Loading...
HomeMy WebLinkAbout2003-10-07; City Council; 17339; Various Code Changes10-7-03 MTG. Administrative Reviewed Final at Planning by and Commission Approvals Project application(s) Environmental Review - DEPT. PLN~ Reviewed by and Final at Council CITY OF CARLSBAD - AGENDA BILL TITLE: ZCA 00-021 MCA 03-01/LCPA 00-09 VARIOUS CODE CHANGES Negative Declaration Zone Code Amendment Municipal Code Amendment Local Coastal Program Amendment T CITY ATTY. X X X X CITY MGR Staff Planning Cornmission RECOMMENDED ACTION: Minor subdivisions (no more than 4 lots) in the R-1 zone Minor subdivisions in the R-A and R-3 zones That the City Council ADOPT Resolution No. , ADOPTING a Negative Declaration and APPROVING Local Coastal Program Amendment LCPA 00-09 based upon the findings contained therein, and INTRODUCE Ordinance No. NS-675 and Ordinance No. NS-676 , APPROVING amendments to the Zoning Ordinance (ZCA 00-02) and Municipal Code (MCA 03-01). 2003-264 Major subdivisions with 5 to 50 lots ITEM EXPLANATION: All minor subdivisions with 2 or more panhandle lots and major subdivisions up to 50 lots This item proposes many changes to both the Zoning Ordinance (Title 21) and other titles of the Municipal Code. The changes will make the Zoning Ordinance easier to use and improve its consistency internally and with other city regulations. A summary of the changes follows: Revise variance findings and standardize the appeal process for most land use proposals; Revise and clarify some review procedures and development standards; Repeal and replace outdated or superseded names and titles; Repeal density provisions inconsistent with the General Plan; and Define wireless communication facilities and incorporate a city policy on the same. 0 0 0 0 At the August 20, 2003 Planning Commission meeting, no members of the public spoke on this item. The Planning Commission voted unanimously (6-0, Segall absent), to recommend that the City Council adopt a negative declaration and approve the amendments to the Zoning Ordinance and Local Coastal Program. The Commission also received and filed the proposed ordinance amending Municipal Code titles other than the Zoning Ordinance. As part of its motion, the Commission recommended changes to the revisions staff proposed to the review procedures for subdivisions with panhandle or flag lots. Details on the existing and proposed review requirements follow. Existing and Proposed Review Ret Note: Subdivisions with panhandl Existing iirements for Subdivisions with Panhandle Lots bfs are allowed only in fhe R-A, R-E, and R-1 zones. Planning Commission recommended Sta ff-proposed All minor subdivisions All minor subdivisions, including those with no more than 1 Danhandle lot PAGE 2 OF AGENDA BILL NO. 17,339 All major subdivisions (5 Major subdivisions with City Council or lots) more than 50 lots Major subdivisions with more than 50 lots Staff‘s purpose in amending the review standards for panhandle lot subdivisions was to make the standards identical to the existing review process for all other subdivisions. However, Commissioners believed that minor subdivision proposals with at least two panhandle lots, particularly in in-fill areas, warranted a public hearing before the Commission. Staff has revised the draft ordinance to reflect the Planning Commission’s recommendation. The revisions affect Zoning Ordinance sections 21.08.080(b), 21.09.1 20(2), and 21.1 0.080(b). Concern was also expressed about a proposed new Zoning Ordinance section that would allow wireless communication facilities in any zone, subject to a conditional use permit and compliance with Council Policy Statement No. 64. Upon review of this new section, The Commission questioned why the City would permit such facilities in residential zones. In response, the City Attorney has reviewed the Telecommunications Act of 1996, and has determined the City cannot prohibit wireless communication facilities from a particular zone or location based on Section 253(a) of the Act, which states: IN GENERAL - No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. ENVIRONMENTAL: The Planning Commission has determined that the proposed project could not have a significant effect on the environment and recommends adoption of a Negative Declaration. FISCAL IMPACT: Staff believes the project may have a positive fiscal impact. Because the proposed changes standardize and clarify procedures and improve consistency, use of the Zoning Ordinance and other Municipal Code titles should be easier and less time consuming. In addition, Planning Commission recommended changes should streamline the review of subdivisions with panhandle lots since the threshold for Council review would increase from five to fifty-one lots. EXHIBITS: 1. City Council Resolution No. 2003-264 2. City Council Ordinance No. NS-675 3. City Council Ordinance No. NS-676 4. 5. 6. 7. Planning Commission Resolutions No. 5449, 5450, and 5451 Planning Commission Staff Report, dated August 20, 2003 Bold and strikeout version of proposed ordinances, with Planning Commission recommended changes Excerpts of Planning Commission Minutes, dated August 20, 2003. DEPARTMENT CONTACT: Scott Donnell, (760) 602-461 8, sdonn@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR (1) A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO AMEND TITLE 21 OF THE MUNICPAL CODE BY AMENDING VARIOUS SECTIONS AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (a) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (b) REVISING AND CLARIFYING SOME REVIEW PROCEDURES AND DEVELOPMENT STANDARDS; (c) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (d) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND (e) ADDING A DEFINITION FOR WIRELESS COMMUNICATION FACILITIES AND INCORPORATING A CITY POLICY ON THE SAME; AND (2) A MUNICIPAL CODE AMENDMENT TO (a) REPLACE IN VARIOUS MUNICIPAL CODE SECTIONS “BUILDING AND PLANNING DIRECTOR,” “DIRECTOR OF BUILDING AND PLANNING,” “LAND USE PLANNING MANAGER,” “LAND USE PLANNING OFFICE,” AND “PRINCIPAL BUILDING INSPECTOR WITH CURRENT TITLES; AND (b) AMEND MUNICIPAL CODE SECTIONS 19.04.0808., 19.04.110A., AND 19.04.170 REGARDING APPEAL PROCEDURES. CASE NAME: VARIOUS CODE CHANGES CASE NO.: ZCA 00-02 / MCA 03-01 / LCPA 00-09 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 20, 2003, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Zone Code Amendment ZCA 00-02, and Local Coastal Program Amendment LCPA 00-09, and received and filed a report on Municipal Code Amendment (MCA 03-01 ) and adopted Planning Commission Resolutions No. 5449, 5450, and 5451 recommending to the City Council that they be approved and; WHEREAS, the City Council of the City of Carlsbad, on the 7th day of October , 2003, held a duly noticed public hearing to consider said Negative Declaration, Zone Code Amendment, Municipal Code Amendment (MCA 03-01), and a Local Coastal Program Amendment, and at that time received recommendations, objections, protests, comments from all persons interested in or opposed to ZCA 00-02, MCA 03-01 and LCPA 00-09 and; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5449 (Negative Declaration), 5450 (ZCA 00-02), and 5451 (LCPA 00-09) constitute the findings of the City Council in this matter. 3. That the Negative Declaration is adopted as shown on Exhibits “ND,” “NOI” and “PII” attached hereto and made a part hereof. 4. That the Local Coastal Program Amendment is approved as shown in Planning Commission Resolution No. 5451 on file with the City Clerk and incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of October 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall, and Packard NOES: None Council Member Kulchin ATTEST: Page 2 of 2 of Resolution No. 2003-264 -2- i-/ - City of Carlsbad NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: PROJECT DESCRIPTION: lesser extent, other titles of the VARIOUS CODE CHANGES Not applicable ZCA 00-02LCPA 00-09/MCA 03-01 The project revises portions of the text of the Zoning Ordinance and, to a City’s Municipal Code. A Local Coastal Program Amendment is necessary because the Zoning Ordinance is the implementing ordinance of the Local Coastal Program. Proposed changes would (1) revise and standardize variance findings and the appeal process for many land use projects? (2) revise and clarify some review procedures and development standards? (3) replace and delete outdated or superseded names and titles, (4) delete density provisions inconsistent with the General Plan, and (5) add a definition for wireless communication facilities and incorporate a city policy on the same. The -project proposes no development and does not affect any property or section of the City in particular. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above-described project 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, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: IXI 0 0 The proposed project COULD NOT have a significant effect on the environment. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLAMTION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EL4 Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATTEST: MICHAEL J. HOLZMILLER Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us - City of Carlsbad NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: VARIOUS CODE CHANGES PROJECT LOCATION: CITYWIDE CASE NO: ZCA 00-02/LCPA 00-09/MCA 03-0 1 PROJECT DESCRIPTION: The project consists of text changes to the Zoning Ordinance and, to a lesser extent, other titles of the City’s Municipal Code. The changes affect the review and processing of administrative and discretionary actions for many types of land use proposals. A Local Coastal Program Amendment is necessary because the Zoning Ordinance is the implementing ordinance of the Local Coastal Program. The project proposes no physical development. The proposed changes can be summarized and highlighted as follows: Revise procedures for the noticing of continued hearings and the review of some applications, including subdivisions with panhandle lots and incomplete applications. Revise and standardize the appeal process for most types of land use decisions. Clarify standards relating to allowed protrusions above building height limits. Replace outdated titles, such as “land use planning manager” with “planning director” Update the names of zones to reflect currently adopted zones. Revising variance findings to be consistent with the California Government Code. Delete density provisions that are inconsistent with the General Plan. Adding a definition for “wireless communication facilities” (i.e., cellular antenna facilities and the like) and incorporating by reference a City policy on the same. 1. 2. 3. 4. 5. 6. 7. 8. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project 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 saidxeview, the initial study (EL4 Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EM Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice (see deadline date below). The proposed project and Negative Declaration are subject to review and approvaVadoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Scott Donne11 in the Planning Department at (760) 602-4618. PUBLIC REVIEW PERIOD DEADLINE FOR COMMENTS: MAY 25,2003 b PUBLISH DATE: APRIL 25,2003 1635 Faraday Avenue Carlsbad, CA 92008-731 4 - (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us January 30,2003 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: MCA 03-01/ZCAOO-O2/LCPA 00-09 DATE: April 11.2003 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: VARIOUS CODE CHANGES LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad - 1635 Faraday Avenue, Carlsbad, CONTACT PERSON AND PHONE NUME3ER: Scott Donne11 - (760) 602461 8 PROJECT LOCATION: N/A -The project amlies to properties throughout Carlsbad PROJECT SPONSOR’S NAME AND ADDRESS: City of Carlsbad - 1635 Faraday Avenue, Carlsbad. CA 92008 GENERAL PLAN DESIGNATION: N/A ZONING: NIA OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission PROJECT DESCRIPTION/ENVIRONMENTAL SE’ITING AND SURROUNDING LAND USES: The uroiect consists of a variety of text changes. some “housecleaning” in nature, to the Zoning Ordinance, and, to a lesser extent, other titles of the Citv’s Municipal Code. The changes affect the review and processing of administrative and discretionary actions for many twes of land use Drouosals. A Local Coastal Program Amendment is necessary because the Zoning Ordinance is the implementing ordinance of the Local Coastal Program. The uroiect proposes no phvsical development and, since it affects realations apulicable to prouerties citvwide. there is no specific Droiect site with a specific environmental setting or surrounding land uses. The changes prouosed to the Zoning Ordinance can be summarized and highlighted as follows: a. Revise urocedures for the noticing of continued heannvs and the review of some auplications, includinv subdivisions with panhandle lots and incomplete auplications. b. Revise and standardize the ameal urocess for most twes of land use decisions. C. Clarifv standards relating to allowed urotrusions above building height limits. d. Reulace outdated titles. such as reulacinv “land use planning manager” with “ulanning director” e. Update the names of zones to reflect currentlv adopted zones. f. Revise variance findings to be consistent with the California Government Code. g. Delete densitv urovisions that are inconsistent with the General Plan. h. Add a definition for “wireless communication facilities” (i.e.. cellular antenna facilities and the like) and incorporate by reference a City Council uolicy on the same. 1 Rev. 07/03/02 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Aesthetics 0 Geology/Soils 0 Noise 0 Agricultural Resources 0 HazardsMazardous Materials and Housing 0 Air Quality 0 Hydrology/Water Quality 0 Public Services 0 Biological Resources Land Use and Planning 0 Recreation 0 Mineral Resources 0 TransportatiodCirculation 0 Cultural Resources - 0 Utilities & Service Systems u Mandatory Findings of Significance 2 8 Rev. 07/03/02 DETERMINATION (To be completed by the Lead Agency) 1xI 0 0 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date ' ' 4-/10b3 Date 3 Rev. 07/03/02 4 ENVIRONMENTAL IMPACTS State Califomia Environmental Quality Act (CEQA) Guidelines, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. Thls checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. e “Potentially Significant Unless Mitigation Incorporated“ applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly Based on an “EM-Part II”, if a proposed project could have a potentially significant adverse effect on the adverse. 0 environment, but fl potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. 0 When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. 0 If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 4 Rev. 07/03/02 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EM-Part I1 analysis it is not possible to determine the level of significance for a potentialiy adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07/03/02 ISSUES (and SUDDorting Information Sources) I. AESTHETICS - Would the project: Have a substantial adverse effect on a scenic vista? (See Discussion of Environmental Evaluation.) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? (See Discussion of Environmental Evaluation.) Substantially degrade the existing visual character or quality of the site and its surroundings? (See Discussion of Environmental Evaluation.) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? (See Discussion of Environmental Evaluation.) 11. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1 997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (See Discussion of Environmental Evaluation.) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (See Discussion of Environmental Evaluation.) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? (See Discussion of Environmental Evaluation.) 111. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project : a) Conflict with or obstruct implementation of the applicable air quality plan? (See Discussion of Environmental Evaluation.) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (See Discussion of Environmental Evaluation.) Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 6 Rev. 07/03/02 ISSUES (and Sumortine Information Sources) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (See Discussion of Environmental Evaluation.) d) Expose sensitive receptors to substantial pollutant concentrations? (See Discussion of Environmental Evaluation.) Create objectionable odors affecting a substantial number of people? (See Discussion of Environmental Evaluation.) e) IV. BIOLOGICAL RESOURCES - Would the project: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? (See Discussion of Environmental Evaluation.) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? (See Discussion of Environmental Evaluation.) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? (See Discussion of Environmental Evaluation.) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (See Discussion of Environmental Evaluation.) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (See Discussion of Environmental Evaluation.) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (See Discussion of Environmental Evaluation.) Impact tributary areas that are environmentally sensitive? (See Discussion of Environmental Evaluation.) Potentially Significant Impact cl 0 0 0 0 0 0 0 0 0 Potential] y Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than 0 0 0 0 0 0 0 0 0 7 Rev. 07/03/02 /3 Potentially Significant Unless Mitigation Incorporated ISSUES (and SupDorting Information Sources) Potentially Significant Impact Less Than Significant No Impact Impact V. CULTURAL RESOURCES - Would the project: 0 0 ow a) Cause a substantial adverse change in the significance of a historical resource as defined in 4 15064.5? (See Discussion of Environmental Evaluation.) b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to $15064.5? (See Discussion of Environmental Evaluation.) c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? (See Discussion of Environmental Evaluation.) d) Disturb any human remains, including those interred outside of formal cemeteries? (See Discussion of Environmental Evaluation.) * 0 ow ow 0 0 0 0 ow VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 0 0 ow i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (See Discussion of Environmental Evaluation.) (See Discussion of Environmental Evaluation.) liquefaction? (See Discussion of Environmental Evaluation.) (See Discussion of Environmental Evaluation.) ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? (See Discussion of Environmental Evaluation.) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? (See Discussion of Environmental Evaluation.) d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? (See Discussion of Environmental Evaluation.) c) 0 nw ow ow uw ow ow 0 0 0 0 0 0 0 0 8 Rev. 07/03/02 ISSUES (and SuDportinp Information Sources) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (See Discussion of Environmental Evaluation.) VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (See Discussion of Environmental Evaluation.) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (See Discussion of Environmental Evaluation.) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (See Discussion of Environmental Evaluation.) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? (See Discussion of Environmental Evaluation.) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use auport, would the project result in a safety hazard for people residing or working in the project area? (See Discussion of Environmental Evaluation.) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (See Discussion of Environmental Evaluation.) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (See Discussion of Environmental Evaluation.) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (See Discussion of Environmental Evaluation.) VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? (See Discussion of Environmental Evaluation.) 9 Potentially Significant Impact 0 0 0 0 0 0 0 0 cl Potentially Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than 0 OIXI 0 OBI 0 OBI 0 0 0 0 0 0 ow ow ow Rev. 07/03/02 ISSUES (and Sumorting Information Sources) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (Le ... the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for whch permits have been granted)? (See Discussion of Environmental Evaluation.) Impacts to groundwater quality? (See Discussion of Environmental Evaluation.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? (See Discussion of Environmental Evaluation.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? (See Discussion of Environmental Evaluation.) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff! (See Discussion of Environmental Evaluation.) Otherwise substantially degrade water quality? (See Discussion of Environmental Evaluation.) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (See Discussion of Environmental Evaluation.) . Place within 100-year flood hazard area structures, which would impede or redirect flood flows? (See Discussion of Environmental Evaluation.) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (See Discussion of Environmental Evaluation.) Inundation by seiche, tsunami, or mudflow? (See Discussion of Environmental Evaluation.) Increased erosion (sediment) into receiving surface waters. (See Discussion of Environmental Evaluation.) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? (See Discussion of Environmental Evaluation.) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 OB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ow ow OH ow 10 Rev. 07/03/02 ISSUES (and SuDDortinp Information Sources) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? (See Discussion of Environmental Evaluation.) 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? (See Discussion of Environmental Evaluation.) p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? (See Discussion of Environmental Evaluation.) LAND USE AND PLANNING - Would the project: a) Physically divide an established community? (See Discussion of Environmental Evaluation.) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (See Discussion of Environmental Evaluation.) Conflict with any applicable habitat conservation plan or natural community conservation plan? (See Discussion of Environmental Evaluation.) IX. c) X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (See Discussion of Environmental Evaluation.) