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HomeMy WebLinkAbout2005-11-15; City Council; 18345; South Carlsbad Coastal Redevelopment PlanCITY OF CARLSBAD - AGENDA BILL I AB # 18,345 MTG. 1 l/l W2005 2005 AMENDMENT TO THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN DEPT. CLK I CITY MGR si2 RECOMMENDED ACTION: Adopt Ordinance No. NS-779 approving the 2005 Amendment to the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project to require issuance by the Commission of redevelopment permits for all public and private projects within the subject project area. ITEM EXPLANATION: Ordinance No. NS-779 was introduced and first read at the City Council meeting held on November 8, 2005. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,337 on file with the City Clerk. EXHIBIT: I. Ordinance No. NS-779. DE PARTME NT C 0 NTACT: Sheila Co bian (760) 434-2927, sco bi Cazci . car1 s bad. 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 ORDINANCE NO. NS-779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 2005 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad (“Commission”) prepared a Redevelopment Plan (“Redevelopment Plan”) for the South Carlsbad Coastal Redevelopment Project (“Project Area”), a copy of which is on file in the office of the City Clerk, and presented it to the City Council for approval on July 18, 2000; and WHEREAS, the Commission and City Council adopted said Redevelopment Plan for said Project Area on July 18, 2000 pursuant to Ordinance No. NS -553; and WHEREAS, the Commission and City Council now have the desire to amend said Redevelopment Plan (the “2005 Amendment”); and WHEREAS, the Commission consulted or attempted to consult with the taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area with respect to the 2005 Amendments; and WHEREAS, the Commission and the City Council have reviewed, analyzed and considered the Final EIR for the South Carlsbad Coastal Redevelopment Project Area, certified on July 11, 2000, and determined that there are no substantial changes and there is no new information of substantial importance with respect to the circumstances under which the Redevelopment Project is undertaken which will require revisions of the Final EIR; and WHEREAS, the Commission and the City Council have both found that in accordance with Guidelines for the California Environmental Quality Act of 1970, Sections 15180 and 15162, no subsequent EIR or supplement to the Final EIR need be prepared for the 2005 Amendment, and no additional environmental review is necessary or required; and WHEREAS, after due notice was provided in accordance with the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), a joint public hearing was 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 held by the City Council and the Commission to consider the proposed 2005 Amendment to said Redevelopment Plan; and WHEREAS, the City Council has considered all aspects of the 2005 Amendment to said Redevelopment Plan, and has received, considered and evaluated all written and oral evidence and testimony presented for or against all aspects of the 2005 Amendment to said Redevelopment Plan; and WHEREAS, all actions required by law have been taken by all appropriate persons and entities. NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad, California as follows: SECTION 1: The purposes and intent of the City Council with respect to the Project Area shall continue to be as follows: 1. Eliminate blight and environmental deficiencies in the Project Area; 2. Assemble land into parcels suitable for modern, integrated development 3. Replan, redesign, and develop properties which are stagnant or 4. Increase, improve, and preserve the City’s supply of housing affordable to 5. Develop new beach and coastal recreational opportunities; 6. Facilitate the redevelopment of the Encina Power Generating Facility to a physically smaller, more efficient power generating plant; 7. Provide a funding source for the potential realignment of Carlsbad Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities, and/or development of cultural facilities or other public facilities; 8. Retain as many existing businesses as possible by means of redevelopment and rehabilitation services; 9. Enhance commercial and recreational functions in the Project Area; IO. Strengthen the economic base of the Project Area and the City by the installation of needed on- and off-site improvements to stimulate new commercial/residential expansion, employment and economic growth; with improved pedestrian and vehicular circulation in the Project Area; improperly utilized; very low, low and moderate income households; 11. 12. Implement performance criteria to assure quality site design and Increase parking and open space amenities; and environmental standards to provide unity and integrity to the entire Project Area development SECTION 2: The Redevelopment Plan is hereby amended as follows (new text appears in bold print), and approved and adopted as presented. The amended Redevelopment -2- 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 Plan is incorporated herein by reference and made a part hereof as if set out in full herein. The amendment Redevelopment Plan is designated as the official Redevelopment Plan of the Project Area. 1. SECTION II. (200) GENERAL DEFINITIONS OF THE REDEVELOPMENT PLAN SHALL BE REVISED TO ADD THE FOLLOWING: R. “Redevelopment Permit” means a permit issued by the Commission, pursuant to this Plan, for all rehabilitation, redevelopment, and development activities involving private and public real property, buildings, facilities and infrastructure systems within the Project Area. 2. SECTION VI. (600) USES PERMITTED IN THE PROJECT AREA SHALL BE REVISED TO ADD THE FOLLOWING: (601) Map and Uses Permitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries. The land uses permitted by this Plan shall be those permitted by the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended, with the exception that new development which provides for one or more of the following specific uses may be permitted in the Project Area only after all of the following are satisfied a) the Carlsbad Housing and Redevelopment Commission approves a finding that the land use serves an extraordinary public purpose, and b) a precise development plan or other appropriate planning permit or regulatory document is first approved by the Commission which sets forth the standards for development of the project, and c) the Commission has issued a Redevelopment Permit for the project: -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 Desalination