HomeMy WebLinkAbout2007-11-06; City Council; 19203; Village Master Plan revisionsCITY OF CARLSBAD
AND
HOUSING AND REDEVELOPMENT COMMISSION
AGENDA BILL
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19,203AB#
MTG.
DEPT. HOUSING & RED
10/1007 LCPA 95-10(A)/ZCA 95-10(A) - REVISIONS
TO VILLAGE MASTER PLAN AND DESIGN
MANUAL AND CITY COUNCIL POLICY NO.
65, AND AMENDMENTS TO CARLSBAD
MUNICIPAL CODE CHAPTER 21.35
DEPT. HEAD
CITYATTY.
CITY MGR.
RECOMMENDED ACTION:
1. That the Housing and Redevelopment Commission ADOPT Resolution No. 446
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APPROVING revisions to the Village Master Plan and Design Manual and concurring with the City of
Carlsbad's adoption of a Negative Declaration for the project.
That the City Council ADOPT Resolution No. 2007-273 approving ZCA 95-10(a) and introducing
Ordinance No.NS-862 amending Carlsbad Municipal Code Chapter 21.35, for consistency with the
Village Master Plan and Design Manual as amended.
That the City Council ADOPT Resolution No. 2007-274 approving LCPA 95-10(a), and approving the
Negative Declaration for the Village Master Plan and Design Manual and the amendment to Chapter
21.35 of the Carlsbad Municipal Code.
4. That the City Council ADOPT Resolution No. 2007-275 APPROVING amendments to City
Council Policy No. 65 - Signs on Public Property.
ITEM EXPLANATION:
On November 21, 1995, the Housing and Redevelopment Commission took action to approve the
Village Master Plan and Design Manual and the Housing and Redevelopment Commission Policies and
Procedures Manual. At the same time, the City Council approved .the implementing ordinance(s). The
new documents together with the revised ordinances and the existing Carlsbad Redevelopment Plan
represent the Local Coastal Program for the Village Area. On January 12, 1996, these documents
became effective for all areas of the Village which are located outside the Coastal Zone. Following
Coastal Commission approval on September 15, 1996, the documents became fully effective for all
properties within the Village and also located within the Coastal Zone.
In implementing the V7//age Master Plan and Design Manual, staff has discovered that some of the
approved policies and/or standards are incorrectly stated or inconsistent among the various
implementing documents. In addition, on March 26, 2006, the Housing and Redevelopment Commission
approved a Resolution of Intention (ROI) to amend one or more development standards set forth within
the Village Master Plan and Design Manual. This report together with the attached Design Review
Board report outlines the revisions and amendments proposed to the Village Master Plan and Design
Manual, City Council Policy No. 65, and Carlsbad Municipal Code, Chapter 21. 35. The actions are
generally described below.
DEPARTMENT CONTACT: Debbie Fountain 760-434-2815 dfoun@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED 0
DENIED d
CONTINUED Q
WITHDRAWN O
AMENDED D
tt. |~~CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES H
IEE AGENDA BILL #19,233 dated 11-20-07
VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS
The revisions proposed to the Village Master Plan and Design Manual in order to correct or clarify
implementing policies are generally identified below. The details of the actual language for the revisions
to be made within the Manual are noted in the attached report and related exhibits.
1. Delete references to compliance with the City's Planned Development Ordinance, Carlsbad
Municipal Code Chapter 21.45 for residential units proposed for separate ownership within the
Village Area.
2. Repeal Village requirements to obtain a variance if a project exceeds the maximum of the range for
a setback.
3. Allow approval of administrative variances by the Housing and Redevelopment Director for projects
within the Village Redevelopment Area but all other variances must be approved by either the
Design Review Board or the Housing and Redevelopment Commission, as appropriate.
4. Exempt demolition of structures both inside and outside the Coastal Zone within the Village Area,
except those which have the potential to impact coastal resources and/or public access to the coast,
from all redevelopment permit requirements.
5. Clarify signage regulations to define roof top signs and to allow pole signs under limited
circumstances.
6. Add language related to consistency determinations for permitting purposes.
7. Prohibit use of temporary structures or storage containers for ongoing operations of a business in
the Village Area.
8. Add a policy for processing extensions to Redevelopment Permits.
9. Revise various development standards, including setbacks, building coverage, maximum density,
and wall heights, as well as provide some flexibility in the calculation of parking requirements and
when standards modifications may be granted.
10. Permit property within the Transportation Corridor of the Village Area to develop with residential,
commercial and other uses that are consistent with the land uses allowed on adjacent properties in
Land Use Districts 1, 4 and 6.
11. Clarify the appropriate land use conditions for restaurant, restaurant with entertainment, bar/cocktail
lounge, and bar/cocktail lounge with entertainment or night club.
AMENDMENTS TO CHAPTER 21.35 - VILLAGE REDEVELOPMENT ZONE
In addition to the above-noted modifications to the Village Master Plan and Design Manual, some
revisions are required to the implementing ordinance, Chapter 21.35 of the Carlsbad Municipal Code, to
eliminate inconsistencies or process revisions. The modifications proposed to the implementing
ordinance are identified generally below. For additional detail, please review the attached Design
Review Board report and related exhibits.
1. "Administrative redevelopment project/permit" is to be consistent with language within the Village
Master Plan and Design Manual.
2. Exempt demolition of structures both inside and outside the Coastal Zone of the Village Area from all
redevelopment permit requirements, except for those which have the potential to impact coastal
resources and/or public access to the coast.
3. State that the Design Review Board's duties are to take action on all non-administrative permits or
projects and make recommendations on all ordinances or official policies relating to development or
other activities within the Village Area.
4. Set forth the process for appeals of the Housing and Redevelopment Director's decision to the
Design Review Board.
5. Establish the process for granting extensions to Redevelopment Permits.
REVISIONS TO CITY COUNCIL POLICY NO. 65 - SIGNS ON PUBLIC PROPERTY
On October 23, 2001, the City Council adopted a policy to address issues related to "Signs on Public
Property". Specifically, the policy includes standards for A-Frame signs in the Carlsbad Village Area
(Section 7) and discusses uses of public land for the display of banners in the Village Area (Section 11).
The policy includes some inconsistencies with regulations set forth within the Village Master Plan and
Design Manual for A-Frame signs which staff would like to address and revise at this time. Staff is also
recommending additional policy language related to the use of public property for the display of banners
in the Village Area. The revisions proposed to the policy are identified generally below. For additional
detail, please review the attached Design Review Board report and related exhibits.
1. To modify the standards within the policy to be consistent with the A-Frame display standards set
forth within the Village Master Plan and Design Manual.
2. Add language to guide the display of banners within the public right-of-way within the Village
Redevelopment Area only.
LOCAL COASTAL PROGRAM
The Village Master Plan and Design Manual and Village Project Area Redevelopment Plan together with
Chapters 21.35 and 21.81 of the Carlsbad Municipal Code represent the Local Coastal Program (LCP)
for the Village Redevelopment Area. Because some of the proposed amendments will apply within the
Village portion of the City's Coastal Zone and the Village Master Plan and Design Manual and
implementing policies are being amended, a Local Coastal Program Amendment is also being
processed at this time.
The proposed revisions to the Village Master Plan and Design Manual and Chapter 21.35 of the
Carlsbad Municipal Code will not adversely impact coastal resources, obstruct coastal views or
otherwise damage the visual beauty of the coastal zone and are therefore consistent with Local Coastal
Program policies. No permanent construction or development is involved with the proposed amendment.
In addition, all projects processed pursuant to these revised standards that also require a Coastal
Development Permit shall be required to comply with all applicable provisions and policies of the
certified Local Coastal Program and shall not result in significant adverse impacts to coastal resources.
The Coastal Commission requires a six week public review period on all proposed Local Coastal
Program amendments. This required review period was held from August 17, 2007 to October 1, 2007.
Comments received from the general public at the public hearing held before the Design Review Board
on September 6, 2007 are included in the minutes of the hearing and attached to this report. No
additional comments have been submitted to staff regarding the local coastal program amendment since
the September 6th hearing before the Design Review Board.
DESIGN REVIEW BOARD RECOMMENDATION
The Design Review Board held a public hearing on Thursday, September 6, 2007 to consider the
various actions outlined above. In a unanimous vote (4-0), the Board recommended approval of the
proposed revisions to the Village Master Plan and Design Manual, City Council Policy No. 65, and the
amendments to Carlsbad Municipal Code, Chapter 21.35. The Board had the following additional
recommendations:
1. Add revised language of amended Motion as approved at the public hearing as follows: "to allow
development standards modifications for projects/development that have a significant public benefit
as determined by the Housing and Redevelopment Commission or that assist the Commission in
meeting the goals and objectives set forth within the Village Master Plan and Design Manual."
2. By minute motion, the Board requested that the City Council instruct staff to study the size (width
and length) of parking spaces and develop a standardized size to apply to the Village Area, and
preferably city-wide.
3. By minute motion, the Board requested that the Housing and Redevelopment Commission consider
the impact of the proposed setback standards to maintain adequate ingress and egress to existing
small lots with adjoining driveways, if one lot is allowed to build to a zero front setback at ground
level.
ENVIRONMENTAL REVIEW
The proposed project has been reviewed for potential adverse environmental impacts pursuant to the
Guidelines for Implementation of the California Environmental Quality Act (CEQA) 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. Given the
environmental analysis, a Notice of Intent to Adopt a Negative Declaration was posted in the
newspaper and mailed to the State Clearinghouse on July 23 2007 for public review. The submitted
letter(s), along with a letter (or letters) of response, are attached to the Design Review Board staff
report as part of the Negative Declaration. Adoption of Design Review Board Resolution No. 324
recommends approval of the Negative Declaration by the City Council.
FISCAL IMPACT
The consultant costs related to this project amounted to approximately $175,000 and were funded
with redevelopment tax increment. These costs related to studies and visual demonstrations used to
develop the recommendations for revisions to the Village Master Plan and Design Manual, City
Council Policy No. 65 and Carlsbad Municipal Code, Chapter 21.35. Staff time on this project was
extensive. However, there is no estimate at this time on staff costs.
EXHIBITS:
1. Housing and Redevelopment Commission Resolution No. 446 approving revisions to the
Village Master Plan and Design Manual and concurring with the adoption of a Negative
Declaration for the project by the City of Carlsbad.
2. City Council Resolution No. 2007-273 approving ZCA 95-10(a) and introducing Ordinance
No.NS-862amending Carlsbad Municipal Code Chapter 21.35, for consistency with the Village
Master Plan and Design Manual as amended.
3. City Council Resolution No. 2007-274 approving LCPA 95-10(a) , and approving the Negative
Declaration for the Village Master Plan and Design Manual and the amendment to Chapter 21.35
of the Carlsbad Municipal Code.
4. City Council Resolution No. 2007-275 approving revisions to City Council Policy No. 65 - Signs
on Public Property.
5. Map of the Village Area.
6. Design Review Board Staff Report and Resolutions, dated September 6, 2007.
7. Negative Declaration and related exhibits.
8. Legislative Draft (Redline & Strikeout) of Proposed Zone Code Amendment (Chapter 21.35).
9. Legislative Drafts (Redline & Strikeout) of modified pages from the Village Master Plan and
Design Manual.
10. Legislative Draft (Redline & Strikout) of Proposed Amendment to City Council Policy No. 65 -
Signs on Public Property
11. Summary Chart of current and proposed new development standards.
12. Comments Forms and other correspondence from January, 2007 workshops. (On file in city
Clerks Office)
13. Draft Minutes and related correspondence from Design Review Board Public Hearing.
14. Memo from City Attorney adding Resolution No. 2007-277 and Ordinance
No. NS-863 for Council Consideration.
15. City Council Resolution No. 2007-277.
16. City Council Ordinance No. NS-863.
17. Citizen Correspondence
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WHEREAS, the City of Carlsbad conducted environmental review of the project
Zone; and
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l PIT" ISEE AGENDA BILL #19,233 dated 11-20-07
•*~..
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 446
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING REVISIONS TO THE VILLAGE MASTER PLA>TAND
DESIGN MANUAL, AND CONCURRING WITH THE CITY/OF
CARLSBAD'S ADOPTION OF A NEGATIVE DECLARATION FOR THE
PROJECT.
CASE NAME: VILLAGE MASTER PLAN AND/DESIGN MANUAL
AMENDMENTS
CASE NO.: _ ZCA 95-10(A)/LCPA 95-1 OjA) _
WHEREAS, amendments to the Village Master Plapfand Design Manual are
desired and necessary to clarify and/or revise policies for consistency with the Zone
Code and to revise one or more development standards to facilitate the development of
high quality redevelopment projects within the boundaries of the Village Redevelopment
and issued a Notice of Intent to Adopt a Negative Declaration; and
WHEREAS, the Design Review Bioard did on the 6th day of September 2007 hold
a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public bearings, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information
submitted by staff, and considering any written comments received, the Design Review
Board considered all factors relating to the amendments to the Village Master Plan and
Design Manual.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
as follows:
a) That the/foregoing recitations are true and correct.
b) That/based on the evidence presented at the public hearing, the Commission
hereby APPROVES the amendments to the Village Master Plan and Design Manual with
the following additional amendment and based on the following findings:
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24 1. Development standards modifications will be considered for projects/
25 "'development that have a significant public benefit as determined by the Housing and
Redevelopment Commission or that assist the Commission in meeting the goals and
pbjectives set forth within the Village Master Plan and Design Manual.
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Findings:
1. The proposed amendments are consistent with the General Plan in that they
provide implementing policies and standards to facilitate development in the Vilfage Area
that helps to create a strong identity for the Village, revitalize the area, ano^enhance the
economic potential of the Village.
2. The proposed amendments reflect sound principles of goc*! planning in that
they (a) ensure internal consistency with the procedures and standards for the Village
Redevelopment Zone set forth in Carlsbad Municipal Code Chapter 21.35, (b)
implement the policies and programs of the General Plan, ana (c) assist in the facilitation
of high quality development within the Village that is consistent with the Vision for the
area.
3. The Housing and Redevelopment Commission, as a Responsible Agency, has
reviewed, analyzed and considered the Negative [Declaration for the project as prepared
by the City of Carlsbad, and in its independent judgment concurs that there is no
substantial evidence that the project will have ia significant effect on the environment.
4. The proposed amendments will be effective thirty (30) days after approval date,
in all areas of the Village, except those areas of the Village which are located in the
Coastal Zone. For properties in the Coasral Zone, the amendments will not be effective
until approved and certified by the California Coastal Commission.
PASSED, APPROVED,AND/ADOPTED at a Special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the6tb day of
November . 2007, by the following vote, to wit:
AYES: Commis/sion Members Lewis, Kulcbin and Nygaard.
NOES:
ABSENT: Cb^nmission Members Hall and
USA^THILDABRAND,
Interim Secretary to the Commission - *••"Z <n '1970 18
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SEE AGENDA BILL #19,233 dated 11-20-07
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CITY COUNCIL RESOLUTION NO. 2007-273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT (CHAPTER
21.35) TO CLARIFY AND/OR REVISE POLICIES FOR CONSISTENCIES
WITH DEVELOPMENT STANDARDS WITHIN THE VILLAGE MASTER
PLAN AND DESIGN MANUAL AS AMENDED TO FACILITATE THE
DEVELOPMENT OF HIGH QUALITY REDEVELOPMENT/PROJECTS
LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE AREA, IN
THE CITY OF CARLSBAD.
CASE NAME: VILLAGE MASTER PLAN ANIXDESIGN MANUAL
AMENDMENTS
CASE NO.: ZCA 95-10(A)/LCPA 95-1 (MA)
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WHEREAS, in accordance with Carlsbad MunicipaKCode, Title 21, Chapter
21.52, Section 21.52.020, the City of Carlsbad has prepared an amendment to Carlsbad
Municipal Code Title 21, Chapter 21.35 relating to policies, processes, procedures for
the V-R Village Redevelopment Zone (CMC 21.35) .and the Village Master Plan and
Design Manual, which sets forth the land use classifications and development standards
for the Village Redevelopment Zone; and
WHEREAS, the proposed amendmejrf is set forth in Ordinance No. NS-862 . and
noted as Exhibit "X," dated July 13, 2007yand attached hereto V-R VILLAGE
REDEVELOPMENT ZONE - ZCA 95-10(A); and
WHEREAS, the Design Review Board did on the 6th day of September 2007 hold
a duly noticed public hearing as prescribed by law to consider said request and has
recommended approval of the ppoposed V-R Village Redevelopment Zone amendments
ZCA 95-10(a); and
WHEREAS, the Citw6ouncil did on the 16th day of October, 2007 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, analyzing the information
submitted by staff/and considering any written comments received, the City Council
NOW/THEREFORE, BE IT HEREBY RESOLVED by the City Council
as follows;/
That the foregoing recitations are true and correct./
25 b) That based on the evidence presented at the public hearing and set forth in the
Design Review Board Staff Report dated September 6, 2007, the Council hereby
APPROVES V-R VILLAGE REDEVELOPMENT ZONE AMENDMENTS ZCA 95-
10(A) and INTRODUCES Ordinance No. NS-862 approving ZCA 95-10(a),
subject to the findings and conditions set forth in Design Review Board Resolution
No. 326, dated September 6, 2007.
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c) That based on the evidence presented at the public hearing and set forth in the
Design Review Board Staff Report dated September 6, 2007, the Council hearby
APPROVES the Negative Declaration, Exhibit "ND", according to Exhibits "NOI"
dated July 23, 2007, and "PM", dated June 29, 2007, attached hereto, and based
on the findings set forth in Design Review Board Resolution No. 324.
d) The proposed amendments will be effective thirty (30) days after approval date,
in all areas of the Village, except those areas of the Village which are located in
the Coastal Zone. For properties in the Coastal Zone, the amendments wHI not be
effective until approved and certified by the California Coastal Comrnis^
PASSED, APPROVED.AND ADOPTED at a Special meeting of th^City Council
of the City of Carlsbad, California, held on the 6tb day of N0^emb«007, by the
following vote, to wit:
AYES: Council Members Lewis, Kulcb^n and Nygaard
NOES: None.
ABSENT: Council Members Hall an^ Packard.
I LEWS, flfayor
CC Resolution No.
Page 2
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Exhibit X
2 July 13, 2007
3 ORDINANCE NO. NS-862
4 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
5 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING CARLSBAD MUNICIPAL CODE
6 CHAPTER 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO
CLARIFY AND/OR REVISE PROVISIONS FOR CONSISTENCY WITH
7 THE VILLAGE MASTER PLAN AND DESIGN MANUAL.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
CASE NO.: ZCA 95-10(A)/LCPA 95-10(A)
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The City Council, does ordain as follows:
11 Section I: That Chapter 21.35 of the Carlsbad Municipal Code is
12 amended to read as follows:
13 Chapter 21.35
14 V-R VILLAGE REDEVELOPMENT ZONE
15 21.35.010 Intent and purpose.
21.35.020 Incorporation of redevelopment plan and village master plan and design manual by
reference.
17 21.35.030 Land affected by this chapter.
18 21.35.040 Permitted uses.
21.35.050 Provisional uses.
21.35.060 General regulations.
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21.35.070 Redevelopment permit.
21 21.35.080 Redevelopment projects.
22 21.35.085 Permit application.
23 21.35.090 Housing and redevelopment director action.
24 21.35.100 Design review board action.
21.35.110 Effective date of order-Appeal of design review board decision.
21.35.115 Housing and redevelopment commission action.
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21.35.117 Notice of public hearings.
27 21.35.120 Consolidation of other permits and discretionary approvals-Findings requirements.
28 21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
21.35.150 Amendments.
21.35.010 Intent and purpose.
3 The village redevelopment zone is intended to establish land use classifications and develop standards
4 and procedures for that area of the city described in the Carlsbad village area redevelopment plan, as
5 adopted by city council Ordinance No. 9591. This zone adopts the land use classifications and
6 development standards of the Carlsbad village area redevelopment plan and of the village master plan
7 and design manual adopted pursuant to the redevelopment plan as the zoning for the area designated.
8 (Ord. NS-330 § 4 (part), 1995)
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21.35.020 Incorporation of redevelopment plan and village master plan and design manual
by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No. 9591 on
12 July 21, 1981, and the village master plan and design manual as adopted by Carlsbad housing and
redevelopment commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad housing
and redevelopment commission Resolutions No. 280 on August 13, 1996, No. 291 on December 16, 1997,
and No. 379 on April 13, 2004, and modified by Carlsbad housing and redevelopment commission
Resolution No. 446 on Novgnber 6 , 2007 are hereby adopted by reference and incorporated into this
17 chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 § 11, 1998: Ord. NS-371 §3, 1996: Ord. NS-340 § 1, 1995:
18 Ord. NS-330 § 4 (part), 1995: Ord. NS-862 ,2007)
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21.35.030 Land affected by this chapter.
2i This chapter shall apply only to lands located within the boundaries of the Carlsbad village area, the
->2 boundaries of which are described in the Carlsbad village area redevelopment plan. (Ord. NS-330 § 4
23 (part), 1995)
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e- 21.35.050 Provisional uses.o
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21.35.040 Permitted uses.
Only those uses specified in the Carlsbad village area redevelopment plan and the village master plan and
design manual as permitted uses for particular property in the village redevelopment area shall be
permitted. (Ord. NS-330 § 4 (part), 1995)
Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the village
master plan and design manual shall be permitted upon issuance of a redevelopment permit approved
according to this chapter. (Ord. NS-330 § 4 (part), 1995)
21.35.060 General regulations.
Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad village
redevelopment plan or the village master plan and design manual, the regulations of this title which apply
to uses generally or generally to all zoning classifications shall apply to property and uses in this zone.
(Ord. NS-330 § 4 (part), 1995)
21.35.070 Redevelopment permit.
Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no development
shall occur in the area subject to this chapter without a redevelopment permit. (Ord. NS-330 § 4 (part),
1995)
21.35.080 Redevelopment projects.
(a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An exempt project
is one which is exempt from the requirement to obtain a coastal development permit in accordance with
Section 21.81.030; and requires no redevelopment permit or other discretionary approvals, and includes
but is not limited to:
(1) Interior or Exterior improvements to existing structures which do not result in the intensity of use of a
structure; and/or
(2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal
floor area; and/or
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(3) Changes in permitted land uses which do not require site changes, result in increased ADT, result in
increased parking requirements, or result in compatibility issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or,
(5) Repair or maintenance activities which are exempt from a coastal development permit; and/or.
(6) Activities of public utilities regulated by a government agency; and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such demolition activity has the potential to have an adverse impact
on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of redevelopment permits required for nonexempt projects.
One permit for each type of redevelopment project described as follows:
,. (1) Administrative Redevelopment Project. An administrative redevelopment project is one which results in
minor new construction and/or a change in a development which requires no other discretionary
approvals, except an administrative variance within the authority of either the director of planning or the
housing and redevelopment director, and includes, but is not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an estimated permit value of
less than sixty thousand dollars; and/or16
(B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or
(C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or
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(D) Changes in permitted land uses which result in site changes, increased ADT, increased parking
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requirements, or result in compatibility issues/problems; and/or
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(E) Signs for existing businesses or facilities; and/or
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(F) Repair or maintenance activities which are not exempt projects; and/or
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(G) Demolition of a structure that has the potential to have an adverse impact on coastal resources and/or
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public access to the coast.
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(2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify as an
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administrative redevelopment project and involves new construction with an estimated permit value of
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sixty thousand dollars or more but less than one hundred fifty thousand dollars.
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(3) Major Redevelopment Project. A major redevelopment project is one which involves new construction
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with an estimated permit value of one hundred fifty thousand dollars or more. (Ord. NS-330 § 4 (part),
1995 :Ord.NS-862 2007)
21.35.085 Permit application.
(a) An application for a redevelopment permit for a non-exempt project as defined in Section 21.35.080
may be made by the record owner or owners of the property, or the authorized agent or agents for the
property, on which the development is proposed. The application shall be filed with the director upon forms
provided by the director, and shall be processed in accordance with the provisions of Section 21.54.010 of
this code.
(b) If signatures of persons other than the owners of property making the application are required or
offered in support of, or in opposition to, an application, they may be received as evidence of notice having
been served upon them of the pending application, or as evidence of their opinion on the pending issue,
but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by
the design review board and the housing and redevelopment commission.
(c) The application shall be accompanied by a fee in the amount established by city council resolution. No
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application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. (Ord.
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NS-330 § 4 (part), 1995)
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if the project is
exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required
for a project which is exempt from the requirements of this chapter.
The director shall determine the exemption based on the certified local coastal program, including maps,
categorical exclusions and other exemptions, land use designations, zoning ordinances and the village
master plan and design manual. In granting an exemption, the director may impose such conditions as are
necessary to protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten calendar days of the
determination that the application is complete. The decision of the director on all exempt determinations is
final, (subject to the potential dispute resolution process as provided in Section 21.81.050).
The director shall maintain a record of all determinations made on projects exempt from the requirements
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of this chapter. The records shall include the applicant's name, an indication that the project is located in
the village area, the location of the project, and a brief description of the project. The record shall also
include the reason for exemption.
(b) The director may approve, conditionally approve or deny administrative redevelopment permits as
defined in Section 21.35.080, subject to appeal to the design review board.
(c) After all necessary reports and recommendations have been received the director shall transmit the
application for a minor or major redevelopment permit together with the reports and the recommendations
of the appropriate departments to.the design review board for a public hearing.
(d) The director shall transmit to the design review board all timely appeals on administrative permits and
administrative variances.
(e) The director may grant, conditionally grant or deny applications for the types of administrative
variances set forth in Section 21.51.020 of this code and in accordance with the procedures provided in
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Chapter 21.51 of this code, except that the director and the design review board shall serve as the
appropriate approving bodies for projects within the village redevelopment area. If the project includes
other discretionary approvals outside the director's authority, the director shall set the consolidated project
for public hearing by the design review board.16
(f) The effective date of order of a housing and redevelopment director decision and the method for appeal
of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 § 33, 2003; Ord. NS-
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330 §4 (part), 1995)
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20 21.35.100 Design review board action.
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(a) The design review board shall hold a public hearing on:
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(1) Appeals of decisions made by the director on administrative redevelopment permits as defined in
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Section 21.35.080 or administrative variances;
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(2) Minor or major redevelopment permits and tentative maps; and
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(3) Nonadministrative variances for which the board has final decision-making authority pursuant to
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Section 21.35.130(b).
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(b) For major redevelopment projects, the board shall consider the evidence and by resolution report and
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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.
(c) The board shall have sole authority to consider the evidence and by resolution report and recommend
to the housing and redevelopment commission and/or city council approval, conditional approval, or denial
of revisions to applicable chapters within the Carlsbad Municipal Code, Village Redevelopment Plan,
Village Master Plan and Design Manual and/or other policy documents specifically related to activities
which benefit and/or otherwise impact the Village Redevelopment Area._(Ord. NS-675 § 34, 2003: Ord.
NS-330 § 4 (part), 1995: Ord. IMS-862, 2007 )
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21.35.110 Effective date of order-Appeal of design review board decision.
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The effective date of the design review board's decision and method for appeal of such decision shall be
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governed by Section 21.54.150 of this code. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-
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330 §4 (part), 1995)
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21.35.115 Housing and redevelopment commission action.
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The housing and redevelopment commission shall hold a public hearing on:
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(a) Any major redevelopment permit and/or tentative map for which the design review board has filed a
18 report and recommendation with the city clerk; or
19 (b) Any other matter made appealable to the commission by this chapter and which has been timely
20 appealed. (Ord. NS-330 § 4 (part), 1995)
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22 21.35.117 Notice of public hearings.
23 Notice of any public hearing required by this chapter shall be given as provided in Section 21.54.060(1) of
24 this code. (Ord. NS-330 § 4 (part), 1995)
25 ////
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IL
1 21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
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(a) Whenever a project would require a permit or approval under the provisions of this title and or Title 20,
notwithstanding this chapter, the redevelopment permit shall be deemed to satisfy the requirements for
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such permit or approval; provided, however, that in considering the redevelopment permit for said project
the director, design review board and the housing and redevelopment commission shall apply the
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provisions of this chapter and Title 20, if applicable for a tentative or final map and the provisions of this
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title and Title 20 otherwise applicable to such other permit or approval for the project.
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(b) Whenever a project consists only of exemption determinations and/or administrative permits or
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administrative variances within the authority of either the director of planning or the director, they shall be
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consolidated and considered by the director, subject to appeal to the design review board with regard to
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determinations other than exemptions.
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(c) If the project includes permits or other discretionary approvals outside the director's administrative
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permit or administrative variance authority, the administrative permit and/or administrative variance
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aspects shall be consolidated with the other matters and submitted to the design review board.
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(d) No variance, determination of exemption or administrative, minor or major redevelopment permit shall
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be granted unless the decision maker finds, in addition to any other findings otherwise required for the
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project, that the project as approved, or conditionally approved is consistent with this code, the general
18 plan, the Carlsbad village area redevelopment plan and the village master plan and design manual. (Ord.
19 NS-330 § 4 (part), 1995)
20 21.35.130 Variances.
(a) The housing and redevelopment commission may grant variances from the limits, restrictions and
22 controls established by this chapter for major redevelopment permits if the commission finds that:
23 (1) Because of special circumstances applicable to the subject property, including size, shape,
74 topography, location or surroundings, the strict application of the zone regulation deprives such property of
25 privileges enjoyed by other property in the vicinity and under identical zoning classification;
*Jf\(2) The variance shall not constitute a grant of special privileges inconsistent with the limitations upon
27 other properties in the vicinity and zone in which the subject property is located and is subject to any
98 conditions necessary to assure compliance with this finding;
(3) The variance does not authorize a use or activity which is not otherwise expressly authorized by the j"
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zone regulation governing the subject property;
(4) The variance is consistent with the general purpose and intent of the general plan, Carlsbad village
area redevelopment plan, and the Carlsbad village redevelopment master plan and design manual;
(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.
(b) An application for a variance shall be processed in the same manner established by this chapter for a
redevelopment permit.
(c) 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
1 section.
(d) 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. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4
(part), 1995)16
21.35.135 Extension of redevelopment permit
An application for a time extension for a redevelopment permit shall be processed directly by the final
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approving authority for a redevelopment permit as set forth within this chapter, unless authority is granted
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otherwise by the final approving authority. For example, the housing and redevelopment commission has
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final approving authority for all major redevelopment permits and subsequently for all related time
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extensions. The time extension application may be submitted directly to the housing and redevelopment
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commission for approval, and/or the commission may grant approval authority to the design review board
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and/or housing and redevelopment director.
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21.35.140 Compliance with other provisions of this code.
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Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad village area
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redevelopment plan and the village master plan and design manual and all other applicable provisions of
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(part), 1995)
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Section II:
the Carlsbad Municipal Code, including but not limited to those provisions of Titles 18,19 and 20. (Ord.
NS-330 § 4 (part), 1995)
21.35.150 Amendments.
Amendments to the Carlsbad village area redevelopment plan or the village master plan and design
manual shall be deemed to be amendments to this chapter; provided, however, that such amendments are
processed and noticed in a manner which meets the requirements of Chapter 21.52 of this code.
Amendment of the village master plan and design manual by housing and redevelopment commission
resolution, with a recommendation from the design review board, shall be deemed to satisfy the
requirements of Chapter 21.52 of this code, provided all other requirements are met. (Ord. NS-330 § 4
This Ordinance shall not become effective within the City's Coastal Zone until the Local Coastal
Program Amendment is approved by the California Coastal Commission.
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INTRODUCED AND FIRST READ at a Special Meeting of the Carlsbad City Council on
the 6th day of November, 2007, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2007, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
SEE AGENDA BILL #19,233 dated 11-20-07 l~a U ; U ' i-
C '-> c-W 11 D I I
1 CITY COUNCIL RESOLUTION NO. 2007-274
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS
3 TO CARLSBAD MUNICIPAL CODE CHAPTER 2/35 AND
4 APPROVING A LOCAL COASTAL /PROGRAM
AMENDMENT FOR THE VILLAGE SEGMENT OF THE
5 CARLSBAD LOCAL COASTAL ZONE THROUGH THOSE
AMENDMENTS AND REVISIONS TO7 THE VILLAGE
6 MASTER PLAN AND DESIGN MANUAL, AND ADOPTING
A NEGATIVE DECLARATION FOR SAID LOCAL COASTAL
7 PROGRAM AND RELATED ZONE jCODE AMENDMENT.
CASE NAME: VILLAGE MASTER/PLAN AND DESIGN
8 MANUAL AMENDMENTS
9 CASE NO: LCPA 95-10(A)/
10 WHEREAS, the City of Carlsbad has filed a verified application for an
11 amendment to the Local Coastal Pfogram for the Village Redevelopment Segment of
12 the Carlsbad Local Coastal Zone (and for all properties located within the Village
13 Redevelopment Project Area) by adoption of amendments to the Village Master Plan
14 and Design Manual and/Carlsbad Municipal Code Chapter 21.35 by the Housing and
Redevelopment Com/nission and the City Council respectively; and
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WHEREAS/said verified application constitutes a request for amendment as
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provided in Public Resources Code Sections 30510 et.seq.; and
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WHEREAS, a Negative Declaration was prepared in conjunction with said
20 project; ar
21 WHEREAS, the Design Review Board did recommend approval of the subject
22 application and Negative Declaration at their special meeting on September 6, 2007;
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24 / WHEREAS, the City Council did on the 16th day of October, 2007 hold a duly
25 noticed public hearing prescribed by law to consider said proposed Local Coastal
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Program Amendment through amendments to the Village Master Plan and Design
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Manual and Zone Code Amendment and Negative Declaration; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City/Council considered
all factors relating to said Local Coastal Program Amendment atra Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true ancj/dorrect.
2. That based on the evidence presented at the public hearing and within the
Design Review Board Staff Report/fated September 6, 2007, the City Council
APPROVES LCPA 95-10(A),/which includes amendments to the Village
Master Plan and Design Manual and Carlsbad Municipal Code Chapter 21.35
as shown in the exhibits/attached to this resolution, dated October 16, 2007,
and as recommended for approval by the Design Review Board in
Resolutions 325, 32o and 327 and ADOPTS the Negative Declaration for said
amendments ancf revisions.
3. That the CKy Council finds the proposed amendments to the Local Coastal
Program for the Village Redevelopment segment of the Carlsbad Local
Coastal Zone are necessary to ensure the continued success of revitalization
efforts, /through the elimination of blight and economic development activities,
within/the Village Redevelopment Project Area of the City of Carlsbad.
4. Ahat the City Council finds that the proposed amendments to the Local
Joastal Program provides for the maintenance of public access to local
coastal resources and will have no negative impact on these resources.
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5. That the proposed amendments are consistent with the Carlsbad General
Plan and the Carlsbad Village Redevelopment Plan/L0cal Coastal Program
Land Use Plan.
6. That 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.
7. That the Negative Declaration^reflects the independent judgment of the
City Council of the City of
8. That based on the EIA7 Part II and comments thereon, there is no
substantial evidence the project will have a significant effect on the
environment.
/ JointPASSED, APPROVED AND ADOPTED at aASpecial Meeting of the City Council
and Housing and Redevelopment conmission
A of the City of Carlsbad on the 6tb day of November ,
2007, by the following vot^, to wit:
AYES: Council Members Lewis, Kulcbin and Nygaard.
NOES: None.
ABSENT: Counci/ Members Hall and Packard.
ATTEST:
M. WOdD] City Clerk
SEE AGENDA BILL #19,233 dated 11-20-07
C 3i
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banners on public property within the Village Redevelopment Area; and
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CITY COUNCIL RESOLUTION NO.2QQ7-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO CITY COUNCIL POLICY
NO. 65 - SIGNS ON PUBLIC PROPERTY FOR CONSISTENCY WITH
THE VILLAGE MASTER PLAN AND DESIGN MANUAL AND TO
ALLOW CITY AND REDEVELOPMENT AGENCY MESSAGE BANNERS
ON PUBLIC LAMP POSTS IN THE VILLAGE AREA, WITHIN THE CITY
OF CARLSBAD. /
CASE NAME: AMENDMENTS TO CITY COUNCILPOLICY NO. 65
WHEREAS, on October 23, 2001, the City Council adopted a policy to address
issues related to signs on public property; and
WHEREAS, the Carlsbad Redevelopment Agency has requested that the City
Council consider amendments to City Council Ppficy No. 65 to ensure consistency with
the Village Master Plan and Design Manual, specifically on permits for A-Frame signs in
the public right of way, and also to add a policy statement related to the display of
WHEREAS, the Design Review/Board did on the 6th day of September 2007 hold
a duly noticed public hearing to consider said request and has recommended approval
of the proposed revisions to City Council Policy No. 65 - Signs on Public Property; and
WHEREAS, the City Co/ncil did on the 16m day of October, 2007 hold a duly
noticed public hearing to consider said request from the Carlsbad Redevelopment
Agency and the recommendation of the Design Review Board; and
WHEREAS, at sara public hearing, upon hearing and considering all testimony
and arguments, if any/of all persons desiring to be heard, analyzing the information
submitted by staff, aria considering any written comments received, the City Council
considered all factors relating to the City Council Policy No. 65 Amendment.
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
as follows:
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a) T^at the foregoing recitations are true and correct.
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That based on the evidence presented at the public hearing and set forth in the
Design Review Board Staff Report dated September 6, 2007, the Council hereby
APPROVES the amendments to City Council Policy No. 65 - Signs on Public
24 Property.
25 ////
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PASSED, APPROVED AND ADOPTED at a^pecial Meeting of the City Council
and Housing and Redevelopment Commission
/v of the City of Carlsbad on the 6th day of November, 2007, by the following vote towit:
AYES:
NOES:
Council Members Lewis, Kulchin and Nygaard
None.
_AB$ENT: Hall and Packard.
LORRAINE M. WOOD; Cjty Clerk
(SEAL) ^ ^ jSfe*&>'g',,£&<**yZ;fy-C <<. / l-ii. '• v-
City of Carlsbad
Village Redevelopment
Project Area
600 0 600 1200 Feet
/cargis2/products/redevdb/r96.00/villredevpcl 02/28/01
DESIGN REVIEW BOARD REPORT & RESOLUTIONS
DATED SEPTEMBER 6, 2007
City of Carlsbad Housing and Redevelopment Department
A REPORT TO THE DESIGN REVIEW
BOARD
Application Complete Date: Staff: Debbie Fountain
N/A
Environmental Review:
Negative Declaration
ITEM NO. 1
DATE: September 6, 2007
SUBJECT: LCPA 95-10(a)/ZCA 95-10(a) - Request for approval of revisions to the Village
Master Plan and Design Manual and City Council Policy No. 65 - Signs on Public
Property, and amendments to Carlsbad Municipal Code Chapter 21.35 to clarify
and/or revise policies for consistency and/or to revise one or more development
standards set forth within the Manual.