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (See Discussion of Environmental Evaluation.) XI. NOISE - Would the project result in: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? (See Discussion of Environmental Evaluation.) Exposure of persons to or generation of excessive groundbourne vibration or groundboume noise levels? (See Discussion of Environmental Evaluation.) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (See Discussion of Environmental Evaluation.) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (See Discussion of Environmental Evaluation.) Potentially Significant impact 0 0 0 0 0 0 0 0 0 0 Potentially Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than 0 ON ON 0 ON 0 OIXI 0 0 0 0 0 01x1 01x1 01x1 11 Rev. 07/03/02 /7 ISSUES (and Sumortinp Information Sources) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (See Discussion of Environmental Evaluation.) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (See Discussion of Environmental Evaluation.) MI. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (See Discussion of Environmental Evaluation.) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (See Discussion of Environmental Evaluation.) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (See Discussion of Environmental Evaluation.) XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? (See Discussion of Environmental Evaluation.) (See Discussion of Environmental Evaluation.) (See,Discussion' of Environmental Evaluation.) (See Discussion of Environmental Evaluation.) (See Discussion of Environmental Evaluation.) XIV. RECREATION a) Would the project increase the use of existing . neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (See Discussion of Environmental Evaluation.) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ixl (XI IXI (XI IXI IXI 12 Rev. 07/03/02 ISSUES (and Sumortine Information Sources) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (See Discussion of Environmental Evaluation.) XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (See Discussion of Environmental Evaluation.) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (See Discussion of Environmental Evaluation.) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (See Discussion of Environmental Evaluation.) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (See Discussion of Environmental Evaluation.) Result in inadequate emergency access? (See Discussion of Environmental Evaluation.) Result in insufficient parking capacity? (See Discussion of Environmental Evaluation.) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? (See Discussion of Environmental Evaluation.) XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (See Discussion of Environmental Evaluation.) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? (See Discussion of Environmental Evaluation.) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (See Discussion of Environmental Evaluation.) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (See Discussion of Environmental Evaluation.) Potentially Significant Impact 0 0 0 0 0 El 0 0 0 0 0 Potentially Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than 0 om 0 0 0 0 0 om ow ow ow ow ow ow ow ow ow 13 Rev. 07/03/02 ISSUES (and Supporting Information Sources) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (See Discussion of Environmental Evaluation.) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? (See Discussion of Environmental Evaluation.) Comply with federal, state, and local statutes and regulations related to solid waste? (See Discussion of Environmental Evaluation.) XVII. MANDATORY FINDINGS OF SIGNIFICANCE XVIII. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehstory? (See Discussion of Environmental Evaluation.) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) (See Discussion of Environmental Evaluation.) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? (See Discussion of Environmental Evaluation.) EARLIER ANALYSES Potentially Significant Impact 0 0 0 0 0 0 Potentially Significant Mitigation Significant NO Incorporated Impact Impact Unless Less Than ‘U 0 ow 0 IXI Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONRlENTAL EVALUATION AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? No Impact (a, b, c, and d) - The project neither proposes any new development, standard, or procedure nor changes any existing standard or procedure in a way that would have an adverse affect on a scenic vista or resource, on visual character, or on any view. Land use applications processed in accord with the proposed requirements and procedures will be subject to environmental review as required by the California Environmental Quality Act (CEQA) at which time aesthetic impacts can be assessed. The project may make a positive contribution toward visual quality by proposing to incorporate by reference into the Zoning Ordinance the existing City Council policy on wireless communication facilities (which include structures such as cellular towers and antennas). As a result, effectiveness and awareness of this policy, which includes location and appearance guidelines, would increase. AGRICULTRAL RESOURCES - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? No Impact (a, b, and c) - The project’s text amendments propose no development nor do they affect any existing standard or propose any new standard that would (1) convert farmland to a non-agricultural use; (2) conflict with existing zoning for agricultural uses or a Williamson Act contract; or (3) involve other changes in the existing environment that would result in conversion of farmland to a non-farm use. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. None of the project’s text changes involves or affects standards for implementation of an air quality plan. Carlsbad is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for paiticulate matter less than or equal to 10 microns in diameter (PMlo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in dand foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (UQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to 15 Rev. 07/03/02 the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Development projects relate to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that a project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: 0 0 Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. As previously mentioned, the project involves text amendments to the Zoning Ordinance, Municipal Code and Local Coastal Program and proposes no development of any property. Furthermore, the project does not propose any change that would conflict with or obstruct implementation of an air quality plan. The City will evaluate future development proposals processed and reviewed in accord with the proposed amendments for consistency with the growth assumptions of the City’s General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan because it will not in any way conflict with or obstructs its implementation. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The closest air quality monitoring station to Carlsbad is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The proposed amendments, which consist of general processing and review requirement changes for land use projects, propose no physical development or air quality planning or standard changes. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any air quality impacts. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? No Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended tine particulates. The project’s amendments to the text of the Zoning Ordinance, Municipal Code, and Local Coastal Program do not propose or affect any standard that would result in a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. Additionally, these amendments do not include a proposal for physical development of any property in Carlsbad. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any air quality impacts. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The project does not include a proposal for any physical development of any site, nor does it propose or affect any standards relating to air quality or pollution. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any air quality impacts. e) Create objectionable odors affecting a substantial number of people? No Impact. The project does not propose or affect any standard relating to air quality. The City will evaluate future development projects subject to the proposed text revisions through the CEQA process to determine if the project would create objectionable odors that would affect a large number of people. 16 Rev. 07/03/02 J& BIOLOGICAL, RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? d) No Impact (a, b, c & d) - The project does not propose or affect any standard that would result in an adverse effect on any sensitive habitat or species, or interfere with any native or migratory wildlife corridor or native wildlife nursery site. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any biological resource impacts. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? f) No Impact (e & f) - The project does not propose nor affect any standard that would result in a conflict with local policies and ordinances that protect biological resources or the provisions of any habitat conservation plan. g) Impact tributary areas that are environmentally sensitive? No Impact - The project’s text amendments do not include a proposal for any physical development of any site, and none of the amendments affects or proposes any standard that would result in an adverse impact to any environmentally sensitive tributary area. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any potential impacts. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact (a, b, c & d) - The project does not include a proposal for any physical development of any site. Additionally, the project does not propose any new standard or affect any existing standard that would result in a disturbance of any human remains or an adverse impact to any historical, archeological, or paleontological resource. Since Carlsbad contains cultural resources near its lagoons, future development proposals processed and reviewed in accord with amendments proposed by the project will be subject to CEQA review and the City’s Cultural Resource Guidelines. 17 Rev. 07/03/02 GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? No impact (i - iv.) The project does not include a proposal for any physical development of any site. The project also does not affect or propose any standard relating to geology and soils. Though no particular site analysis is possible, general information about earthquake and landslide impacts to Carlsbad is known. There are no Alquist- Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active of potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. Landslides are also a potential threat in parts of the City. All development proposals in Carlsbad are subject to site-specific environmental review pursuant to CEQA, which results in the application of requirements such as the Uniform Building Code earthquake construction standards and soil remediation that when necessary ensure potential adverse effects are not significant. b3 Result in substantial soil erosion or the loss of topsoil? No Impact - The project does not include a proposal for any physical development of any site. In addition, the project does not affect or propose any standard regarding the control of soil erosion or topsoil loss. Any future development subject to the project's revised processing requirements and review procedures will be subject to mher environmental review according to CEQA and the City's Engineering standards, and done on a site specific basis. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact (c, d & e) - The project does not include a proposal for any physical development of any site. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review and the City's Engineering standards on a site-specific basis. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) . Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 18 Rev. 07/03/02 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? NO Impact (a, b, c & d) - The project does not include a proposal for any physical development of any site or a change or adoption of any standard that would result in exposure to hazardous materials. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine the extent and, if necessary, mitigation of hazardous materials. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? f) No Impact (e & f) - The project’s proposed amendments do not affect nor propose any standard relating to the safety of people working near an airport. The individual CEQA review of land use proposals within the influence area of the McClellan-Palomar Airport will include evaluation of potential safety hazards based on the airport’s Comprehensive Land Use Plan. No Impact response or Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (g & h) - The project neither affects nor proposes any standard relating to an adopted emergency evacuation plan or a standard that might expose people to a significant wildfire risk. The City will evaluate risks associated with development projects in wildland-urban interface areas upon the submittal of the individual project. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? 0 Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? No Impact (a, b, c, d, e, f & g) -The project does not affect or propose any standard that would have an adverse effect on water quality, groundwater, stormwater drainage, capacity, or patterns, or erosion or flooding. Future 19 Rev. 07/03/02 development proposals processed and reviewed in accord with the project’s text amendments proposed will be subject to CEQA review to determine any potential hydrology and water quality impacts h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact (h & i) - Project amendments propose no development and do not affect or propose any standard that would result in placing a building or structure with a flood hazard area. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any potential impacts. j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? No Impact would expose people to flooding risks, including flooding caused by dam breaks or tsunamis. development subject to the proposed changes will be subject to further CEQA review on a site-specific basis. & k) - Project amendments propose no development and do not affect or propose any standard ‘that Any future 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact (1, m, n, o & p) - The project does not propose any development nor affect or propose any standard that would result in increased erosion or pollutant discharges into any surface waters, a change to receiving water quality, or an exceedance of receiving water quality objectives. Future development proposals processed and reviewed in accord with the amendments proposed will be subject to CEQA review to determine any potential impacts. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? No Impact - The project does not include a proposal for any physical development of any site nor does it affect any standard that would result in the division of an established community. Any future development subject to the project’s text amendments will be subject to further environmental review pursuant to CEQA on a site-specific basis. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited .to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact - Proposed changes do not propose or affect any standard that would conflict with any City land use plan, policy, or regulation. Conversely, the revisions eliminate existing conflicts and improve awareness of city standards by (1) deleting density provisions in the Zoning Ordinance that conflict with General Plan density ranges 20 -’& Rev. 07/03/02 and Growth Management control points, and; (2) incorporating by reference into the Zoning Ordinance a city po1:cy on wireless communication facilities. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact - The project does not affect any particular site in the site and it proposes no development. Additionally, proposed text amendments neither affect nor propose any standard that would conflict with any habitat conservation plan or natural community conservation plan. Instead, any potential conflicts with the conservation plans will be determined as part of the individual environmental review that land use proposals undergo. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact (a & b) - The project does not include a proposal for any physical development of any site and it does not propose or affect any standard that would result in the loss of a mineral considered important or valuable on a local, regional, or state level. Future development processed according to the project’s text amendments will be subject to further environmental review pursuant to CEQA on a site-specific basis. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact (a, b, c & d) - The project does not include a proposal for any physical development of any site. It also does not affect or propose any standard that would result in exposing people to excessive noise levels or groundbourne vibrations, or increase noise levels. Future development processed according to the project’s text amendments will be subject to further environmental review pursuant to CEQA on a site-specific basis. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people’residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (e & f) - The project does not include a proposal for any physical development of any site, and it does not affect or propose any standard that would result in exposing people to excessive noise levels associated with an airport. Land use proposals processed in accord with the proposed requirements and procedures will be subject to individual environmental review. As necessary, required compliance with the Comprehensive Land Use Plan for McClellan-Palomar Airport will ensure that future development avoids exposure to excessive airport noise levels. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 21 Rev. 0 7/03/02 No Impact (a) - The project does not include a component to develop land or infrastructure or make land available or more feasible for development. Future development processed according to the project’s text amendments will be subject to CEQA review on a site-specific basis. All future development within Carlsbad must comply with the City’s growth projections contained in the Growth Management Program. Because the City has planned all public facilities (roads, infrastructure, etc) to accommodate the growth necessary. b) c) No Impact anticipated in the Growth Management Program, no substantial new roads or infrastructure will be Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (b & c) - The project proposes not development nor does it propose or affect any standard that would result in the displacement -of any existing housing or people. Future development processed according to the project’s text amendments will be subject to CEQA review on a site-specific basis. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 1. Fire protection? ii. Police protection? iii. Schools? iv. Parks? V. Other public facilities? No Impact (a.i to a.v.) - The project does not affect or propose any standard that would result in adverse impacts to the maintenance of acceptable service ratios, response times or other performance objectives for any public service. Future development processed according to the project’s text amendments will be subject to CEQA.review on a site- specific basis. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact (a & b) - The project proposes no development, and it does not affect existing recreational facilities in any way. Moreover, it does not include any recreation component or generate the need for the same. A performance standard for parks is part of the City’s Growth Management Program. Future development that is processed according to the project’s text amendments will be required to comply with this performance standard, which ensures future development will not adversely impact any park facilities. TRANSPORTATION/TRAFFIC-Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? No Impact - The project does not include a proposal for any physical development of any site, and it does not affect or propose any standard that might cause an increase in traffic. 22 Rev. 07/03/02 A performance standard for traffic is part of the City’s Growth Management Program. Future development that is processed according to the project’s text amendments will be required to comply with this performance standard, which ensures future development will not exceed the traffic load and capacity of the city’s street system. In addition, future development will also undergo CEQA review on a site-specific basis. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact - SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two tughway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing ADT* Los Buildout ADT* Rancho Santa Fe Road 15-32 “A-C” 28-43 El Camino Real 21-50 “A-C” 32-65 Palomar Airport Road 10-52 ‘‘A-B” 29-77 SR 78 120 “F’ 144 *The numbers are in thousands of daily trips. ’ 1-5 183-198 “D” 2 19-249 The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E’, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildsut ADT projections are based on the full implementation of the region’s general and community plans. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the ‘ adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. This project proposes no physical development of a property. Further, it does not propose to change or add a standard that would affect levels of service as established by the CMP. The City will assess a development proposal processed in accord with the text amendments for compliance with CMP standards as part of its environmental review. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact - The project does not include any aviation components. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. d) Substantially increase hazards due to a design feature or incompatible uses? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? No Impact (d, e, f) - The project’s proposed text amendments to the Zoning Ordinance, Municipal Code, and Local Coastal Program do not affect or propose any standard that might hinder adequate emergency access, result in insufficient parking capacity, or substantially increase a hazard because of design or a use. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact - The project proposes no physical development of any property or a change in or adoption of a standard supporting alternative transportation. Furthermore, the proposed text changes will not affect the required CEQA review of all development projects. 23 Rev. 07/03/02 UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact - The project does not include a proposal for any physical development or to change or add any standard that would cause wastewater treatment requirements to be exceeded. Future development processed according to the project’s text amendments will be subject to further environmental review, including an analysis of wastewater treatment impacts, pursuant to CEQA and on a site-specific basis. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact (b, c, d & e) - All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The project does not include a proposal for any physical development of any site. Additionally, the project does not affect or propose any standard that would increase the need for or conflict with the current growth projections for water facilities, wastewater treatment or drainage facilities. Future development processed according to the project’s text amendments will be subject to CEQA review, including an analysis of wastewater, water, and infrastructure impacts, on a site-specific basis. 0 Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact (f & g) - The project contains no development component and thus generates no waste. Moreover, its proposed text amendments do not conflict with any regulations related to solid waste, including regulations that might affect landfill capacity. Future development processed according to the project’s text amendments will be subject to CEQA review, including analysis of solid waste impacts on a site-specific basis. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact - The proposed amendments to the Zoning Ordinance, Municipal Code and Local Coastal Program do not include a component to physically develop any site. Moreover, the project does not affect or propose any standard that would have the potential to degrade or reduce environmental quality, fish or wildlife habitat or populations, or eliminate key examples of state hstory or prehistory. Any future development processed in accord with the revised text amendments will be subject CEQA review on a site-specific basis. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable 24 Rev. Q71031Q2 93 when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region-wide standards. The proposed project does not affect or recommend any standard that would conflict with City or region-wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As discussed above, the project does not include a proposal for any physical development of any site or a proposal that would have an effect on an air quality or regional circulation standard. Construction of fbture projects processed in accord with the project’s proposed text amendments would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with fbture development would be minimal. According to the CEQA Guidelines Section 15130 (a)(4), the contributions of these future developments to the cumulative impact would be ‘considered de minimus. Any impact would be assessed as less than significant. In addition, as discussed above, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan, that these designated roadways will fbnction at acceptable levels of service in the short-term and at build-out. The project does not affect the City’s growth projections. Further, city standards and regulations will ensure that future development subject to the proposed project will not result in a significant cumulative considerable impact. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? No Impact - The project does not include a proposal for any physical development of any site. The project does not affect or propose any standard that would adversely affect people either directly or indirectly. Future development processed according to the project’s text amendments will be subject to CEQA review on a site-specific basis. EARLIER ANALYSES USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, September 6, 1994. 3. Zoning Ordinance (Title 21 of the Carlsbad Municipal Code) 25 Rev. Q7lQ3IO2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO AMEND TITLE 21 OF THE MUNICIPAL CODE BY AMENDING VARIOUS PROCEDURES AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) REVISING AND CLARIFYING SOME REVIEW PROCEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND, (5) ADDING A DEFINITION FOR WIRELESS COMMUNICATION FACILITIES AND INCORPORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES CASE NO.: ZCA 00-02/LCPA 00-09 WHEREAS, the Planning Director, has prepared an amendment to Title 21 of the Municipal Code (Zoning Ordinance) amending various standards related to the review and processing of land use applications proposed throughout the City; and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 20th day of August, 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, 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. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit “ND,” according to Exhibits “NOI” dated April 25, 2003, and “PII” dated April 18, 2003, attached hereto and made a part hereof, based on the following findings: Findinps: 1. ... ... ... ... ... ... ... ... ... ... ... .I. The Planning Commission of the City of Carlsbad does hereby find: a. It has reviewed, analyzed and considered the Negative Declaration for the Various Code Changes (ZCA 00-02/LCPA 00-09), the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. Based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5449 -2- 1 1 - 4 4 i 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of August 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None E&LQ-- Chairperson CARLSE&)&)4NNING COMMISSION ATTEST: MICHAEL J. HO-MIL&R Planning Director PC RES0 NO. 5449 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND VARIOUS PROCEDURES OF TITLE 21 OF THE MUNICIPAL CODE AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) CEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND, (5) ADDING A DEFINITION FOR PORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES REVISING AND CLARIFYING SOME REVIEW PRO- WIRELESS COMI"ICATI0N FACILITIES AND INCOR- CASE NO: ZCA 00-02 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to amend various standards of Title 21 of the Municipal Code (Zoning Ordinance) related to the review and processing of land use applications proposed throughout the City; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit "X" dated, August 20, 2003, and attached hereto VARIOUS CODE CHANGES - ZCA 00-02; and WHEREAS, the Planning Commission did on the 20th day of August 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: fi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. ... ... ... ... ... ... ... ... ... ... ... That the proposed Zone Code Amendment ZCA 00-02 is consistent with the goals and objectives of the General Plan in the following ways: a. The proposed amendment clarifies and improves the development review process. This is consistent with the General Plan Land Use Element Overall Land Use Pattern Goal A.l, which seeks to enhance the image of Carlsbad as a desirable community. b. The proposed amendment repeals density provisions that are inconsistent with General Plan. State law (Government Code Section 65860(c)) mandates that the Zoning Ordinance be consistent with the General Plan. c. The proposed amendment incorporates by reference the City Council policy on wireless communication facilities. This is in keeping with General Plan Land Use Element Overall Land Use Pattern Objective B.2, which states in part, “To create a visual form for the community, that is pleasing to the eye. 99 .. That the proposed ZCA reflects sound principles of good planning in that it (a) complies with the General Plan, (b) ensures consistency between the Zoning Ordinance and Local Coastal Program, and (c) amends several provisions that improve and clarify the development review process. A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission 02, based on the following findings: RECOMMENDS APPROVAL of VARIOUS CODE CHANGES - ZCA 00- Findings: PC RES0 NO. 5450 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission vote, to wit: .I PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning f the City of Carlsbad, held on the 20th day of August 2003, by the following AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None JULIE Bwerson CARLSB ING COMMISSION ATTEST: . MICHAEL J. H~LZ~LER Planning Director PC RES0 NO. 5450 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND VARIOUS SECTIONS OF TITLE ‘ 21 OF THE MUNICIPAL CODE AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) REVISING AND CLARIFYING SOME REVIEW PROCEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN, AND; (5) TION FACILITIES AND INCORPORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES ADDING A DEFINITION FOR WIRELESS COMMUNICA- CASE NO: LCPA 00-09 WHEREAS, California State law requires that the Local Coastal Program and Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal Program is required in conjunction with an amendment to the Zoning Ordinance to ensure consistency between the two documents; and WHEREAS, the Planning Director has prepared text amendments to Title 21 of the Municipal Code (Zoning Ordinance) relating to the review and processing of land use applications proposed throughout the City; and WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of Carlsbad Local Coastal Program; and WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application for an amendment to the Local Coastal Program; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X” dated August 20, 2003, attached to Planning Commission Resolution No. 5450 and incorporated herein by reference, as provided in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Resources Code Section 305 4 and Article 15 of Subchapter 2, Chapter 8, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 20th day of August 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, in accordance with California Coastal Commission requirements, the Local Coastal Program Amendment was subject to a six-week public review period, starting on April 24, 2003, and ending June 5, 2003, and the Planning Commission considered all comments received, if any. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of VARIOUS CODE CHANGES - LCPA 00-09, based on the following findings: Findinm: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I, Mello 11, Agua Hedionda Lagoon, East Batiquitos Lagoon, West Batiquitos Lagoon, and the Village Redevelopment Plan segments of the Carlsbad Local Coastal Program not being amended by this amendment, in that it ensures consistency with the Carlsbad Zoning Ordinance and does not alter any coastal zone regulations, land use designations or policies, with which future projects processed according to the Local Coastal Program Amendment’s proposed changes must comply. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 00-02). 2. PC RES0 NO. 5451 -2- la 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Cornmi sion of the City of Carlsbad, held on the 20th day of August 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None G COMMISSION ATTEST: MICHAEL J. H~Z~LER Planning Director PC RES0 NO. 5451 -3- EXHIBIT 5 ’the City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. @ Application complete date: N/A P.C. AGENDA OF: August 20,2003 I Project Planner: Scott Donne11 Project Engineer: N/A SUBJECT: ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES - Request for a recommendation of adoption of a Negative Declaration and approval of a Zone Code Amendment and Local Coastal Program Amendment for a variety of changes to the text of the Zoning Ordinance. Also presented as a receive and file item only are related, minor changes to other titles of the Municipal Code besides the Zoning Ordinance that the City Council will review and consider for approval. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5449, 5450 and 545 1 RECOMMENDING ADOPTION of the Negative Declaration and RECOMMENDING APPROVAL of ZCA 00-02 and LCPA 00-09 based upon the findings contained therein and RECEIVE AND FILE the proposed ordinance amending titles of the Municipal Code other thm the Zoning Ordinance. 11. INTRODUCTION The Planning Department, in conjunction with the City Attorney, proposes a significant number of revisions to the text of the Zoning Ordinance, or Title 21 of the Municipal Code. While the proposal affects dozens of Code sections, it is not a comprehensive overhaul; instead, the project focuses on specific aspects of the Zoning Ordinance, such as review requirements for subdivisions with panhandle lots, the appeal process for most land use applications, and titles of various city officials involved in land use review. Many of the project changes are also minor and “housecleaning” in nature. Furthermore, some of the planned Zoning Ordinance revisions are also amendments proposed to other Municipal Code titles. For example, staff has proposed revisions to Title 19, which establishes environmental protection procedures, to ensure consistency with proposed Zoning Ordinance changes to the appeal process. Additionally, changes to the titles of various city officials are proposed throughout the Municipal Code. Since city ordinances and state planning law (Government Code Section 65 103) limit the Planning Commission’s review to zoning and land use matters, changes proposed to Municipal Code titles other than the Zoning Ordinance are provided as a receive and file attachment to this report. Because the City’s Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program (LCP), staff has also prepared an LCP Amendment to ensure consistency between the proposed amended Zoning Ordinance and the LCP. The proposed changes to Municipal Code titles besides the Zoning Ordinance are not a part of the LCP Amendment. ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 111. PROJECT DESCRIPTION AND BACKGROUND The Zone Code Amendment consists of text changes only that would apply citywide. Accordingly, the project proposes no development and it does not affect any particular property or section of the City. In addition, though the project does not propose a complete Code revision, proposed changes would still improve the Zoning Ordinance: A. Consistency, both internally and with other titles of the Municipal Code; B. Usability, by standardizing and clarifying some procedures; and, C. Relevancy, through updates that incorporate current terms and procedures. A list of the recommended changes follows: A. Revise standards for the noticing of continued public hearings; B. Revise the review requirements for subdivisions with panhandle lots; C. Amend procedures for incomplete application; D. Revise and standardize the appeal process for most types of land use decisions; E. Revise variance findings to be consistent with the California Govemment Code; F. Change provisions affecting the review of General Plan and Zoning Ordinance G. Repeal density provisions that are inconsistent with the General Plan; H. Update Chapter 2 1.05 to reflect currently adopted zones; I. Replace outdated titles, such as “land use planning manager,” with current titles, such as “planning director”; J. Add a definition for “wireless communication facilities” and incorporate by reference a City Council policy on the same; and, K. Miscellaneous, minor changes. amendments; Staffs analysis of each proposed change follows. IV. ANALYSIS Two attachments to this staff report show all proposed Zoning Ordinance changes. One attachment is a strikeout, bold version of the proposed ordinance, showing all existing, affected text, and all proposed edits. A second attachment, part of the recommending resolution approving Zone Code Amendment ZCA 00-02, is the “clean” version of the proposed ordinance that references the section numbers affected and shows only how the sections would appear after completing all recommended deletions and additions, except title changes. The sections found in both attachments are listed in the same order as found in the Zoning Ordinance. As in the attached strike-out and bold version, throughout this analysis section, proposed deletions to the text of the Zoning Ordinance are shown as s&=&ea& and proposed additions are shown in bold. A. Revise standards for the noticing of continued hearings Background Zoning Ordinance Section 21.54.100 states that when a decision-making body such as the Planning Commission holds a public hearing, it may continue the public hearing without renoticing surrounding property owners only if the date, time and place to which the matter will 6 5 3 ZCA 00-02/LCPA 00-09 - VAFUOUS CODE CHANGES August 20,2003 be continued is publicly announced at that initial hearing. While implied for all public hearings, the Zoning Ordinance explicitly requires renoticing for public hearing items continued to a date uncertain only if the items are located in the Coastal Zone. The City adopted the text for this section in 1956 as part of Ordinance 9060, one of Carlsbad’s first zoning ordinances. In 1996, the City amended the section to include the Coastal Zone noticing requirement. Proposal Staff recommends revising Section 21.54.100 so it clearly requires the renoticing of all public hearing items continued to a date uncertain, not just those in the Coastal Zone. Below are staffs recommended revisions, which also broaden the renoticing requirement to include any public hearing item, rather than just development permits. “2 1.54.100 Hearing continuance with& public notice. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. However, , if a decision on a matter set for public hearing is continued by the decision-making body .. ’ to a time which is not bi.J 31 < 44@+w+j . announced at the hearing to be ee&kw&e a time certain, the city shall provide notice of the further hearings for action on the proposed developmentj in the same manner and within the same time limits as established in Sections 21.54.060 and 21.54.061.” B. Revise review requirements for subdivisions with panhandle lots Background As their name implies, panhandle lots, also known as flag lots, have a long, narrow throat that connects to a developable area. Three separate Zoning Ordinance sections provide review standards for subdivisions with panhandle lots. In the first two sections, Sections 21 .OS.OSO(b) and 21.09.120(2), found in the R-A and R-E zone standards, respectively, require City Council approval of major subdivisions (5 or more lots) with panhandle lots and Planning Commission approval of minor subdivisions with panhandle lots. The City adopted these provisions in the late 1970s. The third section regulating panhandle lots is Section 21.10.080(b), part of the standards for the R- 1 zone. However, this section’s review requirements are slightly different from the other two. In 1981, the City amended this section to allow the “land use planning manager,” (the term “Planning Director” is used today), rather than the Planning Commission, to approve minor subdivisions (4 or fewer lots) with panhandle lots. Apparently, the City felt minor subdivisions with panhandle lots could be approved administratively because they were routine approvals. It is unclear why the amendment did not also extend to panhandle subdivisions in the R-A and R-E zones. Review requirements for subdivisions with panhandle lots are unique. As stated in Title 20 (“Subdivisions”) of the Municipal Code, all other subdivisions require city engineer approval if they contain fewer than five lots (see Section 20.24.090 (4)); planning commission approval if ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 4 they contain between five and fifty lots (see Section 20.12.080(2)(A)); and city council approval if they contain more than fifty lots (see Secjion 20.12.080(2)(B)). Proposal Proposed amendments would change each of the three Zoning Ordinance sections regulating review of subdivisions with panhandle lots to require a review process identical to the existing review process for all other subdivisions. Accordingly, staff has proposed to revise Sections 2 1.08.080(b) and 2 1.09.120(2) as follows: “The official or decision-making body with the authority to otherwise approve the subdivision &; cxci! ff approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist : ” . .. .. . .. . .. : may Shown below are the planned revisions to the slightly different wording of Section 21.10.080(b). “The official or decision-making body with the authority to otherwise approve the subdivision 7 3 may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist:” . .. . .. Additionally, in Sections 21.08.080(d)(10) and 21.10.080(d)(10) of the R-A and R-1 zones, respectively, the following amendments are proposed. Note that the second section differs from the first in that it references the “land use planning manager,” instead of the “planning commission.” “2 1 .08.080(d)( 10) Any other condition the official or decision-making body with the authority to otherwise approve the subdivision e+ewwks may determine to be necessary to properly develop such property.” “21.10.080(d)( 10) Any other condition the official or decision-making may determine to be necessary to properly develop body with the authority to otherwise approve the subdivision such property.” Staffs analysis of panhandle review requirements also determined the appropriateness of other related changes as follows. 