred feet
of the inland extent of any beach or of the
mean high tide of the sea where there is no
beach, whichever is the greater distance.
(2) Developments on property located
within three hundred feet of the top of the
seaward face of any coastal bluff, or within
one hundred feet of any wetland, estuary or
stream.
(3) Any decision approving or denying a
development which constitutes a major public
works project or a major energy facility. 4%
(b) The appeal shall be filed at the local
district office not later than twenty working
days after the date of the receipt of the noticed
final local action by that district office. No city
permit shall be issued or deemed approved
until an appeal, if any, to the Coastal
Commission has been resolved.
(cl Nonappealable Development. Decisions
on applications for developments which are not
of the type described above are not appealable
to the Coastal Commission. Decisions denying
any Coastal Act permit for an appealable
development described above are not
appealable to the Coastal Commission with the
exception of decisions on major public works
projects and major energy facilities.-
21.81.115 Coastal development permits
issued by the Coastal
Commission.
The Coastal Commission shall have original
jurisdiction for all coastal development permits
for development on tidelands, submerged lands
and public trust lands, whether filled or
unfilled. Such lands are specified as the area of
“original jurisdiction” of the Coastal
Commission pursuant to Public Resources
Code Section 30519(b), and are shown on the
Post LCP Certification Map which is on file in
the planning department. The applicant for any
project which requires a coastal development
permit issued by the Coastal Commission shall
obtain discretionary approvals required by this
code prior to filing an application with the
Coastal Commission for said coastal
development permit. 4@rd&YW “J 7, 19%)
21.81.120 Notice of final local action.
Witin w p&&g working hys of a final
u ~~~,~~~~on on an application for any
):(.~:.:.):.:.:.:.:,:. coastal development, or any approval which
occurs by operation of law, the lam&se ~~~~~~~~~~
. . . . . . :. . . . . . .:. . . . ~~~~~~~~~a11 provide notice of the ..,_...... . . . . . . . . . . ..i. . ..i................... action by first class mail to the Coastal
Commission and to any persons who
specifically requested notice of such final
action by submitting an addressed, stamped
envelope to the city. Such notice shall include
any conditions of approval and written findings
and, if the matter is appealable to the Coastal
Commission, procedures for appeal of the local
action to the Coastal Commission. (4kW7W
21.81.130 Effective date of permit.
Coastal development permits for projects which
are not appealable to the Coastal Commission
shall be valid upon the mailing of the notice of
_-
final local action unless the notice of final
local action does not comply with the
requirements of Section 2 1.8 1.120. Coastal
development permits for projects which are
appealable to the Coastal Commission shall be
valid upon the expiration of twenty working
days from the date of receipt at the local
district office of the notice of final local action
provided that the notice complies with the
requirements of Section 2 1.8 1.120 and, further
provided, that an appeal of the decision has not
been filed with the Coastal Commission. &Jr&
21.81.140 Review of recorded
documents.
(a> All coastal development permits
subject to conditions that require the
recordation of deed restrictions, offers to
dedicate or agreements imposing restrictions on
real property shall not be effective until
completion of the following procedures:
(1) The city council shall review, revise if
necessary, and accept the easement or land.
(2) The city clerk shall record the requisite
legal documents.
(3) The city clerk, upon recordation of the
documents, shall forward a copy of the permit
conditions, findings of approval, the legal
documents pertaining to the public access and
open space conditions, and a statement as to
which private association, public agency or city
department shall be responsible for the
operation and maintenance of the accessway or
open space/conservation area, to the Executive
Director of the Coastal Commission.
0)) All coastal development permits
subject to conditions of approval pertaining to
public access and open space or conservation
easements shall be subject to review and
approval by the Executive Director of the
Coastal Commission.
(1) Upon completion of permit review by
the city and prior to the issuance of the permit,
the city shall forward a copy of the permit
conditions and findings of approval and copies
of the legal documents to the Executive
Director of the Coastal Commission for review
and approval of the legal adequacy and
consistency with the requirements of potential
accepting agencies;
(2) The Executive Director of the Coastal
Commission shall have fifteen working days
from receipt of the documents in which to
complete the review and notify the applicant of
recommended revisions if any;
(3) The city may issue the permit upon
expiration of the fifteen working day period if
notification of inadequacy has not been
received by the city within that time period;
and (4) If the Executive Director has
recommended revision to the applicant, the
permit shall not be issued until the deficiencies
have been resolved to the satisfaction of the
Executive Director Q&d&T44 2 ! !$a+MMj ,
21.81.150 Applications for emergency
permits.
