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HomeMy WebLinkAbout2009-08-18; City Council; 19951; Village Master Plan & Design Manual ModificationsCITY OF CARLSBAD AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 19 AB# 19,951 MTG. 08/18/09 DEPT- H/RED Title APPROVAL OF REQUIRED MODIFICA- TIONS TO VILLAGE MASTER PLAN AND DESIGN MANUAL AND CHAPTER 21.35 OF THE CARLSBAD MUNICIPAL CODE FOR COASTAL COMMISSION CERTIFICATION DEPT. HEAD CITY ATTY. CITY MGR. 476 RECOMMENDED ACTION: 1. That the Housing and Redevelopment Commission ADOPT Resolution No. AMENDING the Village Master Plan and Design Manual to make it consistent with the Coastal Commission's suggested modifications and formally acknowledging receipt of the Commission's Resolution of Certification. 2. That the City Council ADOPT Resolution No. 2009-226 ACKNOWLEDGING AND ACCEPTING the California Coastal Commission's Resolution of Certification which includes suggested modifications proposed for the Village Redevelopment Master Plan and Design Manual, and INTRODUCING Ordinance No. CS-052 AMENDING Title 21, Chapter 21.35, Sections 21.35.020 and 21.35.080 to reflect the suggested modifications to the Village Master Plan and Design Manual as approved by the Housing and Redevelopment Commission. ITEM EXPLANATION: On November 21, 2007, the Housing and Redevelopment Commission and City Council approved various actions to 1) revise the Village Master Plan and Design Manual to correct or clarify implementing policies and to amend one or more development standards; 2) revise Chapter 21.35 and 2.24 of the Carlsbad Municipal Code to eliminate inconsistencies or process amendments; and 3) revise City Council Policy No. 65 - Signs on Public Property. On or about December 20, 2007, these documents became effective for all areas of the Village which are located outside the Coastal Zone. For all properties within the Village and also located within the Coastal Zone, the subject amendments are not effective until certified by the California Coastal Commission. An application for approval of the amendments to the Village Master Plan and Design Manual and related documents was submitted to the California Coastal Commission on December 5, 2007. The Coastal Commission determined the application to be complete and eligible for continued processing on May 28, 2008. On August 7, 2008, the Coastal Commission approved a one year time extension for processing the application. On June 11, 2009, the Coastal Commission took action to approve the amendments to the noted regulatory documents for the Village Area, with some proposed modifications. The modifications proposed to the Village Master Plan and Design Manual in order to obtain certification of the document from the Commission are set forth within the attached Resolution of Certification and are summarized below. DEPARTMENT CONTACT: Debbie Fountain (760)434-2815; debbie.fountain@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page2ofAB#_ SUGGESTED COASTAL COMMISSION MODIFICATIONS The suggested modifications represent amendments to the Village Master Plan and Design Manual and to Chapter 21.35 of the Carlsbad Municipal Code. They are: 1. Revise permitted sign types to prohibit poles signs in the Coastal Zone. Properties and/or businesses outside the Coastal Zone will continue to be allowed to obtain approval for a pole sign that meets the amended standards on a limited basis. 2. Revise table for permit types and appropriate section within Chapter 21.35 of the Carlsbad Municipal Code to indicate that demolition of any building and/or other improvement within the Coastal Zone of the Village Area shall require approval of an Administrative Redevelopment (Review) Permit, provided that said demolition has no potential to create an adverse impact on coastal resources or public access to the coast and does not include any overnight accommodations. Otherwise, a minor or major redevelopment (review) permit with a public hearing shall be required. Demolition of buildings and/or improvements outside the Coastal Zone will remain exempt from any type of discretionary permit; a building permit only will be required for demolitions outside the Coastal Zone. 3. Add policy language to the "transportation" section of the Master Plan which requires the City to actively encourage convenient alternatives to automobile use throughout the Village Area by implementing the following measures: 1) encouraging transit operators to provide low-cost transit service to beaches and visitor-serving areas, and to provide transit service within walking distance of higher density residential areas; 2) provide support for higher density and mixed use development within walking distance of the transit station; and 3) mimimize energy consumption and vehicle miles traveled and provide substitute means of serving development with public transportation by requiring developers/employers to provide incentives for alternate transit use such as providing employee transit passes or subsidies, ridesharing programs, preferred parking for carpooling and on-site facilities to obtain coastal development permit approvals for new development within the Coastal Zone. There are many methods for satisfying this condition. The incentives noted are examples only. Coastal Commission staff agreed with City Staff that there are numerous other methods for satisfying the condition which will not have a negative impact on the financial feasibility of new development projects. 