Loading...
HomeMy WebLinkAbout2007-11-06; City Council; 19203; Village Master Plan revisionsCITY OF CARLSBAD AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 14 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 2. 3. 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 5 1 2 3 4 5 6 7 8 9 10 WHEREAS, the City of Carlsbad conducted environmental review of the project Zone; and 11 12 13 15 16 18 19 20 21 22 26 28 l PIT" ISEE AGENDA BILL #19,233 dated 11-20-07 •*~.. W 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 14 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: 23 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 4 5 6 7 10 11 14 15 23 26 27 SEE AGENDA BILL #19,233 dated 11-20-07 1 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) 9 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c) 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 1 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) 9 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. 20 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. 26 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) 9 u 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) 19 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) 24 25 //// 26 //// 27 //// 28 //// 1 2 3 4 5 e- 21.35.050 Provisional uses.o 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 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 9 10 (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 18 (D) Changes in permitted land uses which result in site changes, increased ADT, increased parking 19 requirements, or result in compatibility issues/problems; and/or 20 (E) Signs for existing businesses or facilities; and/or 21 (F) Repair or maintenance activities which are not exempt projects; and/or 22 (G) Demolition of a structure that has the potential to have an adverse impact on coastal resources and/or 23 public access to the coast. 24 (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 " 13 3 16 17 18 19 20 21 22 23 24 25 26 27 28 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 14 application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. (Ord. 15 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 1 2 3 4 5 6 7 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 11 12 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- 18 330 §4 (part), 1995) 19 20 21.35.100 Design review board action. 21 (a) The design review board shall hold a public hearing on: 22 (1) Appeals of decisions made by the director on administrative redevelopment permits as defined in 23 Section 21.35.080 or administrative variances; 24 (2) Minor or major redevelopment permits and tentative maps; and 25 (3) Nonadministrative variances for which the board has final decision-making authority pursuant to 26 Section 21.35.130(b). 27 (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 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 ) 10 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 " 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 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) 21 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 //// 26 //// 27 //// 28 //// IL 1 21.35.120 Consolidation of other permits and discretionary approvals-Findings requirements. 