(4 Applications in case of emergency
shall be made by letter to the director of . . . ~~~~~
~~~~~~:~~lephone, if . . . . . . . ..L. i i......... . . . . time does not allow. Emergency means a
sudden, unexpected occurrence demanding
immediate action to prevent or mitigate loss or
damage to life, health, property, or essential
public services.
Co> The following information shall be
included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this
can be established;
(3) Location of the emergency; (4) The remedial, protective, or preventive
work required to deal with the emergency; and
(3 The circumstances during the
emergency that appeared to justify the cause(s)
of action taken, including the probable
consequences of failing to take action.
6) The director shall verify the facts,
including the existence and the nature of the
emergency, insofar as time allows.
(4 The director shall provide public notice
of the emergency work, with the extent and
type of notice determined on the basis of the
nature of the emergency.
(4 The director may grant an emergency
permit upon reasonable terms and conditions,
including an expiration date and the necessity
for a regular permit application later, if the
director finds that:
(1) An emergency exists that requires
action more quickly than permitted by the
procedures for administrative permits or for
regular permits and the work can and will be
completed within thirty days unless otherwise
specified by the terms of the permit.
(2) Public comment on the proposed
emergency action has been reviewed, if time
allows; and
(3) The work proposed would be
consistent with the requirements of the certified
land use plan.
0 The director shall report, in writing, to
the design review board, at its first scheduled
meeting after the emergency permit has been
issued, the nature of the emergency and the
work involved. Copies of this report shall be
available at the meeting and shall be mailed to
all persons who have requested such
notification in writing. The report of the
director shall be informational only; the
decision to issue an emergency permit is solely
at the discretion of the director subject to the
provisions of this chapter.
69 Any request for an emergency permit
within the Coastal Commission area of original
jurisdiction as defined in Section 21.81.115
shall be referred to the Coastal Commission for
review and issuance. /Alrl 3 ,
21.81.160 Expiration of coastal permits.
A coastal development permit shall expire on
the latest expiration date applicable to any
other permit or approval required for the
project, including any extension granted for
bther permits Or ~approva*s~~~~~~~~~~~
?:.:.:.:.:.+. ..:.:...:.:.:.:.:.:.:.:.:.:.:.: .:. ... .... :.::::::::::::::::;, ~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~
.:.:.: ....................................... ................ ..................... .,., ~~~~~~~~~~~~~~~~~~~~~~~~~
a .’ ................ ~;~~~ri”:‘::“i”:i’“~~hould tie project .i ...... .......................... ............................. . ..... . ..... . ........... . ... ,:
.:..:i:::::j::::::::::I::::...::.::::~:::::~::::::~~::::~:..: .: ~~..::j::::.:.:i:::~~~~~~. require no permits or approvals other than a
coastal development permit, the coastal
development permit shall expire one year from its date of approval ~~~~~~~~~~~ ~“‘.~.‘.;.‘:.;.:.:.:.:.:.“siz: .) :.:.;.:.. . . . . . . . . . . . . . . . . . . . ..jj..ii........................................, ~~~~~~~~~~aa . ~..~~~~~~.,a~ . . .,.
Not more than ninety or less than forty-five
days prior to the expiration of a coastal
development permit the permittee may apply to
the design review board for an extension of the
permit. The application for an extension shall
be processed pursuant to the provisions of
Sections 21.81.070, 21.81.100 and 21.81.110 of
this chapter. An extension shall be approved
only if it is found that there has been no ~.):.:.:,:.:.:.:.: .,.,. .-. . . . . . (..,. (( .,. ,., m&&al change of circumstances BX~J&&##$@, ~rjx~~~ since the origina~~~~~~~~~~
the permit. If the design review board fmds
that there has been a rnate&l change of ......... ......... circumtances ~mr~~~~~~~~~~~~~
.................................................................. since the original granting of the permit the
application for the extension shall be denied &
. . . . . . . . . . . . . . . . . ,.....,...... . . . . . . . . . . . . . . . . . . . . . . . . .A... :.:.. . . . . . . . . . . . . . . . . . . . . . . . :-::- design review board may be appealed pursuant
to the provisions of Section 21.81.080. If a
complete application for an extension has been
timely filed, the design review board or the
housing and redevelopment commission on
appeal may grant the extension after the
expiration date provided that the final decision
is made not later than forty-five days after the
expiration date. 4$MGWT§ ! 1, !anh. , *
21.81.165 Amendment to coastal
development permit.