I. RECOMMENDATION
That the Design Review Board ADOPT Design Review Board Resolution Nos.324, 325, 326
and 327 recommending Housing and Redevelopment Commission and/or City Council
approval of the Negative Declaration and amendments to the Village Master Plan and Design
Manual, as well as revisions to City Council Policy No. 65 - Signs on Public Property, and a
Local Coastal Program Amendment to clarify and/or revise policies for consistency and/or to
revise one or more development standards, and AMEND Carlsbad Municipal Code Title 21,
Chapter 21.35 to correct inconsistencies between the existing Ordinance and the Village
Master Plan and Design Manual as originally approved and amended by the Housing and
Redevelopment Commission.
II. PROJECT DESCRIPTION AND BACKGROUND
On November 21, 1995, the Housing and Redevelopment Commission took action to approve
the Village Master Plan and Design Manual and the Housing and Redevelopment Commission
Policies and Procedures Manual. At the same time, the City Council approved the implementing
ordinance(s). The new documents together with the revised ordinances and the existing
Carlsbad Redevelopment Plan represent the Local Coastal Program for the Village Area. On
January 12, 1996, these documents became effective for all areas of the Village which are
located outside the Coastal Zone. Following Coastal Commission approval on September 15,
1996, the documents became fully effective for all properties within the Village and also located
within the Coastal Zone.
In implementing the Village Master Plan and Design Manual, staff has discovered that some of
the approved policies and/or standards are incorrectly stated or inconsistent among the various
implementing documents. In addition, on March 26, 2006, the Housing and Redevelopment
Commission approved a Resolution of Intention (ROI) to amend one or more development
standards set forth within the Village Master Plan and Design Manual. This report has been
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 2
prepared to provide the Design Review Board with a summary and review of the issues to be
addressed as part of the proposed amendments/revisions to the Village Master Plan and
related Municipal Codes ordinance provisions.
III. VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS
The revisions proposed to the Village Master Plan and Design Manual in order to correct or
clarify implementing policies are generally identified below. The details of the actual language
for the revisions to be made within the Manual are noted in the attached exhibits. The following
represents a summary of the recommended revisions:
Revision No. 1: Delete references in the Village Master Plan and Design Manual to
compliance with the City's Planned Development Ordinance. Carlsbad Municipal Code
Chapter 21.45 for residential units proposed for separate ownership within the Village
Area.
Initially, reference was made within the Village Master Plan and Design Manual to compliance
with the City's Planned Development (PD) Ordinance, Carlsbad Municipal Code Chapter 21.45,
applicable to prevent duplication of regulations related to the creation of residential units that
are to be made available for separate ownership. However, in the attempt to apply the planned
development standards to projects within the Village, staff has learned that many of the PD
standards are inconsistent with the desired goals and objectives for the area.
Because the Village Area has an approved Master Plan which sets forth specific design
guidelines and development standards for projects within its boundaries, it conflicts with the PD
Ordinance in many areas. The following examples identify a few of the inconsistencies:
A) The PD Ordinance has architectural requirements. The Village Master Plan and
Design Manual sets forth its own design criteria and architectural guidelines.
B) The PD Ordinance has a limit on number of stories for a planned development. The
Village Master Plan and Design Manual does not limit the number of stories. It simply
sets a height limit.
C) Per the PD Ordinance, developments fronting on an arterial road must maintain a
minimum of a 20 to 50 foot setbacks depending upon the type of street (e.g..prime,
major, or secondary arterial) upon which the project is located. In the Village Area,
setback standards are set forth within a range and vary by district (0-20 feet,
maximum). In some areas of the Village, a reduced setback is more desirable to
encourage interaction between the residents of the housing units and the
neighborhood pedestrians. A building's orientation to the street and/or public
sidewalks is more desirable in the Village Area.
The Village Area in its entirety represents one "neighborhood residential/commercial
community" within the larger community of Carlsbad. Therefore, it is important that all of the
residential units within the area be developed to interact with the Village community. The
reference to compliance with the city-wide PD Ordinance creates inconsistencies which are
often difficult to resolve as projects are proposed and required to comply with the Village Master
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 3
Plan and Design Manual.
Staff is recommending that references to compliance with the city-wide PD Ordinance, Carlsbad
Municipal Code Chapter 21.45, be deleted from the Village Master Plan and Design Manual.
These city-wide standards will no longer apply to projects within the Village Area. All projects
within the Village, including all residential units and mixed use projects (i.e, commercial and
residential), will be subject to the general design guidelines and the development standards set
forth in the Village Master Plan and Design Manual as applicable to the land use district within
which the proposed project is located. Residential ownership or mixed use projects with
ownership residential in the Village Area will still be required to obtain tentative tract map and
final map approvals as set forth in the State Subdivision Map Act and adhere to Title 20 of the
Carlsbad Municipal Code. A tentative tract map shall be required to be filed along with the
application for the appropriate redevelopment permit. In addition to the applicable standards
noted within each land use district, all residential units or mixed use projects which are intended
to have residential units which are sold for separate ownership will be subject to the following
additional new requirements in the Village Area:
> The storage of large recreational vehicles, such as motor homes, travel trailers, or boats,
will not be allowed within the residential or mixed use project. These vehicles must be
stored off-site and off-street at all times and within an approved storage facility. The
storage of small recreational vehicles, such as canoes or a jet ski, may be permitted on
site if the vehicles are stored within an area which is screened from adjacent residences
and public rights-of-way by either a view-obscuring wall or landscaping.
> Parking garages shall be designed such that they are visually subordinate to the
residential structure or mixed use project. Whenever possible, entrances to individual
garages or parking stalls shall be located off a rear alley or within an enclosed parking
structure.
Staff is recommending that these standards be added to the Universal Standards section of the
Village Master Plan and Design Manual.
Revision No. 2: Delete Village Master Plan and Design Manual requirement to obtain a
variance if a project exceeds the maximum of the range for a setback.
Currently, the Village Master Plan and Design Manual states that a variance is required if a
proposed project exceeds the maximum of, or is below the minimum of, the standard range for
front, side or rear yard setbacks. An inadvertent error was made in the language within the
Village Master Plan and Design Manual which requires the granting of a variance when a
setback will exceed the range. Because the top of the range is considered the desired
standard, it is not appropriate to require a variance for a setback which exceeds that desired
standard.
For example, in Land Use District 5, the maximum of the standard range for the rear setback is
10 feet. In this land use district, it is also desirable to have parking in the rear of any building.
To design a project with parking in the rear, it will be necessary to exceed the standard range
for the rear setback. An applicant should not be penalized for providing parking in the rear of
the property and subsequently exceeding the standard range. Staff is recommending that the
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 4
language within the Manual be revised to require a variance for setbacks which are below the
minimum of the standard range only. A variance would not be required if the building setback
exceeds the standard range.
Revision No. 3: Amend the Village Master Plan and Design Manual to reflect that
administrative variances can be approved by the Housing and Redevelopment Director
for projects within the Village Redevelopment Area and all other variances must be
approved by either the Design Review Board or the Housing and Redevelopment
Commission.
The Village Master Plan and Design Manual combines all variances into one category. There
are, however, some variances which are considered administrative and should be approved by
the Housing and Redevelopment Director. Variances, which may be granted by the Planning
Director are set forth within Section 21.51.020 of the Carlsbad Municipal Code, and should
likewise be approved administratively by the Housing and Redevelopment Director within the
Village Area. All non-administrative variances require approval by the Design Review Board
and/or Housing and Redevelopment Commission.
Administrative variances are appropriately referenced within Chapter 21.35.130(d) of the
Carlsbad Municipal Code. However, the appropriate reference was not made in the description
of permit types set forth within the Village Master Plan and Design Manual. To maintain
consistency between the two documents, a revision to the Village Master Plan and Design
Manual is required.
Revision No. 4: Amend the Village Master Plan and Design Manual to exempt demolition
of structures both inside and outside the Coastal Zone within the Village Area, except
those which have the potential to impact coastal resources and/or public access to the
coast, from all redevelopment permit requirements.
According to past practices, the demolition of structures within the Village Redevelopment Area
has not required any type of redevelopment permit. Demolition of structures typically requires a
building permit only. However, because the definition of "development" often includes the
demolition of structures and this type of "development" is not specifically addressed within the
Village Master Plan and Design Manual or the implementing ordinance (Chapter 21.35), staff
believes that revisions to the Manual and Ordinance should be approved to indicate the type of
permit, if any, required for the demolition of structures.
The demolition of structures within the Village Area is generally related to 1) a redevelopment
permit (administrative, minor or major) and/or coastal development permit which will result in
new construction of a building or other structure, and/or 2) the removal of illegal structures. If a
structure was not permitted and is required to be removed, it would not be appropriate to then
require a redevelopment/coastal development permit to demolish the building. Additionally,
removal of a building typically does not have any detrimental impact on the area because it
reduces the intensity of land use (in that the site would then have no building on it) and often
corrects a blighting condition within the Village. Unfortunately, these conditions have not been
specifically addressed within the Village Master Plan and Design Manual. This oversight might
result in future controversy if not addressed at this time.
Staff is recommending that the Village Master Plan and Design Manual be revised to provide
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MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGES
that the demolition of structures is an exempt activity for redevelopment and coastal
development permit purposes, unless the demolition activity has the potential to create an
adverse impact on coastal resources or public access to the coast which then will trigger a
coastal development permit and redevelopment permit. If staff determines that the proposed
demolition activity has the potential to adversely impact coastal resources or public access to
the coast, the activity will require approval of an administrative redevelopment and coastal
development permit. Otherwise, no redevelopment or coastal development permit will be
required. The property owner will simply be required to obtain a building permit to demolish a
building.
Revision No. 5: Amend the Village Master Plan and Design Manual to clarify signage
regulations, to define roof top signs, and to allow pole signs under limited
circumstances.
Clarifications are required to the language within the Signage Section of the Village Master Plan
for consistency and accuracy. For example, freestanding signs are permitted on both private
and public property as set forth within the Village Master Plan and Design Manual. However,
the list of permitted signs noted on Page 143 of the Village Master Plan and Design Manual
identify only sidewalk signs on public property as a permitted sign type. Therefore, staff is
recommending a revision to the permitted sign list to include freestanding signs on both private
and public property. Staff is also recommending a clarification in the definition of roof sign
(which is a prohibited sign type), and the addition of definition of pole signs, with related
standards, as a permitted sign type under limited circumstances.
Revision No. 6: Amend the Village Master Plan and Design Manual to add language
related to consistency determinations for permitting purposes.
In the Village Area, design of buildings is very important and there is an expectation that the
design shall be implemented as approved through all project construction. In other words, there
is an expectation that upon completion of the new construction the project will be substantially
consistent with the design approved by the appropriate decision-making authority. A
considerable amount of time is spent by Staff, the Design Review Board and the Housing and
Redevelopment Commission reviewing plans and making findings that new construction
projects in the Village Redevelopment Area meet the appropriate development standards and
design guidelines before approval is given to proceed to the next stage (building permit).
However, because applicants do not prepare detailed construction drawings to obtain approval
of their land use permits, there have been situations over the years where some design
modifications have been required for a given project for compliance with building or fire code
requirements. The Village Master Plan and Design Manual currently does not include guidelines
or standards for processing requests for design modifications, or for making design consistency
determinations, for new construction projects. Therefore, staff is proposing to include criteria
within the Village Master Plan and Design Manual which must be met in order for a consistency
determination to be made and the process to be followed to approve such finding, or to amend
a redevelopment permit to make required design modifications.
Proposed Consistency Determination Criteria:
The Housing and Redevelopment Director may at an administrative level make a consistency
determination for a project if ajl of the following criteria are met:
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1. The modified project design is comparable in character, scale, architectural detail and/or
other design features to the original project design, or represents an upgrade in overall
design features and/or materials from those originally approved. The modifications must
not be readily discernible to the decision makers as being substantially different from the
project as originally approved. The original architectural detail or the design features
may be enhanced as long as the character, scale, or theme of the design remains
consistent with the original approval.
2. No project condition, feature, facility or amenity is changed or deleted that had been
considered essential to the project's design, quality, safety or function by the Housing
and Redevelopment Director, Design Review Board and/or Housing and Redevelopment
Commission.
3. The modified project complies with all applicable development standards, or does not
exceed the variances in standards as originally approved by the final decision maker.
4. The modified project does not increase the density or intensity of the development. A
decrease in the density or intensity of development can be considered an acceptable
change for consistency determination purposes, at the discretion of the Housing and
Redevelopment Director
5. The proposed modification does not involve the addition of a new land use which was
not shown on the original permit.
6. The proposed change will not result in any significant adverse environmental impact,
and/or require any additional mitigation.
7. The proposed change will not result in any detrimental health, safety or welfare impacts.
8. There were not any major issues or controversies at the public hearing associated with
the original project which would be exacerbated with the proposed project modification.
To request a consistency determination finding, the applicant shall be required to submit an
application to the Housing and Redevelopment Director. If the consistency determination can
be made by the Director, the applicant shall receive a letter approving the design modifications
and providing authorization to proceed. If the consistency determination can't be made, the
applicant shall receive a letter denying the request and providing instructions as to how to
proceed with an application for an amendment of the minor or major redevelopment permit to
allow for the design modifications.
If the Housing and Redevelopment Director is not able to administratively make a consistency
determination, then the applicant will be required to process an amendment to his/her
redevelopment permit which shall be processed as follows:
1. If the original permit was a major redevelopment permit (Housing and Redevelopment
Commission approval) and the applicant is proposing a design change only and there
are no other changes in land use, intensity of development, etc, the applicant shall
submit an application for a major redevelopment permit amendment with the
appropriate exhibits. The application and exhibits together with a staff report and
recommendation will be forwarded directly to the Housing and Redevelopment
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SEPTEMBER 6, 2007
PAGE?
Commission for a public hearing and final action. A recommendation will not be required
from the Design Review Board. All applicable fees shall be paid and the appropriate
public hearing notices shall be provided for the permit amendment.
2. If the original permit was a major redevelopment permit (Housing and Redevelopment
Commission approval) and the applicant is proposing a project design change which
results in changes to land use, increased density or increased intensity of development,
etc., the applicant shall submit an application for a major redevelopment permit
amendment with the appropriate exhibits. The application and exhibits together with a
staff report and recommendation will be forwarded to the Design Review Board for a
recommendation and then forwarded onto the Housing and Redevelopment
Commission for final action. All appropriate public hearing notices shall be provided for
the permit amendment.
3. If the original permit was a minor redevelopment permit, design changes as well as
other changes in land use, intensity of development shall be submitted to the Design
Review Board for consideration. The applicant shall submit an application for a minor
redevelopment permit amendment with the appropriate exhibits. The application and
exhibits together with a staff report and recommendation will be forwarded to the Design
Review Board for final action. All applicable fees shall be paid and the appropriate
public hearing notices shall be provided for the permit amendment. The Design Review
Board decision is appealable to the Housing and Redevelopment Commission.
If the subject property is located within the Coastal Zone, the Coastal Commission shall be
appropriately notified of all decisions regarding a consistency determination and/or
amendments to a minor or major redevelopment permit.
Revision No.7 : Amend Village Master Plan and Design Manual to prohibit use of
temporary structures or storage containers for ongoing operations of a business in the
Village Area.
Temporary structures and outdoor storage containers have not been permitted in the Village
Area, unless they are used in conjunction with construction or repair to an existing or previously
existing building. For example, a dormitory at the Army Navy Academy received significant
damage due to a fire a few years ago. Temporary use of office trailers was allowed while the
Army Navy Academy processed the appropriate permits to build a new dormitory. The
temporary structures in this case have a limited life and must be removed as soon as the new
dormitory receives its Certificate of Occupancy. Similar situations have also occurred where
storage containers have been allowed to be placed on private property to address storage
needs due to new construction or rehabilitiation of an existing building.
Although it has been the general rule that temporary structures and outdoor storage containers
are not permitted for ongoing operations or storage on a site, the Village Master Plan and
Design Manual does not address this issue. Therefore, staff is proposing that temporary
structures and outdoor storage containers be prohibited, unless used in conjunction with new
construction or rehabilitation of a building in the Village Area. If a temporary building is
permitted, for storage or other purposes, as related to an approved development project, it will
be allowed only until the new development receives approval for occupancy.
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PAGES
Revision No. 8 : Amend Village Master Plan and Design Manual to set forth a policy for
processing extensions to Redevelopment Permits.
Under existing practice, a request for an extension of a redevelopment permit to allow for
additional time to obtain building permits for a project is typically forwarded directly to the body
which provided the final approval of the project. For example, the Housing and Redevelopment
Commission provides all final approvals for Major Redevelopment Permits. Therefore, in the
past, requests for an extension of a Major Redevelopment Permit have been forwarded directly
to the Commission for consideration. A recommendation from the Design Review Board was
not obtained prior to Commission action. Although this process as been the standard practice, it
has not been formally adopted as a policy within the Village Master Plan and Design Manual.
Staff is recommending that this process for consideration of permit extensions be formalized
within the Village Master Plan and Design Manual to clearly state the authority for granting
extensions.
Revision No. 9 : Amend Village Master Plan and Design Manual to revise the identified
development standards.
Attached as Exhibit No. 8 is a summary of the current development standards as set forth within
the Village Master Plan and Design Manual as well as the new revised/proposed standards.
The standards for revision are also briefly summarized below.
1. Setbacks in Land Use Districts 1, 2, 3 & 4 revised to require no front, rear or side
setback, but require a ten foot (10') average front setback for all floors above the first
floor. There are no changes to the setback requirements in Districts 5 through 9.
2. Open Space requirement to remain at 20% in all land use districts, but written clarification
that the open space can be provided in public and/or private areas.
3. Building Coverage in Land Use Districts 1, 2, 3 & 4 will be allowed up to 100% (no range).
The building coverage requirements will remain the same for Districts 5 through 9.
4. Roof pitch requirement for all Land Use Districts will be eliminated ; roof pitch will be
encouraged through design but not a required development standard.
5. Building Height permitted to 45 feet maximum in Land Use Districts 1, 2, 3, 4 and 9. All
other Districts will remain at current permitted heights. No requirement to build over
parking to obtain maximum height of 45 feet in Districts 1, 2, 3, 4 and 9.
6. A maximum density of 45 dwelling units per acre shall be permitted in Land Use Districts
1, 2, 3 & 4 for any development which includes residential The maximum density for
developments which include residential within Districts 5 through 9 shall be 23 dwelling
units per acre. The minimum density for development that includes residential within all
Districts shall be 15 dwelling units per acre.
7. Tandem parking will be permitted for residential in all Land Use Districts of the Village
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PAGE 9
Area. Tandem parking provides for one vehicle to be parked behind another.
8. Parking space credit will be given for commercial square footage of any existing
commercial building on a site when a new larger commercial building is constructed on
the site and/or an existing commercial building is expanded. The new development will
receive a reduction in parking equal to the commercial parking calculated for the existing
building in all Land Use Districts of the Village Area. The applicable parking space credit
will be based on the use of the building at the time the Master Plan and Design Manual
amendments are approved to allow this credit. For example, if an existing 1,000 square
foot commercial building on a site is used for retail purposes as of 2007, the developer
will receive credit .for three parking spaces (1 parking space for every 300 square feet of
retail space) towards the parking calculation for any new or expanded commercial
building. This credit will be provided regardless of whether or not there are currently any
parking spaces located on the site of the existing commercial building. Residential must
provide its parking on site. Therefore, there will be no credit given for existing residential
units on a site.
9. Development in the Village Area may receive up to a 15% reduction in the number of
required parking spaces for implementation of programs that support the use of public
transporation and/or alternative vehicles and are located within 1500 feet of public transit
such as a bus stop, train station or trolley stop.
10. Parking In-Lieu Fee Program to remain available to all development east of railroad
tracks.
11. Parking will be calculated according to net square footage of floor space rather than
gross square footage of floor space. Net square footage means that area which remains
after the square footage of spaces that do not generate parking demand are removed
from the calculation of total square footage of floor space of a building. Spaces which do
not generate parking demand include, but are not limited to, restrooms, stairwells,
elevators, walkways, and similar space.
12. Development will be allowed to use creative parking alternatives such as parking lifts
and/or elevators on a case-by-case basis, with facility approval by Fire Chief and Public
Works Director.
13. A development standard shall be added to all Land Use Districts which limits the height
of property line walls/fences (including combination retaining wall and fences) to a
maximum of 6 feet unless a taller wall or fence is approved by the appropriate decision
making body. To exceed the wall height of 6 feet, the decision making body must find 1)
that the purpose for the additional wall height is to enhance adjacent neighbor privacy
and/or to provide for noise attenuation, 2) is requested by the adjacent neighbor and/or
determined by the decision making body to be in the best interest of the adjacent
neighbor, and 3) the wall or fence is attractively designed and/or decorated. Decorative
wall features may extend no more than 6 inches above the maximum height of the wall.
Wall height shall be measured from the lowest side of the finished grade to the top of
the wall.
14. Development Standard Modifications and/or residential density increases above the
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SEPTEMBER 6, 2007
PAGE 10
maximums may be permitted in all Land Use Districts of the Village for developments
where the applicant can provide acceptable evidence that the requested development
standard modification(s) and/or residential density increase(s) is (are) necessary in
order for the development to qualify for Silver level or higher LEED (Leadership in
Energy & Environmental Design) Certification, or a comparable green building rating,
while maintaining the economic feasibility of a development. Development Standard
Modifications may also be permitted if the applicant can provide evidence that
application of the development standards will preclude the construction of a residential
development at densities at or above the minimum set for the applicable Land Use
District.
Revision No. 10 - Amend language in the Village Master Plan and Design Manual to
permit property within the Transportation Corridor of the Village Area to develop with
residential, commercial and other uses that are consistent with the land uses allowed on
adjacent properties in Land Use Districts 1. 4 and 6.
When the Village Master Plan and Design Manual was initially reviewed by the California
Coastal Commission, the Commission was not willing to approve land uses in the transportation
corridor of the Village Area that were not related to transit facilities. In other words, the uses
permitted to date in the transportation corridor are such uses as light-rail transmission facilities
and stations, public parking lots, railroad tracks, etc. No commercial, residential or similar types
of land uses were to be permitted until a Master Plan was developed for the transportation
corridor, and the Coastal Commission approved the related amendments to allow for this type
of development. North County Transit District (NCTD) has recently completed a land use study
and the findings indicate that adequate accommodation can be made for transit facilities, while
also allowing for commercial, residential and/or other similar development in the Transportation
Corridor. At the time, this accommodation for transit facilities was the primary concern for the
Coastal Commission. With assurances that transit facilities can be accommodated together with
other development, it is anticipated that the Coastal Commission will now support the revisions
to the Village Master Plan and Design Manual to allow for permitted, provisional and accessory
land uses allowed within Land Use Districts 1, 4, and 6 of the Village Area to also be allowed in
the portions of the Transportation Corridor located within those Districts with the appropriate
land use permits.
Staff is recommending that the language within the Village Master Plan and Design Manual be
revised to allow transportation corridor properties to be developed in the same manner as
adjacent properties (within the same land use district) and according to the regulations set forth
within the appropriate land use district. NCTD has requested and supports this amendment as
the property owner of all property located within the transportation corridor.
Revision No. 11 - Amend definitions in the Village Master Plan and Design Manual to
clarify the appropriate land use conditions for restaurant, restaurant with entertainment,
bar/cocktail lounge, and bar/cocktail lounge with entertainment or night club.
During the past couple of years, the Village has begun to experience higher crime levels which
are directly related to the abuse of alcohol. Per the Carlsbad Police Department, the increase in
alcohol-related crimes appeared to increase significantly at the point where the drinking
establishments added music together with dancing to their restaurant venues. This has
occurred, for many of the establishments, within the last 2 to 3 years. In the efforts to address
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 11
this issue, it became evident that enforcement of land use regulations is important for the
various type of establishments associated with entertainment and alcohol sales. To
appropriately enforce the related land use regulations, it is necessary to provide better and/or
updated definitions of restaurant, restaurant with entertainment, bar/cocktail lounge, and
bar/cocktail lounge with entertainment or night club. These revised and/or new definitions are
set forth as amendments to the Village Master Plan and Design Manual.
IV. CHAPTER 21.35 - VILLAGE REDEVELOPMENT ZONE
In addition to the above-noted modifications to the Village Master Plan and Design Manual,
some revisions are required to the implementing ordinance, Chapter 21.35 of the Carlsbad
Municipal Code, to eliminate inconsistencies or process revisions. The modifications proposed
to the implementing ordinance are identified generally below.
Ordinance Revision No. 1: Revise the language in Carlsbad Municipal Code Chapter
21.35 on description of an "administrative redevelopment project/permit" to be
consistent with language within the Village Master Plan and Design Manual.
Per the Village Master Plan and Design Manual, administrative permits are required for new
construction of buildings or additions which have a building permit valuation of $60,000 or less.
They are also required for all interior or exterior improvements which result in an increase in the
intensity of use, regardless of building permit valuation of those improvements. There is an
inconsistency in the permit requirements between the regulating documents. A revision is
required within the ordinance language (Carlsbad Municipal Code Chapter 21.35) to relate the
$60,000 building permit valuation to new construction only and not to rehabilitation or interior or
exterior improvements. The valuation was not intended to be applied to interior or exterior
improvements. The proposed revision will correct the inconsistency.
In developing the Village Master Plan and Design Manual, the goal was to simplify and/or
streamline the land use review process and "push down" decisions on select types of land use
actions to a lower level (i.e., Director Approval). The administrative redevelopment permit was
created to accomplish the subject goal. The administrative redevelopment permit is approved
by the Housing and Redevelopment Director. It is not subject to a public hearing unless the
Director's decision is appealed. The intent was that public hearings before the Design Review
Board and/or Housing and Redevelopment Commission would be required only for projects
which resulted in significant new construction (or, construction exceeding $60,000 in building
permit valuation) and/or required a non-administrative variance. All other land use actions could
be approved by the Housing and Redevelopment Director, including interior or exterior
improvements of any value.
To correct the discrepancy or inconsistency, Chapter 21.35, Section 21.35.080(1) of the
Carlsbad Municipal Code must be revised to reflect the description of permit types noted within
the Village Master Plan and Design Manual.
Ordinance Revision No. 2: Revise Carlsbad Municipal Code Chapter 21.35 to exempt
demolition of structures both inside and outside the Coastal Zone of the Village Area
from all redevelopment permit requirements, except for those which have the potential
to impact coastal resources and/or public access to the coast.
3-7
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PAGE 12
The discussion on this proposed revision to Chapter 21.35 of the Carlsbad Municipal Code to
include demolition of structures as an exempt activity is set forth in #4 above under revisions to
the Village Master Plan and Design Manual. A revision will allow for the demolition of structures
to be categorized as an exempt activity within the ordinance, unless the demolition activity has
the potential to have an adverse impact on coastal resources and/or access to the coast. In
cases where the demolition activity may have an adverse impact on coastal resources and/or
access to the coast, an administrative redevelopment and coastal development permit shall be
required. The proposed revisions are noted within the attached legislative draft. No revisions
are required to Carlsbad Municipal Code Chapter 21.81 which addresses coastal development
permits for the Village Area.
Ordinance Revision No. 3: Revise Carlsbad Municipal Code Chapter 21.35 to state that
the Design Review Board's duties are to take action on all non-administrative permits or
projects and make recommendations on all ordinances or official policies relating to
development or other activities within the Village Area.
In approving the Village Master Plan and Design Manual and implementing ordinances, the
intent was to develop policy which would clearly indicate that the Design Review Board has the
same roles and responsibilities as the Planning Commission for all projects and other activities
within the boundaries of the Village Area. The goal was to have only the Design Review Board
take action on permits or projects, or other activities, which are specifically related to the Village
Area. Unfortunately, the language ultimately included within the implementing ordinances is not
clear on this matter and has been the subject of debate among various staff members.
Therefore, at this time, staff recommends revisions to Carlsbad Municipal Code Chapter 21.35
for clarification purposes.
Staff is recommending that revisions be made to Carlsbad Municipal Code Section 21.35.100 to
clearly indicate that the Design Review Board is the planning body for the Village Area and as
such will hold a public hearing and take action on all non-administrative permits, projects and
other activities for, or within, the Village Area. The Board will also take action on revisions to the
Carlsbad Municipal Code or other policy documents for activities specifically related to the
Village Area. Chapters 21.35 and 21.81 of the Carlsbad Municipal Code specifically relate to
activities within the Village Area. With this clarifying language, it would be clear that the Design
Review Board is the only body which will need to review revisions to these chapters (21.35 and
21.81) of the Code and make a recommendation to the Housing and Redevelopment
Commission and/or City Council as appropriate to approve policy revisions. The Design Review
Board's authority extends to matters related to the Village Area and/or Carlsbad Municipal Code
Chapters 21.35 and 21.81 only.
Ordinance Revision No. 4: Add language to Carlsbad Municipal Code Chapter 21.35
which sets forth the process for appeals of the Housing and Redevelopment Director's
decision to the Design Review Board
For clarification purposes, staff is recommending that language be added to Carlsbad Municipal
Code Chapter 21.35 which sets forth the process to be followed for appeals of a Housing and
Redevelopment Director's decision or determination. Currently, the same process used to
appeal Planning Director's decisions or determinations to the Planning Commission is used for
appeal of a Housing and Redevelopment Director's decision to the Design Review Board. This
process is currently set forth within Section 21.54.140 of the Carlsbad Municipal Code.
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 13
Since staff is proposing modifications to Carlsbad Municipal Code Chapter 21.35, we believe
this is an appropriate time to also add the subject appeal language to this Chapter. The
modifications will allow for specific references to the Housing and Redevelopment Director's
decision and appeal to the Design Review Board. It will also provide for consistency between
the Municipal Code and the Village Master Plan and Design Manual.
Ordinance Revision No. 5: Add language to Carlsbad Municipal Code Chapter 21.35
which sets forth the process for granting extensions to Redevelopment Permits.
Currently, Carlsbad Municipal Code Chapter 21.35 does not include information as to how a
request for an extension of a Redevelopment Permit should be processed. Staff is
recommending that Carlsbad Municipal Code Chapter 21.35 be amended to add language
which will set forth the process for requesting and granting an extension to a Redevelopment
Permit as set forth in #8 above under revisions to the Village Master Plan and Design Manual.
V. CITY COUNCIL POLICY NO. 65 - SIGNS ON PUBLIC PROPERTY
On October 23, 2001, the City Council adopted a policy to address issues related to "Signs on
Public Property". Specifically, the policy includes standards for A-Frame signs in the Carlsbad
Village Area (Section 7) and discusses uses of public land for the display of banners in the
Village Area (Section 11). The policy includes some inconsistencies with regulations set forth
within the Village Master Plan and Design Manual for A-Frame signs which staff would like to
address and revise at this time. Staff is also recommending additional policy language related
to the use of public property for the display of banners in the Village Area. At this time, staff is
recommending that the Design Review Board recommend approval of revisions to City Council
Policy No. 65 - Signs on Public Property to ensure consistency with the Village Master Plan
and Design Manual, specifically on permits for A-Frame signs and also to add a policy
statement related to the display of banners on public property within the Village Area.
Policy Revision No. 1: Revisions to City Council Policy No. 65 to modify the standards
within the policy to be consistent with the standards set forth within the Village Master
Plan and Design Manual.
For consistency purposes, Staff is recommending that Section Seven of City Council Policy No.
65 be revised to mirror the language on physical standards from the Village Master Plan and
Design Manual tor A-Frame signs.
Policy Revision No. 2: Revisions to City Council Policy No. 65 to add language to guide
the display of banners within the public right-of-way within the Village Redevelopment
Area only.
Staff proposes to add language to Section Eleven of City Council Policy No. 65 which would
clarify that city-owned lamp posts are reserved for the exclusive use of the City and the
Redevelopment Agency to display its own messages and images. The banner program is not to
be used for commercial advertisement for any individual business or private, non-city
organization. Display of banners will be for the advertisement of events and/or programs which
are officially sponsored or co-sponsored and financially supported by the Carlsbad
Redevelopment Agency and/or the City of Carlsbad only.
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PAGE 14
VI. LOCAL COASTAL PROGRAM
The Village Master Plan and Design Manual and Village Project Area Redevelopment Plan
together with Chapters 21.35 and 21.81 of the Carlsbad Municipal Code represent the Local
Coastal Program (LCP) for the Village Redevelopment Area. Because some of the proposed
amendments will apply within the Village portion of the City's Coastal Zone and the Village
Master Plan and Design Manual and implementing policies are being amended, a Local Coastal
Program Amendment is also being processed at this time.
The proposed revisions to the Village Master Plan and Design Manual and Chapter 21.35 of the
Carlsbad Municipal Code will not adversely impact coastal resources, obstruct coastal views or
otherwise damage the visual beauty of the coastal zone and are therefore consistent with Local
Coastal Program policies. No permanent construction or development is involved with the
proposed amendment. In addition, all projects processed pursuant to these revised standards
that also require a Coastal Development Permit shall be required to comply with all applicable
provisions and policies of the certified Local Coastal Program and shall not result in significant
adverse impacts to coastal resources.
VII. SUMMARY
As noted above, there are a number of changes proposed to the V/7/age Master Plan and
Design Manual, the related implementing ordinance(s), and the Council Policy on Signs in the
Public Right-of-Way. Many of these modifications or revisions are proposed to "clean up" issues
related to implementation of the standards and policies set forth for the Village Redevelopment
Area. In some cases, the issues were raised due to ambiguity in the existing language allowing
for a difference of opinion on interpretation. In other cases, the issues were raised due to
unintended conflicts created by the existing regulations. The remaining revisions relate to a
desire to change one or more of the development standards to enhance and encourage
development/redevelopment of property within the Village in a manner that is consistent with
the vision set forth within the Village Master Plan and Design Manual.
VIII. ENVIRONMENTAL REVIEW
The proposed project has been reviewed for potential adverse environmental impacts pursuant
to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) 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.
Given the environmental analysis, a Notice of Intent to Adopt a Negative Declaration was
posted in the newspaper and mailed to the State Clearinghouse on July 23 2007 for public
review. The submitted letter(s), along with a letter (or letters) of response, are attached to the
staff report as part of the Negative Declaratio
IX. STAFF RECOMMENDATIONS & PUBLIC COMMENTS
The recommended modifications result in changes to the Village Master Plan and Design
Manual, City Council Policy No. 65 - Signs on Public Property and a Zone Code Amendment
to Chapter 21.35 of the Carlsbad Municipal Code. Staff is recommending that the Design
Review Board recommend approval of the revisions/modifications to the Village Master Plan
MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A)
SEPTEMBER 6, 2007
PAGE 15
and Design Manual, City Council Policy No. 65 - Signs on Public Property and Chapter 21.35
of the Carlsbad Municipal Code to the Housing and Redevelopment Commission and City
Council.
It is recommended that the revised policies, regulations, guidelines and procedures set forth
within the Village Master Plan and Design Manual be effective 30 days after approval date, in
all areas of the Village, except those areas of the Village which are located in the Coastal Zone.
For properties in the Village Coastal Zone, the revised policies, regulations, guidelines and
procedures will not be effective until approved and certified by the California Coastal
Commission.
On January 25, 2007, several workshops were held to share the revised standards with the
general public and to receive public comments. Interested parties were allowed to continue
providing comments after the workshops. Attached as Exhibit 9 are copies of the written
comments received to date.
EXHIBITS:
1. Design Review Board Resolution No.324 recommending approval of the Negative
Declaration for the Village Master Plan and Design Manual and the amendment to Chapter
21.35 of the Carlsbad Municipal Code.
2. Design Review Board Resolution No.325 recommending approval of revisions required to
the Village Redevelopment Master Plan and Design Manual and City Council Policy No. 65
- Signs on Public Property.
3. Design Review Board Resolution No. 326 recommending approval of the Zone Code
Amendment (ZCA 95-10(a)) for Chapter 21.35 of the Carlsbad Municipal Code.
4. Design Review Board Resolution No. 327 recommending approval of the Local Coastal
Program Amendment (LCPA 95-10(a)).
5. Legislative Draft (Redline & Strikeout) of Proposed Zone Code Amendment (Chapter
21.35).
6. Legislative Drafts (Redline & Strikeout) of modified pages from the Village Master Plan
and Design Manual.
7. Legislative Draft (Redline & Strikout) of Proposed Amendment to City Council Policy No.
65 - Signs on Public Property
8. Summary Chart of current and proposed new development standards.
9. Comment forms and other correspondence regarding the revised development standards.
Exhibit 1
1 DESIGN REVIEW BOARD RESOLUTION NO. 324
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR A ZONE
4 CODE AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT THAT INCORPORATES AMENDMENTS TO
THE VILLAGE MASTER PLAN AND DESIGN MANUAL
6 AND CITY COUNCIL POLICY NO. 65 -SIGNS ON PUBLIC
PROPERTY TO CLARIFY AND/OR REVISE POLICIES
7 PROVIDING FOR CONSISTENCY AND/OR REVISE ONE OR
MORE DEVELOPMENT STANDARDS FOR DEVELOPMENT
8 PROJECTS LOCATED WITHIN THE BOUNDARIES OF THE
VILLAGE AREA, IN THE CITY OF CARLSBAD, TO ASSIST
IN THE CONTINUED FACILITATION OF THE
10 DEVELOPMENT OF HIGH QUALITY REDEVELOPMENT
PROJECTS.
11 CASE NAME: VILLAGE MASTER PLAN AND DESIGN
MANUAL AMENDMENTS
12 CASE NO.: ZCA95-10(A)/LCPA95-10(A)
13
14 WHEREAS, Carlsbad Redevelopment Agency, "Applicant," has filed a verified
application with the City of Carlsbad regarding property within the legal boundaries of the
Village Redevelopment Area ("the Property"); and
17
18 WHEREAS, a Negative Declaration was prepared in conjunction with said
project; and
20 WHEREAS, the Design Review Board did on the 6th day of September, 2007,
21
hold a duly noticed public hearing as prescribed by law to consider said request; and
22
WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, examining the initial study, analyzing the information submitted by staff, and
25 considering any written comments received, the Design Review Board considered all factors
relating to the Negative Declaration.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
2 Board as follows:
3
A) That the foregoing recitations are true and correct.