2 (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 4 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 6 provisions of this chapter and Title 20, if applicable for a tentative or final map and the provisions of this 7 title and Title 20 otherwise applicable to such other permit or approval for the project. 8 (b) Whenever a project consists only of exemption determinations and/or administrative permits or 9 administrative variances within the authority of either the director of planning or the director, they shall be 10 consolidated and considered by the director, subject to appeal to the design review board with regard to 11 determinations other than exemptions. 12 (c) If the project includes permits or other discretionary approvals outside the director's administrative 13 permit or administrative variance authority, the administrative permit and/or administrative variance 14 aspects shall be consolidated with the other matters and submitted to the design review board. 15 (d) No variance, determination of exemption or administrative, minor or major redevelopment permit shall 16 be granted unless the decision maker finds, in addition to any other findings otherwise required for the 17 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" 1 2 3 4 5 9 10 11 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 18 approving authority for a redevelopment permit as set forth within this chapter, unless authority is granted 19 otherwise by the final approving authority. For example, the housing and redevelopment commission has 20 final approving authority for all major redevelopment permits and subsequently for all related time 21 extensions. The time extension application may be submitted directly to the housing and redevelopment 22 commission for approval, and/or the commission may grant approval authority to the design review board 23 and/or housing and redevelopment director. 24 25 n 21.35.140 Compliance with other provisions of this code. 26 Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad village area 27 redevelopment plan and the village master plan and design manual and all other applicable provisions of 28 10 (part), 1995) 12 11 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 16 WHEREAS/said verified application constitutes a request for amendment as 17 provided in Public Resources Code Sections 30510 et.seq.; and 18 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; 23 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 26 Program Amendment through amendments to the Village Master Plan and Design 27 Manual and Zone Code Amendment and Negative Declaration; and 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 4 5 6 7 8 9 10 11 banners on public property within the Village Redevelopment Area; and 13 14 15 16 17 19 23 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: 21 a) T^at the foregoing recitations are true and correct. 