An amendment to a coastal development
permit issued by the city shall be processed in
the same manner as an original application for
a coastal development permit. w ,
21.81.170 Severability.
If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason
held to be unconstitutional such decision shall
not affect the validity of the remaining portions
of this chapter or any part thereof. The city
council declares that it would have passed each
set tion, subset tion, subdivision, paragraph,
sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections,
subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared
unconstitutional. m 9
L f . .r , PROOF OF PUBLICATION
” c (2015.5C.C.P.) :. . . .
STATE OF CALIFORNIA
Country 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 the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and
qualified for the City of Oceanside, City of Cart&ad
and City of Solana Beach and the North Country
Judicial district with substantial circulation in
Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff,
Vista, Del Mar, La Costa, Olivenhain, Ranch0
Santa Fe, City of San Diego, County of San Diego,
and which newspaper has been adjudged a
newspaper of general circulation by the Superior
Court of the County of San Diego, State of
California, under the date of June 30, 1989, case
number 171349; that the notice, of which the
annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
N~v&ilbe~ 10, 1995
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California, this day 1 n
Nov. 1995
Ol;
BLADE-CITIZEN
Legal Advertising
1722 South Coast Highway Oceanside, CA 92054
P.O. Box 90
Oceanside, CA 92049
341 South Cedros
Solana Beach, CA 92075
6191433-7333
. ..a
This space is for the Country Clerk’s Filing Stamp
Proof of Publication of
Notice 'of Public Hearing ---------------------------
----------me--------------
mwm&mmNm fj~~f~~-M~jjij~[’ lf,j@~~fi~Nij~G-*
ORDINANCES, AND, HOUSING AND REDEVELOPkENT COMMISSION
POLICIES AND PROCEDURES MANUAL NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commtssion and City Council of the City of Carlsbad wll hold a jomt pubk heanng on November 21, 1995 to consider a request by the Carlsbad Redevelopment Agency to amend the wage Redevelopment Local Coastal Program to repeal the Village Design Manual (dated 1988), and adopt a new Village Redevel- opment Master Plan and Design Manual to Implement the Carlsbad Village Redevelopment Plan and, to approve a zone code and mumclpal code amendments to ensure consistency with the new manual and. to adopt a new Housmg and Redevelopment Commlsslon Polic#es and Pmce- pres Manual for the Village Redevelopment Area located in Local Facllibes Management Zone
The joint public hearing of the Housing and Redevelopment Commission and City Council iz scheduled for NOVEMBER 21. 1995 at 6:OOpm in the City Council Chambers located at 1200 C_.,.L->,I... -. - c.drwao wage Unve. Carlsbad, Califorma The boundanes of the Village Redevelopment Area are generally noted as Interstate 5 on the east the Ocean on the west. Laguna Avenue on the north and Walnut Avenue on the South Th; hn,,nrl.nnr =rm “,.&-..-I ^” a.^ --- --- A 8 ,,+n,., P”..i,.^ ^I.L- a--a d I ~ . . ---..-I..-- “II ll”LrU “II LIIl2 rllap provloeo I, IIVvv., UUPV== UI LI it: nrlar wan 0~ me new wage Master Plan and Design Manual document are avaIlable for review at the Carlsbad Library the Community Development Department and the Housing and Redevelopment Department. kop- les of the proposed Housmg and Redevelopment Policies and Procedures Manual and the various implementing ordinances are available at the Housing and Redevelopment Office and the City Clerks Office. Amendments to Chapters 2.24 2.26 21.35, 21.41 and 21.81 of the Carlsbad Municipal Code are proposed as part r? :-m1--1-.:-- :,- - . ,... -.