4
, B) That based on the evidence presented at the public hearing, the Design Review
Board hereby RECOMMENDS ADOPTION of the Negative Declaration,
6 Exhibit "ND," according to Exhibits "NOI" dated July 23,2007, and "PII" dated
June 29, 2007, attached hereto and made a part hereof, based on the following
7 findings:
8 Findings:
9
1. The Design Review Board of the City of Carlsbad does hereby find:
10
a. it has reviewed, analyzed, and considered the Negative Declaration for Village
Master Plan and Design Manual and Zone Code Amendments - ZCA 95-
10(a)/LCPA 95-10(a), analyzing the environmental impacts therein identified for
this project and any comments thereon prior to RECOMMENDING
j 3 APPROVAL of the project; and
14 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 Design Review Board of the City of
17 Carlsbad; and
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DRB RESO NO. 324 -2-
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d. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Design
Review Board for Carlsbad Village Redevelopment Area, held on the 6th day of September,
2007, by the following vote, to wit:
AYES: BAKER, LAWSON, SCHUMACHER AND WHITTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AjJpfONVLAWSON, Chairperson
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNT;
Housing and Redevelopment Director
DRB RESO NO. 324 -3-
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11 WHEREAS, the Village Master Plan and Design Manual and implementing
ordinances are the Local Coastal Plan for the Village Redevelopment Area; and
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Exhibit 2
DESIGN REVIEW BOARD RESOLUTION NO. 325
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF REVISIONS TO THE VILLAGE MASTER
PLAN AND DESIGN MANUAL, LOCAL COASTAL PROGRAM
AMENDMENT AND CITY COUNCIL POLICY NO. 65 - SIGNS ON
PUBLIC PROPERTY.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
CASE NO.: ZCA 95-10(AVLCPA 95-10(A)
WHEREAS, amendments to the Village Master Plan and Design Manual and City
Council Policy No. 65 - Signs on Public Property are desired and necessary to clarify
and/or revise policies for consistency and/or to revise one or more development
standards for development within the boundaries of the Village Redevelopment Zone;
and
WHEREAS, the Carlsbad Redevelopment Agency, on behalf of the City of
Carlsbad, has prepared amendments to Carlsbad Municipal Code Title 21, Chapter
21.35 relating to policies, processes, and procedures set forth within the V-R Village
Redevelopment Zone; and
15
WHEREAS, the proposed zone code amendment (Chapter 21.35) is set forth in
the draft Housing and Redevelopment Commission Ordinance, Exhibit "X," dated July16
13, 2007, and attached to Design Review Board Resolution No. 326; and
WHEREAS, the Design Review Board did on the 6th day of September 2007 hold
a duly noticed public hearing as prescribed by law to consider said request; and
19 WHEREAS, at said public hearings, upon hearing and considering all testimony
20 and arguments, if any, of all persons desiring to be heard, analyzing the information
submitted by staff, and considering any written comments received, the Design Review
21 Board considered all factors relating to the amendments to the Village Master Plan and
Design Manual and City Council Policy No. 65 - Signs on Public Property.
22
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
23
as follows:
a) That the foregoing recitations are true and correct.
b) That based on the evidence presented at the public hearing, the Board hereby
RECOMMENDS APPROVAL of the amendments to the Village Master Plan and Design
Manual and City Council Policy No. 65 - Signs on Public Property ZCA 95-10(a)/LCPA
95-10(a), with the following additional amendment to the Village Master Plan and Design
Manual and based on the following findings:
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11 area.
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Amendment:
Development standards modifications will be considered for projects/development
that have a significant public benefit as determined by the Housing and
Redevelopment Commission or assists the Commission in meeting the goals and
objectives set forth within the Village Master Plan and Design Manual.
Findings:
1. The proposed amendments are consistent with the General Plan in that they
provide implementing policies and strategies to facilitate development in the Village Area
that helps to create a strong identity for the Village, revitalize the area, enhance the
economic potential of the Village and establish specific site development standards.
2. The proposed amendments reflect sound principles of good planning in that
they (a) ensure internal consistency with the procedures and standards for the Village
Redevelopment Zone set forth in Carlsbad Municipal Code Chapter 21.35, (b)
implement the policies and programs of the General Plan, and (c) assist in the facilitation
of high quality development within the Village that is consistent with the Vision for the
3. The proposed amendments will be effective thirty (30) days after approval date,
in all areas of the Village, except those areas of the Village which are located in the
Coastal Zone. For properties in the Coastal Zone, the amendments will not be effective
until approved and certified by the California Coastal Commission.
15
Review Board of the City of Carlsbad, California, held on the 6th day of September,
PASSED, APPROVED.AND ADOPTED at a special meeting of the Design
16
2007,
by the following vote, to wit:
AYES: BAKER, LAWSON, SCHUMACHER AND WHITTON
NOES: NONE
ABSENT: NONE
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DESIGI/REVIEW BOARD
25 "
ANTHON/ LAWSON, Chairperson
DEBBIE FOUNTAIN
Housing and Redevelopment Director
ZO
DRB Resolution No. 325
Page 2
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Exhibit3
DESIGN REVIEW BOARD RESOLUTION NO. 326
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT (CHAPTER 21.35)
TO CLARIFY AND/OR REVISE POLICIES FOR CONSISTENCIES
AND/OR REVISE ONE OR MORE DEVELOPMENT STANDARDS
WITHIN THE VILLAGE MASTER PLAN AND DESIGN MANUAL TO
FACILITATE THE DEVELOPMENT OF HIGH QUALITY
REDEVELOPMENT PROJECTS LOCATED WITHIN THE
BOUNDARIES OF THE VILLAGE AREA, WITHIN THE CITY OF
CARLSBAD.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
CASE NO.: ZCA 95-10(A)/LCPA 95-10(A)
WHEREAS, in accordance with Section 21.35.140 and 21.52.020 of the Carlsbad
Municipal Code, the Carlsbad Redevelopment Agency, on behalf of the City of Carlsbad,
has prepared an amendment to Carlsbad Municipal Code Title 21, Chapter 21.35
relating to policies, processes, procedures for the V-R Village Redevelopment Zone
(CMC 21.35) and the Village Master Plan and Design Manual, which sets forth the land
use classifications and development standards for the Village Redevelopment Zone; and
14
WHEREAS, the proposed amendment is set forth in the draft Housing and
15 Redevelopment Commission Ordinance, Exhibit "X," dated July 13, 2007, and attached
hereto V-R VILLAGE REDEVELOPMENT ZONE - ZCA 95-10(A); and
16
WHEREAS, the Design Review Board did on the 6th day of September 2007 hold
a duly noticed public hearing as prescribed by law to consider said request; and
18 WHEREAS, at said public hearings, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information
submitted by staff, and considering any written comments received, the Design Review
Board considered all factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
as follows:
a) That the foregoing recitations are true and correct.
b) That based on the evidence presented at the public hearing,
the Board hereby RECOMMENDS APPROVAL of V-R VILLAGE
REDEVELOPMENT ZONE AMENDMENTS ZCA 95-10(A) based on the following
findings:
1. The proposed Zone Code Amendment, ZCA 95-10(a), is consistent with the
General Plan in that it provides implementing policies and strategies to facilitate
development in the Village Area that helps to create a strong identity for the Village,
revitalize the area, enhance the economic potential of the Village and establish specific
site development standards. u~1
3. The proposed amendment will be effective thirty (30) days after approval date,
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t.\j\j i, i
AYES: BAKER, LAWSON, SCHUMACHER AND WHITTON
2007, by the following vote, to wit:
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2. The proposed Zone Code Amendment, ZCA 95-10(a), reflects sound principles
of good planning in that it (a) ensures internal consistency with the procedures and
standards of the rest of the existing Zoning Ordinance, as amended and the Village
Master Plan and Design Manual, with proposed revisions thereto, and (b) implements
the policies and programs of the General Plan.
in all areas of the Village, except those areas of the Village which are located in the
Coastal Zone. For properties in the Coastal Zone, the amendment will not be effective
until approved and certified by the California Coastal Commission.
PASSED, APPROVED.AND ADOPTED at a special meeting of the Design
Review Board of the City of Carlsbad, California, held on the 6th day of September,
NOES: NONE
12
ABSENT: NONE
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ANWONyLAWSON, Chairperson
DESIGN REVIEW BOARD
DEBBIE FOUNTAIN
Housing and Redevelopment Director
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DRB Resolution No. 326
Page 2
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4 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
Exhibit X
July 13, 2007
ORDINANCE NO.
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDING CARLSBAD MUNICIPAL CODE
CHAPTER 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO
CLARIFY AND/OR REVISE PROVISIONS FOR CONSISTENCY WITH
THE VILLAGE MASTER PLAN AND DESIGN MANUAL.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
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CASE NO.: ZCA95-10(AVLCPA 95-10(A19
The Housing and Redevelopment Commission, on behalf of the City
Council, does ordain as follows:
Section I: That Chapter 21.35 of the Carlsbad Municipal Code is
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amended to read as follows:
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Chapter 21.35
V-R VILLAGE REDEVELOPMENT ZONE
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21.35.010 Intent and purpose.
16 21.35.020 Incorporation of redevelopment plan and village master plan and desiqn manual bv
._ reference.
21.35.030 Land affected bv this chapter.
18
21.35.040 Permitted uses.
19 21.35.050 Provisional uses.
20 21.35.060 General regulations.
21.35.070 Redevelopment permit.
21.35.080 Redevelopment projects.
21 .35.085 Permit application.
21.35.090 Housing and redevelopment director action.
24
21.35.100 Design review board action.
25 "21.35.110 Effective date of order-Appeal of design review board decision.
21.35.115 Housing and redevelopment commission action.
27 || 21.35.117 Notice of public hearings.
21.35.120 Consolidation of other permits and discretionary approvals-Findings requirements.
21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
II 21.35.150 Amendments.
21.35.010 Intent and purpose.
3 "
II
The village redevelopment zone is intended to establish land use classifications and develop standards
and procedures for that area of the city described in the Carlsbad village area redevelopment plan, as
adopted by city council Ordinance No. 9591. This zone adopts the land use classifications and
development standards of the Carlsbad village area redevelopment plan and of the village master plan
ii and design manual adopted pursuant to the redevelopment plan as the zoning for the area designated.
(Ord. NS-330 § 4 (part), 1995)9
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21.35.020 Incorporation of redevelopment plan and village master plan and design manual
by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No. 9591 on
July 21,1981, and the village master plan and design manual as adopted by Carlsbad housing and
redevelopment commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad housing
and redevelopment commission Resolutions No. 280 on August 13, 1996, No. 291 on December 16,1997,
and No. 379 on April 13, 2004, and modified by Carlsbad housing and redevelopment commission
Resolution No. on , 2007 are hereby adopted by reference and incorporated into this
chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 § 11, 1998: Ord. NS-371 § 3,1996: Ord. NS-340 § 1,1995:
Ord. NS-330 § 4 (part), 1995: Ord. NS- ,2007)
20 n
21.35.030 Land affected by this chapter.
21 IIn This chapter shall apply only to lands located within the boundaries of the Carlsbad village area, the
boundaries of which are described in the Carlsbad village area redevelopment plan. (Ord. NS-330 § 4
M
24 „ (part), 1995)
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27 " 21.35.040 Permitted uses.II28
Only those uses specified in the Carlsbad village area redevelopment plan and the village master plan and
design manual as permitted uses for particular property in the village redevelopment area shall be
permitted. (Ord. NS-330 § 4 (part), 1995)
4
21.35.050 Provisional uses.
5
, Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the village
master plan and design manual shall be permitted upon issuance of a redevelopment permit approved
according to this chapter. (Ord. NS-330 § 4 (part), 1995)8
9 21.35.060 General regulations.
10
Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad village
11
redevelopment plan or the village master plan and design manual, the regulations of this title which apply
12
to uses generally or generally to all zoning classifications shall apply to property and uses in this zone.
13
(Ord. NS-330 § 4 (part), 1995)
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21.35.070 Redevelopment permit.
16 Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no development
shall occur in the area subject to this chapter without a redevelopment permit. (Ord. NS-330 § 4 (part),
18 1995)
21.35.080 Redevelopment projects.
(a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An exempt project
is one which is exempt from the requirement to obtain a coastal development permit in accordance with
Section 21.81.030; and requires no redevelopment permit or other discretionary approvals, and includes
but is not limited to:
(1) Interior or Exterior improvements to existing structures which do not result in the intensity of use of a
structure; and/or
(2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal
floor area; and/or
(3) Changes in permitted land uses which do not require site changes, result in increased ADT, result in
increased parking requirements, or result in compatibility issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or,
(5) Repair or maintenance activities which are exempt from a coastal development permit; and/or.
(6) Activities of public utilities regulated by a government agency; and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such demolition activity has the potential to have an adverse impact
o on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of redevelopment permits required for nonexempt projects.
10 One permit for each type of redevelopment project described as follows:
(1) Administrative Redevelopment Project. An administrative redevelopment project is one which results in
minor new construction and/or a change in a development which requires no other discretionary
approvals, except an administrative variance within the authority of either the director of planning or the
housing and redevelopment director, and includes, but is not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an estimated permit value of
less than sixty thousand dollars; and/or16
(B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or
(C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or
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(O) Changes in permitted land uses which result in site changes, increased ADT, increased parking
19
requirements, or result in compatibility issues/problems; and/or
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(E) Signs for existing businesses or facilities; and/or
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(F) Repair or maintenance activities which are not exempt projects; and/or
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(G) Demolition of a structure that has the potential to have an adverse impact on coastal resources and/or
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public access to the coast.
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(2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify as an
25
administrative redevelopment project and involves new construction with an estimated permit value of
26
sixty thousand dollars or more but less than one hundred fifty thousand dollars.
27
(3) Major Redevelopment Project. A major redevelopment project is one which involves new construction
28
with an estimated permit value of one hundred fifty thousand dollars or more. (Ord. NS-330 § 4 (part),
1995: Ord. NS- ,2007)
21.35.085 Permit application.
(a) An application for a redevelopment permit for a non-exempt project as defined in Section 21.35.080
may be made by the record owner or owners of the property, or the authorized agent or agents for the
property, on which the development is proposed. The application shall be filed with the director upon forms
provided by the director, and shall be processed in accordance with the provisions of Section 21.54.010 of
this code.o
(b) If signatures of persons other than the owners of property making the application are required or
offered in support of, or in opposition to, an application, they may be received as evidence of notice having
been served upon them of the pending application, or as evidence of their opinion on the pending issue,
but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by12
the design review board and the housing and redevelopment commission.
(c) The application shall be accompanied by a fee in the amount established by city council resolution. No
14
application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. (Ord.
15
NS-330 §4 (part), 1995)
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21.35.090 Housing and redevelopment director action.
18
(a) After the application has been accepted as complete the director shall determine if the project is
19
exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required
20
for a project which is exempt from the requirements of this chapter.
21
The director shall determine the exemption based on the certified local coastal program, including maps,
22 categorical exclusions and other exemptions, land use designations, zoning ordinances and the village
23 master plan and design manual. In granting an exemption, the director may impose such conditions as are
24 necessary to protect the public health, safety and welfare.
25 The director shall inform the applicant whether the project is exempt within ten calendar days of the
26 determination that the application is complete. The decision of the director on all exempt determinations is
27 final, (subject to the potential dispute resolution process as provided in Section 21.81.050).
28 The director shall maintain a record of all determinations made on projects exempt from the requirements
of this chapter. The records shall include the applicant's name, an indication that the project is located in
the village area, the location of the project, and a brief description of the project. The record shall also
include the reason for exemption.
(b) The director may approve, conditionally approve or deny administrative redevelopment permits as
defined in Section 21.35.080, subject to appeal to the design review board.
(c) After all necessary reports and recommendations have been received the director shall transmit the .
application for a minor or major redevelopment permit together with the reports and the recommendations
of the appropriate departments to the design review board for a public hearing.
(d) The director shall transmit to the design review board all timely appeals on administrative permits and
administrative variances.
(e) The director may grant, conditionally grant or deny applications for the types of administrative
variances set forth in Section 21.51.020 of this code and in accordance with the procedures provided in
Chapter 21.51 of this code, except that the director and the design review board shall serve as the
appropriate approving bodies for projects within the village redevelopment area. If the project includes
other discretionary approvals outside the director's authority, the director shall set the consolidated project
for public hearing by the design review board.
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(f) The effective date of order of a housing and redevelopment director decision and the method for appeal
of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 § 33, 2003; Ord. NS-
18
330 §4 (part), 1995)
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20 21.35.100 Design review board action.
21
(a) The design review board shall hold a public hearing on:
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(1) Appeals of decisions made by the director on administrative redevelopment permits as defined in
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Section 21.35.080 or administrative variances;
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(2) Minor or major redevelopment permits; and
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(3) Nonadministrative variances for which the board has final decision-making authority pursuant to
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Section 21.35.130(b).
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(b) For major redevelopment projects, the board shall consider the evidence and by resolution report and
28 recommend to the housing and redevelopment commission approval, conditional approval, or denial of the
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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.
(c) The board shall have sole authority to consider the evidence and by resolution report and recommend
to the housing and redevelopment commission and/or city council approval, conditional approval, or denial
of revisions to applicable chapters within the Carlsbad Municipal Code, Village Redevelopment Plan,
Village Master Plan and Design Manual and/or other policy documents specifically related to activities
which benefit and/or otherwise impact the Village Redevelopment Area..(Ord. NS-675 § 34, 2003: Ord.
NS-330 § 4 (part), 1995: Ord. NS - , 2007 )
21.35.110 Effective date of order-Appeal of design review board decision.
11
The effective date of the design review board's decision and method for appeal of such decision shall be
12
governed by Section 21.54.150 of this code. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2,1999: Ord. NS-
13
330 §4 (part), 1995)
14
15 21.35.115 Housing and redevelopment commission action.
16
The housing and redevelopment commission shall hold a public hearing on:
17 (a) Any major redevelopment permit for which the design review board has filed a report and
18 recommendation with the city clerk; or
19 (b) Any other matter made appealable to the commission by this chapter and which has been timely
20 appealed. (Ord. NS-330 § 4 (part), 1995)
21
21.35.117 Notice of public hearings.
Notice of any public hearing required by this chapter shall be given as provided in Section 21.54.060(1) of
this code. (Ord. NS-330 § 4 (part), 1995)
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21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
(a) Whenever a project would require a permit or approval under the provisions of this title, notwithstanding
this chapter, the redevelopment permit shall be deemed to satisfy the requirements for such permit or
approval; provided, however, that in considering the redevelopment permit for said project the director,
design review board and the housing and redevelopment commission shall apply the provisions of this
chapter and the provisions of this title otherwise applicable to such other permit or approval for the project.
(b) Whenever a project consists only of exemption determinations and/or administrative permits or
administrative variances within the authority of either the director of planning or the director, they shall be
consolidated and considered by the director, subject to appeal to the design review board with regard to
determinations other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the director's administrative
permit or administrative variance authority, the administrative permit and/or administrative variance
aspects shall be consolidated with the other matters and submitted to the design review board.
(d) No variance, determination of exemption or administrative, minor or major redevelopment permit shall
be granted unless the decision maker finds, in addition to any other findings otherwise required for the
project, that the project as approved, or conditionally approved is consistent with this code, the general
plan, the Carlsbad village area redevelopment plan and the village master plan and design manual. (Ord.
NS-330 § 4 (part), 1995)
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 vicinity and under identical zoning classification;
(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;
(3) The variance does not authorize a use or activity which is not otherwise expressly authorized by the
i—/zone regulation governing the subject property;
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(4) The variance is consistent with the general purpose and intent of the general plan, Carlsbad village
area redevelopment plan, and the Carlsbad village redevelopment master plan and design manual;
(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.
(b) An application for a variance shall be processed in the same manner established by this chapter for a
redevelopment permit.
(c) 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) 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. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4
(part), 1995)
21.35.135 Extension of redevelopment permit16
An application for a time extension for a redevelopment permit shall be processed directly by the final
approving authority for a redevelopment permit as set forth within this chapter, unless authority is granted
18
otherwise by the final approving authority. For example, the housing and redevelopment commission has
19
final approving authority for all major redevelopment permits and subsequently for all related time
20
extensions. The time extension application may be submitted directly to the housing and redevelopment
21
commission for approval, and/or the commission may grant approval authority to the design review board
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and/or housing and redevelopment director.
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24 M
21.35.140 Compliance with other provisions of this code.
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Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad village area
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redevelopment plan and the village master plan and design manual and all other applicable provisions of
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the Carlsbad Municipal Code, including but not limited to those provisions of Titles 18,19 and 20. (Ord.
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NS-330 §4 (part), 1995)
21.35.150 Amendments.
Amendments to the Carlsbad village area redevelopment plan or the village master plan and design
manual shall be deemed to be amendments to this chapter; provided, however, that such amendments are
processed and noticed in a manner which meets the requirements of Chapter 21.52 of this code.
Amendment of the village master plan and design manual by housing and redevelopment commission
resolution, with a recommendation from the design review board, shall be deemed to satisfy the
requirements of Chapter 21.52 of this code, provided all other requirements are met. (Ord. NS-330 § 4
(part), 1995)
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Exhibit 4
DESIGN REVIEW BOARD RESOLUTION NO. 327
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A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT
FOR THE VILLAGE SEGMENT OF THE CARLSBAD LOCAL
COASTAL ZONE AND A REDEVELOPMENT AREA IMPLEMENTATION
AMENDMENT WHICH INCLUDES (1) AMENDMENTS TO THE
VILLAGE MASTER PLAN AND DESIGN MANUAL; (2) ZONE CODE
AMENDMENTS CARLSBAD MUNICIPAL CODE TITLE 21, CHAPTER 21.35;
AND (3) AMENDMENTS TO CITY COUNCIL POLICY NO. 65 - SIGNS ON
PUBLIC PROPERTY TO FACILITATE THE DEVELOPMENT OF HIGH
QUALITY REDEVELOPMENT PROJECTS CONSISTENT WITH THE
GENERAL PLAN AND TO CLARIFY AND/OR REVISE PROVISIONS FOR
CONSISTENCY AND/OR TO REVISE ONE OR MORE DEVELOPMENT
STANDARDS FOR THE VILLAGE REDEVELOPMENT AREA.
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
CASE NO: LCPA 95-10(A)
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application for an amendment to the Local Coastal Program implementing ordinance; and
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WHEREAS, said verified application constitutes a request for a Local Coastal
17 Program Amendment as shown on Exhibit "X" dated July 13, 2007 attached to Design Review
Board Resolution No.326 and as shown in attached Design Review Board Resolution No.325 for
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance;
and
WHEREAS, the Carlsbad Redevelopment Agency, "Applicant," has filed a verified
amendments to the Village Master Plan and Design Manual as incorporated herein by reference,
as provided in Public Resources Code Section 30574 and California Code of Regulations of the
California Coastal Commission Administrative Regulations Title 14, Division 5.5, Chapter 2,
18
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Subchapter 8, Article 15; and
20
WHEREAS, the Design Review Board did on the 6th day of September, 2007
21 hold a duly noticed public hearings as prescribed by law to consider said request; and
22 WHEREAS, at said public hearings, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
23 relating to the Local Coastal Program Amendment; and
24 WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program which was initiated on August 17, 2007 and
25 will end on September 17, 2007 and prior to final action by the Housing and Redevelopment
Commission and/or City Council.
26
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad, as follows:
28 ..
A) That the foregoing recitations are true and correct.
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B) At the end of the State-mandated six-week review period, starting on August 17,
2007 and ending on September 17, 2007, staff shall present to the Housing and
Redevelopment Commission, acting on behalf of the City Council, and/or City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL OF AMENDMENTS TO CHAPTER 21.35 OF THE
MUNICIPAL CODE, AMENDMENTS TO THE VILLAGE MASTER PLAN AND DESIGN
MANUAL AND AMENDMENTS TO CITY COUNCIL POLICY NO. 65- SIGNS ON
PUBLIC PROPERTY AMENDMENTS - LCPA 95-10(A), based on the following findings,
and subject to the following conditions:
Findings:
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 Carlsbad Local Coastal Program, in that no development or construction is
proposed with this amendment and all future development projects located in the
Carlsbad Village segment of the coastal zone that are processed pursuant to these
revised standards would be subject to discretionary review and the appropriate Coastal
Development Permit to ensure consistency with Local Coastal Program policies.
2. That the proposed amendment to the implementing ordinance (Chapter 21.35) of the
Carlsbad Local Coastal Program is required to bring it into consistency with the City's
Zoning Ordinance and with the Village Master Plan and Design Manual.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review
Board of the City of Carlsbad, held on the 6th day of September, 2007, by the following
vote, to wit:
AYES: BAKER, LAWSON, SCHUMACHER AND WHITTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
N, Chairperson
CARLSBA0 DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
Housing and Redevelopment Director
Page 2 of ORB Resolution No. 327
7
NEGATIVE DECLARATION & RELATED EXHIBITS
City of Carlsbad
Housing & Redevelopment Department
CASE NAME:
CASE-NO:
PROJECT LOCATION:
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
Village Master Plan and Design Manual Amendments
LCPA 95-10(AVZCA95-10(A)
Carlsbad Village Project Area - City of Carlsbad
PROJECT DESCRIPTION: The proposed Zone Code Amendment and Local Coastal Program
Amendment consists of revisions and/or clarifications to inconsistent policies and/or revisions to one or
more development standards, including an increase in maximum residential density in select areas, for
projects within the City of Carlsbad's Village Project Area to assist in the continued facilitation of the
development of high quality new construction and rehabilitation projects. The motivations for this
amendment are as follows:
Through implementation of the Village Master Plan and Design Manual and related ordinances and/or
regulations over time, it has been discovered that some of the approved policies and/or development
standards are inconsistent among the various implementing documents. Revisions and clarifications of the
regulations and/or policies are proposed to ensure consistent implementation in the future. In addition, on
March 26, 2006, the Housing and Redevelopment Commission approved a Resolution of Intention (ROI)
to amend one or more development standards, including increased residential densities for select areas, set
forth within the Village Master Plan and Design Manual in order to ensure that new commercial and/or
residential development within the Village Area is more consistent with the vision adopted for the area
initially in 1981 and then as amended in 1995 in terms of product type and design.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the
project described above 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. Therefore, a Negative Declaration will be recommended for adoption by the City of
Carlsbad Design Review Board to the Housing and Redevelopment Commission and/or City Council.
A copy of the proposed amendments and the initial study (EIA Part 2) documenting reasons to support the
proposed Negative Declaration are on file in the Housing and Redevelopment Department, 2965
Roosevelt Street, Suite B, Carlsbad, California 92008. Comments from the public are invited. Please
submit comments in writing to the Housing and Redevelopment Department within thirty (30) days of
the date of this notice.
The proposed project and Negative Declaration are subject to review and approval/adoption by the
Carlsbad Design Review Board, Housing and Redevelopment Commission and/or City Council.
Additional public notices will be issued when those public hearings are scheduled. If you have any
questions, please contact Debbie Fountain, Housing and Redevelopment Director, at (760) 434-2935 or
dfoun@ci .carlsbad.ca.us.
PUBLIC REVIEW PERIOD:
PUBLISH DATE:
July 23, 2007 through August 23, 2007
July 23, 2007
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037
ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: LCPA 95-10(aVZCA 95-1 Ofa>
DATE: June 29. 2007
BACKGROUND
1. CASE NAME: Village Master Plan and Design Manual - Amendments
2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
3. CONTACT PERSON AND PHONE NUMBER: Debbie Fountain. Housing and Redevelopment
Director. (760) 434-2935
4. PROJECT LOCATION: Carlsbad Village Redevelopment Project Area: no specific project sites
5. PROJECT SPONSOR'S NAME AND ADDRESS: Carlsbad Redevelopment Agency - 2965
Roosevelt Street. Suite B. Carlsbad. Ca. 92008
6. GENERAL PLAN DESIGNATION: V (Village') for all properties ^___
7. ZONING: VR (Village-Redevelopment') for all properties
8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): California Coastal Commission (Local Coastal
Program Amendment')
9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
The proposed Amendments to Chapter 21.35 of the Carlsbad Municipal Code and to the Village
Master Plan and Design Manual are intended to revise and/or clarify policies for consistency
among regulatory documents and/or to revise one or more development standards for projects
within the Village Redevelopment Area only. These amendments, which ultimately will include
an amendment to the Local Coastal Program for the Village Area, will assist in the continued
facilitation of the development of high quality redevelopment projects in the Village
Redevelopment Area of Carlsbad and implementation of the economic development strategy for
the area. In implementing the Village Master Plan and Design Manual since 1995. staff has
discovered that some of the approved policies and/or standards are inconsistent among the
various implementing documents. In addition, the Housing and Redevelopment Commission
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
approved a Resolution of Intention (ROD on March 26. 2006 to amend some of the development
standards in order to ensure more desirable development within the Village that is consistent with
the area vision set forth within the Village Master Plan and Design Manual. The Village
Redevelopment Area is an existing urban, downtown area for which a Redevelopment Plan was
adopted in 1981. The Vision for the Village is for: 1) a distinct visual identity that makes it
unique and a memorable place with identifiable landmarks: 2) excellence through high quality,
well-designed private development and public improvements: 3) accommodation of a wide ranee
of land uses and to have the Village serve as a specialty retail center for the entire City: 4) a
strong civic character and provide for a place for people to come to be a part of important
community events: 5) a Village that is comfortable and a safe place to work, shop, visit and live:
and 6) a welcoming attitude and a spirit of cooperation to new businesses and developers who are
interested in becoming a part of the downtown. The proposed amendments will enhance the
standards and policies already set forth within the Village Master Plan and Design Manual and
CMC 21.35 to accomplish the vision set forth above. The project applies to regulations that are
applicable to properties within the boundaries of the Village Redevelopment Area only. There is
no specific project site with a specific environmental setting or surrounding land uses identified at
this time.
Rev. 01/02/07
Project Numbers) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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.
| | Aesthetics
| | Agricultural Resources
| | Air Quality
| | Biological Resources
| | Cultural Resources
] Geology/Soils I I Noise
Hazards/Hazardous Materials \—J Population and Housing
I I Public Services
I | Recreation
I I Transportation/Circulation
I I Hydrology/Water Quality
| ] Land Use and Planning
Mineral Resources
I ] Mandatory Findings of
Significance II Utilities & Service Systems
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
DETERMINATION.
(To be completed by the Lead Agency)
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.
D
I _ I 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.
L_J
7/^B_^^__«^7767^_^B_^^__«^^^_^
Date
"7//g/07
Planning Director's Signature Date
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment (EIA) 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. This 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.
• 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.
• "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.
• "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.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly
adverse.
• Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on
the environment, but all 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.
• 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.
• 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.
Rev. 01/02/07 ,-7
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name — Village Master Plan and Design Manual Amendments
• 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
EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially 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 after each related set of questions.
Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined
significant
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant' No
Impact Impact
X
X
X
X
Less than Significant Impact (a-d) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance are intended to assist in the facilitation of high quality commercial, residential and/or mixed-use
redevelopment projects consistent with the vision adopted for the Village Redevelopment Area in 1981 and further
refined in 1995. Existing standards and policies are being further refined at this time to ensure continued quality
development in the Village Redevelopment Area. Future development in the Village Area will be consistent with the
design guidelines set forth in the Village Master Plan. Design guidelines are provided to reduce potential substantial
adverse effects resulting from future development of the site, and include design measures pertaining to scale,
screening of mechanical equipment, and other relevant design elements. The design guidelines will be applied to
individual development projects within the Village Area as part of the City's review of discretionary land use
permits. Design elements of each development project will be reviewed on an individual and comprehensive basis
by the appropriate review authority. Future development will also be consistent with existing policies pertaining to
lighting requirements. The proposed project therefore will have a less than significant impact on any scenic vista or
other scenic resource.
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-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) 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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
Rev. 01/02/07
Project Numbers) - LCPA95-10(a)/ZCA 95-10(a)
Project Name — Village Master Plan and Design Manual Amendments
b) Conflict with existing zoning for agricultural use,
a Williamson Act contract?
or
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?
X
X
No Impact (a-c). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that could: a) result in the conversion of farmland to a non-agricultural use;
b) conflict with any existing zoning for agricultural uses or a Williamson Act contract; or, c) result in changes to the
existing city environment that would cause the conversion of farmland to a non-agricultural use. The Village Area
is an existing urban downtown area with infill development. There are no properties in the Village Area zoned for
agriculture or currently designated or used as farmland.
DDL 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?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
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)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
No Impact (a). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that could conflict or obstruct implementation of the regional air quality
plan.
All properties within the City, including the Village Area, are located in the San Diego Air Basin, which is a federal
and state non-attainment area for ozone (O3), and a state non-attainment area for particulate matter less than or equal
to 10 microns in diameter (PMjo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the
San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed
Rev. 01/02/07
Project Numbers) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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 (RAQS) 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 (ARE) after public hearings on November 9th through 10* in 1994, and was forwarded to
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.
The proposed project relates 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 within the regional air quality planning process. Such consistency would ensure
that the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environmental 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:
• 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 (Village Area of Carlsbad) is located in the San Diego Air Basin, and as such, is located in an area
where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way
conflict or obstruct implementation of the regional plan.
Less than Significant (b). The closest air quality monitoring station to the project site is at Camp Pendelton/City of
Oceanside. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent
air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year
period). No other violations of any air quality standards have been recorded during the 5-year time period. The
amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do not involve any
changes to air quality planning/standards. Because this area is already developed, air pollutant emissions associated
with future increased development in the project area are anticipated to comprise only an incremental contribution to
overall air basin quality readings. Therefore, this incremental increase in air pollutant emissions would not likely
contribute substantially to an existing or projected air quality violation. Future development within the area would
result in minimal short-term emissions associated with grading and construction. Standard construction measures
such as the use of properly maintained equipment and watering the site for dust control would minimize emissions.
Less than Significant (c). The air basin is currently in a state non-attainment zone for ozone and suspended fine
particulates. The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do not
include a proposal for physical development of any site. Therefore, site specific project analysis is not available.
However, the modifications to the standards in the Master Plan and Design Manual would allow for increased
development within the Village and would represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. However, the proposed project is consistent with the City of
Carlsbad's General Plan in that the overall development strategy for the Village is to enhance economic potential
and to establish site specific development standards which create a pedestrian scale environment of specialty shops,
services and restaurants complemented by residential and mixed-use development. The proposed project will assist
in accomplishment of the development strategy set forth for the Village Area. Because the proposed project is
consistent with the City's General Plan, it is presumed that the proposed project has been anticipated with the
regional air quality planning process. Such consistency would ensure that the project would not have an adverse
regional air quality impact. Further, emissions will be limited through the pedestrian orientation of the subject
Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
project, encouragement of alternative forms of transportation and support for land uses with low emissions such as
general retail and residential within the Village. A Regional Air Quality Standards (RAQS) Plan is being
implemented for the area. Implementation of the proposed standards revisions will not result in land uses that would
conflict with the adopted SIP or RAQS responsible for managing air quality in the region. Future development of the
project area is not anticipated at this time to exceed growth projections for the area nor will it conflict or obstruct
implementation of the regional plans. Therefore, potential cumulative air quality impacts resulting from
implementation of the proposed development standard revisions are considered to be less than significant.
No impact (d). The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in exposing sensitive receptors to pollutant
concentrations. Any future development proposal will be required to conform to the applicable air quality
management plan.
No Impact (e) The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in an activity that could create objectionable
odors. Construction of future development projects in the project area could generate fumes from the operation of
construction equipment, which may be considered objectionable by some people. Such exposure would be short-
term or transient. In addition, since development will be phased over time, the number of people exposed to such
transient impacts at any given time will be limited. Future development proposals will be required to address
impacts from odors as part of the discretionary approval process.
IV. 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?
d) 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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
10 Rev. 01/02/07 •2-
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
e) Conflict with any local policies or ordinances Y
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Y
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
No Impact (a-d) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not propose or affect any regulation that would result in an adverse effect on any sensitive habitat or
species, or interference with any native or migratory wildlife corridor or native wildlife nursery site. Properties
within the Village Area have all been previously graded and are developed infill sites. Therefore, there wtfl be no
impact on sensitive habitat or species, or interference with any native or migratory wildlife.
No Impact (e & f) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that would result in a conflict with local policies and ordinances that protect
biological resources or the provisions of any habitat conservation plan. The properties within the Village Area have
all been previously graded and are developed infill sites. Therefore, there will be no impact on biological resources.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
V. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the X
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the signifi- }£
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique pale X
ontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those interred X
outside of formal cemeteries?
Less than Significant Impact (a) - The proposed amendments to the Village Master Plan and Design Manual do
not propose any demolition, destruction, relocation or alteration of any existing historical resource within the Village
Area. There is one known historical building within the Village Area which is listed on the National Register for
historic properties. This building is owned by the City of Carlsbad. Any modifications to this building and/or
relocation of it will be subject to further environmental review if proposed at a later date. Any proposed
modifications will conform to the Secretary of Interior's Standards for the Treatment of Historic Properties. There
are no known properties in the Village Area listed on the State of California Register of Historic Properties.
Although the proposed amendments might encourage demolition, relocation or alteration of properties with local
historical significance, the City of Carlsbad does not have a local historic preservation ordinance. Therefore, there
are no preservation requirements. The proposed amendments are not in conflict with any existing historic
11 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
preservation regulation and/or policy. There are also no specific changes proposed which would be adverse to. the
significance of any identified historical resource.
No Impact (b-d) - The proposed amendments to the Village Master Plan and Design Manual and related Zoning
Ordinance do not affect any regulation that would result in a disturbance of any human remains or an adverse impact
to any historical, archeological, or paleontological resource. The properties within the Village have been previously
graded and developed infill sites which are surrounded by urban development and there will be no impacts on
cultural resources. There are no known archeological, paleontological or human remains within the project area.
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:
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?
b) Result in substantial soil erosion or the loss of
topsoil?
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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
X
X
12 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (a-i,ii,iii) - There are no Alquist-Priolo Earthquake Fault Zones within the City of
Carlsbad, which includes the Village Redevelopment Area, and there is no other evidence of active faults within the
City. However, there are several active faults throughout Southern California, and these potential earthquakes could
affect Carlsbad. The project area is located in an area of the City with stable soil conditions and the risk of seismic-
related ground failure or liquefaction is minimal. The amendments to the Village Master Plan and Design Manual
and related Zoning Ordinance do not affect any regulation that would expose people or structures to potential
adverse effects from a known earthquake fault, ground shaking, and/or seismic-related ground failure or landslides.
The possibility of ground acceleration or shaking on the properties within the Village Area will be similar and
comparable to the southern California region as a whole. All developments, including those within the Village
Redevelopment Area, are subject to requirements such as the Uniforn Building Code earthquake construction
standards and soil remediation that when necessary ensure potential adverse effects are not significant.