22 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 //// 26 27 28 c o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -20 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: MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) SEPTEMBER 6, 2007 PAGE 6 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 MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) 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. MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) SEPTEMBER 6, 2007 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 MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) SEPTEMBER 6, 2007 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 MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) 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 MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) SEPTEMBER 6, 2007 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. MASTER PLAN REVISIONS - RP 95-10(A)/LCPA 95-10(A) SEPTEMBER 6, 2007 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. 27 28 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 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 324 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 WHEREAS, the Village Master Plan and Design Manual and implementing ordinances are the Local Coastal Plan for the Village Redevelopment Area; and 13 14 24 25 26 27 28 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: 1 2 3 4 5 6 7 8 9 10 11 area. 12 13 14 17 18 26 27 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 19 20 21 22 23 24 DESIGI/REVIEW BOARD 25 " ANTHON/ LAWSON, Chairperson DEBBIE FOUNTAIN Housing and Redevelopment Director ZO DRB Resolution No. 325 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 17 19 20 21 22 23 25 26 27 28 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, 5 8 t.\j\j i, i AYES: BAKER, LAWSON, SCHUMACHER AND WHITTON 2007, by the following vote, to wit: 10 11 20 28 , 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 13 " 14 15 16 17 18 19 ANWONyLAWSON, Chairperson DESIGN REVIEW BOARD DEBBIE FOUNTAIN Housing and Redevelopment Director 22 23 24 25 26 27 DRB Resolution No. 326 Page 2 3 21 22 26 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 5 6 7 8 n 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 10 11 12 amended to read as follows: 13 Chapter 21.35 V-R VILLAGE REDEVELOPMENT ZONE 15 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 10 11 12 13 14 15 16 17 18 19 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) 25 26 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) 14 " 15 19 20 21 22 23 24 25 26 27 28 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 18 (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 20 (E) Signs for existing businesses or facilities; and/or 21 (F) Repair or maintenance activities which are not exempt projects; and/or 22 (G) Demolition of a structure that has the potential to have an adverse impact on coastal resources and/or 23 public access to the coast. 24 (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) 16 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. 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- 18 330 §4 (part), 1995) 19 20 21.35.100 Design review board action. 