Design Manual and Housing and Redevelopmel T&^^ ^-^_---. .-.~. _)-
II II~~~~~~~~=rll~r~y one new wla e Master Plan and nt Pokies and Procedures fJ anual. 1 IK- !-wauns wlsnmg IO SPeaK On the subject aocuments are cordially mwted to attend the public hearing to pe held on November 21. 1995 Copies of the staff report on this public heanng item wll be avaIlable on and after November 17 1995. If you have any questlons regarding the new documents Or the pubk hearing, please contact Debbie Fountam m the Housing and Redevel- opment Department at 434-2935. If you chalkrj,e!he new Vll!age Master Plan and Destgn - -*-
L” ^^..I I I- ^- ~. 1
prior 10 me 1995. suqect public hearing on Novemoer 21,
Case File: LCPA 95-10. ZCA 95-10. MCA 95-01 Case Name: Village Master Plan and Design Manual, ,mn,sma”,i-^ n-2; ----.. -- ~2.. - ^
LUUNCIUHOUSING AND COMMISSION REDEVELOPMENT
Leqal44777 November 10. 1995
I
C’
.% VILLAGE MASTEh I-IAN AND DESIGN MANUAL, IMPLEldNTlNG ORDINANCES,
AND, HOUSING AND REDEVELOPMENT COMMISSION POLICIES AND PROCEDURES MANUAL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission and City Council of
the City of Carlsbad will hold a joint public hearing on November 21, 1995 to consider a request
by the Carlsbad Redevelopment Agency to amend the Village Redevelopment Local Coastal Program
to repeal the Village Design Manual (dated 19881, and adopt a new Village Redevelopment Master
Plan and Design Manual to implement the Carlsbad Village Redevelopment Plan and, to approve a
zone code and municipal code amendments to ensure consistency with the new Manual and, to
adopt a new Housing and Redevelopment Commission Policies and Procedures Manual for the
Village Redevelopment Area located in Local Facilities Management Zone 1.
The joint public hearinq of the Housing and Redevelopment Commission and City Council is
scheduled for NOVEMBER 21, 1995 at 6:OOpm in the City Council Chambers located at 1200
Carlsbad Village Drive, Carlsbad, California.
The boundaries of the Village Redevelopment Area are generally noted as Interstate 5 on the east,
the Ocean on the west, Laguna Avenue on the north and Walnut Avenue on the South. The
boundaries are noted on the map provided below. Copies of the final draft of the new Village
Master Plan and Design Manual document are available for review at the Carlsbad Library, the
Community Development Department and the Housing and Redevelopment Department. Copies of
the proposed Housing and Redevelopment Policies and Procedures Manual and the various
implementing ordinances are available at the Housing and Redevelopment Office and the City
Clerk’s Office. Amendments to Chapters 2.24, 2.26, 21.35, 21.41 and 21. 81 of the Carlsbad
Municipal Code are proposed as part of implementing the new Village Master Plan and Design
Manual and Housing and Redevelopment Policies and Procedures Manual.
Those persons wishing to speak on the subject documents are cordially invited to attend the public
hearing to be held on November 21, 1995. Copies of the staff report on this public hearing item will
be available on and after November 17, 1995. If you have any questions regarding the new
documents or the public hearing, please contact Debbie Fountain in the Housing and Redevelopment
Department at 434-2935.
If you challenge the new Village Master Plan and Design Manual or implementing ordinances in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carlsbad at
or prior to the subject public hearing on November 21, 1995.
Case File:
LCPA 95-10, ZCA 95-10, MCA 95-01
Case Name:
Village Master Plan and Design Manual,
Implementing Ordinances and Housing
and Redevelopment Commission
Policies and Procedures Manual.
CITY OF CARLSBAD
CITY COUNCIL/
HOUSING AND REDEVELOPMENT COMMISSION
November 8, 1995
TO: CITY CLERK’S OFFICE
FROM: HOUSING AND REDEVELOPMENT DIRECTOR
RE: PUBLIC HEARING NOTICE REQUEST
Attached are the materials you will need to notice the public hearing for the Village
Redevelopment Master Plan and Design Manual, Housing and Redevelopment Commission
Policies and Procedures Manual and the implementing ordinances.
Please notice the item for the City Council/Housing and Redevelopment Commission meeting
of November 21. 1995.
Community Development Director or
Assistant City Manager Date
SUPERIOR COURT O~C&Ll.l~~lA
SAN DlEGO 325SS~‘l~~SE
AMENDED ORDER TO SHOW CAUSE
F%%i!E CASE NO. N68210
Attorney for Petiboner .nI \Y”, -_ /_I .d”” I.L.l<, Coast Hrghway. Oceanside
I
ture time. you may be llmbd to rakingonly thrxe inauea
FILED Sept. 14.1995 KENNETH E. MARTONE, Clerk of the superior court
INTHEMAlTEROFTHEAP. PLICATION OF LINDA LEE BALABCO FOR CHANGE Of NAME. j
PETITIONER(S) LINDA LEE BALASCO HAS FILED A PE- TITION FOR AN ORDER TO
tnthenotioewlnwittencu- respondence delivered to tJw city Clerk at or prior to tha Pubik Hearing. Barbara Rlegel Wayne
\&“I 14296 September 24.