Plant and other facilities for the production, generation, storage, treatment or transmission of water; Generation and transmission of electrical energy; Public Utility district maintenance and service facilities; Governmental maintenance, storage and operating facilities; Processing, using and storage of natural gas, liquid natural g domestic and agricultural water supplies; and Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources; and/or Wastewater treatment, disposal or reclamation facilities and other facilities for the production, generation, storage, treatment or transmission of wastewater. The above findings and conditions shall not be required for, or applied to, any land use regulated by the Public Utilities Commission. A diagram of current permitted uses is presented in Exhibit D. Redevelopment Law Section 33336 requires this Plan contain adequate safeguards that the work of redevelopment will be carried out pursuant to the Plan. In addition, Redevelopment Law Section 33338 provides that this Plan contain other covenants, conditions, and restrictions which the City Council prescribes in order to implement the goals and objectives of this Plan and to provide adequate safeguards that the work of redevelopment will be carried out pursuant to this Plan. (608) Redeveloljment Permit Pursuant to this Plan, unless otherwise determined to be exempt by the zoning ordinance or other redevelopment implementing ordinance or regulatory document subsequently approved by the Housing and -4- 5 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 Redevelopment Commission, all rehabilitation, redevelopment, and development activities involving private and public real property, buildings, facilities and infrastructure systems within the Project Area shall require the issuance of a Redevelopment Permit and compliance with applicable development standards andlor design guidelines set forth under separate approval by the Housing and Redevelopment Commission. Redevelopment Permits shall not be required for land uses regulated by the Public Utilities Commission. (609) New Construction Unless otherwise determined to be exempt by the zoning ordinance or other redevelopment implementing ordinance or regulatory document subsequently approved by the Housing and Redevelopment Commission, all construction in the Project Area shall comply with applicable state and local laws in effect from time to time, and shall require a Redevelopment Permit. In addition to City land use regulations and requirements in this Plan, and the necessity for a Redevelopment Permit, additional specific performance and development standards may be adopted by the Commission to control and direct improvement activities in the Project Area. Redevelopment Permits shall not be required for land uses regulated by the Public Utilities Commission. (61 0) Rehabilitation Unless othetwise determined to be exempt by the zoning ordinance or other redevelopment implementing ordinance or regulatory document subsequently approved by the Housing and Redevelopment Commission, any existing structure within the Project Area that is repaired, altered, reconstructed, or rehabilitated shall require a Redevelopment Permit, with the exception that a Redevelopment Permit shall not be required for demolition -5- 6 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 of an existing structure or for land uses regulated by the Public Utilities Commission. (614) Signs All signs shall conform to the requirements of the City, and shall require a Redevelopment Permit. Design of all proposed new signs shall be subject to the review of the City and the procedures of this Plan. (61 5) Utilities The Commission, in conformity with the municipal code, and City policies, shall require that all utilities be placed underground for new developments whenever physically possible and economically feasible. This requirement shall not apply to rehabilitation, reconstruction, expansion, or continuation of existing facilities or developments. It also shall not apply to any land uses regulated by the Public Utilities Commission. SECTION 3: The City Council hereby finds and determines, based on the evidence in the record, including but not limited to, the Report to Council and evidence and testimony received at the joint public hearing on adoption of the 2005 Amendment that: 1. The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health safety, and welfare; The Redevelopment Plan is consistent with the City’s General Plan, including but not limited to, the City’s housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code; and 3. The carrying out of the Redevelopment Plan will promote the public peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes and policies of the Community Redevelopment Law. 2. SECTION 4: All written objections to the amendments to the Redevelopment Plan received during or prior to the joint public hearing, and all oral objections presented to the City Council at the joint public hearing, having been duly considered by the City Council, are hereby overruled. -6- 7 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 5: In order to implement and facilitate the effectuation of the Redevelopment Plan, it will be necessary for the City Council to take certain official actions, and accordingly, the City Council hereby reconfirms the following: 1. 2. Pledges its cooperation in helping to carry out the Redevelopment Plan; and Request the various officials, departments, boards and agencies in the locality having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan, including the expenditure of money in accordance with the provisions of the Redevelopment Plan to effectuate the Redevelopment Plan; and Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Carlsbad under the provisions of the Redevelopment Plan. 3. /Ill /Ill 1111 /Ill /Ill 1111 /Ill 1111 1111 /Ill /Ill /Ill /Ill /Ill /Ill 1111 /Ill -7- 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 6: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission, and the Commission is hereby vested with the responsibility for carrying out the Redevelopment Plan with the amendments, subject to the provisions of the Redevelopment Plan. 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 8th day of November 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15thday of November 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: APPROVED AS TO FORM AND LEGALITY: n RONALD !if$ . BALL, City Attorney EXHIBIT A PROJECT AREA MAP OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT a N EXHIBIT D DIAGRAM OF PERMITTED LAND USES A N