21 (a) The design review board shall hold a public hearing on: 22 (1) Appeals of decisions made by the director on administrative redevelopment permits as defined in 23 Section 21.35.080 or administrative variances; 24 (2) Minor or major redevelopment permits; and 25 (3) Nonadministrative variances for which the board has final decision-making authority pursuant to 26 Section 21.35.130(b). 27 (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 10 22 23 24 25 26 27 28 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.35.120 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; 10 11 (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 22 and/or housing and redevelopment director. 23 24 M 21.35.140 Compliance with other provisions of this code. 25 Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad village area 26 redevelopment plan and the village master plan and design manual and all other applicable provisions of 27 the Carlsbad Municipal Code, including but not limited to those provisions of Titles 18,19 and 20. (Ord. 28 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) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 4 DESIGN REVIEW BOARD RESOLUTION NO. 327 3 4 5 6 7 27 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) 9 10 11 12 13 14 15 .. application for an amendment to the Local Coastal Program implementing ordinance; and 16 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 19 .. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) 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 mod: tne Comr the the dev( the Thrc 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. 5 43f "S c? *pa -r4j a St! H '0 *>3 cJj £4« 1* 4)nt > ±4fO £ -H ^G 4§ 4Jrj (0 ^3 10 4J CO 01 MH O X!0•rH XI3 4-1 4JG01 p 01 C -H O rH•H 43 4-1 10 •H 4Jq 01 •rl 01 MH0) q Q < 1001o•H J> i^0)U] ao •rH 4J (0n 10a01 )Ha 01t~| JJ 01 •rl 01 0101q • H 01343 0).C •H W •H ^1 ilOu corH tO 01 g MHO CD (0CO rH •H(0 4-1CDM •0q10 4-1 CO CDco* T30) 1id CO 13O 0MH MH O G 0 •H 4-1O0)r-H 01CO T3 IH 10a IHa CO 01 01 y_l CD ^0)__Q o • H rH O43OO OljrH •Hi 10 rl| Cid! O>i q • r- ga p CD XI4J CO 'OCD 3inGoo rQ Cid rrj 0£> MCD 01 <dCO0)OiidMa a o • ri rHOXIoCJ rHid >,qid MHO 0) rH (0 01 01XI XI 4-1> ^.1CE c CDXI-j-J O4-1 rH (C J-JaCD T3 •H CJq •rH 0)43 j_) CO 3E in0E 4. r-, — i 10 4Jid COin0)C •H 0134! 4JCid j_| 3(d 4J CO 01 4->| (d! CO 431 rH it 4J Ca 13 •H CJC e G CDao 01 •H 01 COOJcH CO 343 0)_i~l 4J 4-1 10 COI OC 1 *Jid I & CO T30) 4JidcCD1-H t-iltJ 10! ri01oi430) 301 01(01Mi 0101! U >! 10CD43 U•H rH O 0o 0! 01 r-H Id CO 01coCD rH 43 idag o 01 rH(001 0) 4-1 O 4-1 Co •H 4-1 -H 01Oa IHOC H g r— idag CJ •H rH O oo rH10 £fc G 10 i^ 0 MH CO •H 4-1 CCD 4-1q H 01x: 10 4-1 •H3 1301 01iO43 CJ M3a CD43 o 4-1 0)Ol10 01 0)43 > ,. T30) 4-1CCDCJ iH 01a 01 ^•H MH 1!>, 4-1C0)3 4-1 GiO 4-1 0)M OS _("] 4-1 MH O id01 >Hid w0 •H ^101 4-1 C •H 01X!4J MHo — .