STATEMENT OF WITHDRAWAL FROM
PARTNERSHIP
OPERATlNG UNDER FICTITIOUS BUSINESS NAME
FILE NO. 95-w
YlSte. Ln Y‘“O.2 This ~;~Asconkcted
me registrant r-k the transactkc on: 7x)1,. j WVfncsnt lvkevio rnisab~~flkdwwI
&s J. Smffh, county
S3fL4*~&Sm
THE FILING O&HIS STATE. MENTDOESNOTOFtTSELF AUTHORIZE THE USE Ih THE STATE OF A FICTI, TIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FED ERAL. STATE, OR COMMON LAW (SEE SECTfON 14400 ET SEQ., BUSINESS AN0 PROFESSIONS CODE. THIS FICTITIOUS BUSINESS NAME EXPIRES FIVE (5 YEARS FROM THE DATE I 4 WAS FILED IN THE OFFICE OF THE COUNTY CLERK. IF YOU INTEND TO CONTINUE BUSINESS UNDER THIS NAME, A NEW FICTITIOUS BUSINESS NAME STATE- MENT MUST BE FILED PRI- DR TO SEPTEMBER 7.2OOQ
VILLAGE MASTER PLAN AND DESIGN MANUAL THE FILING OF THIS STATE NOTICE TO THE PUBLIC MENTDOESNOTOFtTSELF AUTHORIZE THE USE lb THF WTATF OF A FIETI
YOU INTEND TO CONTINUE BUSINESS UNDER THI; NAME, A NEW FICTITIOU! BUSINESS NAME STATE MENT MUST BE FfLED PRI OR TO SEPTEMBER 7.2006
:& 444;pym&er 16
. I
f&%%?ME STATEMENT FILE NO. 95-55395
Yilg2$~h
TECH=2 INC.
3069 Fadham Court oceansk$ CA 92056
lsh;~YzE&i;~fd
acalbnlaa rnkbu8tfb3wsc~ a-. me- ?clzz lhetmmadbn
. ..--.... - -. . . . . -.. NOTICE IS HEREBY GIVEN that the new Village Redevelopment Master Plan $$&$$$E~E~’ and Design Manual, implementing Ordinances and a new Housing and Rede- oF ~MER UNDER FED velopment Commission Policies and Procedures Manual will be considered for ERAL STATE OR COMMON recommended action by the Planning Commission and Desi n Review Board LAW ‘(SEE SiCTlON 14400 during a joint public hearing. The joint p&l& h
~OBER~1995al5OOpm ’ s&on and Design Rev&w Board is scheduled for of the Panning Commis-
in the City Coundl Chambers located at 1200 Carlsbad Village’Drive, C&bad,
~~F~Q~l~~l~~~ &$
California. The Commission and Board will recommend action to repeal the WI- $$T~~~~~&~$~$
la 7 a e Des’ n Manual which was approved on July 20.1982, and to adopt the new YEARS FROM THE DATE I+ WAS FILED IN THE OFFICE VI lage aster Plan and Design Manual to continue implementation of the ~~~~~#&$~~$ Carlsbad Village Redevelopment Plan as approved in July, 1981. The Commis- sion and Board will also review and r BUSINESS UNDER THIS
ecommend action on the various imple- NAME, A NEW FICTITIOUS menting ordinances related to the new Village Master Plan and Design Manual BUSINESS NAME STATE- and adoption of a Housing and Redevelopment Commission Policies and Pro- cedures Manual. The boundaries of the Village Redevelopm&t Area are noted ~~!$,~~~~,~: CEo PRI 8 .
on the map provided below. A copy of an “Executive Summary” of the new Vil- Legal 44209 September 24
lage Master Plan and Design Manual document Is available at the Carl&ad October 1.6.15.1~~ Housing and Redevelopment Office located at 2985 Roosevelt Street, Suite B. Also, full copies of the new document are available for review at the Carlsbad Library, the Community Development Department .and the Housi FlCTlTlOUS
veloqment Department. Copies of the proposed Housing and R 2 and Rede- BUSlNESS NAME
Pollcles and Procedures Manual and the various im o&e.