1. Sections 2 1 .08.080(d)( 1) and 2 1.10.080(d)( 1) of the R-A and R-1 zones, respectively, indicate that either the planning commission or land use planning manager may approve certain modifications to panhandle lot site plans. Staffs proposed changes to Section 21.08.08O(d)(l) are as follows (note that the changes to the R-1 zone section are essentially the same, except that it cites the “land use planning manager” rather than “planning commission”): 17 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 “21.08.08O(d)(l) The area of the buildable portion of the lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square- foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with the authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots, with a buildable portion of less than ten thousand square feet, is approved, development within such subdivision shall conform to the plan as approved. .. Besides the recommended wording to allow subdivisions with panhandle lots to be reviewed as are all other subdivisions, staff has also proposed to delete the last portion of the section regarding approval or denial of modifications. This deletion is recommended for reasons of flexibility and simplicity. If this section, for example, tied the approval of a modificatio’n to either the appropriate official or decision-making body, it might require City Council approval of small changes proposed to the parking areas of flag lots in an approved 60-lot subdivision. In reality, these changes may only warrant staff review and approval. Staff believes that the City’s review procedures and the conditions placed on tentative maps are sufficient to address the review and processing of planned modifications. 2. In the R-A and R-1 zones, Sections 21.08.080(d)(2) and 21.10.080(d)(10) require the width of the buildable portion of a panhandle lot to be the same as the width required for interior lots in the zone district. Since both zones require a general minimum lot width but not a specific interior lot width, staff recommends deleting the word “interior.” 3. Finally, in the R-E zone, Section 21.09.120(2)(F) requires the design of parking and access on a panhandle lot to be to the satisfaction of the land use planning manager. In the R-A zone (see Section 21.08.080(d)(7)) and R-1 zone (see Section 21.10.O8O(d)(7)), the other two zoning districts that contain panhandle lot provisions, the city engineer, rather than the land use planning manager, is the approving official. Staff believes the city engineer is the proper reviewing authority, and therefore recommend the following changes to the section: “Each lot shall have at least three nontandem parking spaces, with an approach not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designed to the satisfaction of the city engineer lam4 9, ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 6 C. Amend incomplete application procedures Background Zoning Ordinance Section 21 ~4.010 establishes the basic requirements for the filing and review of land use applications. Included are the processing procedures for applications the City determines incomplete. An incomplete application or proposal is one that fails to provide all the required filing information. From the date the Planning Director determines an application incomplete, the Section states the applicant has six months to resubmit the application or else it will be deemed withdrawn. Additionally, the Section also provides that the applicant may file an appeal of an incompleteness determination with the Planning Commission within 20 days of the date of the incompleteness determination. Upon the proper filing of an appeal, the Commission must act on it within 60 days. While contained in the current Zoning Ordinance, the processing requirements for incomplete applications, as stated above, are invalid. Section 21.54.010(e) states the requirements became ineffective on January 2, 1991, unless extended by ordinance. To date, no such extension has taken place. Proposal The primary change to amend the incomplete application procedures is simply to repeal all of subsection (e), thereby eliminating any sunset clause and reinstating the requirement that applications inactive for more than six months will be deemed withdrawn. Other recommended changes to the Section are proposed to ensure the City’s process for an applicant to appeal a Planning Director’s determination of incompleteness is (1) consistent with state planning law and (2) part of this Zone Code Amendment’s efforts to standardize the appeal process throughout the Zoning Ordinance. Regarding the former, state law (Government Code Section 65943) mandates the hearing of an appeal of an incompleteness determination before the Planning Commission and City Council within 60 days of its filing with the Planning Commission. The present Zoning Ordinance, in Section 21.54.010(c), requires only the Planning Commission to act within 60 days. Regarding the latter, among, the changes proposed as part of the appeal process standardization is the decrease in the appeal filing period from 20 to 10 days. The next item below provides more details on the proposed changes to the appeal procedures found throughout the Zoning Ordinance. D. Revise and standardize the appeal process for most types of land use decisions Background The most significant component of this Zone Code Amendment is the proposed changes to appeal procedures. Amendments are proposed to every Zoning Ordinance section (there are more than 30) regarding appeals, except in two cases: the appeal provisions found in Chapter 21.41, the Sign Ordinance, and Chapter 21.43, the Adult Entertainment Ordinance. Staff has not proposed to revise these chapters because their appeal provisions must be expressly tailored to address First Amendment issues related to freedom of speech and freedom of expression. Furthermore, the City’s update of the Sign Ordinance in 2001 included the necessary appeal provisions, and the redrafting of Adult Entertainment Ordinance is currently underway. s9 ZCA OO-OZ/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 7 Although the City has amended many Zoning Ordinance appeal standards at least twice in the past ten years, it has not done so in a comprehensive fashion. The lack of a complete revision helps to underscore the problem of inconsistency between the various appeal provisions, many of which the City adopted at different times and to address different needs. For example, Section 21.201.120 A. of the Coastal Development Permit Procedures Chapter, specifies the following about appeals to the Planning Commission: “The decision of the planning commission is final and effective ten calendar days after the adoption of the resolution of decision unless within such ten-day period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the city council 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 planning commission is in error. The decision of the planning commission shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the planning commission is in error, inconsistent with state law, the general plan, LCP, 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 days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final.” Described in Section 2 1.10.080(e) is a different, simpler appeal process for planning director decisions on subdivisions with panhandle lots in the R-1 zone. “Any decision of the land use planning manager shall promptly be reported to the planning commission and city council and is final unless appealed within ten days to the planning commission. The decision of the planning commission is final unless appealed within ten days to the city council. The decision of the council is final.” In Section 2 1.54.140(b), another appeal process is established for all planning director decisions or determinations for which an appeal process is not already established. “Whenever the planning director is authorized, pursuant to this title, to make a decision or determination, such decision or determination is final unless the determination or decision is appealed by an interested person to the planning commission. An individual member of the city council 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 planning director is in error. The burden of proof is on the appellant to establish by substantial evidence that the reason(s) for the appeal exist. The hearing before the planning commission is de novo, but the planning commission shall determine all matters not specified in the appeal have been found by the planning director and are supported by substantial evidence. If the planning commission finds one or more grounds set forth in the notice of appeal supported by substantial evidence, it may, nevertheless, affirm, modify, or reverse the action of the planning commission, ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 8 (sic) and make such order supported by substantial evidence as it deems appropriate, including remand to the planning director with directions for further proceedings. The appeal shall be filed in writing with the secretary of the planning commission within ten calendar days after the date of the planning director’s decision. The planning 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. The planning commission action on an appeal shall be final. Fees for filing an appeal under this section shall be established by resolution of the city council.” Proposal Staff recommends the following comprehensive changes to the appeal procedures of the Zoning Ordinance. As discussed above, proposed changes do not apply to the Sign Ordinance and Adult Entertainment Ordinance. 1. To ensure consistency, consolidate all Zoning Ordinance appeal procedures into two sections. Staff proposes modifying Section 21 S4.140, partly quoted above, to contain the procedure for the appeal of Planning Director or Housing and Redevelopment Director decisions to, as appropriate, the Planning Commission or Design Review Board. Staff also recommends adding a second, new section (Section 21.54.150) to contain the same procedure, but for the appeal of Planning Commission or Design Review Board decisions to, as appropriate, the City Council or Housing and Redevelopment Commission. 2. Amend all zoning ordinance sections currently containing appeal procedures so they refer the reader to one of the two sections mentioned above with wording similar to the following: “The effective date of the planning commission’s decision and method for appeal of such decision shall be governed by Section 21.54.140 of this Code.” 3. Establish in the two recommended sections a standardized, consistent process to address all aspects of filing an appeal. To this end, staff does not propose to change the ten-day appeal-filing period that most Zoning Ordinance appeal sections presently allow. However, staff does recommend reformatting and modifying existing Section 21.54.140 so it provides appeal requirements in a clear, comprehensive manner. (The new recommended Section 21 S4.150 will be identical to Section 21.54.140, except that it will address Planning Commission and Design Review Board appeals.) Some of the changes proposed include: a. Adding that appeal procedures also apply to decisions made pursuant to the Environmental Protection Procedures Ordinance, which is Title 19 of the Municipal Code. Staff has also proposed related amendments to Title 19. b. Establishing how and when a decision becomes final and effective. c. Clarifying that a properly filed appeal’stays the effect of the director’s decision until the Planning Commission or Design Review Board acts on the decision. ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 9 d. Removing the requirement that the appellant demonstrate the manner in which the director’s decision was in error. With the existing requirement that the appellant demonstrate substantial evidence exists to support the appeal, there is no reason to further require proof of an erroneous decision. e. Requiring that the appeal be noticed and heard in the same manner as was required of the original decision. f. Establishing that the appeal hearing will occur as soon as practicable. This will replace some existing timeframes that require the hearing of appeals within 20 or 30 days of the appeal filing. While still emphasizing that staff needs to schedule appeal hearings in an expeditious manner, it also allows for accommodation of full meeting agendas, holidays, and scheduling needs. (Please note that to remain consistent with state law, staff will not change the 60-day deadline for hearing of an appeal on an incompleteness determination, as discussed in item C.) g. Establishing that reversal of a Planning Commission (or Design Review Board) decision on appeal by the City Council (or Housing and Redevelopment Commission) will require three affirmative votes. This requirement is consistent with a recent amendment to state law as found in Government Code Section 36936. For the Planning Commission’s information only, staff has attached proposed changes to Chapter 19.04 (“Environmental Protection Procedures”) of Municipal Code Title 19. For appeal procedures, sections of this chapter reference the Zoning Ordinance. Staffs proposed revisions to Title 19 are necessary to ensure consistency with the recommended Zoning Ordinance appeal changes described previously. E. Revise variance findings to be consistent with the California Government Code Background Local governments may approve a variance to allow deviations from development standards, such as setbacks, lot sizes, and building height. However, a city may grant a variance only if it can make specific findings that unique circumstances exist to justify deviating from standards. The Zoning Ordinance contains the following three sections that list the necessary findings to grant a variance: 1. Section 21.35.130, in the Village Redevelopment Zone chapter, contains the findings for the Housing and Redevelopment Director, Design Review Board, and Housing and Redevelopment Commission to grant variance. 2. Section 2 1 S0.030, Variances-Conditional Use Permits chapter, contains the variance findings for Planning Commission and City Council. 3. Section 21.51.010, Administrative Variances chapter, lists the findings for the limited number of variances the planning director can grant. Sections 21.50.030 and 21.51.010 list the variance findings the City adopted in 1956 as part of Ordinance 9060, one of its first zoning ordinances. To ensure protection of its coastal resources, the City, in 1996, added a finding requiring consistency with coastal zone requirements to Section 21 S0.030 only. Variance findings in Section 21.35.130 of the Village Redevelopment Zone, adopted in 1995, are slightly different from the findings contained in the other two sections. ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 10 State law (Government Code Section 65906) specifies the findings under which Carlsbad and other general law cities may consider variance proposals. The three findings, each of which must be made to grant a variance, are: 1. 2. 3. Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and, Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and, A variance shall not be granted for a parcel of property, which authorizes a use, or activity, which is not otherwise expressly authorized by the zone regulation governing the parcel of property. Carlsbad’s variance findings are not consistent with state law. For example, Carlsbad’s variance findings applicable outside the Village Redevelopment Zone allow “exceptional or extraordinary circumstances” of either a property or an intended use as a basis for granting a variance. Conversely, state law allows only the “special circumstances” of a property, and not of the intended use, as a basis for granting a variance. Moreover, unlike state law, all three Zoning Ordinance sections require that a variance approval “not be materially detrimental to the public welfare.” Additionally, though not listed as findings specific to a variance, approval of a variance, as with any land use approval, must be consistent with the General Plan and, when applicable, the Local Coastal Program. Present variance findings for the Village Redevelopment Zone (Section 21.35.130) do not include a finding of consistency with either the General Plan, and neither this section nor Section 2 1.5 1.010 require a finding of consistency with the Local Coastal Program. Proposal Staff has proposed amendments to the Zoning Ordinance’s three sections on variances to ensure each section: 1. Is consistent with the other; 2. Matches the wording found in the State Government Code; and, 3. Includes findings for consistency with the General Plan and Local Coastal Program. Furthermore, for Sections 21.50.030 and 21.5 1.010, which provide the findings for variance applications outside the Village Redevelopment Zone, staff recommends an additional finding requirement of consistency with any applicable specific or master plan. F. Change provisions affecting the review of General Plan and Zoning Ordinance amendments Background Chapter 21.52 of the Zoning Ordinance (“Amendments”) establishes the procedures for amending both the General Plan and Zoning Ordinance. The City adopted most of the contents 73 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 11 of this chapter as part of Ordinance 9060 in 1956. Although subsequently amended, much of the chapter remains as originally adopted. Proposal Staff recommends amendments to Chapter 21.52 for the following reasons: 1. To revise appeal requirements Revision of the chapter’s appeal provisions is recommended as discussed in item “D.” above. 2. To limit the Planning Director’s review authority In 1974, the City revised Section 21.52.030 regarding the review and filing of amendment applications. The revision added the following paragraph to address the planning director’s (formerly land use planning manager) role in considering an amendment proposal: “The land use planning manager shall review all such applications and determine whether or not the requested amendment, supplement to or change in regulations for the subject property will be consistent with all applicable specific and general plans. If he determines the application will be consistent, he shall file it with the planning commission for processing in accord with this chapter. If he determines that the application will result in an inconsistency, he shall so inform the applicant in writing and return the application. Notwithstanding an inconsistency, the manager may file an application with the planning commission for action if the commission has approved a general plan amendment removing the inconsistency. The manager’s determination may be appealed to the planning commission and city council in accord with the provisions of this chapter.” ‘ Unlike the determination a planning director makes regarding the completeness of an application, which is based on specific criteria, the paragraph above gives the director the additional and unfettered authority to return to the applicant an amendment application if the director believes it is inconsistent with the general plan or an applicable specific plan. Staff believes the appropriate limits of the Planning Director’s authority is to make a recommendation, not a decision, regarding consistency. Staff recommends striking this paragraph completely. 3. To eliminate time constraints on the council’s review of an amendment application Section 21.52.100 requires the City Council to hold a noticed public hearing within 30 days of receipt of a Planning Commission resolution recommending approval of an amendment or within 30 days of receipt of an appeal. Section 21.52.120 also places a 30- day time restriction on Council review. Since it allows little time to accommodate scheduling needs, full agendas, and holidays, staff recommends replacing this time constraint with the phrase “as soon as practicable.” 74 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 12 G. Repeal density provisions that are inconsistent with the General Plan Background In 1981, the City Council added the following section to the standards of the Residential Multiple-Family (R-3), Residential Professional (R-P), Residential Tourist (R-T), and Residential Waterway (R-W) zones. “Maximum Allowable Density. The maximum allowable density shall be twenty units per acre. A density of up to thirty dwelling units per acre may be established by the planning commission or city council, whichever is the final decisionmaking body for a project requiring a discretionary permit or entitlement under this code, or the planning commission for all other projects if said body finds that the density is consistent with the general plan and the provisions of this code. Except when the city council is the final decision making body for a project, a decision of the planning commission establishing density may be appealed to the city council not later than ten days after the decision or not later than the time for appeal of the discretionary permit or entitlement for the project, whichever is later.” The City adopted this provision to reduce the maximum density permitted in the above zones and achieve consistency with the density allowed by the General Plan in 1981. At that time, in addition to the General Plan density ranges, another acceptable method for determining density existed for apartment projects, based on a designated minimum lot area per unit. While the maximum General Plan residential density was 30 unitdacre, this alternative density method allowed 5 1 to 72 apartments/acre, depending on the zone. Decreases to the General Plan density ranges have occurred since 198 1. Today, the General Plan establishes a maximum residential density range of 15-23 unitslacre with a corresponding Growth Management Control Point of 19 unitdacre. Since the above section allows a density of up to 30 unitdacre, it is clearly inconsistent with today’s General Plan. Proposal State law (Government Code Section 65860) mandates zoning ordinance consistency with the general plan. Furthermore, it is Carlsbad’s General Plan Land Use Element, not a particular zone or group of zones, that sets density ranges. Staff recommends repealing the Zoning Ordinance sections (21.16.070; 21,18.050(2); 21.20.100; and 21.22.080) that contain the provision highlighted above. H. Update Chapter 21.05 to reflect currently adopted zones Background Zoning Ordinance Chapter 21.05 (“Zone Establishment - Boundaries”) lists the different zones in the City and provides other clarifying information about the City’s classes of zones and the zoning map. 75 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 13 Proposal Section 21.05.010, last updated in 1983, identifies 27 different zones, including overlay zones. Three of the zones listed no longer exist, and several current zones are unidentified. Staff proposes to amend this section to: 1. Eliminate the three zones that no longer exist (Commercial Limited Residential Zone, or C-LR; Limited Multiple-family Residential, or R-3L; and Residential Density-High, or 2. Add the 11 zones the section does not currently identify, bringing the correct and current total number of zones in the City to 35. RD-H). Section 2 1.05.020 identifies the “degree of restrictiveness” of the zones. “Restrictiveness” refers to the types of uses a zone allows. For example, a residential zone is considered and identified as more restrictive than a commercial zone. Amendments proposed to this section would simply remove those zones (R3-L, RD-H and C-LR) that no longer exist. I. Replace outdated titles, such as “land use planning manager,” with current titles, such as “planning director” Background Over the years, Carlsbad has used different titles for the individuals and offices involved in the land use process. In 1982, the City amended the Zoning Ordinance to perform the following changes: 1. Replace “planning director,” “director of planning,” “director,” and “city planner,” with “land use planning manager” or “manager.” 