<*>inoq — 01COl CO01 73 GO £Oo 01 01 | 3 130) 3 0143 tO o 4-1 T30) 4-1 rHJ O rHi > 10 01r: frj 01! i M C 10 rl 310 4-1 CO01M 0 •o0)cnciO ri H10 T30) CO •H •an 01 4J O IHO iH rQ (0 £ 4-1 • H3 •O0) 4-1 10 •rtUo 01 01id 0)Olid01G0) **t rH •H rlid •H IHa 4-1 C 0) JH CO •H rH43id 4Jin0) r—CJ >r4 rH 0 0CJ rH10 MH O 0) iO 01 CO0) 01 •-H£01Mai G0 0) XI4-1 rH (0XI 0] id0) IHid rl 0 •H MCD 4-1c •H CDXIEH CO0)Olid rlCD CD43 0)43 4J MH O 01co •H 4-1IHOa 01 COoX!4J ^>,rH C 0 0)T33 rHUG •H 3 M10rH 601 04-1 I t;CD 4J O CD "0 jj G0)e CO•H rH 42tO 4-1 01CD col CD CO 4J C0) ("] 01 •H rH 43to 01 01 01 01 0)<q EH CJ -ri rH 423a 0) .LJ ^ ^T301rr^ iHOu0) ^ u •Hcorj g 0) • H •H iH 0) MH MHo 4-1Oc ;>, tO421 g r| CD^l~] 4JO IHO V T30)E0O , 01q •H CJC10 T3 ^OMH U •H CO rj E CD OO Oz t 0) • H 4J J>, Gid 4-1id 4JCCD 2 •rHid 4-1IH0) 4-1CCD IHO MH 0)E•H 4-1 >.Cid 4J id T3 01 4J 4-1 •HEIH01O 0!•H 0101 IHtOX!CJ •H 4J 4-1 10 0) 01 0) EH 4-1CidM3(0 4-1 010) 0) 4-1 o 4-1 CO 0101u CJid C-H CD 4-1idM0)ao 4Jin3E 01 CCDE CO• H rH42id 4-1 CO0) 01oaxli 4JI 01 'IS 4-1 C01Jj Ul •rH 01CO c •H rl 313 CO(DE •rl 4J CJ -H j rH Oil 10 •H irC U •H(~| 3 id £ o •H 4-1M -H0)| G G -H (0 0) E TJ 4-1 • H3ii 4-1qidM3 10 4-1 01OH 01 3Ox: CO 01CDG•H CO•J 43 tt* j MH; 4J O C q 0)E0 G -H -H4-i| id •rHC•Hl^i CD0 4-1^_j CD 4-1rj W Findings(Qg •ri 4SO•0-ri U ts in many In order for this use to receive aity late Redevelop-ment Permit, it should beconsistent with the following findings:r noises from 1. The restaurant with entertainment isnot likely to have a negative impact onVillage residents,inment2. Adecjuate parking is convenientlylocated near the premises.H rH3 -HCO U0) id rl MH gr? 4-1 4-1 MHo 01 S- .r{ 4J > •H Ifl> CD •iH rH 4-1 O CO Id rl 01 CD E EH 4-1 01 • 3 4-1 rH CJ Id O 01 MH CJ H 0)td *O•H -H 4-1 01 • G 01 CO 01 rl 0) 4J rH afl 4301 10 015 g >-aX! C C 4-1 O fO •H3 co 01 4-1 G 4J CJ Oxi id »Hrn Q. jj •H g fOG -H a 10 4-1 iH 01 4-1 01 XI 4J CO 4-1GidIH3tO 4-1 010) G &4 01Jj • MH CM O (0 43 4-1 •H3 4-1 •H 01 C 014-1 G •H 4-1 01 G 01 CO3 0 •Htd MH •H01 G•^ rn Id -H 43 CO emises attlyM qa 01 •H01 G43 0)4J > G§ •H O CO 01G GO -H rrH f£ 4-1 IH 03 10 ft ft MH •O 01g M -H 0) 4-1o^ m 3 GG O important .CO•H ^4J •H rH •H CJid MH 01 0 4J T3014JidMo rH iteriarl U rt i0H 9pj •0g •rl jj Rttl S inmentid 4J IH0) 4-1£ XI 4J•s 01 4Jq(0)H3(0 4J 01 T) 0) r-H « 3n rH 01 rH 01 • H rH 01rl 10 5?XI4J 01 rl 0) t) 01 4Jid CJor-H 0143 J 1 O O C 4J 1 uses.id •H 4-1q0)•O •H CO01 rl 4J Oid •H s^ rH 01 CO rl 01 T3id S1 •H VHida MHO rHaa 01 0) 4-1as&01T3(0 13 •5 3n• 43 <N CO 43IHid01 ^rH 4-1 01 •H g £> GOCJ 13014JidCJ O rH 43 o4-1 g •HOl 0143 4-1 CO3g qo•H 4Jid rl 01rrj •HCOG 01 O rlU 3rn • Gro 01 1 rl S!o id 0143 4J0G rH iH ^01 rl 01 XI 4-1 4-1 4J MO • H rl 5a •H 03 E •H 01 4J4-1 C (3(0 01 rl > 3 -Hto Ol «>,o> cH rd MH 4-1 O 10 G 4-1o c •H 01 4-1 gid 3 M -H 4J CO G 4J01 MCJ 01n u O GO 01 4J ^4J (0 M3 4J CO 01 rl 3S tO • 4-1Ol GG 01 '> 3 O -H rl 10a 4-1 a rlid 01 o c4-1 0) o01 4J 0) M OMJ CO•H 4J •HC•H MH to 0)434J 01 Ifl 0)E 10 0143 43 f-t 4-> •H S_ 0)> o id 130)4Joc 4Jc(3 -•J10JJ Oi 0) C 01 I 01 • rl rH fl Ifl 0101 0) 0) fl) 4J JJIfl43JJ CO • H 4Ja0)ox 0) •H 03i to 0) 13 MOo01M v U •H i a>•H rH !H 0)MHMH O >,iaE COu 01 0) g. Di Csj 0)43 O M O •> to iou_ tn •H Uq iflto ^oM-i •H .,*to M•H ^s £ 13±! i£ m -*-* •8 u rH „, g <j | Ss?s O ^( JH 0 0 s ij w T! 5 S "5 w 014J» ^ ° 5 § ai c o re 'to 5J w a am n 9"OC 01 JJ 01 S K£ > n jjSJ o re E M O "O «4 & QjS »> C W 2 o O OS jj o oO W U <H g 'H ? 