No Impact (a-iv). Land slides are potential threats in parts of the City, but not within the Village Redevelopment
Area (which is the subject of this project). The project area is in an area of stable soil conditions that are not subject
to landslides.
No Impact (b, c, d & e) - The proposed amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not affect any regulation that would result in substantial soil erosion on any site within the
project area or in any impacts to unstable or expansive soil conditions. The project area is in an area of stable soil
conditions that are not subject to soil erosion and/or expansion. As appropriate, however, soil studies will be
completed for site-specific developments to ensure that there are no risks or hazards due to soil erosion or
expansion. In addition, sewers are available to the properties within the project area, and the project will be served
by public wastewater.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VII. 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?
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?
X
X
X
X
13 Rev. 01/02/07
75
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
e) For a project within an airport land use plan, or v
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?
f) For a project within the vicinity of a private airstrip, X
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with }£
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of V
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
No Impact (a-h) - The Village Master Plan allows for a variety of land uses. These future land uses may require the
transport, use or disposal of hazardous materials as an aspect of daily operations. Oil and/or other chemicals released
from delivery vehicles or the vehicles of residents or visitors, as well as those used for mechanical equipment or for
maintenance purposes or other purposes maybe present on the site; however, presence of such materials onsite is
not anticipated to be substantial in quantity or to pose substantial risk to human health or safety.
The project area is located over 4 miles northwest of the McClellan-Palomar Airport (a public airport) and is not
subject to the Mc-Clellan-Palomar Airport Comprehensive Land Use Plan (CLUP).
The project area is.an infill site surrounded by urban development and is adequately served by emergency services.
The proposed amendments will not interfere with the implementation of any adopted emergency response or
evacuation plan. There are no wildlands adjacent to the project site that could expose people to significant risk from
wildland fires.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VIII. HYDROLOGY AND WATER QUALITY - Would the
project:
a) Violate any water quality standards or waste X
discharge requirements?
b) Substantially deplete groundwater supplies or X
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)?
14 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
c) Substantially alter the existing drainage pattern of the X
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?
d) Substantially alter the existing drainage pattern of the X
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?
e) Create or contribute runoff water, which would X
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? }£
g) Place housing within a 100-year flood hazard area as X
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
h) Place within 100-year flood hazard area structures, X
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of X
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? X
k) Increase erosion (sediment) into receiving surface X
waters.
1) Increase pollutant discharges (e.g., heavy metals, X
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?
m) Change receiving water quality (marine, fresh or X
wetland waters) during or following construction?
n) Increase any pollutant to an already impaired water X
body as listed on the Clean Water Act Section 303(d)
list?
o) Increase impervious surfaces and associated runoff? X
p) Impact aquatic, wetland, or riparian habitat? X
15 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
q) Result in the exceedance of applicable surface or X
groundwater receiving water quality objectives or
degradation of beneficial uses?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would conflict with any water quality standards. All
development within the subject project area will be required to comply with all federal, state and local water quality
regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan
objectives identified in the "Water Quality Control Plan for the San Diego Basin. The properties within the project
area are currently developed with a variety of uses including both commercial and residential. All of the
properties/development currently generate runoff due to their paved surfaces. New development will also generate
runoff due to new and/or replaced paved surfaces. The Water Quality Control Plan for the San Diego Basin
identifies specific objectives for the Carlsbad Hydrologic Unit. These objectives include the requirement for all new
development projects to comply with National Pollutant Discharge Elimination System (NPDES) Best Management
Practices (BMPs). Application, certification and compliance with an NPDES permit for all new development will
ensure that water quality exiting properties within the project area will be maintained to a level of acceptability. All
new development will be required to adhere to applicable RWQCB regulations for control of sedimentation and
erosion, including the installation of temporary detention basins or other means of stabilization or impoundment
required by the RWQCB. All exposed graded areas shall be treated with erosion control pursuant to City of Carlsbad
erosion standards, including hydroseed, berms desiltation basins, jute matting, sandbags, bladed ditches or other
appropriate methods. Other Best Management Practices (BMPs) will also be utilized.
Less than Signficant Impact (b-e) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would significantly alter existing drainage patterns, nor would it
increase the potential for erosion or siltation in any river or stream. Although new or increased development within
the Village project area will increase the amount of impervious surface area (i.e., parking areas, internal roadways,
etc.), individual development projects will implement measures to reduce urban pollutants prior to discharge. All
stormwater from the project area will drain into existing storm drains within the Village Area. It is not anticipated
that new development will significantly deplete groundwater supplies, or significantly interfere with ground water
recharge. New development is also not anticipated to significantly change the topography, drainage patterns, or
amount of runoff in the area. No additional pollution of surface waters is anticipated to result from new development
All new development will be required to comply with the Storm Water Pollution Prevention Plan (December, 2003)
and adhere to applicable RWQCB regulations for control of sedimentation and erosion, including Best Management
Practices (BMPs). The following guidelines will be utilized during design and implemented during construction to
reduce runoff and minimize erosion:
a. Comply with current drainage design policies set forth in the City of Carlsbad procedures.
b. Create desiltation basins where necessary to minimize erosion and prevent sediment transport until
the storm drain system is in place.
c. Landscape all exposed, manufactured slopes per City of Carlsbad erosion control standards.
d. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion.
e. Control sediment production from graded building pads with low perimeter berms, desiltation
basins, jute matting, sandbags, bladed ditches, or other appropriate methods.
Less than Significant Impact (f & g>- The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would significantly alter existing drainage patterns. Construction of
any new development will be required by law to comply with all federal, state and local water quality regulations,
including the Clean Water Act and associated NPDES regulations. As mentioned above, the new developments will
be required to have a Storm Water Pollution Prevention Plan. Therefore, temporary impacts associated with the
construction of new development will be mitigated. It is not anticipated that any new development will result in
permanent or long term degradation of water quality as a result of the proposed pollution control program.
No Impact (h-k) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
does not propose development within a 100 year flood hazard area. No impacts from flooding will occur.
16 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (1-p) - Proposed future development in the Village Area will be required to comply
with Order 2001-02 and prepare a Stormwater Management Plan. Drainage and development will be controlled via
best management practices to ensure that pollutant loads are not increased to the maximum extent practicable.
Impacts to water quality will be less than significant.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community? X
b) Conflict with any applicable land use plan, policy, or X
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?
c) Conflict with any applicable habitat conservation X
plan or natural community conservation plan?
Less than Significant impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal that would result in the division of an established community. The
amendments do not include any plan to install roadways or other infrastructure that would physically divide an
existing community, alter access points to an existing community or result in a significant loss of housing, including
affordable housing. The proposed amendments are intended to further integrate the existing community through
encouragement of mixed use developments. In addition, all new residential developments within the Village will be
required to provided a minimum of 15% of the new units as affordable to low income households. Therefore, the
potential impacts are less than significant.
Less than Significant impact (b & c) -The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would conflict with any land use plan, policy or
regulation adopted for the purpose of avoiding or mitigating environmental effects, nor do they conflict with any
applicable habitat conservation plan. The permitted land uses within the Village Area are not being revised. The
proposed development standard and policy revisions are proposed to ensure better quality development and
development which is more consistent with the vision, goals and objectives set forth within the approved Village
Master Plan and Design Manual. All future development will require the appropriate discretionary permits. The
proposed amendments require a revision to the Local Coastal Program for the Village Area, which will require
California Coastal Commission review and approval to ensure the LCP remains consistent with the Coastal Act for
all areas of the Village located within the Coastal Zone. Any future development will be required to be consistent
with the Village Master Plan and Design Manual as well as the Village Redevelopment Plan, which serve as the
Local Coastal Program for the Village Project Area. The Village Project Area is located within Zone 1 of the Local
Facilities Management Plan (LFMP). All future development will be required to demonstrate that proposed facilities
are consistent with the LFMP, or amendments will be required to the LFMP.
The Village Area is fully developed and is an established redevelopment area with infill development within and
adjacent to it. It is part of an existing urban area that is identified for urban uses in the City of Carlsbad's Habitat
Management Plan. The subject project is consistent with the City of Carlsbad Habitat Management Plan for Natural
Communities, in the City of Carlsbad. The project area is not subject to any other habitat conservation plans.
17 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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?
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?
Potentially
Significant
Potentially Unless
Significant Mitigation
Impact Incorporated
Less Than
Significant No
Impact Impact
X
X
No impact (a & b) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
do not propose or affect any regulation that would result in the loss of availability of a mineral resource. There are
no known mineral resources, of local importance or otherwise, within the project area. Therefore, the proposed
project will not result in the loss of availability of such resources.
XI. 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?
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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
18 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance would not result in significant noise impacts. However, it is anticipated that specific
developments within the project area may be subject to increased traffic noise levels due to the potential for
increased number of residential units and/or commercial development. New building placement can be used for
acoustical purposes to reduce overall noise levels for outdoor spaces. Mitigation measures of interior space is
feasible and attainable through standard construction practices and materials. Prior to the issuance of a building
permit, future development within the project area will be required to prepare a project-specific acoustical analysis
to assess potential impacts resulting from the individual development proposal, as well as cumulatively considerable
noise impacts. The developments are subsequently required to implement all mitigation measures identified within
the project-specific acoustical analysis to reduce impacts to a level of less than significant and consistent with noise
standards given in the City of Carlsbad Noise Element. Interior noise levels are required to be mitigated to 45 dBA
or less.
No Impact (b) - Based upon the nature of the proposed uses in the area, the project will not result in exposure of
persons to or generation of excessive groundbourne vibration or groundboume noise levels. In addition, the project
area is not located adjacent to any use that generates excessive groundbourne vibration or groundboume noise
levels.
Less than Significant Impact (c&d) -The proposed amendments will not result in a substantial temporary or
periodic increase in ambient noise levels. However, future development in the project area may result in the
exposure of visitors to or residents of the project area to substantial periodic increases in ambient noise levels from
operation of the existing railroad, which runs north and south through the middle of the project area, as well as
traffic on the existing roadways, including Carlsbad Boulevard and Carlsbad Village Drive. Future development
within the project area will be required to prepare a project-specific acoustical analysis to assess potential impacts
resulting from the individual development proposal, as well as cumulatively considerable noise impacts. The
developments are subsequently required to implement all mitigation measures identified within the project-specific
noise impact analysis to reduce impacts to a level of less than significant and consistent with noise standards given
in the City of Carlsbad Noise Element. Interior noise levels are required to be mitigated to 45 dBA or less.
There may be temporary or a periodic increase in noise levels from construction activity associated with future
development. The City incorporates standard regulations on all project construction activity to ensure that noise and
other potential impacts to surrounding properties are not significant. Therefore, the proposed amendments will not
result in a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels
existing without the amendments.
No Impact (e & f) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance
do not propose or affect any regulation that would result in exposing people to excessive noise levels associated with
an airport. The Village Redevelopment Area is not located within the impact area of the local McClellan-Palomar
Airport; it is located over four miles from the airport. The project area is not located near any other public or private
airport. Therefore, the proposed project will not expose people to excessive noise levels generated from an airport.
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly X
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
19 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
b) Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating X
the construction of replacement housing elsewhere?
Less than significant impact (a-c) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance will enhance the quality of desired development within the Village Redevelopment Area, which
has previously been envisioned for the Area and considered in the General Plan. There is no specific proposal for
physical development of any site at this time. However, the project may indirectly induce growth by increasing the
permitted residential densities within the project area and modifying one or more development standards which
could allow for increased commercial square footage through redevelopment activity. No new roads, infrastructure
or other public improvement project are proposed at this time that would indirectly induce substantial growth.
The proposed project will ultimately allow for additional housing and new commercial opportunities within the
Village Area which is consistent with the vision for future growth in this area. The Land Use Element of the General
Plan indicates that the Village Master Plan and Design Manual will guide development within the Village Area. As
set forth in the Village Master Plan, the overall development strategy for the area is to create a strong identity for the
Village, revitalize the area, enhance the economic potential of the Village and establish specific site development
standards. The intent of the Village Master Plan is to preserve the village character by creating a pedestrian scale
environment of specialty shops, services, and restaurants complemented by residential and mixed-use development.
The proposed amendments to the Village Master Plan and Design Manual will further assist in the effort to create
the desired identity and pedestrian-scale environment desired for the Village Area. Within the Village Area, the
density designation for residential development is currently determined on a case-by-case basis according to
compatibility findings with surrounding uses. The current density ranges used for designation purposes allow for a
maximum density of 23 dwelling units per acre in all land use districts of the Village. The proposed amendments
will allow for a maximum density designation of 45 dwelling units/acre on all properties which allow residential
development and/or mixed use development in Land Use Districts 1 through 4 of the Village Area, and 23 dwelling
units/acre on all properties which allow residential development in Land Use Districts 5 through 9. h is anticipated
that there could be a maximum of 937 additional residential units developed within the Village Area as a result of
the proposed amendments. It is anticipated that there will also be an increase in commercial square footage within
the project area. However, it is not anticipated at this time that the increased development will exceed the
projections set forth in the Local Facilities Management Plan for Zone 1, and specifically the Village Area.
The Growth Management Plan for the City of Carlsbad regulates the maximum number of residential units that can
be constructed within the city limits based on quadrant location. The Village Area is located in the Northwest
Quadrant. The Northwest Quadrant is permitted a total of 15,370 residential units. There are 12,777 existing
residential units in the Northwest Quadrant, and approximately 2, 593 additional units permitted. Currently, all
residential developments must be developed at a density no greater than the growth management control point
(which is the midpoint of the applicable density range) unless a density bonus or increase is approved as set forth
within Chapters 21.53 and 21.86 of the Carlsbad Municipal Code.
Because the Village Area has V-R (Village Redevelopment) zoning rather than any type of residential zoning, there
are no specific residential units assigned to the Village under the Growth Management Plan. As a result, all
residential units within the Village must come from the City of Carlsbad's Excess Dwelling Unit Bank. The total
residential units permitted in the Northwest Quadrant may not be exceeded. However, as long as there are units
available within the Excess Dwelling Unit Bank then additional residential units may be constructed within the
Village. As of July 1, 2007, the Excess Dwellling Unit bank had a balance of 2972 units. In considering the use of
Excess Dwelling units from the bank, the City Council anticipated in December, 2002 that approximately 1000
dwelling units from the bank would be used for new residential development within the Village Area. Based on the
current analysis, it is anticipated that approximately 937 excess dwelling units will be needed for full build out of the
Village Area. The provision for public facilities within the Zone 1 Local Facilities Management Plan, including
parks, libraries, fire protection and police protection services, as well as other services, have been planned to
accommodate the projected growth in the area. As the facilities planning has already been completed and residential
20 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
units are accounted for in the overall "excess dwelling unit bank", the proposed changes in permitted density and
other development standard amendments will not create an unexpected demand for additional future public services.
Future development of the proposed residential units resulting from the proposed amendments will not exceed the
total growth projections anticipated for the area. Therefore, the proposed project will not result in a growth in
housing or other development that will substantially or adversely impact public services.
There are approximately 390 existing residential units within the project area. It is anticipated that these residential
units will remain or be demolished but replaced within the project area as part of a new development At this time, it
is anticipated that there will be no displacement of substantial numbers of people which would necessitate the
construction of replacement housing elsewhere. New residential development and mixed use development (with
residential included) is being encouraged by the proposed amendments to the Village Master Plan and Design
Manual. Therefore, it is anticipated that the loss of housing will be less than significant.
XIII. 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:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
Less than significant impact (ai-v) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not propose or affect any regulation that would result in adverse impacts to the maintenance
of acceptable service ratios, response times or other performance objectives for public services (fire & police
protection, schools, parks and other public facilities). The Village Area is located in the Local Facilities
Management Plan for Zone 1. The provision of public facilities within Zone 1, including parks, libraries, fire
protection and police protection services, as well as other services, have been planned to accommodate the projected
growth for the area. No conflicts with the Zone 1 LFMP have been identified as a result of the proposed
amendments. Future development proposals will be required to demonstrate consistency with the LFMP for Zone 1,
or amend the plan as appropriate.
21 Rev. 01/02/07 3
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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?
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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
No Impact (a&b) - As part of the City's Growth Management Program, a performance standard for parks was
adopted. Any future residential development subject to the amended regulations will be required to comply with the
performance standards of the Growth Management Program, which will ensure that future residential development
will not adversely impact any park facilities.
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) 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)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
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?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
X
X
22 Rev. 01/02/07 i
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
g) Conflict with adopted policies, plans, or programs }£
supporting alternative transportation (e.g., bus turn-
outs, bicycle racks)?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal for physical development of any site. As a result of increased densities
and the modifications to one or more development standards, it is anticipated that there will be an increase in traffic
impacts. However, while there may be an increase in traffic, it is not anticipated at this time that the future
development will exceed projections used to design the existing street system and size the streets to accommodate
traffic from future development projects and cumulative development in the City of Carlsbad. The amendments will
include incentives for reducing vehicle trips to and from the Village Area through encouragement of programs that
support the use of public transportation. In addition, the development standards are specifically designed to
encourage a pedestrian orientation within the Village through integration of a wide mix of land uses in a
concentrated area. While the increase in traffic may be noticeable, it is not anticipated that the proposed amendments
will cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street
system. However, to ensure that the facilities are adequate to accommodate development, there is a performance
standard for traffic as part of the City's Growth Management Program. Future development that is subject to the
amended standards 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. Any future development proposal that is
subject to the amended standards and anticipated to have a substantial impact on traffic will be required to prepare a
site-specific, project specific traffic analysis at the time of application. The development will be required to
implement appropriate measures set forth within the analysis to address any potential traffic impacts created by the
proposed development.
No Impact (b) 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 highway 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 17-35 "A-D" 35-56
El Camino Real 27-49 "A-C" 33-62
Palomar Airport Road 10-57 "A-D" 30-73
SR78 124-142 "F" 156-180
1-5 199-216 "D" 260-272
* The numbers are in thousands of daily trips.
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 buildout ADT projections are based on the full implementation of the region's general and community
plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the
buildout projections. 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.
No Impact (c) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would result in a change in air traffic patterns or result in substantial safety
risks associated with air traffic patterns. The Village Redevelopment Project Area is not located in the vicinity of
the McClellan-Palomar Airport, nor are any aviation components included in the proposed project.
23 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
No Impact (d) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would cause a future project to increase hazards due to a design feature or
incompatible use. All future development projects will have circulation improvements designed and constructed to
City standards; and, therefore, would not result in design hazards.
No Impact (e) - The amendments to the Village Master Plan and Design Manual and related Zoning Ordinance do
not propose or affect any regulation that would result in inadequate emergency access. Any future development will
be designed to satisfy the emergency requirements of the Fire and Police Departments.
Less than Significant Impact (f) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance propose methods for recalculating parking requirements (from gross floor space to net floor
space), providing parking credits, allowance for tandem parking, reduction in parking for implementation of transit-
oriented projects, creative parking alternatives such as parking lifts and elevators, and standard modifications with
justification for development of green buildings. However, it is not anticipated at this time that these amendments
will substantially reduce parking capacity within the Village Area. Any future development will be designed to meet
the parking standards set forth for the applicable land use, with potential reductions only for uses that do not
generate, or will limit, parking demand and/or do not reduce parking capacity within the Village Area.
No Impact (g) - The proposed project does not conflict with adopted policies, plans or programs that support
alternative transportation. The project area has several forms of public transportation within the area including bus
and commuter rail. The Coastal Rail Trail runs through the center of the Village Area, and provides for bicycle and
walking paths. The amendments to the Village Master Plan and Design Manual support alternative forms of
transportation by offering parking reductions and/or modifications for development programs that support public
transportation and/or other development features which support the use of alternate forms of vehicles (such as
electric vehicles).
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
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?
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
X
X
X
24 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
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?
f) 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?
X
X
X
Less than Significant Impact (a-g) - All future development resulting from the Village Master Plan and Design
Manual will be required to comply with all Regional Water Quality Control Board Requirements. The proposed
amendments will allow for development that is consistent with the General Plan and the development strategy set
forth within the Village Master Plan and Design Manual. The LFMP for Zone 1 was prepared with the intention that
the Village Area would be redeveloped over time with more intense development and facilities were planned and
designed to accommodate future development in the area. 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. Although future development in the project area will increase the demand for these
facilities, such development is not anticipated to result in an overall increase in the City's growth projections.
Therefore, the proposed amendments to ultimately allow for redevelopment of the existing infill development within
the Village Area will not result in land use that will result in a significant need to substantially expand or construct
new water facilities/supplies, wastewater treatment or stonnwater drainage facilities.
Future development projects on the site will be required to ensure that waste disposal services are adequate to serve
a proposed project without exceeding landfill capacities. In addition, all future development proposed will be
required to comply with federal, state and local statutes and regulations related to solid waste.
XVII. 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?
b) 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?)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant No
Impact Impact
X
25 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
c) Does the project have environmental effects, which X
will cause the substantial adverse effects on human
beings, either directly or indirectly?
Less than Significant Impact (a) - The amendments to the Village Master Plan and Design Manual and related
Zoning Ordinance do not include a proposal for physical development of any site, and does not propose or affect any
regulation that would 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. The Village Project
Area is an infill developed urban area. There are currently no fish or wildlife species located within the area that
would be impacted by future development.
Less than Significant Impact (b) - Because new development in the Village Area is consistent with the General
Plan and is not anticipated to exceed the projections set forth for the area, the incremental impacts of the project
have not been found to be cumulatively considerable after an evaluation of all potential impacts. After careful
review, there is no substantial evidence that any of the incremental impacts are potentially significant. The impacts
of the project have therefore not been found to be cumulatively considerable.
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 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, including the Village Redevelopment Area, will not result in significant cumulatively considerable
impact.
There are two regional issues that development within the Village Redevelopment Area has the potential to have a
cumulatively considerable impact on. Those issues are air quality and regional circulation. Development of future
projects subject to the amended standards may represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. However, emissions associated with a future development would be
minimal. Given the limited emissions potentially associated with a future development, air quality would be
essentially the same whether or not additional development is implemented.
With regard to circulation, 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 function at acceptable levels of service in the short-term and at build out.
With regard to any other potential impact associated with the project, City standards and regulations will ensure that
development of the site will not result in a significantly cumulatively considerable impact.
Less than Significant Impact (c) - The proposed amendments will not affect any policies or standards that would
conflict with City or region-wide standards. Also, the proposed amendments do not include a proposal for physical
development of any site, and does not propose or affect any regulation that would cause substantial adverse effects
on human beings, either directly or indirectly. Future development within the project area will be required to prepare
project specific reports to assess potential impacts to people affected by the project. Potential impacts will be
identified and mitigation measures proposed. Those mitigation measures will be incorporated into project design or
included as conditions of project approval. Any future development on the site will be required to comply with all
applicable federal, state, regional and city regulations, which will ensure that future development will not result in
adverse impact on human beings, either directly or indirectly.
26 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
XVm. EARLIER ANALYSES
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.
27 Rev. 01/02/07
Project Number(s) - LCPA95-10(a)/ZCA 95-10(a)
Project Name - Village Master Plan and Design Manual Amendments
EARLIER ANALYSIS 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.
Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of
Carlsbad Planning Department. March 1994.
Carlsbad General Plan. September 6, 1994.
Carlsbad Municipal Code. Title 21. Zoning.
Carlsbad Local Facilities Management Plan.
Citv of Carlsbad Geotechnical Hazards Analysis and Mapping Study. November 1992.
28 Rev. 01/02/07
STATE OF CALIFORNIA
O/PLANNING AND RESEARCH
STATE CLEARINGHOUSE AND PLANNING UNIT
ARNOLD SCHWARZENEGGER "#' ftw° 21 A i'0: 53 CYNTHIA BRYANTGOVERNOR ' DIRECTOR
. August24,2007>a{; ^jjffijkjjff^,.,
Debbie Fountain
City of Carlsbad
Planning Department
2965 Roosevelt Street
Carlsbad, CA 92008
Subject: Village Master Plan and Design Manual - Amendments
SCH#: 2007071132
Dear Debbie Fountain:
The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse
after the end of the state review period, which closed on August 22, 2007. We are forwarding these
comments to you because they provide information or raise issues that should be addressed in your final
environmental document.
The California Environmental Quality Act does not require Lead Agencies to respond to late comments.
However, we encourage you to incorporate these additional comments into your final environmental
document and to consider them prior to taking final action on the proposed project.
Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the
environmental review process. If you have a question regarding the above-named project, please refer to
the ten-digit State Clearinghouse number (2007071132) when contacting this office.
Sincerely,
•£.-?,. .£.,,.
/Terry Roberts
Senior Planner, State Clearinghouse
Enclosures
cc: Resources Agency
140010th Street P.O. Box 3044 Sacramento, California 95812-3044
(916)445-0613 FAX (916) 323-3018 wvw.opr.ca.gov •7 f
U. S. Fiah and Wildlife Service
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Rood
Carlsbad, California 92011
(760)431-9440
FAX (760) 431-5902
California Department of Fish and Game
South Coast Region
*949 Viewridge Avenue
San Diego, California 92123
(858)467-4201
FAX (858) 467-4299
In Reply Refer To:
FWS-SDO-5425.1
Ms. Debbie Fountain
Housing and Redevelopment Director
City of Carlsbad
2965 Roosevelt St, Suite B
Carlsbad, California 92008-2335
RECEIVED
AUG 2 3 2007
STATE CLEARING HOUSE
AUG 2 2 2007
B/2Z./07
leek,
e-
Subject: Comments on the Negative Declaration for the Carlsbad Village Master Plan and Design
Manual Amendments, City of Carlsbad, San Diego County, California (SCH #2007071132;
LCPA 95-10[a]/ZCA 95-10[a])
Dear Ms. Fountain:
The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (Department)
have reviewed the Negative Declaration, dated July 23,2007, for the above referenced amendment The
proposed amendment docs not affect any regulation that would result in direct adverse effects on any
sensitive habitat or wildlife. However, in order to avoid potential significant indirect effects, we
recommend that any future development adjacent to Buena Vista Lagoon within the Carlsbad Village
Master Plan Redevelopment Area be consistent with the Coastal Zone wetland buffer standards as
described in the Habitat Management Plan for Natural Communities in flic City of Carlsbad.
We appreciate the opportunity to comment on this negative declaration. Please keep us informed of any
proposed changes to the Carlsbad Village redevelopment area that may affect sensitive biological
resources. If you have any questions or comments pertaining to this letter, please contact'Marci Koski
(Service) at (760) 431-9440, ext. 304, or Janet Stuckrath (Department) at (858) 637-5510.
Sincerely, ,
Therese O'Rourl
Assistant Field Supervisor
U.S. Fish and Wildlife Service
Michael J. Mulligan
Deputy Regional Manager
California Department of Fish and Game
cc:
State Clearinghouse (fax only)
TAKE PRIDED
AMERICA'
of Carlsbad
Housing & Redevelopment Department
August 27,2007
THERESE O'ROURKE
U.S. FIELD AND WILDLIFE SERVICES
CARLSBAD FISH AND WILDLIFE OFFICE
6010 HIDDEN VALLEY ROAD
CARLSBAD, CA. 92011
RE: COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Ms. O'Rourke:
Thank you for your letter dated August 22, 2007 regarding the Negative Declaration for the
revisions to the Carlsbad Village Master Plan and Design Manual. As noted within your
comments, no action is being recommended at this time that would have a direct adverse effect
on any sensitive habitat or wildlife. Any development adjacent to Buena Vista Lagoon, which is
also located within the Village Redevelopment Area, will be subject to the Village Master Plan
and Design Manual as well as any other applicable regulations concerning wetland buffers
and/or adopted Habitat Management Plan(s). No revisions are proposed at this time to the
Village Master Plan and Design Manual that would exempt the subject development projects
from any of the previously adopted Coastal Zone wetland buffer requirements and/or standards.
Thank you again for your comments. As requested, we will keep you informed of any proposed
changes to the Carlsbad Village redevelopment area that may affect sensitive biological
resources. Please contact my office at (760) 434-2935 if you have any other questions.
'FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
STATE OF CALIFORNIA
^PLANNING AND RESEARCH
STATE CLEARINGHOUSE AND PLANNING UNIT
ARNOii) SCHWARZENEGGER t\\r 7~1 A I0: 53 CYNTHIA BRYANT
GOVERNOR TiMl rtU°GOVERNOR TiMl rtU° DIRECTOR
August 23, 2007 CARLSB^^..
.. .-'•«'•- - VtLo;'^-^
Debbie Fountain
City of Carlsbad
Planning Department
2965 Roosevelt Street
Carlsbad, CA 92008
Subject: Village Master Plan and Design Manual - Amendments
SCH#: 2007071132
Dear Debbie Fountain:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. The review period closed on August 22, 2007, and no state agencies submitted comments by that
date. This letter acknowledges that you have complied with the State Clearinghouse review requirements
for draft environmental documents, pursuant to the California Environmental Quality Act.
Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the
environmental review process. If you have a question about the above-named project, please refer to the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
i/Terry Roberts
Director, State Clearinghouse
1400 10th Street P.O. Box 3044 Sacramento, California 95812-3044
(916)445-0613 FAX (916) 323-3018 vww.opr.ca.gov
Document Details Report
State Clearinghouse Data Base
SCW# 2007071132
Project Title Village Master Plan and Design Manual - Amendments
Lead Agency Carlsbad, City of
Type Neg Negative Declaration
Description The proposed project is amendments to Chapter 12.35 of the Carlsbad Municipal Code and to the
Village Master Plan and Design Manual to revise and/or clarify policies for consistency among
regulatory documents and/or to revise one or more development standards, including an increase in
residential density, for the Village Redevelopment Project Area only. These amendments, which
ultimately will include an amendment to the Local Coastal Program for the Village Area, will assist in
the continued facilitation of the development of high quality redevelopment projects in the Village
Redevelopment Area of Carlsbad. The project applies to regulations that area applicable to properties
within the boundaries of the Village Redevelopment Area only. There is no specific development
project site with a specific environmental setting or surrounding land uses identified at this time.
Lead Agency Contact
Name Debbie Fountain
City of Carlsbad
(760) 434-2935 Fax
Agency
Phone
email
Address
City
Planning Department
2965 Roosevelt Street
Carlsbad State CA Zip 92008
Project Location
County San Diego
City Carlsbad
Region
Cross Streets
Parcel No. Multiple
Township Range Section Base
Proximity to:
Highways I-5
Airports McClellan and Palomar
Railways NCTD
Waterways Pacific Ocean and Buena Vista Lagoon
Schools Jefferson Elementary
Land Use Currently all property within the Village Redevelopment Area is zoned V-R (Village Redevelopment)
and the general plan designation is V (Village). The permitted, provisional, accessory and/or not
permitted land uses are set forth within a matrix within the Village Master Plan and Design Manual.
There are no proposed zone changes or general plan amendments proposed as part of the subject
project.
Project Issues
Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish
Agencies and Game, Region 5; Department of Fish and Game, Marine Region; Department of Parks and
Recreation; Department of Water Resources; Caltrans, Division of Aeronautics; California Highway
Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Native American
Heritage CommissionrPablnrOtilitiesCommission
Date Received 07/24/2007 Start of Review 07/24/2007 End of Review 08/22/2007
Note: Blanks in data fields result from insufficient information provided by lead agency.
U. S. Fish and Wildlife Service
Carlsbad J'ish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 92011
(760)431-9440
FAX (760) 431-5902
California Department of Fish and Game
South Coast Region
" 9Wvi*%idge Avenue
San Diego, California 92123
21(858)467-4201
hi Reply Refer To:
FWS-SDG-5425'1 AUG 222007
Ms. Debbie Fountain
Housing and Redevelopment Director
City of Carlsbad
2965 Roosevelt St., Suite B
Carlsbad, California 92008-2335
Subject: Comments on the Negative Declaration for the Carlsbad Village Master Plan and Design
Manual Amendments, City of Carlsbad.. San Diego County, California (SCH #2007071132;
LCPA 95-10[a]/ZCA 95-10[a])
Dear Ms. Fountain:
The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (Department)
have reviewed the Negative Declaration, dated July 23,2007, for the above referenced amendment. The
proposed amendment docs not affect any regulation that would result in direct adverse effects on any
sensitive habitat or wildlife. However, in order to avoid potential significant indirect effects, we
recommend that any future development adjacent to Buena Vista Lagoon within the Carlsbad Village
Master Plan Redevelopment Area be consistent with the Coastal Zone wetland buffer standards as
described in the Habitat Management Plan for Natural Communities in the City of Carlsbad.
We appreciate the opportunity to comment on this negative declaration. Please keep us informed of any
proposed changes to the Carlsbad Village redevelopment area that may affect sensitive biological
resources. If you have arty questions or comments pertaining to this letter, please contact Marci Koski
(Service) at (760) 431-9440, ext. 304, or Janet Stuckrath (Department) at (858) 637-5510.
Sincerely,
Therese O'Rourke
Assistant Field Supervisor
U.S. Fish and Wildlife S«Tvice
Michael J. Mulligan
Deputy Regional Manager
California Department of Fish and Game
cc:
State Clearinghouse (fax only)
TAKE
STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
320 WEST 4™ STREET, SUITE 500
LOS ANGELES, CA 90013
August 15, 2007
Debbie Fountain
City of Carlsbad
2965 Roosevelt Street
Carlsbad, CA 92008
Dear Ms. Fountain:
Re: SCH# 2007071132; Village Master Plan and Design Manual-Amendments
The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway-rail
crossings (crossings) in California. The California Public Utilities Code requires Commission approval
for the construction or alteration of crossings and grants the Commission exclusive power on the design,
alteration, and closure of crossings.
The Commission is in receipt of the 'Notice of Completion & Environmental Document Transmittal-Neg
Dec from the State Clearinghouse. RCES recommends that the City add language to the Amendments so
that any future planned development adjacent to or near NCTD's right-of-way be planned with the safety
of the rail corridor in mind. New developments may increase traffic volumes not only on nearby streets
and at intersections, but also at the Grand Avenue (DOT 026820X), Carlsbad Village Drive (DOT
02682IE) and Tamarack Avenue (DOT# 026822L) crossings. This includes considering pedestrian
circulation patterns/destinations with respect to railroad right-of-way.
Safety factors to consider include, but are not limited to, the planning for grade separations for major
thoroughfares, improvements to existing at-grade highway-rail crossings due to increase in traffic
volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of-way.
Please advise us on the status of the project. If you have any questions in this matter, please contact me at
(213) 576-7078 or at rxm@cpuc.ca.gov.
Sincerely,
RosaMunoz,PE
Utilities:Engmder ;. ^/ ' ~
Rail Crossings'Ehgineering Section ' ^
Consumer Prqteclidri &:Safety Division "'
C: Keith Rranda,Nen6 :
of Carlsbad
Housing & Redevelopment Department
August 27, 2007
ROSA MUNOZ
UTILITIES ENGINEER - RAIL CROSSINGS
PUBLIC UTILITIES COMMISSION
320 WEST 4™ STREET, SUITE 500
LOS ANGELESE, CA. 90013
RE: COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Ms. Munoz:
Thank you for your letter dated August 16, 2007 regarding the Negative Declaration for the
revisions to the Carlsbad Village Master Plan and Design Manual. Per your request, language has
been added to the amendments that require any future development adjacent to or near NCTD's
right-of-way be planned with consideration given to the safety of the rail corridor. This
consideration will be given at the project-specific level and a determination will be made at that
time as to whether or not any additional safety measures are required.
Thank you again for your comments. Please contact my office at (760) 434-2935 if you have any
other questions.
r~ . .
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
Tribal Council
SAN LUIS KEY BAND
of Mission Indians
JUL200?
Planning Department
'- City of
-£,
Russell Romo
Captain
Carmen Moj'ado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftlie Treasury
Tom Beltran
Secretary of Economic
Development
AlCerda
Secretary of Tribal Ethics
and Information
Qara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vemon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Adinsor
Merri Lopez, Esq.
Tribe Legal AJvifor
Contact infonnjlion
1889 Sunsel Drive
Vista, CA 92081
Tel: (760) 724-8505
Fax: (7ftO) 724-2172
Ke\-ised: 01 05
Re: Comments on Propped
/L
Dear /?/ -rr/)I XT tLrt'sfl/srM/ Ax/
The San Luis Ijfey Band
commerats on the'proposed
is#ey
~r~&L,
mits the following
("Proiect"\
San Luis Rey Band ("Band" or "Tribe") is a San Diego County Tribe
whose traditional territory includes the current cities of Vista, Oceanside,
Carlsbad, San Marcos and Escondido, among others. The Band's primary
concerns are the preservation and protection of cultural, archaeological, sacred
and historical sites of significant to the Band located within the Project area.
The Band is concerned about protecting the unique and irreplaceable
cultural resources which will be affected by the Project. The Tribe is also
concerned about the appropriate and lawful treatment of Native American human
remains and cultural and sacred items which are likely to be disturbed during the
Project's development and ground disturbing activities. The Band does have a
Most Likely Descendant on file with the Native American Heritage Commission
in the event that human remains are discovered during the grading process.
The need for mitigation measures for this Project are undisputed. The
strongest protections must be afforded to protect these invaluable resources. The
Band intends to use all appropriate and necessary procedures available to ensure
that these resources are property addressed via the CEQA and SB 18 processes.
To ensure a complete and undisputed understanding by all parties
regarding the protection otthese priceless resources, the Band respectfully
Page 1 of 3
Tribal Council
SAN LUIS RE Y BAND
of Mission Indians
Russell -Romo
Captain
Carmen Mojado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftlie Treasury
Tom Beltran
Secretary of Economic
Development
AlCerda
Secretary of Tribal Ethics
and Information
Clara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vemon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Tribe Legal AJ:n*or
Contact infpnnalion
1889 Sunset Drive
Vista, CA 92081
Tel: (760) 724-8505
Fax:(760)724-2172
Re\-ixed: dl <>5
requests that the following mitigation measures be added as mandatory
conditions for approving the grading permit for the Project. The Developer must
be required to submit written proof of these requirements before the permit may
be issued.
1. The Developer must execute a Pre-Excavation Agreement with
the Band prior to any ground-disturbing activities on the Project
site. The agreement will, at minimum, include the following
provisions:
A. Require appropriate treatment of human remains and
cultural items.
B. Require a good faith effort by the parties to agree on what
is appropriate treatment and dignity when addressing
human remains and cultural items.
C. Require that any human remains or cultural items
recovered during the grading process be returned to the
Band, and not curated in a facility absent the express
written consent of the Band.
D. Require avoidance for all significant and sacred
archaeological sites which may be found during
development. Avoidance is the preferred method of
preservation under CEQA for such resources.
E. Require Native American monitors to be present during all
ground-disturbing activities.
F. Provide for the compensation of tribal monitors at the
expense of the Developer.