2. Replace “planning department” and “office of the planning department” with “land use planning office.” Despite the 1982 amendments, subsequent Zoning Ordinance revisions have continued to use the titles “planning director” and “planning department.” Moreover, both titles are commonly used today, whereas “land use planning manager” or “land use planning office” are not. Similarly, though “community development director” appears in the Zoning Ordinance, the previous name given to the position, “building and planning director,” does too. Adding to the confusion is the Zoning Ordinance definition of “land use planning manager,” which states that “building and planning director” means the same as “land use planning manager” and “planning director.” Proposal The title “land use planning manager” occurs well over 70 times in the Zoning Ordinance. Staff estimates “planning director” occurs an equal or greater number of times. Since use of both titles creates confusion, staff proposes to replace “land use planning manager” with “planning director” in all but the following two exceptions. 1. Zoning Ordinance Section 2 1.1 O.OSO(d)( 1) currently gives the land use planning manager authority to approve a substandard size for the buildable portion of a flag lot in the R-1 zone, subject to specific requirements. Staff believes the authority to approve a substandard size should coincide with the official or decision-making body that approves the subdivision containing the panhandle lot. Therefore, staff recommends replacing 76 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 14 “land use planning manager” in this section with “official or decision-making body with the authority to otherwise approve the subdivision.” 2. In the R-E zone, Section 21.09.120(2)(F) requires the design of parking and access on a panhandle lot to be to the satisfaction of the land use planning manager. In the R-A and R-1 zones, the other two zoning districts that contain panhandle lot provisions, the city engineer, rather than the land use planning manager, is the approving official. Staff believes the city engineer is the correct review authority, and therefore recommends the following change to Section 21.09.120(2)(F): “Each lot shall have at least three nontandem parking spaces, with an approach not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designated to the satisfaction of the city engineer w. 99 Additionally, staff recommends repealing the Zoning Ordinance definitions of both “director” and “land use planning manager” and adding a new definition for “planning director” as follows: “21.04.292 Planning Director. ‘Planning director’ means the director of planning of the city or his or her designee. In addition, the term ‘director’ as used throughout this Title shall also mean the planning director unless the context clearly requires otherwise.” As with “land use planning manager,” staff recommends replacing “land use planning office” with “planning department” wherever it occurs, except in the following two instances: 1. Zoning Ordinance Section 21.18.040, part of the standards of the R-P Residential Professional Zone, indicates the land use planning office may approve a variety of uses by conditional use permit. This conflicts with Chapter 2 1.50 (“Variances-Conditional Use Permits”), which in Section 21 ~0.040 states the Planning Commission has the authority to grant a conditional use permit. Staff has also recommended citing Chapter 2 1.42 (“Conditional Uses”) as this chapter contains additional relevant requirements for the review of conditional use permits. Therefore, Section 21.18.040 is proposed with the following changes: “21.18.040 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21.50, tThe following uses and structures are permitted by conditional use permit appwhm& (1) Circuses and carnivals and private clubs; (2) Health facilities, long-term; (3) Radio, television and microwave stations or towers; (4) Professional care facilities.” 2. Section 21.46.130 states the land use planning office and the building and planning department may approve a six-foot high fence in a required side yard or street side yard 77 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Page 15 of a comer or reversed comer lot, subject to special conditions. Staff recommends that the planning director, rather than the land use planning office or building and planning department, have the ability to approve such a fence. This change will identify that a person, rather than a department, makes the decision. Furthermore, the special conditions (e.g., topography, building location) listed in the section on which a wall approval is based are appropriate planning director concerns. The final recommended Zoning Ordinance title change would replace “building and planning director,” “building official,” ‘‘principal building inspector,” and, in most instances, “director of building and planning,” with “community development director.” This replacement would affect about 60 Zoning Ordinance sections. Further, because the Zoning Ordinance uses but does not define “community development director,” staff recommends adding the following definition to Chapter 21.04, Definitions. “21.04.099 Community Development Director. ‘Community development director’ means the director of community development of the city or his or her designee.’’ Staff recommends replacing all but eight uses of “director of building and planning” with “community development director.” Zoning Ordinance Chapter 2 1.80 (“Coastal Development Permits - Agua Hedionda”) contains the eight exceptions. This chapter, adopted in 1983, provides coastal development permit standards for the Agua Hedionda Lagoon segment of the City’s Local Coastal Plan. Further, the sections (e.g., 21,80.040) in this chapter in which “director of building and planning” occurs discuss filing and processing of coastal development permits. Review of these sections clearly shows that “planning director,” not “community development director,” is the appropriate replacement. Besides the recommended changes to the Zoning Ordinance, staff has proposed to replace “land use planning manager,” “director of building and planning,” “building and planning director,” “principal building inspector” and “land use planning office” throughout the rest of the Municipal Code in the same manner as described above. The ordinance proposing these title changes is attached as a receive and file item for the Planning Commission’s information only. Please note that staff has not proposed a complete replacement of the title “building official” as the change requires additional review. J. Add a definition for “wireless communication facilities” and incorporate by reference a City Council policy on the same Background In October 2001, the City Council adopted Council Policy Statement 64, approving review and operation guidelines for wireless communication facilities (WCFs), commonly referred to as “cell sites.” To effectively carry out and communicate the purpose and guidelines of the policy statement, the Council directed staff to prepare a zone code amendment that would incorporate the policy statement. The Zoning Ordinance contains no standards specifically for WCFs, nor does it specifically list WCFs or antennas as permitted uses. Instead, the City permits such facilities through Zoning Ordinance Section 21.42.010(2)(J), which is found in Chapter 21.42 (“Conditional Uses”). This 38 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 16 section allows accessory public and quasi-public utility buildings and facilities by conditional use permit in all zones. Proposal Staff recommends amending Chapter 21.42, Conditional Uses, by adding a new section that would specifically identify WCFs as a conditionally permitted use in all zones, subject’ to Council Policy Statement 64. The proposed section is as follows: “21.42.01 O(16) All zones: Wireless communication facilities, which must comply with City Council Policy Statement No. 64.” Furthermore, since wireless communication facilities is a new term to the Zoning Ordinance, staff further recommends adding the following new definition to Chapter 21.04, Definitions: “21.04.379 Wireless communication facility. ‘Wireless communication facility’ means any component, including antennas and all related equipment, buildings, and improvements for the provision of personal wireless services as defined by the federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them.” K. Miscellaneous, minor changes Three additional minor changes are proposed: 1. Delete an unnecessary word in Section 21.45.020D of Chapter 21.45 (“Planned Developments”) as follows: “If there is a conflict between the regulations of this chapter and any regulations approved as part of the city’s certified local coastal programs, or a master or specific plan, the regulations of the local coastal program or the master or specific plan shall prevail.” 2. In Chapter 21.83 (“Child Care”), correct a word in Section 21.83.030A. as follows: “Any child day care home providing care for the children of only one family in addition to the provider’s owner children.” 3. In Chapter 21.04 (“Definitions”) and in Chapter 21.46 (“Yards”), amend Sections 2 1.04.065(a)(4) and 2 1.46.020, respectively, regarding allowed protrusions above building height limits. Proposed changes will make the standards regarding roof structures, towers, chimneys, and the like easier to understand and apply. Recommended revisions are as follows: “21.04.065(a)(4) Building height is measured to the peak of the structure. Per Section 2 1.46.020 of this title, protrusions above height 79 ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 limits may be allowed 1 we.” “21.46.020 Allowed protrusions above height limits. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, architectural features or towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed in this title but no roof structure or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if there is a specific provision protrusions under elsewhere in this title for the consideration 1. * 9, General Plan, Zoning Ordinance, and Local Coastal Program Consistency The proposed Zoning Code Amendment will not result in any inconsistencies with the General Plan, Local Coastal Program, or Zoning Ordinance, as demonstrated below: A. General Plan Consistency 1. 2. 3. The proposal serves to clarify and improve the processing of land use applications and use of the Zoning Ordinance. This is consistent with the General Plan Land Use Element Overall Land Use Pattern Goal A.l, which seeks to enhance the image of Carlsbad as a desirable community. The proposal repeals density provisions that are inconsistent with the General Plan. State law (Government Code Section 65860(c)) mandates that the Zoning Ordinance be consistent with the General Plan. The proposal incorporates by reference the City Council policy on wireless communication facilities. This is in keeping with General Plan Land Use Element Overall Land Use Pattern Objective B.2, which states in part, “To create a visual form for the community, that is pleasing to the eye . . .” B. Local Coastal Program Consistency 1. The Zoning Ordinance is the implementing ordinance for the Local Coastal Program (LCP). Accordingly, staff has prepared an LCP amendment to ensure consistency between the LCP and Zoning Ordinance. ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES August 20,2003 Pane 18 2. The proposed amendment does not alter any coastal zone regulations, land use designations or policies, with which future projects processed according to the amendment must comply. C. Zoning Ordinance Consistency 1. Proposed amendments make the Zoning Ordinance easier to use. This is consistent with the purpose of the Zoning Ordinance (Section 21.02.010), which is “. . .to serve the public health, safety and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources.” 2. Proposed amendments do not conflict with other Zoning Ordinance provisions. Rather, they correct some current inconsistencies. V. ENVIRONMENTAL REVIEW The initial study (EL4 Part 11) prepared for this project did not identify any potentially significant environmental impacts. Staff recommends adoption of a Negative Declaration. Staff published a Notice of Intent to Adopt a Negative Declaration in the newspaper and mailed the notice to the California Coastal Commission, State Department of Fish and Game, State Clearinghouse, and U.S. Fish and Wildlife Service. Staff received no comments in response to the notice during the 30-day public review period. ATTACHMENTS: 1. Planning Commission Resolution No. 5449 (Negative Declaration) 2. Planning Commission Resolution No. 5450 (ZCA) 3. Planning Commission Resolution No. 545 1 (LCPA) 4. Background Data Sheet 5. Proposed amendments to other titles of the Municipal Code (MCA 03-01 - for information only) a. Changes to Title 19 regarding appeals b. Changes to various titles of the Municipal Code amending the titles of various city officials involved in land use review. Strike-out and bold version of proposed Zoning Ordinance text amendments (ZCA) Strike-out and bold version of proposed Municipal Code amendments (MCA) 6. 7. BACKGROUND DATA SHEET CASE NO: ZCA 00-02/LCPA 00-09/MCA 03-01 CASE NAME: Various Code Changes APPLICANT: City of Carlsbad REQUEST AND LOCATION: The proiect revises portions of the text of the Zoning Ordinance and, to a lesser extent, other titles of the City's Municipal Code. A Local Coastal Program Amendment is necessary because the Zoning Ordinance is the implementinq ordinance of the Local Coastal Program. The proiect includes no development and it does not affect any particular property or section of Carlsbad; instead, the prouosed text changes would affect the processing and review of land use applications proposed throughout Carlsbad by: Revising and standardizing variance findings and the appeal process for many land use projects; Revising and clarifying some review procedures and development standards; Replacing and repealing outdated or superseded names and titles; Repealing density provisions inconsistent with the General Plan, and; Adding a definition for wireless communication facilities and incorporate a city policy LEGAL DESCRIPTION: N/A A€": N/A Acres: N/e Proposed No. of LotskJnits: N/A GENERAL PLAN AND ZONING Land Use Designation: N/A Density Allowed: N/A Existing Zone: N/A Surrounding Zoning, General Plan and Land Use: N/A Density Proposed: N/A Proposed Zone: N/A PUBLIC FACILITIES School District: N/A Water District: N/A Sewer District: N/A Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration recommended for adoption -8 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LOCAL COASTAL PROGRAM AND TITLE 21 OF THE MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS AFFECTING THE REVIEW AND PROCESSING OF LAND USE APPLICATIONS, INCLUDING: (1) REVISING AND STANDARDIZING VARIANCE FINDINGS AND THE APPEAL PROCESS FOR MANY LAND USE PROJECTS; (2) REVISING AND CLARIFYING SOME REVIEW PROCEDURES AND DEVELOPMENT STANDARDS; (3) REPLACING AND REPEALING OUTDATED OR SUPERSEDED NAMES AND TITLES; (4) REPEALING DENSITY PROVISIONS INCONSISTENT WITH THE GENERAL PLAN; AND (5) ADDING A DEFINITION FOR WIRELESS COMMUNICATION FACILITIES AND INCORPORATING A CITY POLICY ON THE SAME. CASE NAME: VARIOUS CODE CHANGES CASE NO.: ZCA 00-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.04.065(a)(4) of the Carlsbad Municipal Code is amended to read as follows: “21.04.065(a)(4) Building height is measured to the peak of the structure. Pel Section 21.46.020 of this title, protrusions above height limits may be allowed E&&W&W SECTION II: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.099 to read as follows: “21.04.099 Community development director. ‘Community development director’ means the director of community development of the city or his or her designee.’’ SECTION Ill: That Section 21.04.108 of the Carlsbad Municipal Code is repealed as follows: SECTION IV: That Section 21.04.201 of the Carlsbad Municipal Code is repealed as follows: 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION V: That Section 21.04.292 of the Carlsbad Municipal Code is amended by its renumbering to Section 21.04.293. SECTION VI: That Chapter 21;04 of the Carlsbad Municipal Code is amended by the addition of new Subsection 21.04.292 to read as follows: “21.04.292 Planning director. ‘Planning director’ means the director of planning of the city or his or hei designee. In addition, the term “director” as used throughout this Title shall also mean the planning director unless the context clearly requires otherwise.” SECTION VII: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.379 to read as follows: “21.04.379 Wireless communication facility. ‘Wireless communication facility’ means any component, including antennas and all related equipment, buildings, and improvements for the provision 01 personal wireless services as defined by the federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include but are not limited to cellular, personal communication services (PCS), enhanced specialized mobile radia (ESMR), paging, ground based repeaters for satellite radio services, micro-cell antennae and similar systems which exhibit technological characteristics similar to them.” SECTION VIII: That Section 21.05.010 of the Carlsbad Municipal Code is amended to read as follows: “21.05.010 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and othei open spaces. about buildings, and to regulate the density of population, thirty-five W~R~~WX classes of zones are established by this title to be known as follows: Q--Qualified Development Overlay Zone E-A--Excl usive Ag ricu I t u ral Zone R-A--Residen tial Agricultural Zone R-E--Residential Estate Zone R-I --One-family Residential Zone R-Z--Two-family Residential Zone R-3--Multiple-family Residential Zone R-P--Residential-Professional Zone R-T--Residential Tourist Zone H-0 -- Hospital Overlay Zone R-W--Residential Waterway Zone RD-M--Residential Density-Multiple Zone ax LL .. U -2- 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C-F -- Community Facilities Zone RMHP--Residential Mobile Home Park CL!? cc C-1 --Neighborhood Commercial Zone 0 -- Office Zone C-2--General Commercial Zone C-T-- Commercial Tourist Zone C-M--Heavy Commercial-Limited Industrial Zone F-P--Floodplain Overlay Zone M--Industrial Zone 0-S--Open Space Zone P-M--Planned Industrial Zone P-U--Public Utility Zone P-C--Planned Community Zone L-C--Limited Control Zone S-P--Scenic Preservation Overlay Zone VR--Village Redevelop men t Zone BAO -- Beach Area Overlay Zone T-C -- Transportation Corridor Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment CN-SO -- CommercialNisitor-Serving Overlay Zone” . .. SECTION IX: That Section 21.05.020(2)(a) of the Carlsb d Municip I Code is amended to read as follows: “21.05.020(2)(a) All other uses are less restrictive in the order they are firs1 permitted in the respective zones. All other zones are less restrictive in the order established by this subsection. Residential zones are more restrictive than commercial zones and commercia zones more restrictive than industrial zones. (a) The degree of restrictiveness for residential zones shall be in a sequence from most restrictive to least restrictive as follows: R-I , R-E, R-A, equally restrictive except as provided in subsection (3); R-2, RMHP equally restrictive; R-3, RD-M, equally restrictive; R-T, RW, equally restrictive; W, R-P, eqtd&wd least restrictive. (b) The degree of restrictiveness for commercial zones shall be in a sequence from most restrictive to least restrictive as follows: GLR, C-I , C-2, C-T, C-M. (c) The degree of restrictiveness for eemwwad ’ industrial zones shall be in a sequence from most restrictive to least restrictive as follows: P-M, M.” SECTION X: That Section 21.05.020(4) of the Carlsbad Municipal Code is repealed as follows and the following subsection shall be sequentially renumbered: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XI: That Section 21.06.1 30 of the Carlsbad Municipal Code is amendec to read as follows: “21.06.130 Effective date of order and appeal of planning commission decision. The effective date of the planning commission’s decision and method foi appeal of such decision shall be governed by Section 21.54.150 of this Code. ?