'S 4-1 * 8 0 ° 0 *Q-1 i4£ 4J W S 'u 0) S " 5 c - TJ s & m c a> •T> u -H fi at01 -H JJ "O B rH • 0•H 43 JJ >M uw 3 c o01 K 1 1-1 CD £ in p, W -O W O -H •H -H -H • U &4 rH -fll -rl c « ^ ° § 3 d) M Tj S 3' »§3H « M C -H (0 Tj 0) QJ -H JJ rH 7, H «O P U in¥ c nj (i) nQcr«<3wWUW 4J 0) • >. i 13 i ' Ol ' Ol .01 U CO : i 01 iHHfl'M Oli01 X 10 3 ,>i i O , iO , -H 01 : MH- rH . MrH O i<8 , Ifl Ol iO i to : O MH ifl: Q)Dlto M01> 01fl 13C0)| 10 JJ! 13 O MJ oo o 4J 4J C 0) ,_| 104JM0)4J co•HJJ •H 13 13 10 C! C 01! -rl xo> to o & to - P.E H c :u * H : w jj.0) H fl 3 C JJ Dl a -H 'fl) 3 : - C'>lfl 0) 01 G Id C -H to • ' JJ43IO 'JJ 'M O • ' CO • 01 O 'JJ•H 3 JJ to -C-H 0) JJ >G to i 01 0> CO >X 'id 43 co ' co Oi (OM:OMHfllCO -H 03 -H CCCllflOllflOl-riai <fl) 1 CO 0> i 01- rHMHiG1330)01 OlftOlOtOOiCOi MCN :CiM -Hi O 01 rH ;JJ -H E JJ M 10 fl -H £ O ,>1 O i OJJM-rt : ,ld 43 M : O— fl)0).13MH 0)01 IflOl 3U JJM :M H , JJ 01 3 E to ,0) JJ JJ Id M 43 H Oto -343- jJoiHidoito'tou MH -H • :a) H to c : en fl JJ :s011301&JJ03 x to H M ft G to to- XB ;u 'o -H cu ; x 01 E :oo> rHOlCCl) 01 -HClOO) Ifl'GCOl OlCOJJIflO) :lfll S '' O -H 3OiCDl > O to C fl) MH 10 43 ft M 13 -Hi DlrHOlEM HUd Dl1 OJJ JJ'Olld- JJIfl-HlflOC rHCOOOXlO i(Oi-HO) 10 ift 1 C G ' H -H 13 : JJ CO (dftJJ -H rH H fl -0) 1 M 0) M O : 1 - -H -H i fl H CtotoCOluSjJoi rH - MH G >i id . MJ , 3 3 jj jj to :oi ,0) to: -H tdoi.cooi MJM3OC3 fd 0) O -H M 3 i-0) 10 , O 01 01 :M to JJ H : JJO 4J:tdMCoidMrHOifl Dioi to o) MH u ooi MJJ :to ifl a) -H : Old 010: MH-Ha) jJ H £ « B M co B to 'id Cfl)MO)U ' 'U 0) 3 ; CMH M -H ' - 01iflCcnidOifl) to -H o> -H o 'H 'o C ' 0)Mfl)to3 ICD 'ifl MH j5 ; -H M 'co fl) 301 -H fl > 43 01 H 43 -HOI. i 0)1 JJ 43 H M iOIMJ ! JJ >i 10 4J '03 43 fl MrHOOO4J rH-HJJ-fllJJ '0)431 fl) JJOJJ Hi fl)Oi 01O 43 01 Id) JJ (0 -UE rH IB MJlOO)433iM43O 03 fl,Dl>JJ:3C OOliC JJMJH MJ to M G id JJ 43 JJ , id JJ Cfl ,ifl,C-ri : E 0> MrHCCMOH13CO jj o u co jj to , -H to -H o jj ;H MJ to : oi • - :oi o oiS id o> id 01 - -H 0)0)0136 C to oi:oiM-- oioi!3 o43 C-HJJ CoiJJOIfl)OiC>1 0) IOC03 'Oi H 4J C ' 0)0)01 0)flfl43ifl 0 HJJMH-HMC •HMI043fljJ'HOIHQ) JJ 'M 'H CO -H ! H £ JJ H : O'no o to o id JJ o aiCJJ MHEixiCcoCM 101 13 10 to ' fl a) C fl to :o> id to• H -H 4J01M MH-H-H H 13 '0> 0) 1 Id -H JJ 01 10 43flO)4Ji Id Ifl tOH43Olfl> fll 3 0> C 0) MJ HMJaCHOItoM, E-IH43EW S, HC: E-iCUM E-* 3 4J Mkn oi-Hi3 M E a> to x : i DI <u c : ,fl) -H : Mto o : o >* CD -CMlflCDC • It) O 43 43 -H O 0), 'C'HH-H • 43 JJ Id : • -H >i • 43 MH C Crj) •» -H MH E ft -H in fl U 3 0) MH JJ 43 ' U3 -H H fl) H t- 4J Id £ : OOMJ43CTl01:OOIId to ! c to x10 c ^X - id :oH 03 01 rHto fl) a) jj 01 01 fl3 H H Q) M 0) 0) fl O 0) O O .CtoidCC idMoid 'id•HjJtdid jjjjtoft 'uCO U -H ft 03 01 'M 0) M 101MH>i03JJ OMldDl IM OJJCU03 OltdUC tH MHO) MO) -H :ldcoiuto C43X i:Oftldfl) 0) JJM X)•H o JJ ft JJ to -H idjJMft oia>3ft toM ft 0) H 10 JJ 1CaO 10 3 Ifl 01 O ilfl U 01 £ U M JJ •H M M - O fl) .03(OH O OlrHMHOl ,0) fl 0) C M M 01 HM3JJ -HMHOlfl) fl 01 O ft W 43 Ifl-HJJO 'Id C to JJ 43 C O JJ O H>l3'H O--HIO i •H H Q 3 «3 :>1JJ 10313 • -GCC :CiO UGOioi 033(0(0 idkn 0) U id M JJ 0) JJ U -H !