2. Additionally, the Band requests that Native American monitors be
added as a mandatory requirement, in addition to any
archaeological monitor required by state law.
With these clarifications, the San Luis Rey Band believes that the
mitigation measures described above will provide adequate protection for the
cultural resources and human remains that may be discovered in the Project area.
The Band intends to carefully monitor this Project to ensure that the requirements
imposed by-CEQA and SB 18 are rigorously applied for the duration of the
Project.
Page 2 of 3
/DO
Tribal Council
Russell Romo
Captain
Carmen Mojado
Secretary of Government
Relations
Charlotte Herrera
Secretary oftlie Treasury
Tom Beltran
Secretary of Economic
Development
AlCerda
Secretary of Tribal Ethics
and Information
Clara Guy
Tribal Elder
Henry Contreras
Council Member
Mel Vemon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Tribe Legal Advisor
SAN LUIS KEY BAND
of Mission Indians
id truly appreciates the commitment of
to continue consultation with the Tribe during/the Project. We
look forward \o continuing this positive relationship and we tHank y&b for your
assistance in protecting our invaluable Luisefio cultural resources.
Contact informulion
1889 Sunset Drive
Vista, CA 92081
TeJ: (760) 724-8505
Fax:(760)724-2172
Rn-iscd: (II 05
tomo, Tribal Captain
San Luis Key Band of Mission Indians
Page 3 of 3
of Carlsbad
Housing & Redevelopment Department
August 27, 2007
RUSSELL ROMO
SAN LUIS REY BAND OF MISSION INDIANS
1889 SUNSET DRIVE
VISTA, CA. 92081
RE: COMMENTS ON THE NEGATIVE DECLARATION FOR THE CARLSBAD
VILLAGE MASTER PLAN AND DESIGN MANUAL
Dear Mr. Romo:
Thank you for your letter dated July 23, 2007 regarding the Negative Declaration for the
revisions to the Carlsbad Village Master Plan and Design Manual. The Redevelopment Agency
understands the concerns of the San Luis Rey Band of Mission Indians. At this time, no specific
project has been proposed which would directly impact any cultural, archaeological, sacred or
historical site within the Village Area of Carlsbad. The proposed revisions to the Village Master
Plan and Design Manual are general in nature and are not being applied to a specific project at
this time. There is no specific grading permit being issued as a result of approval of the subject
revisions to the Village Master Plan and Design Manual. Any ground-disturbing activities in the
future will be required to comply with all applicable regulations as related to the protection of
cultural resources and human remains discovered in the Village Area.
Thank you again for your comments. Please contact my office at (760) 434-2935 if you have any
other questions.
DEBBIE FOUNTAIN
Housing and Redevelopment Director
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2335 • (760) 434-2810/2811 • FAX (760) 720-2037
ion-
8
LEGISLATIVE DRAFT
PROPOSED ZONE CODE AMENDMENT
Chapter 21.35 V-R VILLAGE REDEVELOPMENT ZONE
21.35.010 Intent and purpose.
21.35.020 Incorporation of redevelopment plan and village master plan and design manual
by reference.
21.35.030 Land affected by this chapter.
21.35.040 Permitted uses.
21.35.050 Provisional uses.
21.35.060 General regulations.
21.35.070 Redevelopment permit.
21.35.080 Redevelopment projects.
21.35.085 Permit application.
21.35.090 Housing and redevelopment director action.
21.35.100 Design review board action.
21.35.110 Effective date of order-Appeal of design review board decision.
21.35.115 Housing and redevelopment commission action.
21.35.117 Notice of public hearings.
21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
21.35.150 Amendments.
21.35.010 Intent and purpose.
The village redevelopment zone is intended to establish land use classifications and develop
standards and procedures for that area of the city described in the Carlsbad village area
redevelopment plan, as adopted by city council Ordinance No. 9591. This zone adopts the land
use classifications and development standards of the Carlsbad village area redevelopment plan
and of the village master plan and design manual adopted pursuant to the redevelopment plan as
the zoning for the area designated. (Ord. NS-330 § 4 (part), 1995}
21.35.020 Incorporation of redevelopment plan and village master plan and design
manual by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No.
9591 on July 21, 1981, and the village master plan and design manual as adopted by Carlsbad
housing and redevelopment commission Resolution No. 271 on November 21, 1995, and
modified by Carlsbad housing and redevelopment commission Resolutions No. 280 on August
13, 1996, No. 291 on December 16, 1997, and No. 379 on April 13, 2004, and modified by
Carlsbad housing and redevelopment commission Resolution No. on , 2007 are
hereby adopted by reference and incorporated into this chapter. (Ord. NS-703 § 2, 2004: Ord.
NS-439 § 11, 1998: Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 § 4 (part),
1995)
21.35.030 Land affected by this chapter.
This chapter shall apply only to lands located within the boundaries of the Carlsbad village area,
the boundaries of which are described in the Carlsbad village area redevelopment plan. (Ord. NS-
330 §4 (part), 1995)
21.35.040 Permitted uses.
Only those uses specified in the Carlsbad village area redevelopment plan and the village master
plan and design manual as permitted uses for particular property in the village redevelopment
area shall be permitted. (Ord. NS-330 § 4 (part), 1995)
21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the
village master plan and design manual shall be permitted upon issuance of a redevelopment
permit approved according to this chapter. (Ord. NS-330 § 4 (part), 1995)
21.35.060 General regulations.
Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad
village redevelopment plan or the village master plan and design manual, the regulations of this
title which apply to uses generally or generally to all zoning classifications shall apply to property
and uses in this zone. (Ord. NS-330 § 4 (part), 1995)
21.35.070 Redevelopment permit.
Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no
development shall occur in the area subject to this chapter without a redevelopment permit. (Ord.
NS-330 § 4 (part), 1995)
21.35.080 Redevelopment projects.
(a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An
exempt project is one which is exempt from the requirement to obtain a coastal development
permit in accordance with Section 21.81.030; and requires no redevelopment permit or other
discretionary approvals, and includes but is not limited to:
iCU Interior or^Exjerjprimprgyemejits^tg^existJng^sJrxictures which djp not result in the intejisijvof
use of a structure: and/or
Deleted: , except an administrative
variance within the authority of either
the director of planning or the housing
and redevelopment director
Deleted:
(2) Additions to existing structures which result in a cumulative increase of less than 10% of the
internal floor area: and/or
(3) Changes in permitted land uses which do not require site changes, result in increased APT,
result in increased parking requirements, or result in compatibility issues or problems: and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat: and/or.
(5) Repair or maintenance activities which are exempt from a coastal development permit: and/or.
(6) Activities of public utilities regulated by a government agency: and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such demolition activity has the potential to have an adverse
impact on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of redevelopment permits required for nonexempt
projects. One permit for each type of redevelopment project described as follows:
(1) Administrative Redevelopment Project. An administrative redevelopment project is one which
results in minor new construction and/or a change in a development which /equires no other
discretionary approvals, except an administrative variance within the authority of either the
director of planning or the housing and redevelopment director, andrincludes, butjs not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an estimated permit
value of less than sixty thousand dollars: and/or
(B) Interior or exterior improvements to existing structures which result in an intensity of use;
and/or
(C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or
(D) Changes in permitted land uses which result in site changes, increased ADT, increased
parking requirements, or result in compatibility issues/problems; and/or
(E) Signs for existing businesses or facilities; and/or
(F) Repair or maintenance activities which are not exempt projects: and/oi;
(G) Demolition of a structure that has the potential to have an adverse impact on coastal
resources and/or public access to the coast.
(2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify
as an administrative redevelopment project and involves new constructionTwjth an estimated
permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars.
(3) Major Redevelopment Project. A major redevelopment project is one which involves new
construction, with an estimated permit value of one hundred fifty thousand dollars or more. (Ord.
NS-330 § 4 (part), 1995)
21.35.085 Permit application.
(a) An application for a redevelopment permit for a non-exempt project as defined in Section
21.35.080 may be made by the record owner or owners of the property, or the authorized agent
or agents for the property, on which the development is proposed. The application shall be filed
with the director upon forms provided by the director, and shall be processed in accordance with
the provisions of Section 21.54.010 of this code.
(b) If signatures of persons other than the owners of property making the application are required
or offered in support of, or in opposition to, an application, they may be received as evidence of
notice having been served upon them of the pending application, or as evidence of their opinion
on the pending issue, but they shall in no case infringe upon the free exercise of the powers
vested in the city as represented by the design review board and the housing and redevelopment
commission.
(c) The application shall be accompanied by a fee in the amount established by city council
resolution. No application shall be accepted or deemed accepted until the appropriate fee or fees
have been paid. (Ord. NS-330 § 4 (part), 1995)
Deleted: involves development with
an estimated permit value of less than
sixty thousand dollars, and
Deleted:,
Deleted: ing
Deleted:.
Deleted: development
{ Deleted; development
It*
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if the project
is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be
required for a project which is exempt from the requirements of this chapter.
The director shall determine the exemption based on the certified local coastal program, including
maps, categorical exclusions and other exemptions, land use designations, zoning ordinances
and the village master plan and design manual. In granting an exemption, the director may
impose such conditions as are necessary to protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten calendar days of
the determination that the application is complete. The decision of the director on all exempt
determinations is final, (subject to the potential dispute resolution process as provided in Section
21.81.050).
The director shall maintain a record of all determinations made on projects exempt from the
requirements of this chapter. The records shall include the applicant's name, an indication that
the project is located in the village area, the location of the project, and a brief description of the
project. The record shall also include the reason for exemption.
(b) The director may approve, conditionally approve or deny administrative redevelopment
permits as defined in Section 21.35.680, subject to appeal to the design review board.
(c) After all necessary reports and recommendations have been received the director shall
transmit the application for a minor or major redevelopment permit together with the reports and
the recommendations of the appropriate departments to the design review board for a public
hearing.
(d) The director shall transmit to the design review board all timely appeals on administrative
permits and administrative variances.
(e) The director may grant, conditionally grant or deny applications for the types of administrative
variances set forth in Section 21.51.020 of this code and in accordance with the procedures
provided in Chapter 21.51 of this code, except that the director and the design review board shall
serve as the appropriate approving bodies for projects within the village redevelopment area. If
the project includes other discretionary approvals outside the director's authority, the director
shall set the consolidated project for public hearing by the design review board.
(f) The effective date of order of a housing and redevelopment director decision and the method
for appeal of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 §
33, 2003; Ord. NS-330 § 4 (part), 1995)
21.35.100 Design review board action.
(a) The design review board shall hold a public hearing on:
(1) Appeals of decisions made by the director on administrative redevelopment permits as
defined in Section 21.35.080 or administrative variances;
(2) Minor or major redevelopment permits and tentative maps: and
(3) Nonadministrative variances for which the board has final decision-making authority pursuant
to Section 21.35.130(b).
(b) 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.
(c) The board shall have sole authority to consider the evidence and by resolution report and
recommend to the housing and redevelopment commission and/or city council approval,
conditional approval, or denial of revisions to applicable chapters of the Carlsbad Municipal
Code, Village Redevelopment Plan, Village Master Plan and Design Manual and/or other policy
documents specifically related to activities which benefit and/or otherwise Impact the Village
Redevelopment Areat(Ord. NS-675 §34, 2003: Ord. NS-330 §4 (part), 1995) { Deleted:
21.35.110 Effective date of order-Appeal of design review board decision.
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. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2,
1999: Ord. NS-330 § 4 (part), 1995)
21.35.115 Housing and redevelopment commission action.
The housing and redevelopment commission shall hold a public hearing on:
(a) Any major redevelopment permit and/or tentative map for which the design review board has
filed a report and recommendation with the city clerk; or
(b) Any other matter made appealable to the commission by this chapter and which has been
timely appealed. (Ord. NS-330 § 4 (part), 1995)
21.35.117 Notice of public hearings.
Notice of any public hearing required by this chapter shall be given as provided in Section
21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995)
,21.35,120 Consolidation of other permits and discretionary approvals-Findings
requirements.
(a) Whenever a project would require a permit or approval under the provisions of this
title and/or Title 20, notwithstanding this chapter, the redevelopment permit shall be
deemed to satisfy the requirements for such permit or approval; provided, however, that
in considering the redevelopment permit for said project the director, design review board
and the housing and redevelopment commission shall apply the provisions of this chapter
and Title 20, if applicable for a tentative or final map, and the provisions of this title and
Title 20, otherwise applicable to such other permit or approval for the project.
(b) Whenever a project consists only of exemption determinations and/or administrative
permits or administrative variances within the authority of either the director of planning
or the director, they shall be consolidated and considered by the director, subject to
appeal to the design review board with regard to determinations other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the director's
administrative permit or administrative variance authority, the administrative permit
and/or administrative variance aspects shall be consolidated with the other matters and
submitted to the design review board.
(d) No variance, determination of exemption or administrative, minor or major
redevelopment permit shall be granted unless the decisionmaker finds, in addition to any
other findings otherwise required for the project, that the project as approved, or
conditionally approved is consistent with this code, the general plan, the Carlsbad village
area redevelopment plan and the village master plan and design manual. (Ord. NS-330 §
4 (part), 1995)
Deleted:
H
H
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 vicinity and under
identical zoning classification;
(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;
(3) The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property;
(4) The variance is consistent with the general purpose and intent of the general plan,
Carlsbad village area redevelopment plan, and the Carlsbad village redevelopment master
plan and design manual;
(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.
(b) An application for a variance shall be processed in the same manner established by
this chapter for a redevelopment permit.
(c) 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) 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.
(Ord. NS-675 § 36, 2003: Ord. NS-330 § 4 (part), 1995)
21.35.135 Extension of redevelopment permit
An application for a time extension For a redevelopment permit shall be processed
directly by the Final approving authority for a redevelopment permit as set forth within
this chapter, unless authority is granted otherwise by the final approving authority. For
example, the housing and redevelopment commission has final approving authority for all
major redevelopment permits and subsequently for all related time extensions. The time
extension application may be submitted directly to the housing and redevelopment
commission for approval, and/or the commission may grant approval authority to the
design review board and/or housing and redevelopment director.
21.35.140 Compliance with other provisions of this code.
Projects developed pursuant to this chapter shall be subject to the provisions of the
Carlsbad village area redevelopment plan and the village master plan and design manual
and all other applicable provisions of the Carlsbad Municipal Code, including but not
limited to those provisions of Titles 18, 19 and 20. (Ord. NS-330 § 4 (part), 1995)
21.35.150 Amendments.
^Amendments to the Carlsbad village area redevelopment plan or the village master plan
and design manual shall be deemed to be amendments to this chapter; provided, however,
that such amendments are processed and noticed in a manner which meets the
requirements of Chapter 21.52 of this code. Amendment of the village master plan and
design manual by housing and redevelopment commission resolution, with a
recommendation from the design review board, shall be deemed to satisfy the
requirements of Chapter 21.52 of this code, provided all other requirements are met.
(Ord. NS-330 §4 (part), 1995)
Formatted: Font: (Default) Times
New Roman, 12 pt
LEGISLATIVE DRAFTS
MODIFIED PAGES
VILLAGE MASTER PLAN & DESIGN MANUAL
Preface
This document has been prepared to serve a variety of purposes. First, the Village Master Plan and Design Manual is the City of
Carlsbad's Official Statement of design, land use, and redevelopment' strategy policy for the Village Redevelopment Area; it
implements the Carlsbad Village Area Redevelopment Plan which is the legal document that establishes the boundaries of the
redevelopment area and sets forth the framework for redevelopment activities. Second, the Village Master Plan and Design
Manual; the Carlsbad Village Area Redevelopment Plan, together with the implementing ordinances and Manual of Policies and
Procedures serve as the Local Coastal Plan for the Carlsbad Village Redevelopment Area pursuant to requirements of the
California Coastal Act.
For the purposes of this document, the term "Master Plan" shall mean a "plan which gives overall guidance for redevelopment
activities within the Village Redevelopment Area." The Village Redevelopment Plan is basically a specific plan which implements
the General Plan for the City of Carlsbad within the Village Redevelopment Area. The Village Master Plan and Design Manual
document is an implementing document which further specifies the land use policy and Redevelopment Strategy for'the Village.
This document establishes a "Vision" for the ideal future character and development of the Village Redevelopment Area and then
sets forth an implementation strategy or "roadmap" for obtaining the goals identified for the area by:
• Providing guidance to property owners, merchants, and others interested in development or property improvements within the Village;
• Providing guidance to City Staff members in interpreting planning and zoning requirements for properties within the Village;
• Providing the Design Review Board with principles, standards and design guidelines which may be applied to proposed improvements within
the Village; and
• Providing a strategy for implementing various programs/projects to assist in eliminating blight and revitalizing the Village
Redevelopment Area.
t. _
This document is divided into three (3) general sections. Section 1 contains a brief history of the redevelopment area, a
vision for the Village, goals and objectives and instructions for using the manual. Section 2 consists of Chapters 2 through 8
which make up the Village Design Manual for the Village Redevelopment Area. This document is referenced in the Carlsbad Village
Redevelopment Plan and serves as the official statement of design and land use policy for the Village. Section 3 contains the
Implementation Program, or Strategy, for the redevelopment area for the next approximately ten (10) years of the Village
Redevelopment Plan. The Village Design Manual (Section 2) primarily focuses on private development and public improvements
related to development within the area. The Implementation Program addresses such issues as cultural activities, historic
preservation, business attraction/retention and other activities which assist in the revitalization of the redevelopment area.
Deleted: Upon approval by the
Housing and Redevelopment
Commission of the City of
Carlsbad, this entire
document shall replace the
revised Village Design
Manual adopted in 1982 and
certified by the Coastal
Commission in 1988. For
portions of the Village
which are within the Coastal
Zone, the land uses,
standards and 1
guidelines contained within
this document shall not
become effective until this
amended document has been
approved and certified by
the State Coastal Commission
or by its Executive Director
pursuant to Coastal
Commission regulations. 1
\~»
Effective Date of Regulations
The policies, regulations, guidelines and procedures set forth within this Village Master Plan and Design Manual are effective
within the boundaries of the Village Redevelopment Area only. These policies, regulations, guidelines and procedures are not
applicable within the remainder of the City limits of the City of Carlsbad.
The Housing and Redevelopment Commission and the City Council approved the policies, regulations, guidelines and procedures set
forth within this Village Redevelopment Master Plan and Design Manual on December 5, 1995. The policies, regulations,
guidelines and procedures were effective after a 30 day notice period which was January 5, 1996, in all areas of the Village
Redevelopment Area, except those areas of the Village which were also located in the Coastal Zone.
The California Coastal Commission approved and certified the document as of September 12, 1996. As a result of the Coastal
Commission's approval and certification of the Village Master Plan and Design Manual, the policies, regulations, guidelines and
procedures set forth within this document became fully effective in all areas of the Village, including those areas located
within the Coastal Zone, as of September 12, 1996.
This document has been retyped, reformatted and reprinted from its original version which was fully effective on September 12,,
1996. The pages were also renumbered. There, however, have been no changes in the approved content set forth within the
document. The retyped, reformatted and reprinted version of this document was available for distribution as of April 2, 1998.
The original version of the document remains on file for reference purposes.
Fully Effective Date of the Village Master Plan and Design Manual:
For properties within the Village but outside the Coastal Zone: January 12, 1996
For properties within the Village and also within the Coastal Zone: September 15, 1996
Effective Date(s) of Amendments
The Housing and Redeyelopment Commission and the City Council approved amendments to the policies, regulations, guidelines and
procedures set forth within this Village Master Plan and Design Manual or. (add date of approval). The policies, regulations,
guidelines and procedures were effective after a 30 day notice period which was (add date), in all areas of the Village
Redevelopment Area, except those areas of the Village which are located in the Coastal Zone. The California Coastal Commission
SEPJOjyjsd jind_certifled the document as of (acid the date) .
Pages within_ the document ws^e jrenurobered _as appropriate to accommodate the amendments._ The document has been retyped,
reformatted and reprinted, as necessary.
Fully Effective Date(s) of the amended Village Master Plan and Design Manual:
For properties within the Village but outside the Coastal Zone: (add the date)
For properties within the Village and also within the Coastal Zone: (add the date)
ALLOWABLE LAND USES
On the following pages, land use charts are provided which list the various types of land uses which are permitted," {Formatted: Justified
provisional, accessory or not permitted as a result of adoption of this land use plan within the Village Master Plan and Design
Manual. The uses are listed alphabetically by category of land use and according to land use district. For example, for
information on where a motel could be located within the Village Redevelopment Area, an applicant/ developer would find "motel"
(use) under the "commercial services" (category) within the land use chart and learn that motels are permitted by right in Land
Use District 9, provisionally in Districts 1 and 3, and not permitted in Districts 2, 4 through 8.
There are eight (8) land use categories listed within the following land use charts. The categories are identified and defined
below:
1. Commercial Services. These are uses where there is generally an exchange or buying and selling of a service commodity. This
relates specifically to services which a person, or persons, may provide to another person, or persons. As examples, these uses
include automotive repair services, beauty salons, health clubs, hotels, travel agents and music schools.
2. Entertainment and Recreation. These are uses which generally provide an activity which is diverting or engaging, usually an
activity which is sought for relaxation and amusement. As examples, these uses include: an art gallery, swim club, cinema, and
a park.
3. Food Services. These are uses which generally allow for the purchase of food and/or beverage items which have been prepared
and served, or made available for purchase, by another person intended to be consumed either on or off the premises. As
examples, these uses include fast food restaurants, quick stop food stores, restaurants and sidewalk cafes.
4. Light Industrial. These are uses which generally provide for small scale manufacturing of products through the use of
specialized tools and machines. In some cases, these are also uses which result in larger scale commercial operations which are
primarily designed to provide services to manufacturers in either the transportation of goods or other types of services. As
examples, these uses include cabinet shops, research laboratories, machine shops, parcel delivery services, and wholesale
businesses.
5. Offices. These are uses which generally provide for a place where a particular kind of business is transacted or a service
is supplied. As examples, these are places where a professional person such as an attorney, contractor, investment officer, or
a doctor conducts business.
6. Residential. These are uses which generally provide for a dwelling place. As an example, these are places such as single-
family homes or an apartment where a person lives, or persons live, on a permanent or continuous basis.
7. Retail Businesses. These are uses which generally provide for the sell of small quantities of commodities or goods directly
to the ultimate consumer. As examples, these uses include businesses which sell appliances, crafts, clothing, florists,
hardware, pets or pet supplies, videos, and/or musical recordings.
8. Miscellaneous. The miscellaneous category has been established to encompass the various land uses which do not clearly fit
into one of the above categories.
ALLOWABLE LAND USES
The land uses noted below are listed in alphabetical order by category
and according to land use district. The chart provides information on the
type of land uses which are permitted, provisionally permitted or not
permitted within a given land use district. Definitions for these
categories can be found on page 2-24. Following the land use charts are
"Provisional Land Use Standards" which are listed by either category or
specific use; these standards are provided for selected provisional land
uses to identify special considerations, findings and conditions which
will be used to determine whether or not the identified use will be
permitted within the subject land use district.
DISTRICT USES
The key for the chart is:
LAND USE DISTRICTS
LAND USES
Video Sales/Rental
MISCELLANEOUS
Churches (or similar
facilities)
Youth Facilities
Trailer Park
1
0
X
X
2
0
0
X
3
0
0
X
4
a
0
X
5
0
0
X
6
0
0
0
X
7
X
0
0
X
8
X
0
0
X
9
0
X
0
Transportation Corridor
Portions of Land Use Districts 1, 4, and 6 which are located within the
Village Redevelopment Area are also located within the Transportation
Corridor. The highlighted .^rea on the map that follows, indicates the
boundaries of the transportation Corridor.
££r those properties which are located Jjoth within the boundaries of. the
Village Redevelopment Area .and the Transportation Corridor, the following
land uses are the juses which will be permitted:
The following transit-related uses shall be permitted: Field and Seed
Crops; Truck Crops; Horticulture Crops; Orchards and Vineyards; Tree
Farms; Fallow Lands; Light-Rail and other Public Transit Transmission
Facilities; .Light-Rail and/or public transportation, Maintenance/Repair
Facilities; Light-Rail Stations; Passive Open Space; Bicycle Paths;
Pedestrian Trails; Private or Public Parking Lots; and Railroad Tracks.
The permitted, provisional and accessory land uses allowed in Districts
1, 4 and 6, respectively, as set forth in the land use matrix of this
Village Master Plan and Design Manual will also be allowed on the
properties located within the corresponding and adjacent portions of the
Transportation Corridor. All non-transit related development shall comply
with all regulations and procedures set forth within this Village Master
Plan and Design Manual.
• Permitted Use
o Provisional Use
A Accessory Use
X Not Permitted
Footnptes
(1) Office uses permitted on Roosevelt Street
only.
(2) The ground floor of all approved mixed use
projects shall be devoted to commercial uses.
(3) No drive-thru.
•See specific land use under Provisional Use
Standards.
**See Self-Improvement Services under Provisional
Use Standards.
***See Sport Entertainment Uses under Provisional
Use Standards.
General Notes
B Outdoor seating in ROW is permitted in
Districts 1, 2, 5 & 9, only with a provisional
use permit approved by the Housing & Redevelop-
ment Director.
H All existing uses which are noted as "not
permitted" within a land use district "rioted on
this land use chart shall be allowed to remain
pursuant to the non-conforming regulations set
forth within this chapter. No expansion or
intensification of non-conforming uses will be
permitted.
El No Adult Entertainment Uses permitted within
any land use district within the Village.
H For all Village properties which are also
located within the Coastal Zone, the primary
permitted land uses for all ground floor space
shall be those which are visitor-serving
commercial. Visitor-serving commercial uses
include but are not limited to: hotels, motels,
restaurants, recreational or tourist
information facilities, souvenir, gift or
novelty shops and/or services which will aid in
Deleted: shaded
Deleted: areas within
Districts 1, 4, and 6 which
are located within the
Deleted: Notwithstanding the
previous land use charts and
the Carlsbad Municipal Code,
Deleted: f
-( Formatted: Underline
(Formatted: Underline
Deleted: only
Deleted:
, (Deleted:
Deleted: Any other use,
including commercial and
retail businesses, mixed use
projects or residential
projects, shall not be
permitted without the
completion of a Master Plan
for the Transportation
Corridor which would need to
be reviewed and approved by
the California Coastal
Commission asl
Local Coastal Program
Amendment.
the comfort/enjoyment of a tourist or regional
guest's visit to the area. All other land uses,
which are not expressly prohibited as noted
herein, shall be provisional or accessory uses;
these uses must be approved, or conditionally
approved, via the redevelopment permit process.
Uni irersal Standards
The
all
JDev<
;e standards are applicable to
development in the Village Area.
lopment Standard Modifications
Mod:
star
HOUJ
all
A ret
app!
stai
toj
devf
or 1
a cc
to r
of t
cert
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tne
Comr
the
the
dev(
the
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mod:
lim:
fications to the development
dards may be permitted by the
ing and Redevelopment Commission in
land use districts of the Village
for developments where the
leant can provide acceptable
ence that a requested development
dard modification is 1) necessary
rovide housing affordable to low
or moderate jncome households,
or 2) necessary in order for the
lopment to qualify for silver level
igher LEED (Leadership in Energy &
ronmental Design) Certification, or
mparable _greeri building rating, and
.aintain the financial feasibility
he development with such
ification. Development standard
fications may also be permitted by
Housing and Redevelopment
lission if the applicant can provide
ptable evidence that application of
development standards will preclude
construction of a residential
lopment at densities at or above
minimum set forth for the
icable land, use district.
ugh redevelopment permit approvals,
fications may include, but are not
ted to:
Density
parking standards
building setbacks
height
open space
General Plan
All redevelopment projects must be
consistent with all General Plan
policies, goals, and action
programs.
Residential Density
The properties within the Village
Area do not have a residential
density assigned to them for Growth
Management Program compliance
purposes. Therefore, the minimum
and maximum densities (growth
management control point) for
development that includes
be granted, on a case-by-case •*
basis, for the purposes of
providing affordable housing for
low and/or moderate income
households and/or when an applicant
can provide acceptable evidence to
the Housing and Redevelopment
-Comrpi ssion. that, the .density .. - - "
increase is necessary in order for
the development to qualify for
silver lev.el or higher LEED
Certification, or a comparable
green building rating, and assist ;
in maintaining the financial
feasibility of the development.
To approve a development that
Formatted Table
residential within the Village Area includes residential below the
are set forth herein, for Land Use
Districts 1-4 of the Village Area,
the maximum density (which also
serves as the growth management
control point) permitted for a
development that includes
residential shall be 45 dwelling
units per acre. For Land Use
Districts 5-9, the maximum density
(which also serves as the growth
management control point) for a
development that includes
residential shall be 23 dwelling
units per acre. The minimum density
for all land use districts with
development that includes
residential in the Village Area
shall be 15 dwelling units per
acre. T
A, density T bonus may be granted in
accordance with Chapter, 21.85. of
the Carlsbad Municipal Code to
exceed the maximum density noted
above. A density increase may also T
minimum density set forth above,
the following findings must be
made:
1. the reduction is consistent
with the adopted general
plan, including the housing
element.
2. the remaining sites
identified in the housing
element are adequate to
accommodate the city's sharg
of the regional housing need,
pursuant to Government Code
Section 65584. i
Pursuant to City Council Policy Nb,
43, all housing located in the I,
Village Redevelopment Area <'•
qualifies for an allocation of I
excess units from the Proposition E
"Excess Dwelling"_Unit Bank. '
Formatted: Font: Bold
Deleted:]
The applicable General Plan
residential density
designation shall be
determined for each project
based upon compatibility
findings with surrounding
area.
Formatted: Bullets and Numbering
Deleted: Maximum project
density may not exceed the
Growth Management Control
Point for the applicable
density designation unless
• Formatted: Bullets and Numbering
Deleted: a
Deleted: increase or
Deleted: is
: Deleted: with Chapte
Deleted: rs 21.53 and 21.8
I Deleted: 6
Deleted: i
1
1
The Village Redevelopment
Area is exempt from Council
Policy No. 43 which
regulates and/or prioritizes
the use of excess dwelling
units throughout the City.I
1
Planned Development J
I
Residential units proposed
for separate ownership shall
comply with the development
standards and design
criteria set forth by
Planned Development
Ordinance, Chapter 21.45 of
the Carlsbad Municipal Code.
Planned Development
Residential units proposed for
separate ownership shall comply
with the development standards and
design criteria set forth within
this Master Plan, and within
Carlsbad Municipal Code, Title 20
and the State Subdivision Map Act.
A tentative tract map application
shall be filed together with the
appropriate redevelopment permit.
The Design Review Board shall make
a recommendation to the Housing and
Redevelopment Commission, and the
Commission shall be the final
decision-making authority, on an
application for a tentative tract
and/or final map for a development
within the boundaries of the
Village Redevelopment Area.
AJ.1 residential units or mixed use „ - H Formatted: Font: Not Bold
projects which are intended to have
residential units which are sold for
separate ownership_ will be_subject _to
the following additional requirements^.- I Formatted: Font: Not Bold
,,-«._ f , " iFormatted: Font: 11 pt. Not Bold1) The storage of large *- - _ p
recreational vehicles, such as ~ 1 Formatted: Bullets and Numbering
. .- ..__ ... 5?
boats will not be allowed within
the residential or mixed use
project. These vehicles must be
stored off-site and off-street
at_all. times. The__s_tqrage_pf
small recreational vehicles,
such as canoes or a jet ski, may
be permitted on site if the
vehicles are stored within an
area which is screened from
adjacent residences and public
rights-of-way by either a view-
obscuring wall or landscaping.
2) Parking garages shall be
CS)
use project. Whenever possible,
entrances to individual garages
or parking stalls shall be
located off a rear alley or
within an enclosed parking
structure.
jlail Corridor Development
All future development adjacent to or
near' north County Transit District's
Right-of-Way shall be planned with
consideration given to the safety of
the rail corridor . This consideration
will be given at the proj_ect-specif ic
level and a determination will be made
at that time as to whether or not any
additional safety measures are
required as a result of the proposed
development .A
Inclusionary Housing Retirements
All residential projects including the
conversion of apartments to airspace
condominiums are subject to the City's
Inclusionary Housing Ordinance,
Chapter ,21. 85 of the Carlsbad /',-'
Municipal Code, and ^hose requirements,
imposed by Redevelopment Law. ,Per _ ; '- -
Redevelopment Law, 15% of the jprivate
housing units constructed must be
Affordable to low and moderate income _
persons , of_ which not less J;han 40^%
(or 6% of the total units) must be
affordable to very low income
households. ,per City Ordinance, 15% xof
the total Jipusing units _constructe_d_
must be Affordable to low income ___
households, projects consisting of 6
or fewer market ^ate units may ^pa.y ah" -
in-lieu fee rather than constructing 'a,
unit. .
Formatted: Font: Not Bold
Formatted: Font: Bold
Formatted: Font: Not Bold
Deleted: ?
{ Deleted;I: I
Deleted:!
Deleted: i
I
Deleted:
{Deleted:I: I
Deleted:]
Deleted:
I
Deleted: i
Deleted: i
Deleted:!
Deleted:!
Deleted:!
!
Par) ing
New development and additions to existing
bui! dings within the Village
Red< velopment Area will be required to
pro'* ide parking per the standards
cont ained within Chapter 5 of this
Vil! age Master Plan and Design Manual.
Char ges of use within an existing
structure or building may require
add:tional parking if the new use creates
a p< rking demand greater than the
stricture or building's previous use or
existing on-site parking spaces.
The Parking In-Lieu Fee Program
dest ribed in Chapter 6 may be available
as < n option for property owners/tenants
who are unable to meet their on-site
par)ing requirements. Requests for
var:ances from the on-site parking
req\ irements shall be processed as set
forth in Chapter 6 of this document.
Bui: ding Coverage, Building Height
and Building Setbacks
The standards for building coverage,
heic ht and setbacks are established
ind: vidually according to the applicable
Lane Use District within the Village
Red<velopment Area. See the appropriate
dev<lopment standards section for the
appl icable Land Use District to identify
the standards which apply to projects
witl in the area.
-| Deleted; •
Where a range is established for the
subject standard, the individual
project standard may be set anywhere
within the range based on findings
that the project design or site
constraints justify the standard and
subject to the findings/criteria
outlined below for each type of
standard noted.
Building Coverage
In all cases where a range has been
established as the appropriate
building coverage standard within a
given district, the bottom of the
range shall be considered the
desired standard. However, an
increase in the standard to the
maximum, or anywhere within the
range, may be allowed if the project
warrants such an increase due to
good project design and/or the
provision of other projects features
which benefit the Village
Redevelopment Area. The benefits
realized from the increased
standards shall be set forth with
the approving resolution for said
project.,
,For approval of a building coverage
standard which is above the maximum for
the subject land use district, a
variance £iust be approved by the
authorized ^pproying body/official.
Variances shall £>e granted according to
the regulations set ^qrth in Section .
21.35.130 of the Carlsbad Municipal ,
Code. 'V-'
A variance for a building coverage
standard which exceeds the top of the
range, or the individual standard set
forth, will be granted only if the
project meets one or more of the
following criteria:
1. The project is a mixed use project
which provides for residential living
units located in close proximity
(reasonable walking distance) to the
Village Commuter Rail Station.
2. The project is a hotel facility whose
scale, design and auxiliary facilities •
are judged to be appropriate to the
Village.
T -3. The project is a residential project
providing a quality living environment
and where increased density would not
negatively impact adjacent residential'
development.
Formatted Tabte
Deleted: 3. The reduced
standard will assist in 5
creating a project design
which is 1
interesting and visually
appealing and 1
reinforces the village
character of the 1
area. 1
(Deleted:-
( Deleted; •
(Deleted:I:*
Deleted:
Deleted:
{ Deleted: •
Deleted: 1
4. The project provides for exceptional
public amenities in terms of site
design or facilities.
Deleted: and appropriate
findings are made 1
by the authorized approving
body/official.
Deleted: The authorized
approving body/official must
find that: J
I
1. The increased standard
will not have an adverse
impact on surrounding
properties. 1
Deleted: 2 . The increased
standard will assist in
developing a project which
meets the goals of the
Village Redevelopment Area
and is consistent with the
objectives for the land use
'district in which the
project is to be located. I
1
O
Con
In tli
imp<rtant and there is an expectation that the
desi
allp
expt
con;
con«
2PJQI
foil
orde
to a
that
The -lousing and Redevelopment Director may, at
an a
dete mination if all of the following criteria are
met
stencv Determination
Village, design of buildings is very
.n shall be consistently implemented through
oiect construction. In other words, there is an
tation that upon completion of the new
aiction the project will be substantially
stent with the design approved by the
priate decision-making authority. The
ving criteria is set forth and must be met in
for the Housing and Redevelopment Director
prove a consistency determination and ensure
ie project design is consistently implemented
ininistrative level, make a consistency
The modified project design is comparable
in character, scale, architectural detail
and/or other design features to the original
project design, or represents an upgrade in
overall design features and/or materials as
originally approved. The modifications
must not be readily discernible to the
decision makers as being substantially
different from the project as originally
approved. The original architectural detail
or the design features may be enhanced as
long as the character, scale, or theme of the
design remains consistent with the original
approval.
2. No project condition, feature, facility
or amenity is changed or deleted that
had been considered essential to the
project's design, quality, safety or
function by the Housing and
Redevelopment Director. Design
Review Board and/or Housing and
Redevelopment Commission..
3. The modified project complies with
all applicable development standards,
or does not exceed the variances in
standards as originally approved by
the final decision maker.
4. The modified project does not
increase the density or intensity of
the development. A decrease in the
density or intensity of development
can be considered an acceptable
change for consistency determination
purposes, at the discretion of the
Housing and Redevelopment
Director
5. The proposed modification does not
involve the addition of a new land
use which was not shown on the
original permit.
6. The proposed change will not result
in any significant environmental
impact, and/or require any additional
mitigation.
7. The proposed change will not result
in any health, safety or welfare
impacts.
8. There were not any major issues or
controversies associated with the
original project which would be
exacerbated with the proposed
project modification.
Consistency Determination Application Processf Formatted Table _^
'[ Formatted: Bullets and Numbering
To request a consistency determination, the
applicant shall submit an application and
amended exhibits, graphics, statements or other
information as may be required to explain and
justify the request to the Housing and
Redevelopment Director. The Housing and
Redevelopment Director will determine the
number of copies of the application and exhibits
to be submitted for processing.
If the consistency determination can be made by
the Housing and Redevelopment Director, the
applicant shall receive a letter approving the
design modifications, and providing
authorization to proceed.