%&asw .. SECTION XII: That Section 21.06.140 of the Carlsbad Municipal Code is repealec as follows: SECTION XIII: That Section 21.06.150 of the Carlsbad Municipal Code is renumbered and amended to read as follows: “21.06.140158 Final site development plan. After approval the applicant shall submit a reproducible copy of the site development plan which incorporates all requirements of the approval to the planning director for signature. Prior to signing the final site development plan, the planning director wtanagw shall determine that all applicable requirements have been incorporated into the plan and that all conditions of approval have been satisfactorily met 01 otherwise guaranteed. The final signed site development plan shall be the official site layout plan for the property and shall be attached to any application for a building permit on the subject property.” -4- 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XIV: That Section 21.06.160 of the Carlsbad Municipal Code is renumbered to be Section 21.06.150. SECTION XV: That Section 21.08.080(b) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(b) The official or decision-making body with the authority tc otherwise approve the subdivision e: may approve panhandle or flag. shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist.: For a minor subdivision application with two 01 more panhandle lots, the authority for approval shall be with the planning commission.” ... ... ... .. SECTION XVI: That Section 21.08.08O(d)(l) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(l) The area of the buildable portion of the lot shall be a minimum ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with the authority to otherwise approve the subdivision finds from evidence submitted on a site plan that all requirements of this section will be met; however, in no case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plar for a subdivision with panhandle lots, with a buildable portion of less than ten thousand square feet, is approved, development within such subdivision shall conform to the plan as approved. .. SECTION XVII: That Section 21.08.080(d)(2) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(2) The width requirements for the buildable portion of the lot shall be met as required for i&e&w lots in the zone district.” SECTION XVIII: That Section 21.08.080 (d)(lO) of the Carlsbad Municipal Code is amended to read as follows: “21.08.080(d)(lO) Any other condition the official or decision-making body with may .. the authority to otherwise approve the subdivision determine to be necessary to properly develop such property.” SECTION XIX: That Section 21.09.120(2) of the Carlsbad Municipal Code is amended to read as follows: “21.09.120(2) The official or decision-making body with the authority to ... *.. otherwise approve the subdivision a, e: -5- 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. ... 8 may approve panhandle or flag. shaped lots where the lot area width and yards shall be measured as follows+. For a minoi subdivision application with two or more panhandle lots, the authority for approval shal be with the planning commission.” SECTION XX: That Section 21.09.120(2)(F) of the Carlsbad Municipal Code i: amended to read as follows: “21.09.120(2)(F) Each lot shall have at least three nontandem parking spaces with an approach not less than twenty-four feet in length, with proper turnaround space to permil complete turnaround for forward access to the street. This parking and access arrangement shal be designated to the satisfaction of the city engineer -.” SECTION XXI: That Section 21.10.080(b) of the Carlsbad Municipal Code is amended to read as follows: “21.10.080(b) The official or decision-making body with the authority tc otherwise approve the subdivision 9 6 may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist+. For a minor subdivision application with two or more panhandle lots, the authority for approval shall be with the planning commission.” ... ... SECTION XXII: That Section 21.10.080(d)(l) of the Carlsbad Municipal Code is amended to read as follows: “21.10.080(d)(l) The area of the buildable portion of the lot shall be a minimurr ten thousand square feet or the minimum required by the zone whichever is greater. In zone districts permitting less than ten thousand square-foot lots, the buildable portion of the lot may be less than ten thousand square feet provided the official or decision-making body with the authority to otherwise approve the subdivision finds frorr evidence submitted on a site plan that all requirements of this section will be met; however, in nc case shall the buildable portion of the lot be less than eight thousand square feet in area. If a site plan for a subdivision with panhandle lots with a buildable portion of less than ten thousand square feet is approved, development within such subdivision shall conform to the plan as approved. t:: k, 3: .. . SECTION XXIII: That Section 21.10.080(d)(2) of the Carlsbad Municipal Code is amended to read as follows: “Section 21.10.080(d)(2) The width requirements for the buildable portion of the lot shall be met as required for-btefkf lots in the zone district.’’ SECTION XXIV: That Section 21.10.080(d)(10) of the Carlsbad Municipal Code is amended to read as follows: -6- 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.10.080(d)(lO) Any other condition the official or decision-making body with SECTION XXV: That Section 21.10.080(e) of the Carlsbad Municipal Code is the authority to otherwise approve the subdivision may determine to be necessary to properly develop such property.” repealed as follows: SECTION XXVI: That Section 21.16.070 of the Carlsbad Municipal Code is repealed as follows and all following sections of Chapter 21 .I6 shall be sequentially renumbered: Section XXVII: That Section 21.18.040 of the Carlsbad Municipal Code is amended to read as follows: “21.18.040 Uses and structures permitted by conditional use permit. Subject to the provisions of Chapters 21.42 and 21 SO, tThe following uses and structures are permitted by conditional use permit z: (1) Circuses and carnivals and private clubs; (2) Health facilities, long-term; (3) Radio, television and microwave stations or towers; (4) Professional care facilities.” SECTION XXVIII: That Section 21.18.050(2) of the Carlsbad Municipal Code is repealed as follows and all following subsections of Section 21.18.050 shall be renumberec sequentially: -7- B? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXIX: That Section 21.20.100 of the Carlsbad Municipal Code is repealed as follows and all following sections of Chapter 21.20 shall be renumbered sequentially: SECTION XXX: That Section 21.22.080 of the Carlsbad Municipal Code is repealed as follows and all following sections of Chapter 21.22 shall be renumbered sequentially: SECTION XXXI: That Section 21.34.050(e) of the Carlsbad Municipal Code is amended to read as follows: “21.34.050(e) Effective date of order and Appeal of Planning Director kmd Decision. The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21.54.140 of this Code. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXXII: That Section 21.34.050(f) of the Carlsbad Municipal Code is amended to read as follows: “21.34.050(f) Effective Date of Order and Appeal of Planning Commission Decision. The effective date of the planning commission’s decision and method for appeal of such decision shall be governed by Section 21.54.150 of this Code. SECTION XXXIII: That Section 21.35.090(f) of the Carlsbad Municipal Code is amended to read as follows: “21.35.090(f) The effective date of order of a Housing and Redevelopmenl Director decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this Code. e: E .. .. SECTION XXXIV: That Section 21.35.100 of the Carlsbad Municipal Code is amended to read as follows: “21.35.1 00 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 redevelopmenl permits as defined in Section 21.35.080 or administrative variances; (2) Minor or major redevelopment permits; and (3) Nonadministrative variances for which the board has final decision making authority pursuant to Section 21.35.1 30(b). -9- 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. .. .. w 1. ?!x - nr (b) 0 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 ~ SECTION XXXV: That Section 21.35.1 10 of the Carlsbad Municipal Code is amended to read as follows: “21.35.110 Effective date of order and appeal of design review board decision 5. The effective date of the design review board’s decision and method for appeal of such decision shall be governed by Section 21.54.150 of this Code. &6ept-a .. SECTION XXXVI: That Section 21.35.130 of the Carlsbad Municipal Code is amended to read as follows: “21.35.130 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) Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zone regulation deprives such property of privileges enjoyed by other property in the -10- 9a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vicinity and under identical zoning classification fi .. .. (2) The variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding nz cr .. tn (3) Thegm&wj&a variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property will v; am4 (4) Thew variance is consistent with the general purpose and intent of the general plan, Carlsbad village are redevelopment plan, and the Carlsbad village redevelopment master plan and design manual; k (5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. W (b) An application for a variance shall be processed in the same manner established by this chapter for a redevelopment permit. (c) 4+) 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 in subsection (a) of this section. (d) &I The director may grant administrative variances in accordance with section 21.35.090(e), if the director makes the findings set forth in subsection (a) of this section.” SECTION XXXVII: That Section 21.40.140 of the Carlsbad Municipal Code is amended to read as follows: “21.40.140 Effective date of order and appeal of planning commission decision -. The effective date of the planning commission’s decision and method for appeal of such decision shall be governed by Section 21.54.150 of this Code. Tbe+ck& LI. .I IW, LI.W”. m-w, hI.W”. w, &I.W”. 14(! , &I. 34 . 34 5(! din 31 c;n 431-1 31 F;n en 31 F;n -1 1- 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XXXVIII: That Chapter 21.42 of the Carlsbad Municipal Code i: amended by the addition of Section 21.42.01 O( 16) to read as follows: “21.42.010(16) All zones: Wireless communication facilities, which musl comply with City Council Policy Statement No. 64.” SECTION XXXIX: That Section 21.44.060(7) of the Carlsbad Municipal Code is amended to read as follows: “21.44.060(7) Administrative Hearing. Any person objecting to a decision made pursuant to subsection (2)(C) above may request in writing within ten days of the determinatior by the planning director, an administrative hearing with the planning director. The planning director shall apply the criteria of this section in making his determination. The decision of the director shall be final unless the director’s decision is appealed to the planning commission G@ 3. The effective date of the planning director’s decision and method for appeal for such decision shall be governed by Section 2154.140 of this Code.” . .. .. SECTION XL: That Section 21.45.020D. of the Carlsbad Municipal Code is amended to read as follows: “21.45.020D. If there is a conflict between the regulations of this chapter and any regulations approved as part of the city’s certified local coastal programs, or a master or specific plan, the regulations of the local coastal program or the master or specific plan shall prevail.” SECTION XLI: That Section 21.46.020 of the Carlsbad Municipal Code is amended to read as follows: “21.46.020 Allowed protrusions above height limits. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, architectural features or towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits prescribed in this title but no roof structure or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space, or be taller than the minimum height requirement to accommodate or enclose the intended use. However, the exception in this section does not apply if there is a specific provision elsewhere in this title for the . protrusions under consideration edw I, Section XLII: That Section 21.46.130 of the Carlsbad Municipal Code is amended to read as follows: “21.46.1 30 Walls, fences or hedges. -12- 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In any “R zone, no fence, wall or hedge over forty-two inches in height shall bc permitted in any required front yard setback. In the required side yard or street side of either i corner lot or reversed corner lot, a six-foot high fence may be permitted when approved by thc when thc planning director $ safety and welfare of the general public are not imposed upon. The issuing of a permit upon thc approval of the planning director topography, building placement and vehicular or pedestrian traffic. On an interior lot a wall 01 fence not more than six feet in height may be located anywhere to the rear of the required fron yard. In any “RO zone, any fence that exceeds six feet in height, for special uses or undei special circumstances, shall be granted by the planning commission and subject to thc conditions imposed by this commission.” .. .. n5 the-aty shall be subb SECTION XLIII: That Section 21.47.073 of the Carlsbad Municipal Code i: amended to read as follows: “21.47.073 Effective date of order and Appeal of planning commissior decision. (@ The effective date of the planning commission’s decision and method for appeal of such decision shall be governed by Section 21.54.150 of this Code. Tlw-&xw .. SECTION XLIV: That Chapter 21.47 of the Carlsbad Municipal Code is amended by the addition of Section 21.47.075 to read as follows: “21 i47.075 Effective date of order and appeal of planning director decision. ?5 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The effective date of the planning director’s decision and method for appea of such decision shall be governed by Section 21.54.140 of this Code.” SECTION XLV: That Section 21.47.1 lO(b) of the Carlsbad Municipal Code is amended to read as follows: “21.47.1 10(b) A site plan and elevations for such projects which include all desigr criteria and development standards as contained in this chapter shall be submitted to the planning director who may approve, conditionally approve 01 disapprove the permit. The planning director shall approve 01 conditionally approve a permit if he makes all of the findings specified in Section 21.47.072. The planning director’s decision may be appealed in accordance witt the procedures of Section 21.47.075 244WF3 of this chapter.” SECTION XLVI: That Section 21.50.030 of the Carlsbad Municipal Code i: amended to read as follows: “21 50.030 Required findings sbwwg for variances. Before any variance may be granted, it shall be shown: (1) That because of #weam special circumstances applicable to the subjeci property, including size, shape, topography, location or surroundings, the strici application of the zoning ordinance deprives such property of privileges enjoyed by othei (2) That the & variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding (3) That the gfadwg cf SA variance does not authorize a use or activity which is not othenrvise expressly authorized by the zone regulation governing the subjecl .. . property - !x x 3: - 3 (4) That the variance is consistent with the general purpose the 6mpdwww . general plan, and any applicable and intent of specific or master plans. c: In -- (5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan.” -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XLVlI: That Section 21.50.100 of the Carlsbad Municipal Code is amended to read as follows: “21 .50.100 Effective date of order and appeal of Planning Commission decision The effective date of the planning commission’s decision and method foi appeal of such decision shall be governed by Section 21.54.150 of this Code. TbwMet4 Ti .. bc -2. ?hc 2 SECTION XLVIII: That Sections 21.50.1 IO, 21.50.120, 21.50.130, 21.50.140, and 21 50.150 of the Carlsbad Municipal Code are repealed as follows: -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XLIX: That Section 21.51.010 of the Carlsbad Municipal Code is amended to read as follows: “21 SI .010 Authority of planning director to grant certain variances. The planning director shall have the following powers and duties: (1) To grant such variances from the zoning provisions of this code as will not be contrary to its intent or to the public health, safety and general welfare when, due to special circumstances Q of the property or of its location or surroundings as specified in subsection (2) of this section, strict and literal interpretation and enforcement of the provisions of this code would result in unusual difficulties or unnecessary hardship or be inconsistent with the general purpose of this code. may grant a variance from the zoning provisions of this code when it appears from the facts contained in the application and from information obtained by the planning director that the following findings can be made: (a) That because of #weare special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other .. .. (2) The planning director (b) That the stsh variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding (c) That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject .. . property - 52 z 2: - (d) That the gmekg sf W variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans. W R& In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that th& variance does not reduce or in any manner adversely affect the protection of coastal (e) -16- 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan. SECTION L: That Section 21.51.060 of the Carlsbad Municipal Code is amended to read as follows: “21.51.060 Effective date of order and appeal of planning director decision (aj The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21.54.140 of this Code. Tbe-wch SECTION LI: That Section 21 52.030 of the Carlsbad Municipal Code is amended to read as follows: “21 52.030 Application. Whenever the owner of any land or building desires an amendment, supplement to or change in any of the regulations prescribed for his property, he shall prepare an application requesting such amendment, supplement or change on the prescribed form and forward it with the required fee to the planning director w. SECTION LII: That Section 21.52.080 of the Carlsbad Municipal Code is amended to read as follows: “21 52.080 Commission action to be final when denying application. The action of the planning commission in denying an application for amendment shall be final and conclusive unless appealed.: The effective date of the decision and method for appeal of such decision shall be governed by Section 21.54.150 of this Code. +,&Mkh -17- 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION LIII: That Section 21.52.090 of the Carlsbad Municipal Code is repealed as follows: SECTION LIV: That Section 21.52.100 of the Carlsbad Municipal Code is amended to read as follows and all following sections of Chapter 21.52 shall be sequentially renumbered: “21.52.090188 Public hearing on commission’s recommendations on amendments ad+ppAs. Ffollowing receipt of a %e resolution from the planning commission recommending the adoption of the amendment as provided in this chapter, the city council shall conduct a duly advertised public hearing on the matter as soon as practicable, public notice of which shall be given as provided in Section 21 52.040.” .. .. .. .. SECTION LV: That Section 21.52.120 of the Carlsbad Municipal Code is amended to read as follows: “21 52.1 1 Om The city council shall render its decision as soon as practicable following the termination of proceedings of the hearing or upon the receipt of report from the planning commission when a matter has been referred back to the planning commission.” SECTION LVI: That Section 21.54.010(c) of the Carlsbad Municipal Code is amended to read as follows: “21 S4.01 O(c) If the application together with the materials submitted in response to a determination of completeness are determined by the planning director mafqef to not be complete pursuant to this section the applicant may appeal the decision if7 w&mg to the planning commission pursuant to Section 21.54.140 . The applicant may also appeal the decision of the planning commission to the city council pursuant to Section 21.54.150. The city council pktwtt~g ccmmwiw shall make a final written determination of the completeness of the application not later than sixty calendar days after the receipt of the applicant’s written appeal to the planning commission.” .. -1 8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION LVII: That Section 21.54.010(d) of the Carlsbad Municipal Code is amended to read as follows: “21.54.010(d) Failure by the city to meet the deadlines specified in this sectior shall cause the application to be deemed complete. The failure of the applicant to meet any 01 the time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant and iR the city from mutually agreeins to an extension of any time limit provided in this section.” SECTION LVIII: That Section 21.54.010(e) of the Carlsbad Municipal Code is repealed as follows: SECTION LIX: That Section 21.54.100 of the Carlsbad Municipal Code is amended to read as follows: “21 54.100 Hearing continuance with& public notice. If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice is required. However, ’ is continued by the decision-making body to a time which is not 4 am#iw&& a time certain, the city shall provide notice of the further hearings for’action on the proposed development) in the same manner and within the same time limits as established in Sections 21 54.060 and 21 54.061 .” .. if a decision on a matter set for public hearing nr 31E;4-#jn n ri -1.” * “1 “ w-@j announced at the hearing to be SECTION LX: That Section 21.54.130 of the Carlsbad Municipal Code is amended to read as follows: ”21 54.130 Restriction on reapplication after denial No application for a zone change, general plan amendment, planned development, variance, conditional use permit, site development plan, specific plan, master plan or other permit, or any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been finally denied within one year prior to the application shall determine if the subsequeni date. The planning director application is substantially similar to the previously denied application. 1 The effective date of the planning director’s decision and method for appeal of such decision shall be governed by Section 21.54.140 of this Code.” That Section 21.54.140 of the Carlsbad Municipal Code is .. SECTION LXI: amended to read as follows: -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21 54.140 Effective date of order and aAppeal of planning director or housing and redevelopment director decisions. (a) This section shall apply to those decisions or determinations of the planninG director or housing and redevelopment director made pursuant to this title or planning director determinations pursuant to Title 19 w. Accordingly, in this section, “housing and redevelopmenl director” shall be interchangeable with “planning director;” “housing and redevelopmenl department” shall be interchangeable with “planning department;” “design review board’: shall be interchangeable with “planning commission;” and “housing and redevelopmenl commission” shall be interchangeable with “city council.” (b) Whenever the planning director is authorized, pursuant to this title or Title 19, to make a decision or determination, such decision or determination is final and effective when the planning director’s written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the secretary of the planning commission by an interested person . An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning director until such time as the planning commission has acted on the appeal. The wi#e~ appeal shall specifically state the reason or reasons for the appeal s. The burden of proof is on the appellant to establish by substantial evidence that the grounds wasen&) for the requested action appeal exist. Fees for filing an appeal under this section shall be established by resolution of the city council. 