£O DO 0>C H-H M '13 C 03MHQ) 43 -JJ iQ•H -H 03 M M E Id M 01 01 O01 CO fl) -H 0) fl) EnfllflO) £HC IHIOJJ> 43Mto i O -I043CO •JJ30) : •U rHUU-Hg MOUft fO C i u9 <Mn)y A!H g ffi•o-H CO JJ O ic10 M >, | >iM M fl) OH M3 O 43 >i -H H . ! ID10 jj jj M o c! e JJ M -rl 01 43 I0!-ri 03 O 43 O JJ 3 ; M 0) H JJ 10 X 03: ftM M -H ft 0) M 10:to 3 to o 0110 ft o o) to:430) M >i OT4JMH E 01 Dl 01 H C; OI03G43H -H^43 fl) -H 3 Ifl MH i O B M' fl) -U -H Oli-H OUUIOT3JJ 13 43 •rl -H 0) C M . 303 0) > 01 10 Ifl 0]CUM ft • -H ! 4J0) -H 0) 01 01 >i ' (0 4J 03 4J M U3 -U fiX- -HOMM SiJJ OlCto O30) B:t3 C M03OOCUO fl);gO O 01 MH -rt O M JH!43•H O 0) >i ft d' 01jj T3JJMJJ13OI O'-H•H JJ id (0 -H a) G o -HIH C 3 U H M JJ -H -H Hifl-H O -H -rl O Id JJ H O : IdMH H E Tl U (0 fl irl'U• 0) coi-H(doo)3 " 01Cj i*^ to CO £ H CO ft rtj Q) >,wJJ 0) CO CO CO 0)G•H011 0) JJ oJj 01 03fl)o(J(d JJid0)1oJJ1>, id0) MoMH CO 0)to•H>0Mft of010)c• H_sa fl i 01. JJ 01: §01' Ei - 0)i 01 JJ 01i (d -H 43H 4JH Mi a) 0) ci M 43 -H i fl JJ 43i j= O JJ - G1 01 (0 to1 M fl)1 -H 01 JJ i (0 M (0i 43 0) 0 i O JJ O 1 c PH 1 03 H >, ' 01 ft HH JJ i (d in 0)jj 0) GH -Ha) o Eu id o1 C JJ M id 0) Ifl 43 cIflo a) JJ » ^,id3 MHo JJ Dl•H M o1 -H ft ft -HI CO 0) H i U 0) i • 0) M>* M id to01 03 03i jj idid M 43fl) O U1 E Mi to 3ito o) ft >i01 C HX G 0) H O Id M 10o o id oU -nto 43 Oco C u >,(d id -H u 4343 — 3 toU 03 C3 to en id03 Id 0) — H Ol COid to ai 01 01 M COjj a) -Hu to > E3 0) 0) 0)to M fl MO id ftM ft toft 01 fl) 0) M H 4313 Pi 4-1 -l-l O JJ O M O CMH O fl O fl3ft a)to •H£>o D ^.(fl 0 ^.<u EH 0)4-1 •H011MH MHo tofl) rj CO oo 0)JJid•Htofl) 5- •H fl)43 4-1 co 4Jo(d g •H rHid• HJjcIfl4Jcofl303 Mo tocid 0301 tj -H3 idOJ M0113 o1o 4J1 0) id£ •JJG 01 goM•H ^c r-HIfl CO-H> COH•HCOc JJ 3 Olc•rl1 1Ifl 0) to £H 10 0"c•H ^^10)n, 01to(0 (003 ii j i o:I Mi 0)13Mo 'Ooo tK fl)i-H •8COoa01 •Hto > 1 — 1fdu • Ha 4J flln(C ( 1 . 1 1 1 1 1 1 1 1 11 ^c(fl oJJ to0)to•Hs 0Mft JjoG CO •rl 0)o•H>M0)CO Mo 71c (0 ;Q : Hto 3iO) . to :JJ CO C10 rH JJ 3•H :E G MM -HO) JJ Ifl 0). HE OHJJ : 43 C 3•H ifl) 03 U M fl -H to -H O i H H 43to fl 30)JJ H 10 O >C '3 JJ 4301 :O 03 03 toE 1C fl) C ft iCQ 01 Ifl O i Dl M H :01 G -H C0) :a) .H ia to > H X 43 -H Sfl C U M'Ifl -H JJijj n to coto ' to c o)ex (« toIfl H to 0)'(0 G 01 £14 •G :3 to 0) 4J O 'fl) H JJ C •H to Dl fl ft Q)jJ >H C iO 3 EIfl in -H EH M 01 U : JJ 01 > O • Ifl • -H O J HO) (N to £ 0) ! JJ 03: Ho>: -H CDG CO ifl 43O C0:< JJ JJ0)' 0)to M' • M M0) jJi co s <a4J -H.: 0) 13 (0 (0: 01 CO Co S:-H (o 3o ; EH M: 0) to toO' M 0) • (U0) i ft C 03 C fl CO: -H fl) -H M : 0) MH 03 MJ JJ 0) ^43 0) O G)43 JJ|JJ to ft T3Ol -H M •H (O1 C 03 3 01E 31 O -H ft -H i 43 CL to C Q) JJO jg\ fl) fl) 01 C•H >i 01 3 1043 •! O 03 M3 co H 0) to 30) ft jj C 1001 CO £ 10 ifl JJ0) -H 0) O H 0)H £ -H CDp 3 ai _j u u (0 M M fl) OJJ ft (0 to MH < e jj q0) rj "Hid 4J CD4Jc f-1 4J •H3 JJ (0 310 4JCOfl) K MJ;° g 3erH MJ:c o •H 3E O Dl. ' H Bi(0 H -H: (d Cto fl),fl) 0 ft:u jj o'aH fl fl)•a M 433 JJ01 U fl M, 01 Oto 43 MJ H JJ '3 fl) • <O S O CO43 0 (0 Min m ft o : MJ CO O:oi to 'fll JJ 0)H fl) JJ fl)fl fl) (d H ilfl MJ 3 CJ frl &-H O 0) 43: . 3 to 0)jm JJ id > .,cid rH p. 0) •H 43JJ MJ0 co • H 4Ju 0) 03 0)10 3 rH(fl o-H 01-H ^MD. 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.