If the Housing and Redevelopment Director is
unable to make the consistency determination.
the applicant shall receive a letter denying the- (Formatted: Bullets and Numbering
request and providing instructions as to how to
proceed with an amendment of a minor or
major redevelopment permit to allow for the
design modifications.
If (lie original permit was a major
redevelopment permit and the applicant is
proposing a design change only and there are
no other changes in land use, intensity of
development, etc, the applicant shall submit an
application for a major redevelopment permit
amendment with the appropriate exhibits. The
application and exhibits together with a staff
report and recommendation will be forwarded
directly to the Housing and Redevelopment
Commission for a public hearing and final
action. A recommendation will not be required
from the Design Review Board. All applicable (Formatted: indent: Left: 18pt
fees shall be paid and the appropriate public
hearing notices shall be provided for die permit
amendment.
If the original permit was a major
redevelopment permit and the applicant is
proposing a design change which results in
changes in land use, increased density or
increased intensity of development, etc.. the
applicant shall submit an application for a
permit amendment with the appropriate
exhibits. The application and exhibits together
with a staff report and recommendation will be
forwarded to the Design Review Board for a
recommendation and then forwarded to the
Housing and Redevelopment Commission for
final action. All appropriate public hearing
notices shall be provided for the permit
amendment.
If the original permit was a minor
redevelopment permit, design changes as well
as other land use, intensity of development shall
be submitted to the Design Review Board for
consideration. The applicant shall submit an
application for a permit amendment with the
appropriate exhibits. The application and
exhibits together with a staff report and
recommendation will be forwarded to the
Design Review Board for Final action. All
applicable fees shall be paid and the appropriate
public hearing notices shall be provided for the
permit amendment. The Design Review Board
decision is appealable to the Housing and
Redevelopment Commission.
If the subject property is located within the
Coastal Zone, the Coastal Commission shall be
appropriately notified of all decisions regarding
consistency determinations and/or amendments
to minor or major redevelopment permits.
Bui]
The
bui;
opme
Formatted Table
ding Height
height standard for a building, or
dings, within the Village Redevel-
nt Area, is noted as a maximum within
the individual land use district
development standards. The height of a
proposed building may not exceed the
standard set forth for the given land use
rict, but it may be set lower if
ed desirable for the project. As a
, additional building height is
dtted for all projects in all land
districts for architectural features
h are designed as part of the
dist
deer
not«
pen
use
whic
project. For information on architect-
turj1 features which are exempt from the
heicht limit calculation, see Section
21.46.20 of the Carlsbad Municipal Code.
To « xceed the maximum height standard
set forth within the development stan-
dards for a given land use district, a
variance or standards modification must
be granted by the appropriate approving
body/official for the project.
A variance or modification for a height
star dard which .exceeds the standard set
fort h for a given land use may be granted
onl} if the project meets one or more of
the following criteria:
The increased height will be
visually compatible with
surrounding buildings.
The increased height will not
unduly impact nearby residential
uses.
3. The taller project will not
adversely impact views .
4. The project will maintain a
scale and character compatible
with the Village and the
guidelines contained within
this Village Master Plan and
Design Manual .
5. The project provides for
exceptional design quality and
is consistent with the goals
and objectives of the Village
Redevelopment Area .
Building Setbacks
In all cases where a range has been
established as the appropriate
setback standard within a given
district, the top of the range shall
be considered the desired standard.
However, a reduction in the standard
to the minimum, or anywhere within
the range, may be allowed if the
project warrants such reduction due
1
,For approval of a setback standard which
is Joelow the minimum for the subject
land use district, a variance or
standards modification must be approved
by the authorized approving
body/official. Variances shall be
granted according to the regulations set
forth in Section 21.35.130 of the
Carlsbad Municipal Code. Standards
modifications shall be approved as set
.Master Plan.
. . --. _ . -.provision of other projects features
which benefit the Village
Redevelopment Area. The benefits
realized from the reduced standards
shall_ be set forth with the
approving resolution for said
project .
.. .
and Design Manual .
Deleted: <#>The reduced
standard will assist in
creating a project design
which is interesting and
visually appealing and
reinforces the Village
character of the area. 1
Deleted: i
Above the maximum or
Deleted: A variance for a
setback standard which
exceeds the top of the
range, or the individual
standard set forth, will be
granted only if the project
meets one or more of the
following criteria:!
1
The project is in a location
where adjacent buildings are
set back further than the
permitted standard (range),
and setting the structure
back to the desired standard
will maintain and reinforce
the Village character of the
area.!
I
The project is in a location
which is in a transition
area to residential
development and where
increased setbacks would
soften the visual transition
between commercial and
residential development or
would protect the
liveability of the
residential development.5
I
Restaurant uses where af MI
;[ Formatted; Indent: Left: 18 pt
[ Formatted; Bullets and Numbering
[ Deleted: -
fDeleted:i
Deleted: such a reduction and
appropriate findings are
made by the authorized
approving body/ official.
The authorized approving T"£\
Formatted: Indent: Left: 18 pt
Dist rict 1 - Carlsbad Village
Cent
FoK owing are the individual development
standards which have been set forth for
all
Dist
Are.
rejects to be developed within
rict 1 of the Village Redevelopment
Please see the "Universal
Staidards" section of this Chapter for
inf.
mod
rmation on variances and standards
fications, and criteria to be used in .Property Line Walls/Fences:
sett
pro;
the
Bui
Fro:
sha
the
Sid
set
Rea
set
Exc
set
pro
Opei
A m
mai
mus
Car
may
ded
ope
roo
pat
par
the
Building Coverage:
All Projects: 100%
T ..
Building Height:
45' maximum^ ,
ing the standards for individual
ects when a range is set forth for
subject standard.
ding Setbacks:
t: No minimum or maximum for first at
e floor. ^.10 foot average setback
I be required for all, floors above
first at grade floor.
No minimum or maximum
ack requirement.
No minimum or maximum
ack requirement.
ption: At Grade Parking lots must be
back a minimum of 5 feet from any
erty line for landscaping purposes.
Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be public or griyate and may be
cated to landscaped planters,
space pockets and/or connections,
gardens/patios, balconies, other
os and outdoor eating areas. No
ing spaces or aisles are permitted in
open space.,
Al 1 property 1ine_ walIs/fences
(including combination retaining
wall and fences) shall be limited to
a_maximum of six_(_6) feet JJnless a
taller wall or fence is approved by
body. To exceed the wall height of
six (6) feet, the decision making
must make _the following
findings:
1. That the purpose for the
additional wall height is to
enhance adjacent neighbor
privacy and/or to provide for
noise attenuation;
2. That the additional wall
height is requested by the
adjacent neighbor and/or
determined by the decision
making body to be in the best
interest of the adjacent
3. That the wall or fence is
attractively designed and/or
decorated.
Decorative wall features may extend
no more„than six (6) inches above
the maximum height of the wall. Wall
height shall be measured from the
lowest side of the finished grade to
the top of the wall.
Parking Retirements;
See Chapter 6 of the Village Design
Manual for list of parking requirements
by land use.
District is located within Zone 1 of the
In-lieu Fee Parking Program which means
that properties east of the AT&SFT
Railroad right-of-way within the
District may be allowed to meet a
portion of their on-site parking
requirement by paying a fee.
The In-Lieu Fee parking program shall
only be permitted in the remaining
redevelopment area west of the railroad
right-of-way when it can be demonstrated
to the satisfaction of the California
Coastal Commission that 1) a bonafide
fee has been established to implement
such f. program; 2) specific sites have - '
been ^Ldentified where parking facilities-
will be Constructed; and 3) detailed-* - -
criteria and procedures have been
established for the Annual assessment of
parking utilization ^subject to the
completion of a parking ,study or others -
technical information. \ x..
T
The details of the In-lieu Fee Parking„
Program option for meeting on-site
parking ^requirements are outlined in
Chapter 6 of ,this Manual. -
Other Miscellaneous Requirements:
Temporary building structures and
storage containers shall be prohibited,
unless used in_cpnjunction with new
construction and/or rehabilitation of a,','
building and./or other infrastructure
within the Village _Area and _app_roved_ irv
writing by the Housing and Redevelopment
temporary structure is permitted, for/
storage or other purposes, in
Deleted: Commercial Projects:
80 to 100% 1
1
Residential: 60 to 80% 1
S
Mixed Use: 60 to 80% 1
Deleted:]
35' maximum with minimum
5:12 roof 1
pitch. I
Deleted: with minimum 5:12
roof 1
pitch for any size project
where a residence or
commercial/office space is
located over a parking
structure.
Formatted: Font: Not Bold
Deleted: o to 10 feet
maximum. 1
Deleted: i
Deleted: i
Formatted; Bullets and Numbering
Deleted: i
, Deleted: i
( Deleted: i
[ Deleted: i
\ Deleted: i
Deleted:}
1
Deleted: j
| Deleted::i
( Deleted: <T
Deleted: Parking
Requirements i J
I
See Chapter 6 of the Village
Design 1
Manual for list of parking
requirements by land use. 1
1
District is located within
Zone 1 of the In-lieu Fee
Parking Program which means
that properties east off rj-i
o\
conjunction with an approved development
project, it will be allowed only until
the new development receives approval
£or occupancy. T Deleted:^
1
Dis rict 2 - Office Support Area
Foi: owing are the individual development
star dards which have been set forth for
all projects to be developed within
Dist rict 2 of the Village Redevelopment
Are; . Please see the "Universal
Stardards* section of this Chapter for
infi
mod
rmation on variances and standards ,..
fications, and criteria to be used in 45' maximum^
set
pro
the
Setl acks:
Fro:
gra.
sha
the
Sid
Rea
A m
ame
Car
may
ded
ope
roo
pat
par
the
Building Coverage:
All projects: 100%
Building Height:
Parking Requirements:
See Chapter 6 of the Vi1lage Design
Manual for list of parking
requirements by Land use.
ing the standards for individual
ects when a range is set forth for
subject standard.
t: No minimum or maximum for first at
floor. A .10 foot average setback
1 be required for all floors above
first at grade floor.
: No minimum or maximum..
: No minimum or maxiumum..
ption: flt Grade Parking lots must be
set back a mininmin of 5_ feet from_any
property line for landscaping purposes.
Ope i Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be public or private and may be
cated to landscaped planters,
space pockets and/or connections,
gardens/patios, balconies, other
os, and/or .outdoor eating areas. No
.ing spaces or aisles are permitted in
open space.
Property Line Walls/Fences:
All property line walls/fences
(including combination reta ining
wall and fences) shall be limited to
a maximum of six (6) feet unless a
taller wall or fence is approved by
the appropriate decision making
body. To exceed the wall height of
six (6) feet, the decision making
kody Iiy|t ™??Sl! the "following ................
findings :
l.That the purpose for the
additional wall height is to
enhance adjacent neighbor privacy
and/or to provide for noise
attenuation;
2. That the additional wall height
is requested by the adjacent
neighbor and /or determined by the
decision making body to be in the
best interest of the__adj_acent
neighbor;
3 . That the wall or fence is
Attractively designed and/or
decorated.
!?.§£? T.§:t j.Ye. wa.3 1 .?§J'!r_u-lre..s...-may §*t.e5??
no more than six (6) inches above
the maximum height of the wall. Wall
.
IdweiFiide of the finished grade "Co
the. top _of_ the wall.
District is located within Zone 2 of:
the In-lieu Fee Parking Program which
means that Properties within the
District may be allowed to meet a
portion of their on-site parking
requirement by paying a fee.
The details of the In-lieu Fee Parking
Program option for meeting on-site
parking requirements are outlined in
Chapter 6 of this Manual.
Other Miscellaneous Requirements: .'•
T_________ _„_ __ _-__._._______•'-
No outdoor storage is permitted within
this District. Display of products
outdoors .must be consistent with
standards set forth ^vithin this Design.
Manual or policies .established by the
Housing and Redevelopment Commission.
^xisting residential structures^
converted to commercial purposes must
be brought into £onformance with Title
18 of the Carlsbad Municipal Code.
Any lot proposed for non-residential
development which adjoins an existing
residential lot shall have a solid
masonry ^vall installed along common /.
lot lines. ^Iso any non-residential_ ,'
development .constructed on Oak Avenue;,
shall be Assigned in a manner; Which "\
respects the ^rea's residential
character.
Deleted: i
t
Formatted Table
Deleted: eo to 80%
Deleted:]
35' with a minimum 5:12 roof
pitch. !
Deleted: with minimum 5:12
roof 1
pitch for any size project
where a residence or
commercial/office space is
located over a parking
structure.
[Deleted: 5-15 feet
[ Deleted: 5
Deleted: 5 - 10 feet i
10 feet minimum street
side
(Deleted:'
, ( Deleted;5-10 feet
Deleted: I
{ Deleted: <T
Deleted: 1
Deleted:!
Deleted:!
Deleted:!
, Deleted:!
| Deleted:'
Deleted:!
Deleted:!
Deleted: !
> Deleted: t
Deleted: !
{ Deleted; i
Deleted: Parking
Requirement*: I
I
Temporary building structures and
storage containers shall be
prohibited, unless used in conjunction
with new construction and/or
rehabilitation of a building and/or
other infrastructure within the
Village Area and approved in writing
by the Housing and Redevelopment
Director in advance of use. If a
temporary structure is permitted, for
storage or other purposes, in
conjunction with an approved
development Erpject_,_it will, be
allowed only until the new development
receives approval for occupancy.
Disbrict 3 - Freeway Commercial
Support Area
Pol! owing are the individual development
star dards which have been set forth for
all projects to be developed within
District 3 of the Village Redevelopment
Are;. Please see the "Universal
Stardards" section of this Chapter for
infc rmation on variances and standards
mod fications, and criteria to be used in
set
pro
the
Bui
Fro:
gra>
sha
the
Sid
Rea
Exc
set
pro
A m
ame
Car
may
ded
ope
roo
pat
par
ing the standards for individual
acts when a range is set forth for
subject standard.
ding Setbacks:
t: No minimum or maximum for first at
e floor. A 1.0 foot averac setback
1 be required for all floors above
first at grade floor.
: No minimum or maximum.
: No minimum or maximum..
ption: At Grade Parking lots must be
back a minimum_of 5 feet from any
erty line for landscaping purposes.
{ Deleted: •
Deleted: eo - so
Building Coverage:
All projects: 10Q,%
Building Height:
T45' maximum,^ t
Property Line Walls/Fences:
4 §/ feiic.es
Parking Requirements;
See Chapter 6 of the Village Design /
Manual for list of parking requirements/b;
land use.
District is located within Zone 2 of the
In-lieu Fee Parking Program which means
that properties within the District may b
Deleted: 35' with a minimum
5:12 roof pitch. I
1
Deleted: with minimum 5 :12
roof 1
pitch for any size project
where a residence or
commercial/office space is
located over a parking
structure.
a 1 lowed to mee t_ apor C.ion_of _their_ on- sit I Deleted: i
parking requirement by paying a fee. ~"Deleted: 5-20 feet i
e
(including combination retaining
wall and fences) shall be limited to
a maximum of six (6) feet unless a
taller wall or fence is approved by
the appropriate decision making
body. To exceed the wall height of
six (6) _feet, the decision making
body must make the following
findings:
••!••.- That the purpose for the
additional wall height is to
enhance adjacent neighbor
-....- privacy- andXo-r- 4:o-pr-ovid.e- £01- -
noise attenuation;
2. That the additional wall
height is requested by the
adjacent neighbor and/or
ils 2! the In_- l_ieu_Fee Parking. _ __
Program option for meeting on-site parkj'rti
Opei Space:
nimum of 20% of property must be
tained as open space . The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
making body to be in the best
interest of the adjacent
neighbor;
3. That the wall or fence is
a 11 r ac t i y e I y _des i.g ned and / o r
decorated.
i:eguirement_s are outlined in Chapter 6 pi£
this Manual.
Other Miscellaneous Requirements:
fto outdoor storage is permitted within'; th':
District. Display of products outdoors!
must be consistent with standards set/Eofi
within this Design Manual or policies,' .'
established -by the Housing and «'.• ,' < '
Redevelopment Commission. ' '.- <• y /
- Existing- residential -s-truetuees- -converted
to commercial purposes must be brought in
conformance with Title 18 of the Carlsbad
Municipal Code. ..'•/
_
containers shall be prohibited, unless us;'
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3,... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
I Deleted: 5 feet minimum
Deleted: 5 - 10 feet.
( Formatted: Bullets and Numbering
Deleted:^
Deleted:!
No parking in front or rear
setbacks; these areas must
be maintained for
landscaping only. 5
Deleted:
Deleted:!
in conjunction with new.construction and/i
rehabilitation _p_f a_ building _and/or other
infrastructure within the Village Area a'n
approved in writing by the Housing and ,';
Redevelopment Director in advance of use.
sbad's Landscape Manual. Open space Decorative wall features may extend If a temporary structure is permitted,
V»a r-,nhl i i- or- nK i \7A 1~ o ^nrl m^w V~i£* '. : ; 7T~~.'• , I . . , i. _ . _ _ _ • _ _•__..be public or private and may be
cated to landscaped planters ,
space pockets and/or connections,
gardens /p_a tips, balconies, other
os, and/or £>utdopr eating areas. No
ing spaces or aisles are permitted in
5.2._5?5E§. th§'D six (6) inches above
the maximum height of the wall. Wall
*l§i9'l£-?!^ii ^§ EfA^yE.?^: fj:.2.m. t™..e.
lowest side of the finished grade to
-she- -top-of- -t-he-
storage _or other purpgses_, in conjunction
with an approved development project, ,Ut
*itl fee. allowed only until the new
development-receives approval for
- aceupa-ncy-. -,- - - •- 2 - - ' : : r : : : i J ..-••"'
Deleted: i
Parking Requirement a i S
I
See Chapter 6 of the Village
Design I .
Manual for list of parking
requirements by land use. !
I
District is located within
Zone 2 of the In-lieu Fee
Parking Program which means
that properties within the
District may be allowed to
meet a portion of their on-
site parking requirement rci
Deleted: i
1
the open space.Deleted:!
I
{Deleted;I: I
Dist
Are:
rict 4 - Residential Support
FOI:
standards
all
Dist
Aree
Standards
inf.
mod
in
pro
the
owing are the individual development
which have been set forth for
projects to be developed within
rict 4 of the Village Redevelopment
Please see the "Universal
section of this Chapter for
rmation on variances and standards
fixations, and criteria to be used
Bui
Fro:
a":
sha
the
*Sid
Rea
Exc
set
pro
A m
mai
ame
Car
may
ded
ope
roo
pat
par
the
Formatted Table
Building Coverage:
All projects: 1 00 %
T ..........
Building Height:
,4 5 ' max imum
etting the standards for individual
ects when a range is set forth for
subject standard.
ding Setbacks:
t: No minimum or maximum for first at
e floor. A 1.0 foot average setback
1 be required for all floors above
first_at grade f loor ._
Property Line Walls/Fences:
All property line walls/fences
(including combination retaining
wall and fences) shall, be limited to
a maximum of six (6) feet unless a
taller wall or fence j^ approved by
the appropriate decision making
body. To exceed the wall height of
six (§). feet, the decision making
body must make the following
findings^
: No minimum or maximum..
Ho minimum or maximum..
ption: At Grade Parking lots must be
back a minimum of 5 feet from any
erty line for landscaping purposes.
Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be pub], ic or private_and may be
cated to landscaped planters,
space pockets and/or connections,
gardens/patios, balconies, other
1 That the purpose for the
additional wall height is to
enhance adjacent neighbor privacy
and/or to provide for noise
attenuation;
2. That the additional wall-
height is requested by the
adjacent neighbor and/or
determined by the decision making
body to be in the best interest
of the ^adjacent neighboi.•;_
3.That the wall or fence is
attractively designed and/or
decorated.
Decorative wall features may extend
no more than six. (6) inches, above
the maximum height of the wall. Wall
height shall be measured from the
lowest side of the finished grade to
os, and/or^outdoor eating areas. No the top of the wall.
ing spaces or aisles are permitted in
open space. T
Parking Requirements:
See Chapter 6 of the Village Design
Manual Cor list of parking requirements
by land use.
District is located within Zone 2 of the
In-lieu Fee Parking Program which means^
that properties within the District may,
be allowed to meet a portion of their
on-site parking requirement by paying a
tee."
The details of the In-lieu Fee Parking
Program option for meeting on-site
PM.'kJES ?Te..9.u.:i:I.e..m.?n.ts are outlined in
Chapter 6 of this Manual.
Other Miscellaneous Requirements:
No outdoor storage is permitted within/
this -District, pisplay of products > .'
outdoors pust be consistent with .,"'
standards set forth ^ithin this Design-'
Manual or policies established by the . -
Housing and Redevelopment Commission.
*_____________________.„.___ _ _ __ _____
Existing residential structures -
converted to commercial purposes must be
brought into ^onformance with Tittle 18 . _
of the Carlsbad ^unicipal Code.
Any lot proposed for non-residential
development which adjoins an existing
residential lot shall have a solid
masonry ^all installed along common lot
lines. ^Iso any non-residential •
development Constructed shall be • -
designed in a manner jtfhich respects the,
area's residential Character.
Temporary building structures and
storage containers shall be prohibited,.
unless used in conjunction with new
construction and/or rehabilitation of a-
Deleted: Commercial: 80 to
90% !
1
Residential: 60 to 80% I
1
Mixed Use: 60 to 80% 1
Deleted: 35' with a minimum
5:12 roof pitch. I
t
Deleted: with minimum 5 :12
roof 1
pitch for any size project
where a residence or
commercial/office space is
located over a parking
structure.
Deleted: i
[Deleted: o - 10 feet i
(Deleted:I:?
[ Deleted: 5-10 feet
[ Deleted: i
{ Deleted:I: 1
{Deleted:5-10 feet
{ Deleted:'
Deleted: 1
Deleted: i
Deleted: i
Deleted: No parking in rear
setback, except for 1
properties on the west fr
Deleted: i
{ Formatted: Indent: Left: 18 pt
| Deleted: 1
{Deleted: i
{ Deleted; i
[ Deleted; i
{Deleted;! _____
([XMeted; !
i Deleted: i
building and/or other infrastructure
within the Village Area and approved in
writing by the Housing and Redevelopment
Director in advance of use. If a
temporary structure is permitted, for
storage or other purposes, in
conjunction with an approved development
project, it will be allowed only until
the new development receives approval
for occupancy..
Deleted: Parking
Requirements: 5
J
See Chapter 6 of the Village
Design 1
Manual for list of parking
requirements by J
land use. 1
I
District is located within
Zone 2 of the In-lieu Fee
Parking Program which means
that properties within the
District may be allowed to
meet a portion of their on-
site parking requirement by
paying a fee. 3
I
The details of the In-lieu
Fee Parking Program option
for meeting on-site parking
requirements are outlined in
Chapter 6 of this Manual. I
Deleted: i
District 5 - Hispanic Mixed Use
Area
Foi; owing are the individual development
star dards which have been set forth for
all projects to be developed within
Dist rict 5 of the Village Redevelopment
Are* . Please see the "Universal
Star dards" section of this Chapter for
inft rmation on variances and standards
mod fications, and criteria to be used in
set'
pro
the
Set
Fro:
Sid
Rea
No
thi
Ian
A m
mus
ame
Car
may
Ian
bal
out
spa
Deleted: i
ing the standards for individual
ects when a range is set forth for
subject standard.
acks:
t: 5-20 feet residential
5-10 feet commercial
: 5 - 10 feet
: 5 - 10 feet
arking in front or rear setbacks;
area is to be used primarily for
scaping purposes only.
Opei Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be private or public dedicated to
scaped planters, fpen spa_ce pockets
or connections, ,roof gardens /pa t_ip_s,
onies, other patios, and/or
oor eating areas. No parking spaces
isles are permitted in the open
Building Coverage:
All projects:'60 to 80%
Building Height:
30 feet maximum..
Due to the fact that this District
is located in the Olc^ Carlsbad
Neighborhood, special scrutiny will
be given to any requests for
exceptions to the height
restrictions. In most cases,
additional height will be granted
only if there are no objections from
the .surrounding Community,
businesses and/or residents^.
2 . making body to be in the best » - ..
interest of the adjacent neighbor;
3. That the wall or fence is
attractively designed and/or
decorated.
Decorative wall features may extend no ,.
more than six (6) inches above the
maximum height of the wall. Wall height
shall be measured from the lowest side
of the finished grade to the top of the
wa 11.
Parking Requirements;
See Chapter 6 of the Vi1lage JDesign
Manual for list of parking requirements,
Property Line Walls/Fences:
All property line walls/fences
(including combination retaining
wall and fences) shall, be limited to
a maximum of six (61 feet unless a
t aller wall or fence is approved by
the appropriate decision making
body. To exceed the wall height of
sj? (§) ]•„§.!:? LL fl? decision making
body must make the following
findings :
1 • That the purpose for the
District is located within Zone 2 of the1
In-li.eu Fee Parking Program which mearis
that properties within the District rt\ay
be_a 1_1 owed _ to jpee t _ a po r t i on of _thei r
on-site parking requirement by paying a*,'i
fee. ~ ,'!
i,
The details of the In-lieu Fee Parking'
Program option for meeting on-site ,
parking requirements are outlined in J
Chapter 6 of
this Manual.i
Other Miscellaneous Requirements:
Access to parking will not be allowed
from ,Ropseyelt Street unless no other/
access is Available. i
enhance adjacent neighbor
privacy and/or to provide for
noise attenuation;
That the additional wall height is
reguested_by__the adjacent neighboi:
and/or determined by the decision ,_
No outdoor storage is permitted withiij
this District. Display of products
outdoors ,must be consistent with
standards set forth jrfithin this Desigb
Manual or policies ^established by the
Housing and jRedeyelqpment Commission.
Formatted Table
Formatted: Bullets and Numbering
Deleted: with a minimum 4:12
roof pitch.
Deleted: Barrio
Deleted: Ba
Deleted: ial
Deleted: i
Deleted: i
Deleted: i
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3,... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
Deleted: i
Deleted:^
Deleted: i
Deleted: j
Deleted: i
Deleted:]
1
Parking Requirements: 3
I
See Chapter 6 of the Village
Design 1
Manual for list of parking
requirements by land use. 5
1
District is located within
Zone 2 of the In-lieu Fee
Parking Program which means
that properties within the
District may be allowed to
meet a portion of their on-
site 1
parking requirement by
paying a fee. 1
I
I
1
The details of the In-lieu
Fee Parking Program option
for meeting on-site parf ^ 1-71
(Deleted;'
Existing residential structures
converted to commercial purposes must be
brought into ^onformance with Title 18 . - [ Deleted!]
of the Carlsbad Municipal Code. }t «-. .._...... Deleted: i
Any lot proposed for non-residential
development which adjoins an existing
residential lot shall have a solid _ ___
masonry ^rfall installed along common lot, - j Deleted:!
lines. Also any non-residential»-____.__-'______-._____________
development Constructed in the area
shall be designed in a manner which
respects the area ' s_,transitional or
residential character.
- -j
I
Deleted: i
Deleted:
Temporai.y Jbuilding_structures
storage containers shall be prohibited,
unless used in conjunction with new
construction .and/or .rehabilitation of a
building and/or other infrastructure
within the Village Area and approved in
writing by the Housing and Redevelopment
Director in advance of use. If a
temporary structure is permitted, for
storage or other purposes, in
conjunction with an approved development
project, it will be allowed only until
the new development receives approval
for occupancy..Deleted: i
—Page Break-
Dist rict 6 -Service Commercial
Sup] ort Area
owing are the individual development All projects: 50 to 80%Foi:
stardards which have been set forth for
all projects to be developed within
Dist rict 6 of the Village Redevelopment
Are; . Please see the "Universal
Staidards" section of this Chapter for
inf< rmation on variances and standards
mod fications, and criteria to be used
pro
the
Set!
Fro;
Sid
Rea
No
is
pur
Opei
A m
Car
may
Ian
bal
out
spa
Building Coverage:Formatted Table
Building Height:
35' maximum.
etting the standards for individual
ects when a range is set forth for
subject standard.
acks:
t: 5 - 20 feet
5-10 feet
5-10 feet
arking in front set-backs; this area
o be used primarily for landscaping
Line Walls/Fences:
All property line walls/fences
(including combination retain.ing
wall and fences) shall be limited to
a_max:i.mum of six (6) feet unless a
taller wall or fence is approved by
the appropriate decision making
body. To exceed_ the wall he.ight_ of
six (6) feet, the decision making
Space:
findings:
1 That the purpose for the
additional wall height is to
enhance adjacent neighbor-
privacy and/or to provide for
noise attenuation;
2 That the additional wall
height is requested by the
adjacent neighbor and/or
determined by the decision
making^ _body to be in the best
interest of the adjacent
neighbor;
3 That the wall or fence is
attractively designed and/or_
decorated.
oor eating areas. No parking spaces Decorative wall features may extend
isles are permitted in the open no more than six (6) inches above
e. • the_ma.ximum height of Jthe wall._Wall
height shall be measured from the
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be private or public dedicated to
scaped planters, ppen space pockets
or connections, ^ropf gardens/!
onies, other patios, and/or
Parking Requirements; «
See Chapter 6 of the Village Design
Manual for list of parking requirements
by land use.
District is located within Zone 2 of the
In-Lieu Fee Parking Program which means
that properties east of the AT&ST
Railroad right-of-way within the .. -
district may be allowed to meet a
pj3rtion_ of their on-site parking
requirement by paying a fee.
The details of the In-lieu Fee Parking
Program option for meeting on-site
parking requirements are outlined in
Chapter 6 of this Manual.
Other Miscellaneous Requirements:
Existing residential structures
converted to commercial purposes must be
brought into ^pnfprmance with Title 18,. - [ Deleted: i
of the Carlsbad ^Municipal Code. •*
Deleted: with a minimum 5:12
roof pitch.
Deleted:!
. .... _
the top of the wall.
Use of Railroad right-of-way for
structures pr parking will only be
allowed subject to ^provisions for future
public access along Tthe right-of-way, .
conditions of approval Delated to future'
use or a determination by Jthe City that
provisions for future public ^ise are hpt-
needed.
Existing automotive and light industrial
uses in District 6 will be allowed t».
remain. If a land use change is \
proposed, ,the new land use must conform\
with this TVillage Design Manual. _ _• '. ••
All City ordinances related to health
and ^safety will be strictly enforced._
Owners of existing uses on Tyler Street,
will be encouraged to relocate parking
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
Deleted: I
{ Deleted:
Deleted: i
| Deleted;
Deleted:
Deleted: i
Deleted: i
Formatted: Bullets and Numbering
Deleted: 3
Deleted: i
Deleted: i
Deleted: i
VJ>
areas, away from street frontages where
possible and to improve the appearance
of Jtheir properties through landscaping
and jsxterior building improvements. '
Temporary building structures and •
storage containers shall be prohibited,
unless used in conjunction with new ]
construction and/or rehabilitation of(a
building and/or other infrastructure '
within the Village Area and approved in
writing by the Housing and Redevelopment
Director in advance of use. If_a (
temporary structure is permitted, for ]
storage or other purposes, in '
conjunction with an ap_P.V2Y.§£! develqpmertt
project, it will be allowed only until ;
the new development receives apjxroval '
for occupancy., I
Deleted: Parking
RacxuiremantB: I
1
See Chapter 6 of the Village
Design I
Manual for list of parking
requirements by land use. 1
5
District is located within
Zone 2 of the In-Lieu Fee
Parking Program which means
that properties east of the
AT&ST Railroad right-of-way
within the district may be I
allowed to meet a portion of
their on-site parking
requirement by paying a fee.
J
J
The In-Lieu Fee parking
program shall only be
permitted in the remaining
redevelopment area west of
the railroad right-of-way
when it can be demonstrated
to the satisfaction of the
California J
Coastal Commission that 1) a
bonafide fee has been
established to implement
such a program; 2) specific
sites have been identified
where parking facilities
will be 1
constructed; and 3) detailed
criteria and procedures have
been established for the
annual assessment of parking
utilization 5
subject to the completion of
a parking study or other
technical information.
Deleted:?
Deleted: i
Deleted: i
-Page Break-
District 7 - Office Support Area
Fol! owing are the individual development
star dards which have been set forth for
all projects to be developed within
Dist rict 7 of the Village Redevelopment
Arec . Please see the "Universal
Stardards" section of this Chapter for
infc rmation on variances and standards
mod: fications, and criteria to be used
pro;
the
Set
Fro:
Sid
Rea
No
thi
onl
Ope
A m
Car
may
dec
ope
roo
pat
par
the
etting the standards for individual
ects when a range is set forth for
subject standard.
Building Coverage:
All projects: 60 to 80%
Building Height:
35' maximum. .
Property Line Walls/Fences:
All property line walls/fences
(including combination retaining .
wall and fences) shall_be limited to
a maximum of six (6) feet unless a
taller wall or fence is approved by
the aP£EpP.r. iate decision making
body. To exceed the wall height of
six (6_) _feet, the decision making
body must make the following
findings:
1 That the purpose for the
additional wall height is to
enhance adjacent neighbor
privacy and/or to provide for
noise attenuation;
acks:
t: 5 - 20 feet .
: 5 - 10 feet
: 5 - 10 feet
arking in front or rear set-back,
area is for landscaped purposes
Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be private or public and may be
cated to landscaped planters,
space pockets and/or connections,
gardens/patios, balconies, other
os and/or putdqor eating areas. No
ing spaces or aisles are permitted in Decorative wall features may extend
open space. no more thajn_ six (6)_ inches above
the maximum height of the wall. Wall
height shall be measured from the
lowest side of the finished grade to
the top of the wall.
2That the!_addj._tional_ wall
height is requested by the
adjacent neighbor and/or
determined by the decision
making body to be in the best
interest of the adjacent
neighbor;
3 That the wall or fence is
attractively designed and/or
decorated.
Parking Requirements:
See Chapter 6 of the Village Design
Manual for list of parking requirements
by land use.
District is located within Zone 2 of the
In-lieu Fee Parking Program which means...
that properties within the_pistrict may
be allowed to meet a portion of their
on-site parking requirement by paying a
fee.
The details of the In-lieu Fee Parking
Program option for meeting on-site
par king requiraments _are gu11ined_ in
Chapter 6 of this Manual.
Other Miscellaneous Requirements:
No outdoor storage is permitted within
this ^District. Display of products
outdoors £iust _b_e consistent with \
standards set forth ^ithin this Design
Manual or policies ^established by the". \
Housing and .Redevelopment Commissions, , '
Existing residential structures, *.
converted to commercial purposes must'.be,
brought into ,ponformance with Title 18\
of the Carlsbad ^lunicipal Code. . •
Any lot proposed for non-residential
development which adjoins an existing
residential lot shall have a solid
Formatted Table
masonry ^all _i_n_stalled along common lo.t
lines. Also /mynon-residential .'
development constructed shall be
designed in a manner which respects the
area's residential character.
Deleted: with a minimum 5:12
roof pitch.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3,... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
Deleted: No parking in front
setback. I
Deleted: i
{Deleted; i
Deleted:}
Deleted:!
( Deleted: •
[ Formatted: Bullets and Numbering
f Deleted:
Deleted: c
Deleted:!
Deleted: 1
Deleted: i
Deleted:!
{Deleted:'
Temporary building structures and
storage containers shall be prohibited...
unless used, in conjunction with new
construction and/or rehabilitation of a
building and/or other infrastructure
within the Village Area and approved in
writing by the Housing and Redevelopment
Director in advance of use. If a
temporary structure is,permitted, for
storage or other purposes, in
conjunction with an approved development
project, it will be allowed only until
5-t}.§ "TJ-w development receives approval.
for occupancy.
Deleted: Parking
Requirements: 1
1
1
See Chapter 6 of the Village
Design 1
Manual for list of parking
require-ments by land use. I
1
1
District is located within
Zone 2 of the In-lieu Fee
Parking Program which means
that properties within the
District may be allowed to
meet a portion of their on-
site parking requirement by
paying a fee. I
1
1
The details of the In-lieu
Fee Parking Program option
for meeting on-site parking
requirements are outlined in
Chapter 6 of this Manual. I
fO
rict 8 - Residential SupportDist
Are.
FOI:
star dards which have been set forth for
owing are the individual development Building Coverage:
all projects to be developed within
Dist rict 8 of the Village Redevelopment
Are« . Please see the "Universal
Stai dards" section of this Chapter for
inf
mod
pro
the
Set
Fro:
Sid
Rea
fro
fro
Ope
A m
Car
may
Ian
bal
eat
Deleted:!
51
Formatted Table
Parkinc urements:
All projects: 60 to 80%
Building Height:
See Chapter 6 of the Village Design
Manual for list of parking requirements
by land use.
rmation on variances and standards
:ications, and criteria to be used 35' maximum. ^ _ _ District is located within Zone 2 of the- j Deleted: with a minimum 5:12
etting the standards for individual
ects when a range is set forth for
subject standard.
acks :
t: 5 - 15 feet
10% of lot width
5 to 10 feet, street side
5-10 feet
entry porches may extend into the
t setback. Parking is not allowed in
t yard setback.
Property Line Walls/Fences:
All property line wa 11 s/_f ences
(including combination retaining
•Aral.], and fences) shall be limited to
a maximum of six (6) feet unless a
taller wall or fence is approved by
the appropriate decision making
body. To exceed the wall height of
s i x _ j 6) feet, the dec i s i on_ ma k i ng
body must make the following
findings:
1 That the purpose for the
additional wall height is to
enhance adjacent neighbor
privacy and/or to provide for
noise attenuation;
2 That the additional wall
In-lieu Fee Parking Program which jneans [roof pitch.
that properties within the District may
be allowed to meet a portion of their
on-s.i.te parking requirement by paying a
fee.
The details of the In-lieu Fee Parking
Ejr°j3ra.!:D °j?!r I o.?}. I?E me.e.!r-:! O.S °.r-~si.t§
parking requirements are outlined in
Chapter 6 of this Manual.
Other Miscellaneous Requirements:
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3,... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
Deleted: i
height is requested by the
adjacent neighbor and/or
determined _by the decision
making body to be in the best
interest of the adjacent
Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be private or public dedicated to
scaped planters, ppen space pockets
or connections, ^roof gardens_/pa_ti_os, Decorative wall features may extend.
._
3 That the wall or fence is
attractively .designed and/or
decorated.
No outdoor storage or display is
permitted ^dthin this District. Display'
of products outdoors must be consistent-'
with standards ,set forth within this
Design^Manual or policies established by
the Housing & Redevelopment Commission.
Existing residential structures
converted to commercial purposes must be
brought into ,conformance with Title 18..
of the Carlsbad JMunicipal Code. _
{Deleted:'
Deleted:
Deleted:^
Deleted: i
I Formatted: Bullets and Numbering
\ Deleted! •
Deleted:?