evelopment ementing ordinances are STATEMENT
also available at the Housing and Redevelopment FILE NO. 95.55221
Those persons wishing to speak on the subject documents are cordially invited
The nama(s) of the
to attend the public hearing to be held on October4, 1995. Copies of the staff wRIG,&@~~$&,C
report on this public hearing item will be available on and after September 28, 1995. If you have any questions regarding the new documents or the public 6727 %k fir. #l 10
hearing, please contact Debbie Fountain in the Housing and Redevelopment San Dkgo! CA 92121
Department at 434-2935. Is h~~~~~~~$”
If you challenge the new Village
GREGOwTG:;BSTER
1536 Pa&lo Ran& Dr. Enofnitas. CA 92024 Thkbusineaskamduced Master Plan and Design Manual or implementi “$ ordinances In court, youmaybe lmitedto raising only those issues you or someone else raised at the public hearing describ- ed in this notiiorlnwrittencorre- spondence delivered to the City of Carisbad at or prior to the public hearing on October 4, 1995.
by an indlvidu&i~~~ mareglsbant~ fhetramacllonof~ 01: NW. 1.1057. *, IslGreguy w. wrtghl ThisstalementwasRledwith Gmgory J. Smith. county Clerk of San Dlego County on
Case File: LCPA 9510
Case w me Master Plan and Desian Manual, Implementin and Housing and Ordin&ces R I38 velopment Commission Policies and Pro- cedures Manual.
CITY OF CARLSBAD DESIGN REVIEW BOARD/ PLANNING COMMISSION
Legal 44290 September 24.1995 t i
THE FILING OF THIS STATE- MENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THE STATE OF A FICTI- TlOUS BUSINESS NAME IN VlOlATfON OF THE RIGHTS ~F&N~T~l~EUN,
LAW ‘(SEE SiCTION 14400 ET SEQ.. BUSINESS AND’ PROFESSIONS CODE. THIS FICTITIOUS BUSINES NAME EXPIRES FIVE (5 YEARS FROM THE DATE I-/ WAS FILED IN ME OFFICE
.
OF THE COUNTY CLERK. IF YOU INTEND TO CONTINUE BUSINESS UNDER THIS NAME, A NEW FICTITIOUS RUStNESS NAME STATE-
n
cl
EF
PF
2
ERAL. STATE, OR COMU LAW (SEE SECTfON 14 ET SEQ. BUSINESS A Fil
PROFESSIONS CODE. n FICTITIOUS BUSINE NAME EXPIRES FIVE YEARS FROM THE DATE WAS FILED IN THE OFFh OF THE COUNTY CLERK YOU INTEND TO CONTIM BUSINESS UNDER Tti NAME, A NEW FlCTlTlOl BUSINESS NAME STAT MENT MUST BE FILED PI OR TO AUGUST 26.2000.
DC&bar,. , Le al ?;7,“,Btzber ;
FlCTlTl OUS BUSINESS NAME
STATEMENT FILE NO. 95-55225
and
mb3bwl~t3conduded by a General Palhmhtp.
ThsrseF cg?mv-d meuan~olwslness’ on: 6-9-95.
rhk&tamentwas6ledwim: bM.arty R. Brow
&Xi JSmtth.ColJnty’
“p” c-wor( sepy&mb~ :995.
HE FlLlNooFiirk STATE lENT DOES NOT OF ITSELF UTHORIZE THE USE Ii: HE STATE OF A FlCTl: IOUS BUSINESS NAME IF. IOLATION OF THE RIGHT- F ANOTHER UNDER FEC RAL. STATE, OR COMMO’ NW (SEE SECTION 144C T SEQ., BUSINESS AN ROFESSfONS CODE. MI. ICTITIOUS BUSINES IAME EXPIRES FIVE (5 ‘EARS FROM THE DATE I- VAS FILED IN THE OFFICE )F THE COUNT-Y CLERK. IF ‘OLf INTEND TO CONTINUE! IUSINESS UNDER THl IAME. A NEW FICTITIOU USINESS NAME STATE IENT MUST BE FfLED PRi- IR TO SEPT. 14,200O. i
3kL. ~26~ber 17.24
FlCTlTlOUS
BUSINESS NAME ’ STATEMENT 1
FILE NO. 9555229 1
The name(s) of the
2031 craat Dr. Endllltas. CA92024
Endnitas. CA 92024 rhk business k conducted by an indiual. The registrant commenced he transactfon of business on: 9/l/95. IdRkiiwdKaestner h*statemelllwasflledwith
ENT DOES NOT OF ITSELF JTHORIZE THE USE IF IE STATE OF A FICTI DUS BUSINESS NAME Ih DIATION OF THE RIGHTS : ANOTHER UNDER FED- W. STATE, OR COMMON ,W (SEE SECTION 14400, ’ SEQ., BUSINESS ANC’ tOFESSlONS CODE. THIS, CTITIOUS BUSINESS th4E UPIRES FIVF 15~
.
Carlsbad Village Area