1 is dz new, .. .. .. .. . .. .. .. (c) Upon the filing of an appeal, the secretary of the planning commission shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the planning commission is de novo, but the planning commission shall determine all matters not specified in the appeal have been found by the planning director and are supported by substantial evidence. The planning commission shall consider the recommendations of the planning department, the decision of the planning director and all other relevant documentary and oral evidence as presented at the hearing. The planning commission may affirm, modify, or reverse the decision of the planning director, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning director with directions for further proceedings. The planning commission action on an appeal shall be final unless appealed to the city council, pursuant to the provisions of Section 21 S4.150.” -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section LXII: That Chapter 21.54 of the Carlsbad Municipal Code is amended b) the addition of Section 21 54.150 to read as follows: “21.54.150 Effective date of order and appeal of planning commission 01 design review board decisions. (a) This section shall apply to those decisions or determinations of ths planning commission or design review board made pursuant to this title or Title 19, Accordingly, in this section, “housing and redevelopment director” shall be interchangeable with “planning director;” “housing and redevelopment department” shall be interchangeable with “planning department;” “design review board” shall be interchangeable with “planning commission;” and “housing and redevelopmenl commission” shall be interchangeable with “city council.” (b) Whenever the planning commission is authorized pursuant to this title 01 Title 19 to make a decision or determination, such decision or determination is final and effective upon the adoption of the resolution or decision. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city clerk. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the effect of the decision or determination of the planning commission until such time as the city council has acted on the appeal as set forth in this Title. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant ta establish by substantial evidence that the grounds for the requested action exist. Fees for filing an appeal under this section shall be established by resolution of the city council. (c) Upon the filing of an appeal, the city clerk shall schedule the appeal for hearing before the city council as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the city council is de novo, but the city council shall determine all matters not specified in the appeal have been found by the planning commission and are supported by substantial evidence. The city council shall consider the recommendations of the planning department, the decision of the planning commission and all other relevant documentary and oral evidence as presented at the hearing. The city council may affirm, modify, or reverse the action of the planning commission, and make such order supported by substantial evidence as it deems appropriate, including remand to the planning commission with directions for further proceedings. Any action by the city council shall be final and conclusive; provided, however, that any action reversing the decision of the planning commission shall be by the affirmative vote of at least three members of the city council. (d) Upon receipt of a written appeal to the city council filed with the city clerk, the city clerk shall advise the planning director who shall transmit to said clerk the planning commission’s complete record of the case.” Section LXIII: That Section 21.80.050 of the Carlsbad Municipal Code is amended to read as follows: “21.80.050 Duties of planning director -. (a) After the application has been accepted as complete the planning director el shall determine if the project is exempt from the requirements of this chapter pursuant to Section 21.80.030. The director shall give notice of a determination of exemption to all persons specified in Section 21.80.1 60. The cost of providing this notice shall be .. -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. .. included in the fee paid by the applicant. .. (b) The planning director ’ shall approve, conditionall) approve or deny permits for projects qualifying for administrative approval pursuant to Sectior 30624 of the state Public Resources Code; providing, ’however, that an administrative permii shall not be issued for any development which must be reviewed by the coastal commissior pursuant to Sections 30579(b) and 30601 of the Public Resources Code. (c) The planning director * shall issue all emergenc) permits. (d) If the director determines that the matter does not qualify for an exemption 01 an administrative or emergency permit then the director shall set the matter for public hearing before the planning commission. The coastal permit may be set for hearing at the same time as any other permit for the project. (e) The effective date of the planning director’s decision and the method for appeal of such decision shall be governed by Section 21.54.140.” .. SECTION MIV: That Section 21.80.080 of the Carlsbad Municipal Code is amended to read as follows: “21.80.080 Effective date of order and aAppeal of planning commission decision. (a) The effective date of the decision of the planning commission and method for appeal of such decision shall be governed by Section 21 S4.150 of this code isftwkd .. .. .. .. (( (b) @ If the development for which a coastal development permit also requires other discretionary approvals for which the planning commission is not given final approval authority then the planning commission action on the coastal development permit shall be deemed a recommendation to the city council. SECTION MV: That Section 21.80.160(d) of the Carlsbad Municipal Code is amended to read as follows: -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.80.160(d) The effective date of aAny decision of the director pursuant to this section and the method for appeal of such decision shall be governed by Section .The 21.54.140 of this Code e 7. The appeal shall be considered by the planning commission in accordance with the provisions of this chapter for any other application.” .. SECTION MVI: That Section 21.81.055(e) of the Carlsbad Municipal Code is amended to read as follows: “21.81.055(e) The effective date of the director’s decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this Code i. The director shall give notice of final local decision on the appeal in accordance with Section 21.81.120.” .. .. SECTION LXVII: That Section 21.81.080 of the Carlsbad Municipal Code is amended to read as follows: “21.81.080 Effective date of order and aAppeal of Gafkbad design review board decision. (a) The effective date of the design review board’s decision and the method for appeal of such decision shall be governed by Section 21.54.150 of this Code Thea&h -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The decision of the housing and redevelopment commission shall bc consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the development for which a coastal development permit also requires othe discretionary permits or approvals for which the design review board is not given final approva authority then the design review board action on the coastal development permit shall bc deemed a recommendation to the housing and redevelopment commission.” SECTION LXVIII: That Section 21.83.030A. of the Carlsbad Municipal Code i: amended to read as follows: “21.83.030A. Any child day care home providing care for the children of only onc family in addition to the provider’s own- children.” SECTION UIX: That Section 21.83.050K. of the Carlsbad Municipal Code i: amended to read as follows: “21.83.050K. Large family day care home providers shall make written applicatior to the director and shall include all materials deemed necessary by the director to show that the requirements of this section are met. The director shall grant the permit without a hearing if al the requirements of this section are satisfied. The decision of the director shall be made withir fifteen working days of the receipt of a complete application and provided to the applicant ir writing. The effective date of the decision of the director and the method for appeal of suct decision shall may be appeal& { in accordance to the procedures set forth in Section 21.54.140 of this title. .. .. 11 SECTION UX: That Section 21.83.070B. of the Carlsbad Municipal Code is amended to read as follows: “21.83.070B. The director may approve, approve with conditions, or deny the permit. The director may waive a public hearing on an administrative permit if notice has beer provided in accordance with subsection (A)(I) of this section and a request for a public hearinc has not been received by the city within fifteen working days from the date of sending the notice If a request for a public hearing is received, a public hearing before the director shall be held ir the same manner as a planning commission hearing. In either event, the director’s decision shal be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is not in conformity with the requirements of Section 21.83.080 of this chapter. The director’s decision shall be made in writing.k If the matter includes a coastal developmeni permit, unless the decision is appealed to the planning commission, the director shall provide a notice of final action in accordance with Sections 21.201.160 and 21.201.170 of this code, ir addition to the director’s written decision.” .. A nr .. SECTION LXXI: That Section 21.83.070C. of the Carlsbad Municipal Code is amended to read as follows: -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.83.070C. The effective date of the director’s decision and the method fo appeal of such decision shall be in accordance with the procedures set forth in Sectior 21.54.140 of this title tc t4 .. . -If the matter includes a coastal development permit the director shall give notice of final action on the appeal in accordance with Sections 21.201.160 and 21.201.170 o this title.” .. SECTION Wll: That Section 21.110.240(b) of the Carlsbad Municipal Code i! amended to read as follows: “21 .I 10.240(b) The effective date of order of the floodplain administrato granting or denying a special use permit, variance or other entitlement and the method fo appeal of such order shall be hnrrnmn governed by Section 21.54.150 of this Code. fiRa variances from the requirements of this chapter, the city council shall consider all technica evaluations, all relevant factors, standards specified in other sections of this chapter, and:” SECTION LXXIII: That Section 21.201.080C. of the Carlsbad Municipal Code i: amended to read as follows: “21.201.080C. The director may approve, approve with conditions or deny thc permit. The director may waive a public hearing on a minor coastal development permit if noticc has been provided in accordance with subsection (B)(I) of this section and a request for a public hearing has not been received by the city within fifteen working days from the date of sending thc notice. If a request for a public hearing is received, a public hearing before the director shall bc held in the same manner as a planning commission hearing. In either event the director’: decision shall be based upon the requirements of, and shall include specific factual finding! supporting whether the project is or is not in conformity with, the certified local coastal progran (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coasta Act). This director’s decision shall be made in writing. The effective date of thc decision and the method for appeal of such decision shall be governed by Sectior 21 S4.140 of this Code. a 3 Unles! the decision is appealed to the planning commission, the director shall provide a notice of fina local action in accordance with Sections 21.201.160 and 21.201.170 of this code, in addition tc the director’s written decision.” .. .. .. ... .. .. -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION LXXIV: That Section 21.201.080D. of the Carlsbad Municipal Code is repealed as follows and all following subsections shall be sequentially re-lettered: SECTION WV: That Section 21.201.120. of the Carlsbad Municipal Code is amended to read as follows: “21.201 .I20 Effective date of order and aAppeal of planning commission decision. A. The effective date of the planning commission decision and the method for appeal of such decision shall be governed by Section 21.54.150 of this Code. We B. If the development for which a coastal development permit also requires other discretionary permits or approvals for which the planning commission is not given final approval authority then the planning commission action on the coastal development permit shall be deemed a recommendation to the city council. C. The city council may establish and levy a fee for appeals of coastal permit decisions.’’ SECTION WVI: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning manager” with “planning director” wherever it occurs in the following sections: 21.06.050, 21.06.070, 21.07.120, 21.08.040, 21.08.100, 21.09.190, 21.10.040, 21 .I 0.1 00, 21.12.040, 21.21.110, 21.21.130, 21.21.170, 21.24.040, 21.27.020, 21.27.050, 21.34.020, 21.34.050, 21.34.060, 21.34.070, 21.34.090, 21.34.110, 21.34.130, 21.34.140, 21.37.040, 21.37.050, 21.37.080, 21.37.100, -26- 21.38.050, 21.38.080, 21.38.090, 21.38.120, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.38.130, 21.40.060, 21.40.080, 21.40.090, 21.42.010, 21.46.120, 21.47.020, 21.47.040 21.47.050, 21.47.072, 21.47.110, 21.47.120, 21.47.150, 21.48.080, 21.50.110, 21.51.010 21.51.020, 21.51.030, 21.51.040, 21.51.050, 21.51.060, 21.52.030, 21.54.010, 21.54.130, 21.55.070, 21.55.170, 21.55.180, 21.55.190, 21.80.120, and 21.82.060. SECTION LXXVII: That Title 21 of the Carlsbad Municipal Code is amended by replacing “manager“ with “planning director“ wherever it occurs in sections 21.37.080, 21.38.080, and 21.51.050. SECTION LXXVIII: That Title 21 of the Carlsbad Municipal Code is amended by replacing “director of building and planning” with “planning director” wherever it occurs in sections 21.80.030, 21.80.040, 21.80.050, 21.80.160, and 21.80.170. SECTION MIX: That Title 21 of the Carlsbad Municipal Code is amended by the replacing “building official,” “building and planning director,” “director of building and planning,” and “principal building inspector” with “community development director“ wherever they occur in the following sections: 21.34.130, 21.34.140, 21.42.010, 21.47.120, 21.47.130, 21.47.150, 21.48.080, 21.55.070, 21.60.010, 21.60.030, 21.80.010, 21.83.080, and 21.81.010. SECTION LXXX: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning office” with “planning director” wherever it occurs in Section 21.42.010. SECTION LXXXI: That Title 21 of the Carlsbad Municipal Code is amended by replacing “land use planning ofice” with “planning department” wherever it occurs in the following sections: 21.06.060, 21.37.040, 21.38.050, 21.42.010, and 21.43.080. ... ... ... ... ... -27- lo? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 publication of general circulation in the City of Carlsbad within fifteer days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit) Council on the day of 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City 01 Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAI N: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD MUNICIPAL CODE TO (1) REPLACE IN VARIOUS MUNICIPAL CODE SECTIONS “BUILDING AND PLANNING DIRECTOR,” “DIRECTOR OF BUILDING AND PLANNING,” “LAND USE PLANNING MANAGER,’’ “LAND USE PLANNING OFFICE,” AND “PRINCIPAL BUILDING INSPECTOR WITH CURRENT TITLES; AND (2) AMEND MUNICIPAL CODE SECTIONS 19.04.080B., 19.04.1 IOA., AND 19.04.170 REGARDING APPEAL PROCEDURES. CASE NAME: VARIOUS CODE CHANGES CASE NO.: MCA 03-01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 2 of the Carlsbad Municipal Code is amended by replacing “building and planning director“ with “community development director” wherever it occurs in sections 2.08.050, 2.24.020, and 2.48.030. SECTION II: That Title 2 of the Carlsbad Municipal Code is amended by replacing “land use planning manager” with “planning director” wherever it occurs in sections 2.24.020, 2.24.030, and 2.48.030. SECTION Ill: That Title 5 of the Carlsbad Municipal Code is amended by replacing ”building and planning director and “director of building and planning” with “community development director” wherever they occur in sections 5.04.1 20, 5.09.050, 5.09.1 10, 5.24.005, 5.24.01 5, 5.24.020, 5.24.025, 5.24.030, 5.24.040, 5.24.045, 5.24.065, 5.24.075, 5.24.080, 5.24.085, 5.24.095, 5.24.100, 5.24.105, 5.24.115, 5.24.120, 5.24.125, 5.24.210, 5.24.315, and 5.24.335. SECTION IV: That Section 5.50.040 of the Carlsbad Municipal Code is amended by replacing “land use planning manager” with “planning director.” SECTION V: That Title 6 of the Carlsbad Municipal Code is amended by replacing “building and planning director” with “community development director” wherever it occurs in sections 6.16.030 and 6.16.050. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION VI: That Title 13 of the Carlsbad Municipal Code is amended by replacing “building and planning director” with “community development director” in sections 13.20.020 and 13.20.040. SECTION VII: That Title 18 of the Carlsbad Municipal Code is amended by replacing “building and planning director“ ”and “director of building and planning” with “community development director“ wherever they occur in sections 18.05.020, 18.1 2.030, 18.12.040, 18.12.050, 18.12.080, 18.12.100, 18.12.110, 18.12.120, 18.12.130, 18.12.140, 18.12.150, 18.’12.160, 18.12.180, 18.12.200, 18.30.020, 18.32.010, and 18.40.110. SECTION VIII: That Section 18.28.050 of the Carlsbad Municipal Code is amended by replacing “principal building inspector” with “community development director.” SECTION IX: That Section 19.04.080B. of the Carlsbad Municipal Code is amended to read as follows: “1 9.04.0808. Notice of hearing on appeal before eitktef the planning commission shall be sent by first class mail to the applicant and to the appellant.” SECTION X: That Section 19.04.110A. of the Carlsbad Municipal Code is amended to read as follows: “19.04.1 10A. If the planning director or the planning commission has the authority under this code to approve or deny a project, the decision to adopt, conditionally adopt or disapprove adoption of a negative declaration or a mitigated negative declaration is final unless any interested party files an appeal of the negative declaration, as provided by this code in Title 21, Chapter 21 54, Sections 21 54.140 and 21 S4.150.” SECTION XI: That Section 19.04.170 of the Carlsbad Municipal Code is amended to read as follows: “1 9.04.170 Appeal of environmental impact report. A. Any challenge to the adequacy of an EIR certified by the planning commission may be appealed to the city council in accordance with the procedures set forth in Title 21, Chapter 21 34, Section 21 54.150. the B. Notice of the hearing on appeal before 3 .. city council shall be sent by first class mail to the applicant and to the appellant.” ... -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION XII: That Title 20 of the Carlsbad Municipal Code is amended by replacing “land use planning office” with “planning department” wherever it occurs in sections 20.08.010, 20.08.020, and 20.12.120. SECTION Xlll: That Title 20 of the Carlsbad Municipal Code is amended by replacing “building and planning director” “and “director of building and planning” with “community development director” wherever they occur in sections 20.08.140, 20.48.01 0, and 20.48.030. SECTION XIV: That Title 20 of the Carlsbad Municipal Code is amended by replacing “land use planning manager“ with I‘ planning director” wherever it occurs in sections 20.12.010, 20.12.015, 20.12.070, 20.17.020, 20.20.110, 20.24.090, 20.36.070, and 20.48.010. SECTION XV: That Section 22.08.020 of the Carlsbad Municipal Code is amended by replacing “land use planning manager“ with “planning director.” SECTION XVI: That Section 22.10.020 of the Carlsbad Municipal Code is amended by replacing “director of building and planning” with “community development director” wherever it occurs. 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 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) ... ... ... ... -3- I1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -4- Planning Commission Minutes August 20,2003 EXHIBIT 7 Page 8 4. ZCA 00-02/LCPA 00-09 - VARIOUS CODE CHANGES - Request for a recommendation of adoption of a Negative Declaration and approval of a Zone Code Amendment and Local Coastal Program Amendment for a variety of changes to the text of the Zoning Ordinance. Also presented as a receive and file item only are related, minor changes to other titles of the Municipal Code besides the Zoning Ordinance that the City Council will review and consider for approval. Mr. Neu introduced Item 4 and stated that Associate Planner, Scott Donnell, would make the presentation and that this item would automatically go to City Council for approval. Chairperson Baker opened the public hearing on Item 4 and acknowledged the Errata Sheet received on this Item. Associate Planner, Scott Donnell, presented the Staff Report stating that this project had been labeled various code changes and involved three Separate applications. The Municipal Code Amendment affects titles outside the Zoning Ordinance. This project is a Staff-initiated project. The changes were developed in consultation with the City Attorney. The changes are four-fold. The first is to improve the consistency of the Zoning Ordinance, both internally and with other titles of the Municipal Code. In addition, the purpose of this project is to make the Zoning Ordinance easier overall to use through the standardization of some procedures in the Zoning Ordinance, as well as updating the Zoning Ordinance with procedures that are in effect currently. Moreover, the goal is to make the Zoning Ordinance more relevant by using updated terms and procedures and to make the other titles of the Municipal Code improved through various changes to the titles of land use officials involved in land use review. There are 11 recommended changes as follows. 