Deleted:
\ Deleted:'
Deleted:!
onies, other patios and/or £>utdoor
ng areas. No parking spaces or aisles
permitted in the open space.
E? JS°.£e. than six (6) inches _aboye
the maximum height of the wall. Wall
height shall_be_rneaj3urej^ the
lowest side of the finished grade to
the top of the wall.
Deleted:!
Deleted:!
Any lo_t proposed for non-residential
development which adjoins an existing
residential lot shall have a solid
masonry ^ra 11 installed along common lot. - [Deleted:!
lines. ^Iso any non-residential
development Constructed shall be Deleted:!
Deleted:!
designed in a manner yihi.ch respects the.
area's residential Character.
T. '
Temporary building structures and
storage containers shall be prohibited,
unless used in conjunction with new ',,
construction and/or rehabilitation of ''a
building and/or other infrastructure ':•
within the Village Area and approved i'n
writing by the Housing and Redevelopment
Director in advance of use. If a
temporary structure is permitted, for j
storage or other purjDoses_,_ in >',
conjunction with an approved development
project, it will be allowed only until \\
the new development 'i~e..c?-ijie§ aj
for occupancy.
Deleted: i
Deleted: Parking
Requirements: 1
I
See Chapter 6 of the Village
Design I
Manual for list of parking
require-ments by land use. I
I
I
District is located within
Zone 2 of the In-lieu Fee
Parking Program which means
that properties within the
District may be allowed to
meet a portion of their on-
site 1
parking requirement by
paying a fee. 1
1
1
The details of the In-lieu
Fee Parking Program option
for meeting on-site parking
requirements are outlined in
Chapter 6 of this Manual. I
[ Deleted: i
[ Deleted: i
_£.o
rict 9 - Tourism SupportDiet
Are:
Following are the individual development
star dards which have been set forth for
all projects to be developed within
Dist rict 9 of the Village Redevelopment
Are; . Please see the 'Universal
Stardards" section of this Chapter for
inf
mod
rmation on variances and standards
:ications, and criteria to be used
pro
the
Set
Fro
Sid
Rea
No
set
Ope
A m
Car
may
ded
ope
roo
spa
ope
etting the standards for individual
ects when a range is set forth for
subject standard.
acks:
t: 5 - 20 feet
: 5 - 10 feet
: 5 - 15 feet
arking will be allowed in the front
iack; this area is to primarily be
for landscaping purposes.
Space:
nimum of 20% of property must be
tained as open space. The open space
be devoted to landscaped pedestrian
ities in accordance with the City of
sbad's Landscape Manual. Open space
be public or private and maybe
cated to landscaped planters,
space pockets and/or connections,
gardens/patios, balconies, patios
or ^utdoor eating areas. No parking
es or aisles are permitted in the
space.
Building Coverage:
Commercial: 80 to 100%
Mixed Use: 60 to 80%
Building Height:
»__.--___..___..__-_- - ...._._
45' maximum^
Property Jy.i ne Wa 11 s /Fences :
All property line walls/fences
Jincjudi^ng combination retaining
wall and fences) shall be limited to
a. jnaximum of six (6) feet unless a
taller wall or fence is approved by
the appropriate decision making
body. To exceed the_wall. height_of
six (6) feet, the decision making
body rnust make the following
findings:
Parking Requirements:
See Chapter 6 of the Village Design
Manual, for list of parking requirements
by land use.
Properties within this District will not
be allowed to meet a portion of their pn-
[ Deleted: l
I Formatted Table J
site parking requirements by paying an
in-lieu fee until the City/Redevelopment
Agency can demonstrate to the
satisfaction of the California Coastal
Commission that 1) a bonafide fee has
been established to .implement such a
program; 2) specific sites have been
i^PtiiiS^ >'.!l?I:.? E5tJSiSS_?a£il?-.t je.s 5!.iJ 1
be constructed; and 3) detailed criteria
and procedures have been established, for
the annual assessment o_f P_arking
utilization subject to the completion of
a parking study or other technical
information. A local coastal program
amendment must be approved by the Coastal.
Deleted:!
35' with a minimum 5:12 roof
pitch. J
Deleted: with minimum 5:12
roof I
pitch for any size project
where a residence or
commercial/office space is
located over a parking
structure. 5
1 That the purpose for the
additional wall height is to
enhance adjacent neighbor
privacy and/or to provide for
noise attenuation;
2 That the additional wall
height is requested by the
adjacent neighbor and/or
determined by the decision
making body to be in thebest
interest of the adjacent
neighbor;
3 That the wall, or fence is
attractively designed and/or
decorated _._
Decorative wall features may extend
no more than six (6) inches above
the maximum height of the wall.wall
height shall be measured from the
lowest side of the Jinished...grade_to
the top of the wall.
Commission before the Parking In-Liea-Feej Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start
at: 1 + Alignment: Left + Aligned at:
18 pt + Tab after: 36 pt + Indent
at: 36 pt
Program may be implemented within this
District..
pther Miscellaneous Requirements:
No outdoor storage is permitted within •
the District. Display of products
outdoors will JD_e permitted within this^
District if it is Consistent with
standards set forth within ,this Design,
Manual or policies established
by the Housing and Redevelopment
Commission.
Existing residential structures converted
to commercial purposes must be brought
into ,ponformance with Title 18 of the
Carlsbad Municipal Code.
Deleted: i
Deleted: I
I Formatted; Bullets and Numbering
j Deleted; i
j Deleted: 1
j Deleted; t
{ Deleted: 1
-[ Deleted; i
{j
Any lot proposed for non-residential
development which adjoins an existing
Deleted:!
residential lot shall have a solid
masonry ^all installed along common lot
lines.
For Army/Navy Academy, and Carlsbad-
by-the-Sea Retirement Home, a long range
master plan must be approved prior to',the
issuance of any permits for improvements
and additions to existing facilities. All
future changes must conform to this '
approved Master Plan, or as amended by;
the original approving body.
Temporary building structures and storage
containers shall be prohibited, unless ,
used_in conjunction wi . th new c on s t ru c t i on
and/or rehabilitation of a building i
other infrastructure within the '
Village Area and approved in writing by1
the Housing and Redevelopment Director in
is permitted, for storage or other
purposes, in_conjunction with an approvec
development project, it will be allowed
only until the new development receives
approval for occupancy.
Deleted: Parking
Requirements: 1
1
See Chapter 6 of the Village
Design 1
Manual for list of parking
require-ments by land use. 1
1
Properties within this
District will not be allowed
to meet a portion of their
on-site parking requirements
by paying an in-lieu fee
until the City/Redevelopment
Agency can demonstrate to
the satisfaction of the
California Coastal
Commission that 1) a
bonaf ide fee has been
established to implement
such a program; 2) specific
sites I
have been identified where
parking J
facilities will be
constructed; and 3) detailed
criteria and procedures have
been established for the
annual assessment of parking
utilization subject to the
completion of a parking
study or other technical
information. A local coastal
program amendment must be
approved by the Coastal
Commission before the
Parking In-Lieu Fee Program
may be implemented within
this District.
Deleted:!
_c
.Regulations
The following signs shall be permitted
within the Village Redevelopment Area:
The following signs shall be prohibited within
the Village Redevelopment Area:
Wall Signs
Projecting Signs
Fabric Awning Signs
Banner Signs
Neon Signs
Marquee Signs
Hanging Signs
Window Signs
Plaque Signs
Restaurant Menu Signs
Address Signs
Tenant Directory Signs
Monument or Ground Signs (limited)
Pole Signs (limited)
Freestanding Sidewalk Signs (public
property)
Freedstanding Sign (private property)
Interior Illuminated Boxed Display Signs
(which are designed to be mounted on the
exterior of a building.
Changeable Letter Signs, except for marquee
signs for cinemas or performing arts
theatres.
Off-Premises signage (including billboard
signs and signs which are not located
directly in front of a related businesses)
Roof Signs (which are signs located on the
top of any building_that _ extend_ above_ the
peak of the roofline). T Deleted: i
I
Pole Signs
- [ Formatted; Bullets and Numbering
[ Formatted: Bullets and Numbering
Sign Standards - Pole Signs
Pole Signs shall be defined as a sign that is
free standing, greater than five feet in
height, and wholly supported by one or
more vertical supports in the ground. The
sign may or may not be an integral part of
one or more buildings.
New Pole Signs shall be prohibited except
for: ~
The following standards shall apply to
gas/service stations located immediately
adjacent to Interstate 5 only:
1. Maximum Number of Signs: 1 per
site.
2. Maximum Sign Area: 1 square foot
per 1 lineal foot of building
frontage, or 50 square feet,
whichever is less.
A. Situations where the sign applicant 3. Maximum Sign/Letter Height: 35
makes a strong showing that a
proposed pole sign is the only
effective option for adequately
identifying the premises:
B. Gas/service stations located
immediately adjacent to Interstate
5: such land uses shall be permitted
to install one pole sign which shall
be subject to the standards set forth
herein.
feet above average grade: 36 inch
letters.
The following standards shall apply to all
other business types or commercial
developments within the Village Area:
1. Maximum Number of Signs: 1 per
individual business or commercial
development site.
2. An individual business with a pole
sign will not be permitted to also
have a free-standing, portable sign
either on private or public property,
or a monument sign.
3. The pole sign shall be located
entirely on private property. It may
not overhang the public right-of-
way at any point.
4. The base of the pole sign must be * -
located at least 10 feet from the
face of curb and must be located
within a landscape area or planter ••
(on private property) for pedestrian *
safety reasons.
5.__TJie pole sign may not exceed the- -
height of the roofline of the
business or adjacent buildings and
in no circumstance be taller than 10*
feet in height from ground to top of
sign.
6. The maximum sign area for the*
pole sign shall be no greater than 1*~
square foot per 1 lineal foot of*
building frontage, or 30 square feet
in size, whichever is less. The*
maximum allowable sign area
includes any surrounding frame
materials, but excludes the pole or*
base. »
7. Letter heights shall not exceed 12*
inches.
8. Sign materials shall be consistent*
with the structure and use of the*
advertised business or commercial
center. The sign shall be exteriorly
illuminated by fixtures designed to
compliment the appearance of the
sign. The sign may not be an
internally illuminated can sign.
I Formatted: Bullets and Numbering
I Formatted: Normal
(Formatted: Bullets and Numbering
Formatted: Indent: Left: 18 pt —!
Formatted: Bullets and Numbering j
•{ Formatted: Bullets and Numbering j
{ Formatted! Normal
{ Formatted: Indent: Left: 18 pt
( Formatted: Bullets and Numbering
{Formatted: Bullets and Numbering
[ Formatted: Indent: Left: 18 pt J
( Formatted! Bullets and Numbering J
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
"^Formatted: Bullets and Numbering J
9. Existing, non-conforming pole* (Formatted: Bullets and Numbering
signs with approved sign permits
may continue to exist subject to the
regulations for non-conforming
signs and set forth within this
document and subject to the
requirement that there shall be no
more than 1 pole sign per center or
individual business building. New
pole signs or existing pole signs
without approved permits shall be
required to comply with the
regulations set forth herein.
Deleted: i
11
Redevelopment Permits
Administrative Responsibilities Staff of the Housing and Redevelopment Depart-
ment, acting under the supervision of the
The Housing and Redevelopment Director shall Housing and Redevelopment Director, shall be
have the responsibility for the administra- responsible for coordinating all activities
tion of the Redevelopment Permit process. The leading to the approval, conditional approval,
Director's duties include, but are not or denial of Redevelopment Permits. Such
limited to, the following: activities may include, but are not limited
to, document processing, report writing,
1. Reviewing applications and making a scheduling or Design Review Board and Housing
determination of completeness for processing and Redevelopment Commission public meetings
purposes; and hearings, and preparation of
recommendations, meeting minutes and
2. Making project exempt determinations as resolutions,
related to permit requirements or identifying
the type of redevelopment/coastal development General Policy
permit required, if project is not exempt;
Due to the complexity of overlapping areas of
3. Maintaining records of project exempt authority, the permit process for the Village
determinations as related to requirements for Redevelopment Area has been designed to
redevelopment or coastal development permits; address 1) the goals and objectives for the
Village Redevelopment Area as a whole; and 2)
4. Approval or denial of administrative the goals and objectives of the Coastal
| permits and administrati.ve variances; Commission for the portion of the Village
Redevelopment Area which lies within the
5. Referral of non-administrative permits to Coastal Zone Boundaries,
the Design Review Board and Housing and
Redevelopment Commission, as appropriate; and The permit structure which is summarized on
the following page combines the permit
6. Physical preparation and delivery of the requirements for the redevelopment area and
approving documents and permits related to the coastal zone.
the subject project. Staff of the Housing and
Redevelopment Department, acting under the Unless a project is exempt from the permit
supervision of the Housing and Redevelopment requirements noted herein and set forth in
Director, shall be responsible for Chapter 21.35 of the Carlsbad Municipal Code,
coordinating all activities leading to the a redevelopment permit is required. If the
approval, conditional approval, or denial of property for the subject project is also
Redevelopment Permits. Such activities may located in the Coastal Zone, a coastal
include, but are not limited to, document development permit is required in addition to
processing, report writing, scheduling of the redevelopment permit, unless the project
Design Review Board and Housing and is exempt as noted herein and set forth in
Redevelopment Commission public meetings and Chapter 21.81 of the Carlsbad Municipal Code,
hearings, and preparation of recommenda-
I tions, meeting minutes and resolutions.
Exempt Projects
Projects in the Village Redevelopment Area
which are exempt from Coastal Development
Permits, per the Coastal Commission Act, are
also exempt from Redevelopment Permit
requirements.
Administrative Projects
Projects which are eligible for an
administrative redevelopment permit are also
eligible for an administrative coastal
development permit.
Minor or Major Redevelopment Projects
For projects within the coastal zone, a
coastal development permit will be processed
concurrently with the minor or major
redevelopment permit. As a note, non-
admini strati, ve variances a]]d_ standarols
modi, f ica ti ons can only be approved by the
Design Review Board or Housing and
Redevelopment Commission. A minor or major
redevelopment permit, therefore, will be
required for any project application which
includes a request for a non-administrative
variance or standards modification, even if
that project would have otherwise been exempt
from the permit requirements or eligible for
an administrative permit.
The various types of permits required within
the Village Redevelopment Area are further
defined within Chapters 21.35 and 21.81 of
the Carlsbad Municipal Code. The policies and
procedures for processing redevelopment and
coastal development permits are further
defined within the Housing and Redevelopment
Commission Policies and Procedures Manual.
Variances
Variances for projects will be processed
concurrently with any other administrative or
discretionary permits which may be required.
However, they will be processed as a separate
action item. Chapter 21.35 of the Carlsbad
Municipal Code defines the types of variances
which can be granted administratively by the
Housing and Redevelopment 'Director and those
which must receive approval from the Design
Review Board or Housing Commission and
Redevelopment Commission.
PERMIT TYPES
Exempt
1.Interior or Exterior
improvements to existing
structures which do not
result in the intensity of
use of a structure; and/or
2.Additions to existing
structures which result in
a cumulative increase of
less than 10% of the
internal floor area; and/or
3. Demolition of structure
that has no potential to
create an adverse impact on
coastal, resources or public
access to the coast; and/or
4,.Changes in permitted land
uses which do not require
site changes, result in
increased ADT, result in
increased parking require-
ments, or result in
compatibility issues or
problems; and/or
5., Landscaping on the lot
unless it will result in
erosion or damage to
sensitive habitat; and/or
6 .Repair or Maintenance
Activities; and /or
7 ., Activities of public
utilities; and
8,. Project does not require
a variance of any type.
Administrative Redevelopment
1. New construction of
building(s) or addition(s)
to the building footprint
which have a building permit
valuation which is ,less than
$60,000; and/or
2. Interior or Exterior
improvements to existing
structures which result in
an intensity of use; and/or
3. Provisional Land Uses,
where a minor or major
redevelopment permit is not
required.
4. Changes in permitted land
uses which result in site
changes, increased ADT,
increased parking
requirements, or result in
compatibility issues/
problems; and/or
5. Demolition of structure
that may have the potential
createan_ ...
on coastal resources or
public access to the coast;
and/or
6,. Signs for existing
businesses or facilities;
and/or
7T. Repair or Maintenance
Activities which are not
exempt; and
8,. Project ^requires an
Minor Redevelopment
1. New construction
of building(s) or
addition(s) to the
building footprint
which have a
building permit
valuation which is
equal to or greater
than ,$60, 000 but
less than $150,000.
2. Mon-
Administrative
Variances for
projects within this
category and those
which would
otherwise be exempt
or be eligible for
an administrative
permit as indicated
within this chart.
Major Redevelopment
1. New construction of«
building(s)or addition(s)
to the building footprint
which have a building
permit valuation which is
equal to or greater than
$150,000.
2 . _Non-Administrative
Variances for projects
within this category.
[Deleted! 1
Formatted: Left
Deleted! equal to or
| Deleted: i
Deleted: 3
Deleted: 4.
(Deleted:5.
Formatted: Left
Deleted: 5
Deleted: 6.
[Deleted:'
(Deleted:1:6
Deleted: 7
| Deleted:I: does not
administrative variance .
V Deleted: of i
any type.
1 See Section 21.81.030 of the Carlsbad Municipal Code for exceptions to when a project is exempt from
permit requirements for redevelopment and/or coastal development purposes.
2 See Section 21.81.035 of the Carlsbad Municipal Code for exceptions to when a project is exempt from
permit requirements for redevelopment or coastal development purposes.
.Redevelopment Permits
Authority for Approval
Exempt Projects. The Housing and Redevelopment Director shall
be responsible for determining whether or not a project is exempt
from the permit requirements and maintaining the record of
exemption.
Administrative Permits The Housing and Redevelopment Director
shall have the authority to approve, approve with conditions, or deny
an administrative permit for an eligible administrative permit. No
action is needed by the Design Review Board or the Housing and
Redevelopment Commission, unless appealed to the Design Review Board
or Housing and Redevelopment Commission.
Minor Administrative Permits The Design Review Board shall
have the authority to approve, approve with conditions, or deny
Minor Redevelopment Permits. The Design Review Board shall also
act upon appeals from decisions made by the Housing and
Redevelopment Director.
Major Redevelopment Permits The Housing and Redevelopment
Commission shall have the authority to approve, approve with
conditions, or deny Major Redevelopment Permits and/or tentative and
final maps, if applicable following receipt gpf a recommendation from
the Design Review Board. The Commission_shall also'act uponLappeals
from decisions made by the jDesign_ Review Board.
Permit Extensions. A request for an extension of a redevelopment permit
shall be approved, approved with conditions, or denied by the original
decision-maker with the final permit authority. A recommendation from a
lower recommending decision authority shall not be required in. advance of
this action by the final permit authority. The request for the permit
extension may be forwarded directly to the appropriate decision-maker
for a.ction.
Consolidation of Permits
I Deleted:
•{ Deleted: i"
'{ Deleted; ^T
i Deleted: j
Whenever several different types of permits or approvals are
required for a project, the decision-making body on all of the permits
shall be the body with the highest level authority on any of the
individual permits. This means that the Director, or the Design
Review Board or the Housing and Redevelopment Commission will
| be the decision-making body on all actions, including the highest
I and ^owest level permits.Deleted: i
Appeal Process
Exempt Projects. For projects within the Coastal Zone, the
Executive Director of the Coastal Commission, or the Coastal
Commission, shall have the authority to resolve disputes regarding
determinations of exemptions. For projects located within the
Redevelopment Area but not in the Coastal Zone, the determination
of exemption made by the Housing and Redevelopment Director
shall be final.
Administrative Permits. An appeal of a decision made by the
Housing and Redevelopment Director on administrative permits may
be made to the Design Review Board. All appeals must be made in
writing within ten (10) calendar days of the decision made by the
Housing and Redevelopment Director. The decision of the Design
Review Board on appeals is final.
Minor Redevelopment Permits. An appeal of a decision made by
the Design Review Board on minor redevelopment permits may be
made to the Housing and Redevelopment Commission. All appeals
must be made in writing within ten (10) calendar days of the decision
made by the Design Review Board. The decision of the Housing and
Redevelopment Commission on appeals is final.
Major Redevelopment Permits. There is no appeal from a decision
made by the Housing and Redevelopment Commission on major
redevelopment permits and/or a tentative or final map, if applicable.
Coastal Development Permits. If a project is located within the
Coastal Zone of the Village Redevelopment Area and the local action
is appealable to the Coastal Commission, an appeal must be
submitted directly to the Coastal Commission. Any person who
wishes to appeal a local action which is appealable to the Coastal
Commission should contact the Housing and Redevelopment
Department or the local Coastal Commission office for more
information.
<FO
Coastal Development Permits
Unless found to be exempt, all development within the Coastal Zone
segment of the Village Redevelopment Area shall be subject to prior
issuance of a Coastal Development Permit. This permit may be
administratively approved by the Housing and Redevelopment
Director or subject to discretionary approval by the Design Review
Board or Housing and Redevelopment Commission. The permit
summary chart on page 182 outlines the types of permits to be
issued for redevelopment projects. These permit types apply to
coastal development projects as well. For example, if a
redevelopment project is located in the coastal zone and is eligible
for an administrative redevelopment permit, then an administrative
coastal development permit will also be processed for the project.
The administrative responsibilities identified for the Housing and
Redevelopment Director as well as staff of the Housing and
Redevelopment Department shall also apply to the processing of
coastal development permits.
The appeal process is also the same for coastal development permits,
with the exception that some permits issued within the Coastal Zone
are appealable to the Coastal Commission.
Village Parking Plan
PARKING within the Village Redevelopment Area has long been .
a constraint in the revitalization of Carlsbad Village
because of the difficulties in accommodating parking
requirements on the small parcels throughout the area. This
condition substantially inhibits creative and desirable
building use changes, expansion of successful businesses
and the redevelopment of properties to more appropriate
uses. Given the relatively high land costs, small
properties have just not been able to generate enough
revenue producing space and still accommodate the required
parking. In general, the basic parking requirements are
reasonable based on parking demand for various land uses.
However, the Redevelopment Agency has determined that
options need to be available to developers/ property owners
for meeting the on-site parking requirements.
The primary purpose of this parking plan is to use parking
policies and standards as tools to achieve Village
revitalization. The objectives of the parking plan are as
follows:
l.To establish parking requirements and options to
providing parking that are an incentive for new investment
in the Village.
2. Increase the utility of existing parking resources and
the overall supply of parking as needed to accommodate
relocated and newly-recruited Businesses and new customers.
3. Control the design and configuration of parking
facilities to promote a storefront shopping environment.
Unless otherwise specified within this Village Master Plan
and Design Manual, the parking standard set forth within
this Chapter shall apply to all properties within the
Village Redevelopment Area for the applicable land use.
Chapter 21.44 (parking) of the Carlsbad Municipal Code
shall be referenced for regulation purposes only on matters
which are not specifically addressed within this Chapter of
the Village Master Plan and Design Manual.
Formatted: Justified
Formatted Table
JMinixnun Parking Requirements *
The parking standards for on-site parking for the"
properties located within the Village
Redevelopment Area are set forth in the charts\
which follow this page. The requirements set forth1
within the following charts reflect the shared
trip and high turnover characteristics of parking
in a neighborhood-oriented commercial district,
such as the Village Redevelopment Area. The
applicant for a project or a land use change shall
be required to satisfy the* on-site parking
requirements as set forth within this Chapter. The
applicant may satisfy the parking obligation by
providing the parking on-site or by receiving
approval to implement one or more of the options
noted in the "Parking Options" section of this
Chapter, provided, however, that the in-lieu fee
option shall only be permitted for those
properties located east of the AT&SF Railroad
right-of-way.
Converting Uses
Space may be converted from one approved use to
another approved use without additional parking
provided both uses have the same parking
requirements according to the parking requirements- fDeleted:
set forth within this Chapter of the Village
Master Plan and Design Manual. If the new use has
a higher parking requirement than the existing
use, additional parking must be provided. However,
parking for any existing commercial use will be
credi_ted _ towards the _new commercial use_ parking
calculation, even if the existing use prev i. ousjLy- -fDeleted:'
provided no on-site parking for the original
project
Formatted: Left: 72 pt. Right: 72
pt,Top: 50 pt, Bottom: 50 pt.
Width: 792 pt, Height: 612 pt
Deleted: addressed within
this Chapter of the Village
Master plan and Design
Manual.i
I
The applicant for a change in use must refer to
Chapter 7 of this Village Master Plan and Design
Manual to determine if a redevelopment permit is
required for the subject use conversions. The
project may either be exempt from a redevelopment
Deleted: i
I J
permit or require an administrative redevelopment
permit .T ____Deleted:
11
Application of Parking Requirements
The parking requirements set forth on the previous pages shall^ipply to all projects within the Village
Redevelopment Area. jnflien the parking requirement is not specified herein, it shall be Determined as
provided in Chapter 21.44 based upon requirements ,for trie most comparable use specified herein or in
Chapter 21.44 of ,the Carlsbad Municipal Code. If Chapter 21.44 allows the Planning JDirector to make the
determination, the Housing and Redevelopment JDirector shall be authorized to make the determination for
pro jects jtfithin the Village Redevelopment Area. _'_'_ ~ _ I ~ _
Mixed Use Parking Ratios may be used for calculating the on-site gparking requirements for a project within
the Village Redevelopment ^rea if, and when, there are clearly identifiable service or business ^areas
within a building which justify trie mixed parking ratio. Nq^administrative or regular redevelopment pennit
may be granted, ^owever, unless the decision maker finds that use of the mixed parking ratio will not have
an adverse parking impact on surrounding ^Land uses.
A maximum of forty percent (40%) of the total number of parking ^spaces provided on-site may be constructed
to meet the requirements ,pf a _small or compact vehicle, as defined in the Carlsbad Municipal jfodV.
Deleted: 1
Deleted: ?
Deleted:;
Deleted: i
( Deleted: •
| Deleted; ~
Deleted:
Deleted:
Deleted; i
( Deleted: <
I In
Tandem parking will be permitted for residential units in all of the Land Use Districts of the Village
Redevelopment Area. Tandem parking is defined as vehicles parked one after or behind another.
Parking space credit will be given for square footage of any existing commercial (or non-residential)
building on site towards the new commercial development parking requirement in all Land Use Districts of
(Deleted: i
tll§ J^Ll La£?. J^d.^^^ .?pp 1 i c a b 1 e c omrner cial pa r ki ng_ spa ce c r edi t_ wil 1 Jpe _ ba s ed_ on_ the
commerjcj:_al_use of the building at the titne_ of redevelppjnent_p_ertnit_ application. For example, if a_ 1 , 000
square foot retail building was located on a site at the time a redevelopment permit application is
submitted, the developer will receive cr edit for three (3) parking spaces in the calculation for the new
2000 square foot commercial building. This commercial space parking credit will be provided regardless of
whether or not the parking spaces were provided on or off-site of the original project. Residential
development must provide its parking on site. No credit will be given for existing residential units on a
site .
Development in the Village Airea may receive up to a 15% reduction in the number of required parking spaces
l°J- -I HIP lemen tat ion_ of programs, that support the use of public transportation and/or are located within 1500
feet of public transit such as a bus, train or trolley. The amount of the reduction shall be determined on
a case-by-case basis and will be subject to final approval by the appropriate decision-making authority.
Parking based on square footage will be calculated according to net square footage of floor space rather
than gross square footage. Net square footage means that area which remains after square footage of spaces
that do not generate parking demand are removed from the calculation of total square footage of floor space
o£ a building. Spaces which do not generate parking demand include, but are not limited to, restrooms,
stairwells, elevators, walkways, and similar space.
( Deleted; •
( Deleted: i
Deleted;!
| Deleted: a
Deleted;
Deleted: i
C-x
All development will be allowed to use creative parking alternatives such as parking lifts and/gr_elevators
on a case-by-case basis, with facility recommendation of approval by the City's Fire Chief and Public Works
Director, and final 'approval by the decision-making authority.
I Parking Options
| Providing required parking on-site is not the only
option available for meeting the parking requirements
set forth in this Chapter of the Village Master Plan
and Design Manual. The following options are also
available:
1. Lease arrangements for providing joint or shared
parking in existing or new parking lots for one or
more developments may be permitted on a case by case
basis.
Chapter 21.44 of the Carlsbad Municipal Code outlines
the conditions under which a joint/shared parking
arrangement may be permitted by the Redevelopment
Agency for two or more development projects, or
businesses, within the Village Redevelopment Area. In
the Village Redevelopment Area, however, shared
parking arrangements may be permitted with distances
of 300 feet between the parking and the subject
developments/ businesses requiring the parking. This
is an exception to the regulations outlined in
Chapter 21.44 of the Municipal Code for projects
located within the Village Redevelopment Area only.
The Housing and Redevelopment Director must evaluate
the feasibility of a joint/shared parking arrangement
between private parties and then make a
recommendation to the Design Review Board for
consideration of approval. If the Design Review Board
does not have final approving authority, the Board
must then make a recommendation to the Housing and
Redevelopment Commission as to whether or not the
parking arrangement should ultimately be approved to
assist in the subject development.
Banks are an example of a type of business that has
an on-site parking lot which may be underutilized
during the evenings and weekends. A restaurant which
is open only evenings and weekends may be able to
receive approval for a joint/shared parking
arrangement with the bank.
2. Provision of parking for a specific development or*,
business on another private lot within at least 300 feet
of the subject Development or business.
Under this option, a developer or business owner may
purchase additional property, or enter into a long term
lease for additional property, within 300 feet of the
property for the subject new development or business and
meet the required on-site parking on this separate
property. This option may be used by several businesses
or developers to meet individual parking requirements.
One or more developers/business owners could arrange to
provide parking for their individual developments or
businesses in a central location within 300 feet of each
development or business. All of the developers/business
would be responsible for on-going maintenance of the
joint/shared parking lot.
The Housing and Redevelopment Director must evaluate the
feasibility of this type of a joint/shared parking
arrangement between private parties and then make a
recommendation to the Design Review Board for
consideration of approval. If the Design Review Board
does not have final approving authority, the Board must
then make a recommendation to the Housing and
Redevelopment Commission as to whether or not the
parking arrangement should ultimately be approved to
assist in the subject development. This option would be
similar to a parking district which assesses property
owners for the provision of parking for customers or
patrons to the area.
Deleted: i
a
1I
j
1
-Page Break-
(Formatted Table
Deleted:
I 3. In-Lieu Fee may be paid toward maintenance of * - [ Formatted Table
existing, or development of future, public parking
facilities for properties in areas of the Village
Redevelopment Area which are located east of the
AT&SF railroad right-of-way. An in-lieu fee parking
program shall only be permitted in the remaining
redevelopment area west of the railroad right-of-way
when it can be demonstrated that 1) a bonafide fee
has been established .to implement such a program; 2)
specific sites have been identified where parking
facilities will be constructed; and 3) detailed
criteria and procedures have been established for the
annual assessment of parking utilization subject to
the completion of a parking study or other technical
information. The broader program must be first
reviewed and approved by the Coastal Commission as a
separate LCP Amendment for all areas of the Village
west of the AT&SF railroad right-of-way.
Parking- In-.Lieu fee Program
The In-lieu (Impact) Fee Program pools fees for all
districts within the Village to support the
development and maintenance of public parking. Fees
are based upon a determination of the estimated cost
of providing an above ground structured parking
space, including land, construction, soft costs and
maintenance. The In-lieu Fee payment will always be
made for a whole parking space.
Fees collected will be deposited into an earmarked,
interest-bearing fund to be used for construction of
new, or maintenance of existing, public parking
facilities within the Village Redevelopment Area. The
funds are pooled because all of the land use
districts within the Village share a common trade
area and all are part of a coordinated revitalization
strategy. A public parking facility which may have
direct benefit for one district will have indirect
benefits for other districts and for the Village as a
whole.
Two aspects of the In-lieu Fee Program are essential
to understand:
1. The funds are put toward development, or
maintenance, of shared Village public parking
facilities. They do not result in a reserved parking
space or spaces for those who pay the fees. Reserved
parking conflicts with the objective of maximizing
the utility of all parking resources.
2. In-Lieu fees alone are not likely to equal the
entire cost of new parking facilities on a per space
basis. They will need to be matched or leveraged with
other funding sources. Because they are intended to
function as an incentive, in-lieu fees are not
expected to cover the cost of remedying existing
parking deficits. In-lieu fees will also reflect the
fact that public parking will be shared resulting in
better utilization and relatively lower costs in
comparison to the cost of exclusive on-site private
I parking.,
For the purposes of determining participation in »the [FormattedTable
Village Parking In-Lieu Fee Program, the Village is
hereby divided into two (2) parking zones as shown on
Figure 16. Developers/property owners will be eligible
to participate in the program according to the parking
zone in which they are located and if the following
findings can be made.
No redevelopment permit will be issued with approval to
participate in the in-lieu fee program, unless the
appropriate decision-maker finds that:
1. The project is consistent with the goals and, {Deleted:
objectives of the Village Master Plan and Design Manual;
and
2. The use is consistent with the land use district in
which the property is located; and
3. Adequate public parking is available within the
Village to accommodate the project's parking demand; and
4. The In-Lieu Fee Program has not been suspended or
terminated by the Housing and Redevelopment Commission.
Deleted:
Deleted:]
Parking Zones
I Figure 16 identifies the zones for the In-lieu Fee If the property is not located within 600 feet of an •«••-- | Formatted Table
Parking Program. The participation restrictions existing public parking facility but a new facility is
outlined below correspond to the appropriate zone proposed to be constructed and available for use within
number. a period not to exceed three (3)w, a developer/property I Deleted: two (2) years
owner will be eligible to make an in-lieu fee payment
ZONE NO. 1 for up to 50% of the on-site parking requirement.
Developers/property owners within this zone may be If the property is not, and will not soon be, located
allowed to make an In-lieu Fee payment for up to one within 600 feet of an existing or proposed public
hundred percent (100%) of the on-site parking parking facility, a developer/ property owner will be
requirement for the proposed new development, eligible to make an in-lieu fee payment for a maximum of
conversion and/or intensification of use_ if Jthe_25% of the on-site p_ajking requirement. f Deleted: -
property is located within 600 feet of an existing
public parking facility. (See Figure 17 for existing
public parking facility locations.)
I If the property is not located within 600 feet of an
existing public parking facility but a new facility
is proposed to be constructed within a period not to
| exceed three (3). years, a developer/_property owner .. • j Deleted: two (2)
will be eligible to make an in-lieu fee payment for
up to 100% of the on-site parking requirement.
I If the property is not, and will not soon be, located
within 600 feet of an existing or proposed public
parking facility, a developer/property owner will be
eligible to make an in-lieu fee payment for a maximum
of 50% of the on-site parking requirement.
ZONE NO. 2
Developers/property owners within this zone may be
allowed to make an In-lieu Fee payment for up to
fifty percent (50%) of the on-site parking
requirement for the proposed new development,
conversion and/or intensification _qf use if _ _the .. [ Deleted:
property is located within 600 feet of an existing
public parking facility. (See Figure 17 for existing
public parking facility locations.)
^Public Parking Resource Management Deleted: 1
In order to manage the existing public parking
resources for the In-lieu Fee Program and ensure
timely construction of new public parking facilities,
the Housing and Redevelopment Department shall
conduct £i Village Parking Utilization Survey. The
Housing and Redevelopment Department may conduct the
survey at any time when deemed appropriate and/or
necessary to ensure the timely construction of new
public parking facilities and continuation of the In-
Lieu Fee Program; this may be on an annual basis or
several times a year. Upon reviewing the survey
results, if the Department finds that there are
insufficient public parking resources ,tp accommodate
additional requests from developers/property owners
to make an In-lieu Fee payment for on-site parking in
either zone, the Department shall recommend to the
Housing and Redevelopment Commission that this policy
be temporarily suspended until additional parking
capacity has been provided or is sufficiently
committed to ensure the timely development of
additional public parking facilities.
By annually reviewing the status of the In-lieu Fee
Program and plans for expanding and/or constructing
new public parking facilities as appropriate, the
Housing and Redevelopment Commission will ensure that
implementation of this parking program/option will
not have a significant adverse impact on public
parking resources within the Village Redevelopment
Area.
As necessary and on a case-by-case basis, tfte Housing
and Redevelopment Commission shall Determine the
appropriate public parking utilization ratio to be
considered in determining whether or not there are
adequate public parking resources available to
continue to allow P.ar;tijcip_at_ion__in_the program.
•{Formatted Table
Deleted: during peak
hours/days
Setting the Parking In-lieu Fee.
The methodology for determining the In-lieu Fee Parking
Fee and the respective amount of the fee shall be fixed
by a schedule adopted, from time to time, by resolution -f Deleted: an annual
of the Housing and Redevelopment Commission, in
accordance with the Housing and Redevelopment Commission
Policies and Procedures Manual.
The fee shall be set at a given percentage of the total
cost of providing a single above ground structured
public parking space; the percentage shall be set by the
Housing andRedevelopment Commission as part of the.
"method" for determining the fee. This percentage shall
recognize the fact that the in-lieu fees will need to be
matched or leveraged in order to produce public parking
for the Village and that public parking will be jointly
used by developers paying the In-lieu Fee. The fee is
not expected to cover the entire cost of providing a
single space of public parking. The fees will be pooled
and matched/leveraged to produce additional parking
facilities.
For more details on the methodology to be used for
establishing the fee for the program, reference should
be made to the Housing and Redevelopment Commission
Policies and Procedures Manual.
Parking Zones for In-Lieu Fee Program
Figure 16 provides a map which sets forth the boundaries
for the two (2) zones for the In-Lieu Fee Parking
Program. The participation restrictions outlined in the:. -| Deleted: T
previous pages correspond to the zone number indicated i ———•• • - vv • i. • • w • i -. ~ 1 Deleted: annually don the following map shown in Figure 16. Figure 17 v
provides a map of the various public parking lots which
are located within the Village Redevelopment Area. As
outlined in the previous pages on the In-Lieu Fee
Program, the location of the public parking lots is used
to determine the percentage of the on-site parking
requirement which can be satisfied through payment of a,'
parking in-lieu fee. T
Deleted:;
J
I
I
I
1
farking Management Plan
A common problem within downtown areas is that of downtown problems. The compliance measures tor the PX.an
merchant and employee utilization of prime customer could range from employee parking stickers, to license
parking. In the Village Redevelopment Area, the plate checks and fines.