1) Revise standards for the noticing of continued public hearings; 2) Revise the review requirements for subdivisions with panhandle lots; 3) Amend procedures for incomplete application; 4) Revise and standardize the appeal process for most types of land use decisions; 5) Revise variance findings to be consistent with the California Government Code; 6) Change provisions affecting the review of General Plan and Zoning Ordinance Amendments; 7) Repeal density provisions that are inconsistent with the General Plan; 8) Update Chapter 21.05 to reflect currently adopted zones; 9) Replace outdated titles, such as “land use planning manager,” with current titles such as “planning director”; 10) Add a definition for “wireless communication facilities” and incorporate by reference a City Council policy on the same; and 11) Miscellaneous, minor changes. Commissioner Dominguez asked for more information on the proposed changes for panhandle lots and appeals notification. He stated that there are certain Items that come before the Planning Commission, particularly regarding coastal decisions, that can be appealed, but they are never notified. Mr. Neu shared a public hearing notice for a Coastal Development Permit that indicated at the end that the permit was in the Coastal Zone appealable area. So that information is on the notice that is mailed. Following that there is information regarding the appeal process. This information is required by the coastal permit procedures. Commissioner Dominguez asked who would be notified. Mr. Neu stated that the people within a certain radius of the project would receive the notice. He stated that the notice describes the project and has a location map. Commissioner Dominguez stated that it had been confusing as to what was appealable and what was not. Commissioner Dominguez asked for more information on the changes regarding the panhandle lots. Mr. Donnell stated that there are three zones in the City that allow panhandle lots. In two of the zones, if you have a subdivision that’s considered a minor subdivision with fewer than four lots, the code states that the Planning Commission shall review those subdivisions. If the subdivision has five or more lots, then the City Council shall review the subdivision. There is another zone, however, that for minor subdivisions with panhandle lots, the Planning Director makes the decision. For major subdivisions with five or more Planning Commission Minutes August 20,2003 Page 9 lots, the City Council makes the decision. It is proposed to make the review of panhandle subdivision lots the same as all other subdivisions, that a minor subdivision with a panhandle lot would be reviewed and approved by the City Engineer. A major subdivision with a panhandle lot that is between five and fifty lots would be reviewed and approved by the Planning Commission. Any major subdivision, whether it had a panhandle lot or not, would go to the City Council for approval. Commissioner Dominguez stated that he had deep concerns about that, primarily because most of the City’s business would be infill in the coming years and the reduction of giving people a forum to air their concerns about panhandle lots would cause grief in the future. Chairperson Baker stated that reviewing minor subdivisions with panhandles was not something the Planning Commission could change. Mr. Wojcik clarified the process that the Engineering Department used for the Tentative Parcel Maps. When they receive an application, with or without a panhandle, they mail out to a 3004 radius all of the property owners notifying them that a Tentative Map has been applied for and where they can obtain further information. When the City Engineer renders a decision on the Tentative Parcel Map, another notice is mailed about that decision, explaining the appeal process. Commissioner Montgomery elaborated on Commissioner Dominguez’s concerns about areas developed that are split into two where there is a flag lot behind it. If these are paired in series in an area with minimal engineering input, which happened into the mid-1980s when they didn’t have the proper review for drainage, utilities, access, and such, it will create certain neighborhoods in Carlsbad with a collective amount of multiple two-lot subdivisions. The areas adjacent to these have many problems. Commissioner Montgomery asked what will the Planning and Engineering Departments do to prevent these problems. Mr. Wojcik replied that over the years they’ve learned from past mistakes and they have a much better trained Staff in terms of what they look for as far as drainage, pollution control, and so forth. In the past, a sloping panhandle lot may have been approved when the lot was too low to make it to a sewer line, even by gravity, so pumps would have been necessary. He stated that their level of analysis and review has greatly improved because of some catastrophes. Commissioner Montgomery stated that it wasn’t a single lot split that caused the problems, but the collective splitting of adjacent lots. These are issues of infill development. Mr. Wojcik offered one example of the changes that have been made, stating that the Lynn Subdivision on Black Rail Road is set back from Black Rail Road and the original request was to have panhandles back to it. In looking at the area, it was obvious that there were multiple small pieces of properties that wouldn’t go into major subdivisions that would all need some form of access. They weren’t going to provide access off Poinsettia, so the request for panhandles was denied. Instead, it was required that they dedicate the public street to gain access back to the property. That forced the Lynn Subdivision to deal with the property in front of them and negotiate for some right-of-way. Commissioner Dominguez asked how much it cost to appeal a Tentative Map filing. Chairperson Baker stated that it was $440 if they were appealing to the Planning Commission. Mr. Wojcik stated that it was the City Engineer’s decision whether they were going to approve it and the current ordinance states that the City Engineer’s decision can be appealed directly to the City Council. The procedure used since the delegation of signing the approvals for Tentative Maps has been given to him and if someone wanted to appeal a decision he had signed, the City Engineer would meet with them to try to avoid going on to City Council. There is this informal appeal procedure in between the decision and the City Council. Chairperson Baker stated that a decision made by the Planning Director would be appealed to the Planning Commission. Mr. Wojcik confirmed that. Commissioner Dominguez observed that it had been his experience that the whole process was rather intimidating, time-consuming, and highly discouraging. Chairperson Baker asked if he was, therefore, recommending that the change pertaining to this not be made. He stated that he would like panhandle lots limited to two for the City Engineer’s administrative approval. Anything larger than two, he felt would have potential problems that required closer examination. He added that the future problems won’t be in the subdivisions, but in the old established neighborhoods where people have become accustomed to certain amenities that they’re going to lose. Planning Commission Minutes August 20,2003 Page 10 Commissioner Montgomery questioned the wording about wireless communications on page 16 where it states in the proposal that the WCFs can be a conditionally permitted use in all zones. He asked if they might want to exclude those in residential areas. He stated that he didn’t believe that any of those sites had to be in residential zones. Mr. Donnell responded that it was drafted to say “all zones” because if they were to prohibit those facilities from locating in certain zones, they might run afoul of the Federal Telecommunications Act. They cannot prohibit a company from expanding their network. If it was determined that the only location for a facility was in a residential zone, he thought that federal law would require the City to approve it. The City would not be prevented from trying to find alternatives, however, and that‘s where policy applies to discourage providers from locating in certain areas. Commissioner Montgomery stated that his point of contention was with multiple locations away from residential locations. He asked Ms. Mobaldi if the City limited these by stating no residential zones. Ms. Mobaldi stated that there may be situations where they needed to locate in residential zones. Ms. Mobaldi said she could look into the Federal Law before this goes to the City Council. Commissioner Montgomery asked about the wording under ”Miscellaneous, minor changes” regarding allowed protrusions above building height limits. He noted that there are no actual height limits of any kind and that it was up to the planners and the Planning Director to modify protrusions. He said that he felt that there should be a height limit. Commissioner Dominguez agreed with Commissioner Montgomery that the protrusion issue was unclear. Ultimate height limit, for example, is the center roofline not the highest portion of a structure. Parapets and steeples can be used as a retaliatory measure against a neighbor. Commissioner White stated that if a height or percentage limit were put into this language that it could encourage an applicant who was thinking of having any kind of protrusion to go all the way to the top of that limit. She stated that she felt planners looked very carefully at protrusions to see if they were balanced with the rest of the structure and if it would be an annoyance to the neighbors. The planners screen these and the Planning Commission could condition any of these structures. Commissioner Montgomery explained that his contention was that someone might argue that there was no regulation height limit. Mr. Neu said that there was quite a degree of subjectivity to it, but the only two limiting factors in that definition were that it couldn’t be for the purpose of providing additional floor space or be taller than the minimum height requirement to accommodate or enclose the intended use. There’s a lot of negotiating and judgment that goes into that. The difficulty in trying to come up with a number is trying to account for all the different possible scenarios. Commissioner Whitton stated that he was satisfied with the way it was defined as it gives the developers the use of their judgment. Commissioner Heineman stated that since their action was receive and file, he asked where that left the numerous proposals for changes. Mr. Donnell answered that there were two actions. One was to recommend approval of the changes to the zoning ordinance and then the receive and file had to do with those changes proposed to other parts of the Municipal Code other than Title 21. Commissioner Dominguez asked about the condition on the reduction of density from 30 to 23. He asked if that was an ultimate limit or could they apply density bonuses in special cases. Mr. Donnell confirmed that they could, that it didn’t interfere with that. Ms. Mobaldi addressed Commissioner Montgomery’s question about the legality of stating that the Planning Commission was allowed to address esthetics in a lot of their determinations, which, of course, is subjective and broad. DISCUSSION Chairperson Baker opened discussion on Commissioner Dominguez’s suggestion that the Planning Commission limit City Engineer approval to lots with panhandles with two lots or less. Planning Commission Minutes August 20,2003 Page 11 Commissioner Dominguez proposed that they retain anything larger than two panhandle lots to be heard before the Planning Commission in order to have it examined lest it become a problem in the community. He said that most of the damage previously alluded to by Commissioner Montgomery had been cumulative because administrative decisions just don’t get an airing. Although everything may be proper within the limits of the proposal to an engineer’s eye, the impacts to the immediate neighborhoods are really not taken into consideration. He stated that with the future massive amounts of infill that the Planning Commission would be dealing with, that they ought to retain that perspective. Commissioner Heineman stated that the suggestion was good and asked how they would go about doing that. Chairperson Baker stated that they would change where it said “four or fewer” to “two or fewer.” Mr. Wojcik asked for clarification as he thought Commissioner Dominguez said “no more than two panhandle lots.” Commissioner Dominguez confirmed that. Chairperson Baker remarked that there could be four lots with only one panhandle. She asked Commissioner Dominguez if he meant four lots with one panhandle. Commissioner Dominguez answered that he meant anything with two or more panhandles. Mr. Neu offered some background information explaining that when the City Engineer acted on minor subdivisions, he routed the proposal to various departments including the Planning Department to make a recommendation. So in the case of panhandle lots, that is addressed in the Zoning Ordinance. The Planning Department makes a recommendation whether the findings to approve a panhandle lot could be made and whether it meets the standards for lot width and depth and size of the panhandle. It‘s not done independently by the City Engineer. Commissioner White stated that the Planning Commission was not casting any doubt on the ability of the City Engineer or the Planning Department to make a rational decision. It’s the Commissioners wish to make a hearing available to people who live in the neighborhood and to make it as easy as possible for them to voice their opinions. Commissioner Dominguez concurred that opening up the process was his primary intent with this proposed change. Commissioner Whitton agreed with that statement. Chairperson Baker stated that infill in the north part of town was going to become a problem and it‘s wise to give an open hearing in situations such as this wherever possible. She recapped that it’s fewer than four, but has to have two panhandles before it comes to the Planning Commission. Commissioner Dominguez added that otherwise the engineer has full authority to process it administratively. A minor subdivision would trigger a hearing if it had two panhandles out of the four. Chairperson Baker asked Mr. Donnell what the language should be. He stated that it could say that the City Engineer shall approve minor subdivisions with no more than one panhandle lot. Subdivisions with two or more panhandle lots shall be reviewed and approved by the Planning Commission if they contain no more than 50 total lots. All other subdivisions shall require City Council approval. Chairperson Baker asked Ms. Mobaldi if that was acceptable. She asked Mr. Donnell if he was at 21 .IO. 080(B). Chairperson Baker called for an informal recess at 7:30 p.m. to refine the language. The meeting was called back to order at 7:35 p.m. Ms. Mobaldi stated that she was looking at Section 21.10.080(B), but other Sections would also need to be amended. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots. Widths and yards shall be measured in accord with this section if the following circumstances are found to exist, except for an application for two or more panhandle lots in a minor subdivision in which case the authority for approval shall be with the Planning Commission. Chairperson Baker asked for a motion. Planning Commission Minutes August 20,2003 Page 12 MOTION ACTION : Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5449, 5450 and 5451 recommending adoption of the Negative Declaration and recommending approval of ZCA 00-02 and LCPA 00-09, amended in regard to the review of minor subdivisions that contain two or more panhandle lots, based upon the findings contained therein and receive and file the proposed ordinance amending titles of the Municipal Code other than the Zoning Ordinance, including errata. Chairperson Baker called for a vote. VOTE: 6-0 AYES: NOES: None ABSTAIN: None Baker, Dominguez, Heineman, Montgomery, White and Whitton Chairperson Baker closed the public hearing on Item 4. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, October 7, 2003, to consider a request for adoption of a Negative Declaration and approval of a Zone Code Amendment, Municipal Code Amendment and Local Coastal Program Amendment for a variety of changes to the text of the Zoning Ordinance and minor changes to other titles of the Municipal Code besides the Zoning Ordinance. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 3, 2003. If you have any questions, please call Scott Donne11 in the Planning Department at (760) 602-4618. If you challenge the Negative Declaration, Zone Code Amendment, Municipal Code Amendment and/or Local Coastal Program Amendment, 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, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 00-02/MCA 03-01/LCPA 00-09 CASE NAME: VARIOUS CODE CHANGES PUBLISH: September 26,2003 CITY OF CARLSBAD CITY COUNCIL Smooth Feed SheetsTM CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN DIEGUITO SCHOOL DlST 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SANDIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES @AWRY@ Address Labeb SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR SAN MARCOS CA 92069 LEUCADIA CNTY WATER DlST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SANDIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W ORKS/EN G I N EERl NG DEPT Use template for 516(ic ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD ENClNlTAS CA 92024 OLIVENHAIN WATER DlST 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 .g -L- I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN Dl&O CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD MUNICIPAL WATER D I STRl CT Laser 5160@ WENDY WESTBERG STE 370 26440 LA ALAMEDA MISSION VIEJO CA 92691 ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 CARLSBAD CHAMBER OF COMMERCE JAN SOBEL 5934 PRIESTLY DR CARLSBAD CA 92008 CALTRANS DISTRICT 11 . BILL FIGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 921 86-5406 U S FISH &WILDLIFE SERVICE JOHN MARTIN 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENA VENTURA CA 93001 SACRAMENTO CA 95814 CHANNEL ISLANDS NATIONAL PARK COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKETST SAN FRANCISCO CA 94103 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY STE 400 611 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVl RON MENTAL S E RVI C ES D IV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FOOD & AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN DEPUTY ATTORNEY GENERAL 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 11 0 WEST A ST DEPARTMENT OF JUSTICE RM 700 SAN DIEGO CA 92101 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR 350 GOLDEN SHORE LONGBEACH CA 90802 NATIONAL OCEANIC & ATMOSPHERIC ADMIN OCRM,55MC4 N/ORM - 3 1305 EAST-WEST HWY SILVER SPRING MD 20910 ENERGY RESOURCES, CONSERVATION & DEVELOPMENT COMM CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 93044 SAN FRANCISCO BAY CONSERVATION & DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOW E AV SACRAMENTO CA 95825-8202 Smooth Feed SheetsTM U S BUREAU OF LAND MGMT STE RM W1834 2800 COTTAGE WAY SACRAMENTO CA 95825 U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MI D-PAC1 FI C REG ION U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018-1 338 U S FISH &WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 1ST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 Laser 5163@ Smooth Feed SheetsTM CY RI UMARY GIBSON 12142 ARGYLE DR LOSALAMITOS CA 90702 LANlKAl LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 Use terptate for 51~: SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 Laser 5 163@ Smooth Feed SheetsTp4 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 CRA PRESIDENT LEE ANDERSON 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTAAV ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B STREET SANDIEGO CA 92101 Shippiilg Labels S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE 8-5 COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DO N N A SC H RE I I3 E R 7163 ARGONAUTA WAY CARLSBAD CA 92009 CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 Laser 5163@ . PROOF OF PUBLIC TION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This 33 Day of September, 2003 This space if r the County Clerk’s Filing Stamp q-2+03 Proof of Publication of Signature NORTH COUNTY TIMES Legal Advertising Various Code ChangesZCA 00-02LCPA 00-09MCA 03-01A staff-initiated project Project Purpose• Improve Zoning Ordinance:– Consistency–Use– Relevancy• Improve other Municipal Code titles Recommended Changes• Establish renotice of continued hearings• Change incomplete application process•Standardize appeal process• Revise variance findings• Revise amendment process Recommended Changes (Cont’d)• Repeal outdated density provisions• Update zone names•Replace outdated titles• Add wireless communication facilities• Make various, minor changes• Amend review process for panhandle lots Panhandle Lots • Current review process unique• Staff proposal: Standardize• Commission recommendation• ZCA reflects Commission proposed process• Proposed changes affect onlysubdivisions with panhandle lots Panhandle Lot SubdivisionsCurrent and Proposed Review ProcessAll major subs (5 or more lots)Minor subs in R-A and R-E zonesMinor subs (<5 lots) in R-1 zoneExistingAll subs with > 50 total lotsCCAll subs with > 1 panhandle lot, up to 50 total lotsPCMinor subs with 1 panhandle lotStaffPC ProposedWho Approves Planning Commission Motion• Recommended – Adoption of Negative Declaration– Approval of ZCA 00-02 and LCPA 00-09• Received and filed MCA 03-01 Recommended Council Action• Adopt resolution– Negative Declaration– LCPA 00-09• Introduce ordinances – ZCA 00-02 – MCA 03-01