Redevelopment Agency will implement ,two (2) programs ......
for parking management purposes. Parking Improvements
Deleted: i
1
1
--Page Break -
Formatted Table
Deleted: 1
First, in the core downtown area (see Figure 18 for
the boundaries), all on-street parking will be
limited to three. (3), hours maximum (no less), unless
a street or portion of the street has already been
posted as a "no parking area" such as Carlsbad
Village Drive or has a more restrictive time
constraint. If not already posted, the Redevelopment
Agency will work with the City's Traffic Commission
| and City ^Traffic Engineer to approve the three, (3),
hour parking restriction and the appropriate signs in
accordance with the policy of so restricting traffic
in the areas indicated on Figure 18. The Agency will
work with the City's Police Department for
enforcement of the three (3). hour parking
restriction.
All public parking lots within the core downtown area
shall remain with unlimited parking - no time
restrictions, unless a determination is made by the
City Council that a public parking lot requires time
limits for parking management purposes. The lots will
be available for merchants/employees in the Village
who need all day parking and/or customers who will be
in the area for longer than three ,,(3), hours.
Second, in all areas of the Village, the
Redevelopment Agency will work with the Village
Business Association to establish a program designed
to encourage merchants and their employees to use
non-prime parking in an effort to make the prime
parking available to Customers of all businesses in a
given area. If efforts to gain voluntary compliance
are unsuccessful, the Agency will work with the
Village Business Association to establish a Parking
Management Plan which may be much more aggressive and
tailored to specific
Parking improvements within the Village Redevelopment
Area shall ^reflect the following policies:
1. Improvements should enhance both real and perceived
supply of ^parking.
2. Shared lot arrangements should be established or
facilitated wherever possible. Most areas within the
Village do not have a supply problem as much as a
utility and distribution problem. *•"•..
{ Deleted; I
Deleted: two
(Deleted; (2)
Deleted:;
Deleted: i
Deleted: two
3. To minimize visual impacts and disruption of {Deleted; (2)
commercial frontages, new lots should be constructed off
the ^ main Jthorpughfares_. They should be _ distributed''Deleted: two (2)
throughout the Village, rather than concentrated in a' \ Deleted; sc
single location. They should incorporate attractive
design features and landscaping that complements the
image of the Village.
Deleted: two
Deleted: (2)
4. Parking structures should be used when parking--
opportunities are constrained by land availability or'
negative impacts on adjacent commercial or residential),
fabric. If located on a thoroughfare, they should alwai^'
include first floor commercial uses. • ,'•','
The map provided in Figure 18 indicates the boundaries
of the area for three, (3J hour parking restrictions _witf'ty
the Village Redevelopment Area. As shown on the map, the/
three. (3,) hour parking restrictions shall be limited_/£'o/
the core downtown area. .' .•/
All on-street parking within area identified in Figure,
18 will be restricted to three, (jy hour parking, wi.th/'
approval of the appropriate .prdinance by the Cit;y,
Council as recommended by the Traffic Commission. Tfie
three, (jy hour parking_ restriction will not apply /£o
public parking lots within the boundaries of the tiyrie-
Deleted: two
( Deleted:1:2
Deleted: two
Deleted: 2
Deleted: i
Deleted: two
( Deleted;:
{Deleted:1:1
Deleted: two
{ Deleted::
Deleted: downtown problems.
The compliance measures for
the Plan could range from
employee parking stickers,
to license plate checks and
fines.
restricted parking area, unless the City Council
determines that short term parking is required within a
off-street public parking lot for parking management
purposes, and/or to parking meters., ..Deleted:
Bars and Cocktail
Lounges
Definition
An
an 3
th
fo
en
establishment where Alcoholic
verages are the primary product sold,
those sales are not incidental to
= sale of meals. These establishments
ma f not offer live music, recorded music
: dancing, comedy or other
:ertainment.,
Considerations
1. Bars are often sources of late night noise
near premise exits, around parking areas and on
vehicular and pedestrian paths leading away
from the premises.
2. Front facades are often largely devoid of
windows- or-covered with signs and-other
- obstructions -resulting- in ~s -gap- in -an
otherwise interesting street facades.
Location and Development Criteria
1:-Bars/Cocktail Lounges should-not be
located along frontages where they would
disrupt retail continuity unless their
frontage is limited to 25 feet or less.
2. Bars/Cocktail Lounges should not be
located where they are likely to adversely
impact residential uses.
3. Bars/Cocktail Lounges should not be
located so as to create a concentration of
this use in one area. No bar/cocktail
lounge shall be located within 500 feet of
any other bar/cocktail lounge.
4. An adequate supply of parking, ^.s set
forth within this manual, shall be located
conveniently nearby.
5. Facades shall be treated in a manner
similar to other storefronts and should be
designed with a Village character.
6. An opening shall be provided through
which an unobstructed view of the interior
of the premises can be obtained from the
street upon which business fronts.
7. Surrounding grounds,
including parking areas,
shall be maintained in a neat
and orderly condition at all
times.
8. Any structure housing such
operation shall meet all
applicable-building code
- provisions -prior-to
occupancy.
9. Owner shall not permit
open containers of
alcoholic liquor to be taken
from the premises.
Findings
In order for this use to
receive a Redevelopment
Permit, it should be
consistent with the following
findings:
1. The Bar/Cocktail Lounge
will not likely have a
negative impact on Village
residents.
2. Adequate parking is
conveniently located near the
premises.
3. The exterior design of the
facility and signage are
appropriate to the Village
and compatible with adjacent
I Deleted: serving an
Deleted: B
Deleted: which does not meet
the I
definition of, or
requirements for, a I
bonafide public eating
establishment (see
definition in municipal
code).
Deleted: ,-
Night Clubs Considerations
Definition 1. Nightclubs, as nighttime activities, have
Thb-s use shall also be known as a Jbar or the potential of creating noise problems for
co?ktail lounge with entertainment.
An
be
/ establishment where alcoholic
/erages are the primary product sold,
th
mu
da
en
an 1 those sales are not incidental to
5 sale of meals and also offers live
sic, recorded music for dancing, a
ice floor, comedy or other
:ertaj.nment on a regular basis. This
type of establishment typically has a
co/er charge for entrance.
nearby residential areas.
2. Nightclubs, because of their floor show
and/or dance floor requirements, often require
large blocks of floor area which could displace
other desired uses.
3. Nightclubs are generally inactive during
normal business hours and can create a gap in
interesting activity if located along retail
frontages.
4. "The intensity of use"of nightclubs is
generally very high since many patrons may be
standing or dancing rather than seated at
tables. This intensity can create the need for
substantial nearby parking.
5. Sidewalk crowds waiting to enter the
nightclub and during intermissions or music
breaks are not uncommon and can be a hindrance
to normal pedestrian movement if located near
other nighttime uses such as restaurants.
6. The total number of night clubs within the
Village at any given time shall be limited. An
over concentration of night clubs could be
detrimental to the Village. Special
consideration shall be given to the potential
for proliferation of night clubs by assessing
the number and type within the Village at any
given time and the impact an additional club
might have on the environment or atmosphere
within the
Village.
Location and Development
Criteria
1. Nightclubs or parking
serving nightclub uses should .. / Formatted: Font: italic
" not generally "be located
adjacent to residential
development.
2. Nightclubs should contain
adequate on-site parking or
be located near public
parking resources with
sufficient capacity to serve
their parking requirements.
3. The location should be
" such" ~that~cdrifTic£s "with " "
other nighttime uses are
minimized or design steps
should be taken to accomplish
that goal.
Findings
In order for this use to
receive a Redevelopment
Permit, it should be consis-
tent with the following
findings:
1. The site is suitable for a
nightclub use and will have a
minimal impact upon
Village traffic, parking,
residents and other adjacent
uses.
Deleted: A place of
entertainment, mostly open ?
at night, serving food and
liquor or J
other refreshments, and
having a floor I
show or providing music and
a space 1
for dancing.
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LEGISLATIVE DRAFTS
PROPOSED AMENDMENTS
CITY COUNCIL POLICY NO. 65
SIGNS ON PUBLIC PROPERTY
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 1 of 10
Policy No. 65
Date Issued
Effective Date
Cancellation Date [
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
SECTION ONE: PROPRIETARY CAPACITY; CHANGES TO POLICY
In adopting this policy, the City Council acts in its proprietary capacity as to Public Property within the City.
This Policy Statement may be changed at a regular public meeting of the City Council.
SECTION TWO: INTENT AS TO PUBLIC FORUM
The City declares its intent that all Public Property in the City shall not function as a designated public forum,
unless some specific portion of Public Property is designated herein as a public forum of one particular type; in
such case, the declaration as to public forum type shall apply strictly and only to the specified area and the
specified time period, if any.
SECTION THREE: SIGNS MUST BE PERMITTED OR EXEMPTED
No party other than the City may post, mount or display a "sign," as defined in the sign ordinance, may be
displayed on Public Property, unless a Public Property Sign Permit therefore has first been issued, or the
subject sign is expressly exempted from the Public Property Sign Permit requirement by this Policy Resolution
or another applicable Policy Resolution. For purposes of this provision, a "Public Property" means property,
real or personal, in which the City of Carlsbad and/or the Carlsbad Redevelopment Agency holds the present
right of present possession and control, as well as all public rights of way.
All Public Property Sign Permits must be consistent with the policies stated herein. Any sign posted on Public
Property within the City, contrary to the policies stated herein, may be summarily removed as a trespass and a
nuisance by the City.
SECTION FOUR: TEMPORARY POLITICAL, RELIGIOUS, LABOR PROTEST AND OTHER
NONCOMMERCIAL SIGNS IN TRADITIONAL PUBLIC FORUM AREAS
This section applies only when the Special Events Chapter of the Carlsbad Municipal Code does not. In areas
qualifying as traditional public forums, such as city streets, city parks and public sidewalks, and the area
immediately around the exterior of city hall, persons may display non-commercial message signs thereon
without first obtaining a Public Property Sign Permit, provided that
their sign display on Public Property conforms to all of the following:
1. The signs must be personally held by a person, or personally attended by one or more persons. "Personally
attended" means that a person is physically present within five feet of the sign at all times.
2. The signs may be displayed only during the time period of sunrise to sunset.
3. The maximum aggregate size of all signs held by a single person is 10 square feet.
4. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 2 of 10
65Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
5. The displayed signs may not be inflatable or air-activated.
6. In order to serve the City's interests in traffic flow and safety persons displaying signs under this section
may not stand In any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying
signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by.
SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES
The Community Development Director shall prepare and make available to the public a form for Application for
a Public Property Sign Permit (Permit), which shall, when fully approved, constitute A Permit and indicate the
City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the
same person or entity who is to be the owner of the sign. The processing fee for each application, which shall
not be refundable even if the application is denied, shall be the same as the fee for a sign permit under the
sign ordinance. To each application form shall be attached a copy of this Policy Statement. The application
form shall require the applicant to indicate that he or she has received a copy of this Policy Statement, and
that they shall abide by its terms, as well as any special terms or conditions which may be stated on the
Permit, and to abide by any new or different conditions which may be imposed on all permittees who are
similarly situated.
Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply
informing the applicant of the nature of the error in issuance; any applicant whose permit is revoked as issued
in error may, at any time thereafter, submit a new permit application which cures any deficiencies in the
original application. The application fee shall apply separately to each new application. Applications which
fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are
denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign
permits, as described in the Sign Ordinance.
SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT
The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs
erected by the City or another governmental unit; official notices required by law; signs placed by the City in
furtherance of its governmental functions; signs allowable under Section Four of this Policy.
SECTION SEVEN: PERMITS FOR A-FRAME SIGNS IN CARLSBAD VILLAGE REDEVELOPMENT AREA,
BEARING COMMERCIAL MESSAGES ONLY
1. INTENT AS TO PUBLIC FORUM
The areas and times controlled by this section are designated to constitute a limited access, non^ublic forum
which is strictly limited to commercial messages, and which is open only to those persons described in this
H Deleted: Page Break-
Deleted:
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 3 of 10
Policy No. 65
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
section and on the terms stated in this section.
2. WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS
" A-Frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the
public right-of-way, within the Carlsbad Village area only, namely, on the public sideway directly in front of the
store or other establishment displaying the sign.
Such signs may have no more than 2 display faces, every display face shall be a flat, smooth surface, and
remain completely free of dangerous protrusions such as tacks, nails or wires however, cutouts of any shape
are allowed. Sign faces shall be back to back. No banners, ribbons, streamers, balloons, or attachments of
any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is
hinged, or which otherwise swings or hangs from a frame. No glass, breakable materials or illumination is
allowed. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-
supporting, stable and weighted or constructed to withstand overturning by wind or contact.
All such signs may be placed in the permitted space on the public right-of-way only when the retail
establishment is actually open for business. The sign must be placed on the public sideway in a manner which
maintains a clear pedestrian area of at least five (5) feet over the entire length of the sidewalk in front of the
business.and be located directly in front of the business which owns the sign.
Each display face shall have a maximum area of 15 square feet, and shall not exceed 5 feet in height or 3 feet
in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have
special illumination and the display portion may have no parts which move, flash, blink orfluoresce.
Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed.
The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light
poles, trees or other plants, or any merchandise of products displayed outside permanent buildings.
At no time may the sign be placed In the street or in any position which impedes the smooth and safe flow of
vehicular and pedestrian traffic, or which interferes with driver or pedestrian sight lines or comer clear zone
requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to a
public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with
disabilities., ..__.. . _ _.. _ . _ _
Deleted: within the 2 feet H
closest to the curb or edge of the
sidewalk,
Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs
shall not simulate in color or design a traffic sign or signal, or make use of words, symbols, or characters in
such a manner as may confuse pedestrians or drivers.
Deleted: A clear area of at least 5
feet in width must be maintained for
pedestrian use over the entire H
length of the sidewalk in front of the
business.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 4 of 10
65Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean, neatly
painted, and free from dust, rust and corrosion. Any cracked, broken surfaces, missing sign copy or other
unmaintained or damaged portion of a sign shall be repaired or replaced or removed within 30 days following
notice by the City.
The copy on the sign must be strictly of a commercial nature, must not include copy or messages pertaining to
"noncommercial speech" as that term is defined in the Sign Ordinance, and must refer or pertain to goods,
activities or services which are actually available in the subject store at the time the sign is displayed.
3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT AREA
The A-Frame Signs allowed by this section may be displayed only by the operators of a business j/vithin the
Village Redevelopment Zone, who hold a .currently valid City business license, who are not currently in
violation o^any of the^oning, land use, environmental or business regulatory laws, rules or policies of the City.
Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is
located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists
all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame
sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance.
However, all existing building siqnaqe for a business must conform to the sign standards set forth within the
Village Master Plan and Design Manual before a permit will be approved for a sign on the public sidewalk.^
4. TRANSFER OF PERMIT
The Permit attaches to the business at the location specified. If the business is sold or transferred, and
remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who
shall be bound to the terms and conditions of the original Permit. However, if the business which first obtained
the Permit moves to a different location, or if the location is then taken by a new business, a new application
and Permit shall be required.
5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL
The Permit is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause
only when it does so to all permittees who are similarly situated. Any Permit may be revoked for
noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a
noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a
Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours
of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage
Deleted: retail commercial H
establishments with ground floor
frontage on streets
~\ Deleted:
1 Deleted:, or nonconformance with,
( Deleted: H
Deleted: V
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 5 of 10
65Policy No,
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
i-sssaaiemfj»ia:.t
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be
returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees
hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on
public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the
permitted sign, when they submit the original application.
6. TEMPORARY REMOVAL
The City may give notice, by any reasonable means, that consent to display an A-frame is or shall be
withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation,
dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the
public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the
City may summarily remove a permitted sign without notice, for a time sufficient to deal with the urgency. All
permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to
display only in accordance with the City's directions.
7. INSURANCE AND INDEMNITY
A Permit under this section will be issued only to an applicant who provides evidence of comprehensive
general liability Insurance coverage, in a form satisfactory to the Housing and Redevelopment Director and the
Risk Manager, which shall name the City and Carlsbad Redevelopment Agency as an additional insured and
provide thirty-day notice of cancellation. The minimum liability coverage on such policy shall be one million
dollars; such coverage shall apply to claims of personal Injury Including death, property damage and
advertising injury. Application for a Permit shall constitute an agreement to hold harmless, defend and
indemnify the City and Carlsbad Redevelopment Agency against all claims relating to property damage or
personal injury, including death, which assert that the permitted sign played any legally significant role in the
creation of the liability.
8. CANCELLATION OR MODIFICATION OR PROGRAM
The City and/or Housing and Redevelopment Commission may, at any time and for any reason, cancel or
modify this program allowing commercial A-Frame^igns in the public right-of-way in the Village
Redevelopment Area.
SECTION EIGHT: REAL ESTATE FOR SALE "KIOSK" SIGNS IN PARTICULAR LOCATIONS
1. INTENT AS TO PUBLIC FORUM
The City's intent as to this section is to designate a strictly limited public forum, which allows only the posting
Deleted: Community Development
Director
Deleted:
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
Page 6 of 10
Policy No. 65_
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
General Subject: Signs on Public Property
Specific Subject:
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
in convenient places of directional information regarding tract housing developments which are currently
selling homes located within the City.
2. KIOSK SIGNS FOR NEW TRACT HOUSING DEVELOPMENTS
Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, 7 feet in width, which
contain modular information strips, not exceeding 10 inches in height, 6 feet in width, providing information
about tract housing developments (of more than 4 units) which are currently selling new homes located within
the City. Such signs may display only the following information: the name of the development, developer
and/or marketer thereof, and the direction to the development from the sign.
Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign.
One kiosk design will be utilized throughout the city. This kiosk design is on file in the Planning Department. All
tract housing development signs mounted on the kiosks shall be the same design and shall be white wood
with black reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be
all upper case letters not more than 6 inches in height.
Individual tract housing development directional signs shall be approved by the Planning Director prior to
mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk
before building permits have been issued for the model homes.
There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign
as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs
or temporary subdivision directional signs.
Any sign placed contrary to the provisions of this section may be removed by the city without prior notice.
Each approved tract housing development may have up to a maximum of 8 directional signs. Upon approval
by the Planning Director, directional signs shall be permitted until the homes within the housing development
are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted
by the Planning Director.
A neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising
the housing development anywhere in the City. If any advertising signs are erected and not promptly removed
upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no
refund given.
3. PRIVATE CONTRACTOR FOR MANAGEMENT OF THE KIOSKS
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 7 of 10
Policy No. 65
Date Issued [KlSSsttl
Effective Date
Cancellation Date [ ¥$$i&ffiiit\
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
The City may enter into a contract with a private contractor to design, erect, modify, replace, maintain and
manage the kiosk signs allowed by this section. Such contract must be approved by the City Council, and
may require that the contractor pay to the City a rent or royalty on advertising revenues. All the terms of said
contract, and all payments to the City hereunder, shall be public information.
4. INSURANCE REQUIREMENT
In the event the City selects a private party contractor to manage the kiosks, the City may require the private
party contractor to provide evidence of comprehensive general liability insurance coverage, in a form
satisfactory to the Community Development Director, which shall name the City as an additional insured, and
provide 30-day notice to the City of cancellation. The minimum liability coverage on such policy shall be one
million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend
and indemnify the City against all claims relating to property damage or personal injury, Including death, which
assert that the kiosk sign played any legally significant role in the creation of the liability.
5. ALLOWABLE LOCATIONS
The kiosks allowed by this section may be located only as shown on Attachment A.
SECTION NINE: TEMPORARY POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY DURING CAMPAIGN
PERIODS
1. INTENT AS TO PUBLIC FORUM
In this section only, the City's intent is to designate a public forum which is available only at limited times and
places for sign expression on political and other noncommercial topics, absolutely without favoritism as to any
speaker, topic or point of view. The display opportunities afforded by this section are in addition to those in the
Sign Ordinance which allow noncommercial speech at all times.
2. TEMPORARY CAMPAIGN SIGN PERMIT; APPLICATION FORMS AND PROCEDURES
The procedure for the approval of a temporary campaign sign permit is as follows:
The zoning enforcement officer shall notify candidates and/or their state/local campaign committee
chairpersons for national, state, local or county office and chairpersons of campaign committees for or
against any measure appearing on the ballot for a statewide, local or county election of the temporary
campaign sign requirements as provided herein.
Deleted:
V
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 8 of 10
65Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
Prior to the posting of any temporary campaign signs, the candidate, the chairperson of a campaign
committee or any other person designated by the candidate or chairperson who is responsible for the
posting of said sign, shall obtain a temporary campaign sign permit. The permit, on a form prescribed
by the community development director or his deslgnee, shall include the name, address and phone
number of the candidate or campaign chairperson and any person responsible for the posting of signs.
The permit shall be signed by the candidate, chairperson or person responsible for the posting of the
signs.
A nonrefundable processing fee, in an amount established by City Council, shall be paid at the time
the application for the permit is made. The fee shall be used to defray the cost of issuing the permit
and administering. These fees apply to all signs, which may be displayed under this section for the
relevant period, and shall not be assessed on a per sign basis.
A refundable deposit, in an amount established by City Council, shall be paid at the time the permit is
issued. This deposit shall be refunded to the permittee within 5 days after the removal of the
permittee's temporary campaign sign or signs. If the permittee does not remove the signs they may be
removed by the Community Development Director or designee without further notice. The deposit may
be used to defray the cost of removal. The Community Development Director or designee may also
charge any expense incurred hereunder to the permittee. Any candidate or campaign committee which
is able to show financial inability to pay the refundable deposit may request a waiver from the City
Council.
• The Community Development Director or designee is authorized, after giving 2 days written notice to
the person or persons who signed the sign permit, to remove any temporary campaign signs that do
not conform to the standards herein provided. The cost of such removal may be charged to the
permittee.
3. TIME PERIOD
The signs allowable under this section may be displayed only during the period of time 45 days proceeding
and 10 days following a general, special or primary election. All political and other noncommercial message
signs must be removed from public property, by the permittee or his/her designee, not more than 10 days after
the election.
4. LOCATIONS
This section allows the display of signs expressing political or other noncommercial messages. The signs
allowable under this section may be placed in the public right-of-way adjacent to a public street in
commercially or industrially zoned areas or in residentially zoned areas along prime or major arterials as
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
Page 9 of 10
Policy No. 65
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
shown in the Circulation Element of the General Plan.
5. PERSONS WHO MAY RECEIVE A PERMIT UNDER THIS SECTION
Any person who will abide by the terms and conditions of this section may receive a permit. Removal,
defacement, alteration, obliteration, destruction or tampering with signs permitted under this policy without the
permission of the owner is prohibited. Such signs may not be placed in such a manner as to obscure or cover,
in whole or in part, any other sign permitted under this section.
6. PHYSICAL REQUIREMENTS
Signs which are allowable under this section may not exceed 6 square feet in display area, must be made of
materials and construction methods to withstand normal weather conditions for the period of display, and
mounted in such a manner that they will not be blown away or dislodged by normal weather and climate
conditions for the area. Each sign must be mounted at least 1 foot above grade, and no higher than 6 feet
above the grade. Permitted signs may not be specially illuminated.
No sign shall be:
attached to any utility pole, bus bench, pole or structure supporting a traffic control sign or
device, or hydrant.
• placed on any tree or shrub by any nail, tack, spike or other method which will cause physical
harm to the tree or shrub.
• placed in such a manner as to obstruct the public use of the sidewalk or interfere with the
visibility of persons operating motor vehicles or constitute a hazard to persons using the public
road right-of-way.
• placed in the roadway or on the sidewalk.
• placed in the portion of the public right-of-way or easement past the sidewalk without the
consent of the adjoining property owner or person in possession if different than the owner.
7. REMOVAL OF NONCONFORMING SIGNS
Signs which do not conform to this section or any permit issued under this section shall be summarily
removed by the City upon discovery of the nonconformance.
SECTION TEN: SIGNAGE ASSOCIATED WITH SPECIAL EVENTS
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Signs on Public Property
Specific Subject:
65
Page 10 of 10
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No. 65. dated 7/18/06
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
When the City allows a special event, the Special Event Committee shall approve the location,
number, duration of posting and content for "Road Closure Notification" and "Traffic
Control/Directional" signs as described in the Carlsbad Municipal Code. The Special Event Committee
shall approve the location and duration of posting for "Promotional" signs as described in the Carlsbad
Municipal Code.
Signs within the venue shall conform to size requirement and may only be posted during the time
authorized in the Special Event Permit.
SECTION ELEVEN: LAMP POST^BANNERS
.City-owned lamp posts are reserved for the exclusive use of the City and the Redevelopment Agency to
display its own messages and images. The specifics regarding the use of such space for display of banners is
delegated to the City Manager or designee, who may detail such specifics in administrative directives. T
Banners may be installed by the Carlsbad Redevelopment Agency and/or City of Carlsbad on selected light
standards and/or traffic signals within the City. These banners shall be for the advertisement and/or promotion
of events and/or programs which are officially sponsored or co-sponsored and financially supported by the
Carlsbad Redevelopment Agency and/or the City of Carlsbad. The banners shall not include any commercial
advertisement for any individual business or private, non-city organization.
Deleted: USE OF PUBLIC LAND
FOR
Deleted: fl
Deleted: Banners may be placed by
the City on Public Property in the
public right-of-way only in the Village U
Redevelopment Area.
\\
SUMMARY CHART
EXISTING STANDARDS VS.
PROPOSED STANDARDS
0 250 SQO 1,000
City of Carlsbad
Village Redevelopment Zone
Map created ty the City of Carlsbad Gt$. PofHons of this DERIVED PRODUC
contain geographic information copyrighted by SanGIS. Ail Rigtits Reserved.
VILLAGE DEVELOPMENT STANDARDS
SUMMARY CHARTS
OF
CURRENT AND PROPOSED
STANDARDS
HOUSING AND REDEVELOPMENT DEPARTMENT
CITY OF CARLSBAD
2965 ROOSEVELT STREET, SUITE B
CARLSBAD, CA. 92008
(760) 434-2815
..to
VILLAGE DEVELOPMENT STANDARDS
SUMMARY OF EXISTING STANDARDS
District
Setbacks
Open Space
Building
Coverage
Building
Height
Parking
Requirements
Density
Inclusionary
Planned
Development
(additional
requirements
beyond above
standards)
1
Front: 0 to 10'
Side: No min.or max
Rear: No min or max
20%
Commercial: 80 -
100%
Residential: 60 - 80%
Mixed Use: 60 -80%
35' with minimum
5:12 roof pitch
45' with minimum
5:12 roof pitch &
over parking structure
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive-
way; 200 sf community
recreational space
required (=>10 du);
recreational must be
Dassive & active (=>25
du); Recreational
Vehicle Storage (=>25
du); 480 cu ft of
separate storage space
per unit; Min. building
separation of 20' avg
with a min of 10'
>etween structures;;
15'X15'patioorl20sf
of balcony area (<=10
du)
2
Front: 5 to 15'
Side: 5 to 10'
10' street side
Rear: 5 tolO'
20%
All projects:
60 - 80%
35' with minimum
5: 12 roof pitch
45' with minimum
5:12 roof pitch &
over parking
structure
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive-
way; 200 sf
community
recreational space
required (=>10 du);
recreational must be
passive & active
(=>25 du);
Recreational Vehicle
Storage (=>25 du);
480 cu ft of separate
storage space per
unit; Min. building
separation of 20' avg
withamin.of 10'
jetween structures;
5'X15' patio or
20sf of balcony area
<=10 du)
3
Front: 5 to 20'
Side: 5' minimum
Rear: 5 to 10'
20%
All projects:
60 - 80%
35' with minimum
5: 12 roof pitch
45' with minimum
5: 12 roof pitch &
over parking
structure
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24" drive-
way; 200 sf
community
recreational space
required (=>10 du);
recreational must be
passive & active
(=>25 du);
Recreational Vehicle
Storage (=>25 du);
480 cu ft of separate
storage space per
unit; Min. building
separation of 20' avg
with a min of 10'
jetween structures;
15'X15' patio or
I20sf of balcony area
(<=10 du)
4
Front: 0 to 10'
Side: 5 to 10'
Rear:5tolO'
20%
Commercial: 80 -90%
Residential: 60 - 80%
Mixed Use: 60 -80%
35' with minimum 5:12
roof pitch
45 ' with minimum 5:12
roof pitch & over
parking structure
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive- way;
200 sf community
recreational space
required (=>10 du);
recreational must be
passive & active (=>25
du); Recreational Vehicle
Storage (=>25 du); 480
cu ft of separate storage
space per unit; Min.
building separation of 20'
avg with a min of 10"
between structures;
15'X15'patioorl20sfof
balcony area (<=10 du)
5
Front: 5 to 20' for
residential; 5 tolO'
for commercial
Side: 5 to 10'
Rear: 5 to 10'
20%
All projects:
60 - 80%
30' with minimum
4:12 roof pitch
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive-
way; 200 sf com-
munity recreational
space required (=>10
du); recreational must
be passive & active
(=>25 du);
Recreational Vehicle
Storage (=>25 du);
480 cu ft of separate
storage space per
unit; Min. building
separation of 20' avg
with a min of 10'
between structures;
15'X15' patio or 120
sf of balcony area
(<=10du)
6
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 10'
20%
All projects:
50% to 80%
35' with
minimum 5: 12
roof pitch
See Attached
Range: 15 to 23
GMCP 19
15%
Not Applicable
Multi-Family
Not Permitted
7
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 10'
20%
All projects:
60 - 80%
35' with minimum
5: 12 roof pitch
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive-
way; 200 sf
community
recreational space
required (=>10 du);
recreational must be
passive & active
(=>25 du);
Recreational Vehicle
Storage (=>25 du);
480 cu ft of separate
storage space per
unit; Min. building
separation of 20' avg
with a min of 10'
between structures;
15'X15' patio or
120sf of balcony
area (<=10 du)
8
Front: 5 to 15'
Side: 5 to 10',
street side; 10% of
lot width
Rear: 5 to 10'
20%
All projects:
60 - 80%
35' with minimum
5: 12 roof pitch
See Attached
Range: 15 to 23
GMCP 19
15%
Minimum 24' drive-
way; 200 sf
community
recreational space
required (=>10 du);
recreational must be
passive & active
(=>25 du);
Recreational Vehicle
Storage (=>25 du);
480 cu ft of separate
storage space per
unit; Min. building
separation of 20' avg
with a min of 10'
between structures;;
15'X15' patio or 120
sf of balcony area
(<=10 du)
9
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 15'
20%
Commercial:
80-100%
Mixed Use: 60
-80%
35' with
minimum 5: 12
roof pitch
45' with
minimum 5:12
roof pitch &
over parking
structure
See Attached
Range: 15 to 23
GMCP 19
15%
Not Applicable
Multi-Family
Not Permitted
VILLAGE DEVELOPMENT STANDARDS
SUMMARY OF PROPOSED REVISIONS
District
Setbacks
Open Space
Building
Coverage
Building
Height
Parking
Requirements
Other Parking
allowances
1
Side & Rear: 0 ft
Front: 0 ft minimum
- ground floor; 10 ft
average for I™1*
above floors.
20%
(private or public
open space counts)
All projects: 100%
45'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather than
gross
a. Tandem parking
allowed for residential.
b. Parking Space credit
given for commercial
(non-residential)
square footage of any
existing building on
site (at time of
application).
c. Continue Parking
In-Lieu Fee Program.
d. Allow use of
parking lifts/elevators
e. Up to a 15%
reduction in required
parking spaces for
programs that support
public
transportation
2
Side & Rear: 0 ft
Front: 0 ft - ground
floor; 10 ft average
for 2nd & above
floors.
20%
(private or public
open space counts)
All projects: 100%
45'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather than
gross
a. Tandem parking
allowed for residential.
b. Parking Space credit
given for commercial
(non-residential) square
footage of any existing
building on site (at time
of application).
c. Continue Parking In-
Lieu Fee Program.
d. Allow use of parking
lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation
3
Side & Rear: 0 ft
Front: 0 ft . - ground
floor; 10 ft average
for 2nd & above
floors.
20%
(private or public
open space counts)
All projects: 100%
45'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather than
gross
a. Tandem parking
allowed for residential.
b. Parking Space credit
given for commercial
(non-residential) square
footage of any existing
building on site (at time
of application)
c. Continue Parking In-
Lieu Fee Program.
d. Allow use of parking
lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation
4
Side & Rear: 0 ft
Front: 0 ft - ground
floor; 10 ft average
for 2nd & above
floors.
20%
(private or public
open space counts)
All projects: 100%
45'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather than
gross
a. Tandem parking
allowed for residential.
b. Parking Space credit
given for commercial
(non-residential) square
footage of any existing
building on site (at time
of application).
c. Continue Parking In-
Lieu Fee Program.
d. Allow use of parking
lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation
5
Front: 5 to 20' for
residential; 5 to 10'
for commercial
Side: 5 to 10'
Rear: 5 to 10'
20%
(private or public
open space counts)
All projects:
60 - 80%
30'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather
than gross
a. Tandem parking
allowed for
residential.
b. Parking Space
credit given for
commercial (non-
residential) square
footage of any
existing building on
site at time of
application.
c. Continue Parking
In-Lieu Fee Program.
d. Allow use of
parking lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation
6
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 10'
20%
(private or
public open
space counts)
All projects:
50% to 80%
35'
(No Roof Pitch
Requirement)
All Same,
except parking
calculation will
be based on net
floor area
rather than
gross
a. Tandem
parking allowed
for residential.
b. Parking Space
credit given for
commercial
square footage of
any existing
building on site
(at time of
application).
c. Continue
Parking In-Lieu
Fee Program.
d. Allow use of
parking lifts/
elevators
e. Up to 15%
reduction in
required parking
7
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 10'
20%
(private or public
open space counts)
All projects:
60 - 80%
35'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather
than gross
a. Tandem parking
allowed for
residential.
b. Parking Space
credit given for
commercial (non-
residential) square
footage of any
existing building on
site at time of
application.
c. Continue Parking
In-Lieu Fee Program.
d. Allow use of
parking lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation
8
Front: 5 to 15'
Side: 5 to 10',
street side; 10% of
lot width
Rear: 5 to 10'
20%
(private or public
open space counts)
All projects:
60 - 80%
35'
(No Roof Pitch
Requirement)
All Same, except
parking calculation
will be based on net
floor area rather
than gross
a. Tandem parking
allowed for
residential.
b. Parking Space
credit given for
commercial square
footage of any
existing building on
site (at time of
application).
c. Continue Parking
In-Lieu Fee Program.
d. Allow use of
parking lifts/elevators
e. Up to 15%
reduction in required
parking spaces for
programs that support
public transportation.
9
Front: 5 to 20'
Side: 5 to 10'
Rear: 5 to 15'
20%
(private or public
open space
counts)
Commercial: 80
-100%
Mixed Use: 60 -
80%
45'
(No Roof Pitch
Requirement)
All Same, except
parking
calculation will
be based on net
floor area rather
than gross
a. Tandem parking
allowed for
residential.
b. Parking Space
credit given for
commercial square
footage of any
existing building
on site (at time of
application).
c. Continue
Parking In-Lieu
Fee Program.
d. Allow use of
parking lifts/
elevators
e. Up to 15%
reduction in
required parking
spaces for
Min/Max.
Density
Inclusionary
Planned
Development
Standards
(comply with
VMPDM &
these
additional
standards)
Standard
Modifications
& Density
Increases
15/45du/acre
15%
Storage of large
recreational vehicles
not permitted on
site; and, parking
garages must be
visually subordinate
May be permitted on
a case-by-case basis
where the applicant
provides acceptable
evidence that the
modification or
increase is necessary
for the development
to qualify for Silver
or higher LEED
certification while
maintaining the
financial feasibility
of the project and/or
to provide affordable
housing.
15/45 du/acre
15%
Storage of large
recreational vehicles
not permitted on site;
and, parking garages
must be visually
subordinate
May be permitted on
a case-by-case basis
where the applicant
provides acceptable
evidence that the
modification or
increase is necessary
for the development
to qualify for Silver
or higher LEED
certification while
maintaining the
financial feasibility of
the project and/or to
provide affordable
housing.
15/45 du/acre
15%
Storage of large
recreational vehicles
not permitted on site;
and, parking garages
must be visually
subordinate
May be permitted on
a case-by-case basis
where the applicant
provides acceptable
evidence that the
modification or
increase is necessary
for the development
to qualify for Silver
or higher LEED
certification while
maintaining the
financial feasibility of
the project and/or to
provide affordable
housing.
15/45 du/acre
15%
Storage of large
recreational vehicles
not permitted on site;
and, parking garages
must be visually
subordinate
May be permitted on
a case-by-case basis
where the applicant
provides acceptable
evidence that the
modification or
increase is necessary
for the development
to qualify for Silver
or higher LEED
certification while
maintaining the
financial feasibility of
the project and/or to
provide affordable
housing.
23 du/acre
15%
Storage of large
recreational
. vehicles not
permitted on site;
and, parking
garages must be
visually
subordinate
May be permitted
on a case-by-case
basis where the
applicant provides
acceptable
evidence that the
modification or
increase is
necessary for the
development to
qualify for Silver or
higher LEED
certification while
maintaining the
financial feasibility
of the project
and/or to provide
affordable housing.
spaces for
programs that
support public
transportation
23 du/acre
15%
Storage of
large
recreational
vehicles not
permitted on
site; and,
parking garages
.must be
visually
subordinate
Maybe
permitted on a
case-by-case
basis where the
applicant
provides
acceptable
evidence that
the
modification or
increase is
necessary for
the
development to
qualify for
Silver or higher
LEED
certification
while
maintaining the
financial
feasibility of
the project
and/or to
provide
affordable
housing.
23 du/acre
15%
Storage of large
recreational
vehicles not
permitted on site;
and, parking
garages must be
visually
subordinate
May be permitted
on a case-by-case
basis where the
applicant provides
acceptable
evidence that the
modification or
increase is
necessary for the
development to
qualify for Silver or
higher LEED
certification while
maintaining the
financial feasibility
of the project
and/or to provide
affordable housing.
23 du/acre
15%
Storage of large
recreational
vehicles not
permitted on site;
and, parking
garages must be
visually
subordinate
May be permitted
on a case-by-case
basis where the
applicant provides
acceptable
evidence that the
modification or
increase is
necessary for the
development to
qualify for Silver or
higher LEED
certification while
maintaining the
financial feasibility
of the project
and/or to provide
affordable housing.
programs that
support public
transportation.
23 du/acre
15%
Storage of large
recreational
vehicles not
permitted on site;
and, parking
garages must be
visually
subordinate
May be permitted
on a case-by-case
basis where the
applicant
provides
acceptable
evidence that the
modification or
increase is
necessary for the
development to
qualify for Silver
or higher LEED
certification
while
maintaining the
financial
feasibility of the
project and/or to
provide
affordable
housing.