4. Amend the language in the Village Master Plan and Design Manual to acknowledge that the primary use of the Transportation Corridor shall be for transportation facilities and improvements that provide rail and transit service, and support facilities but also allow the permitted, provisional and accessory land uses allowed in Districts 1, 4 and 6 to also be allowed on the adjacent properties within the Transportation Corridor (NCTD property) and north of Carlsbad Village Drive with the requirement for discretionary permits to be approved/issued by the City of Carlsbad and with stated findings to ensure there remains adequate land for transit related facilities. The projects in the Transportation Corridor must comply with all of the applicable development standards set forth in the Village Master Plan and the projects must be consistent with the goals and objectives of the Village Master Plan. The new developments must also incorporate and/or demonstrate support to the transit uses desired as priority uses within the transportation corridor. The above modifications are the only revisions required by the Coastal Commission. It should be noted that the Commission approved a number of amendments to the Village Master Plan without modification, which ultimately will have a very positive impact on development in the Village such as higher residential density (up to 35 units to the acre) and new calculation for parking (net vs. gross). Staff does not believe that the suggested modifications by the Coastal Commission will have any type Page 3 of AB #_ of significant negative impact on development in the Village. Therefore, staff is recommending approval of the suggested modifications by the Housing and Redevelopment Commission and City Council to allow for final certification of the plan by the Coastal Commission. As soon as the modifications are made to the Village Master Plan and Design Manual and related Ordinance, a report will be made back to the Coastal Commission and final certification will be provided by the Commission. The City will then be able to implement the amended Village Master Plan and Design Manual and related documents within the Coastal Zone of the Village Area. The legislative drafts reflecting the proposed modifications for the Manual and code amendments are attached for reference by the Commission/Council. ENVIRONMENTAL REVIEW The proposed project was initially 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, and the City Council approved the Negative Declaration for the subject project on November 7, 2007. As a result of review by the California Coastal Commission, the Commission determined additionally that with their suggested modifications, implementation of the revised land use plan and ordinance(s) would not result in significant impacts to the environment within the meaning of the California Environmental Quality Act. Therefore, the Coastal Commission has found that approval of the LCP amendment, with the suggested modifications, will not result in any significant adverse environmental impacts. FISCAL IMPACT Other than staff time required to modify the appropriate documents, there is no new fiscal impact on the City of Carlsbad or the Carlsbad Redevelopment Agency related to the recommended actions. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 476 acknowledging receipt of the California Coastal Commission's Resolution of Certification and approving modifications required to the amended Village Master Plan and Design Manual, including Legislative Drafts reflecting requested modifications. 2. City Council Resolution No 2009-226 acknowledging receipt of the California Coastal Commission's Resolution of Certification and amending Chapter 21.35 to incorporate applicable modifications, including Legislative Draft of proposed revisions. 3. City Council Ordinance No. CS-OS2 amending Chapter 21.35 of the Carlsbad Municipal Code to incorporate applicable modifications by California Coastal Commission. 4. Resolution of Certification from the California Coastal Commission, dated July 23, 2009. 3 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 476 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE AMENDMENTS 4 TO THE CARLSBAD VILLAGE MASTER PLAN AND DESIGN MANUAL TO ACCEPT THE CALIFORNIA 5 COASTAL COMMISSION'S SUGGESTED MODIFICA- TIONS FOR CERTIFICATION PURPOSES. 6 CASE NO: LCPA95-10x1 7 WHEREAS, on November 21, 2007, the Housing and Redevelopment 8 Commission approved various actions to amend the Village Master Plan and Design 9 Manual to correct or clarify implementing policies and to amend one or more 10 development standards; 11 WHEREAS, on or about December 5, 2007, the City of Carlsbad took action to 12 submit an application for an amendment to the Local Coastal Program for the Village Redevelopment Segment of the Carlsbad Local Coastal Program (and for all properties 15 located within the Village Redevelopment Project Area) with the California Coastal 16 Commission, including review, approval and certification of the Village Master Plan and 17 Design Manual; and 18 WHEREAS, said verified application was reviewed by the California Coastal 19 Commission and approved, with suggested modifications; and 20 WHEREAS, the California Coastal Commission has forwarded and the City of 21 Carlsbad acknowledges receipt of the Commission's resolution of certification, including 22 suggested modifications; and 23 WHEREAS, the Housing and Redevelopment Commission hereby accepts and 25 agrees to said suggested modifications to the Village Master Plan and Design Manual 26 as suggested by the California Coastal Commission; and 27 // 28 iJ 1 WHEREAS, the Housing and Redevelopment Commission, together with the City 2 Council, held a public hearing to hear and consider all testimony and arguments, if any, 3 of all persons desiring to be heard on said modifications and the Commission 4 considered all factors relating to said modifications to the Village Master Plan and 5 Design Manual. 6 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 7 Commission of the City of Carlsbad, California, as follows:8 9 1) That the above recitations are true and correct. 10 2) That this approved resolution shall serve as the record of formal action taken by 11 the Housing and Redevelopment Commission to approve the modifications to the 19 Village Master Plan and Design Manual as suggested by the California Coastal 13 Commission in their resolution of certification dated July 23, 2009. 14 3) The Village Master Plan and Design Manual is hereby amended to read as set 15 forth in Exhibit 4, which is incorporated hereby by reference, and summarized as16 j follows: 18 a) Sign Section (Page 5-2) shall be revised to prohibit pole signs within the 19 Coastal Zone of the Village Segment of the Carlsbad Local Coastal 20 Program. 21 b) Permit Types (Page 7-2) shall be revised to indicate that the demolition of 22 any building and/or other improvement within the Coastal Zone of the 23 Village Area shall require approval of an Administrative Redevelopment 24 (or Review) Permit, provided that said demolition has no potential to £*>J 26 create an adverse impact on coastal resources or public access to the 27 coast and does not include any overnight accommodations. 28 ,r 1 c) Transportation Section (Page 9-3) shall be revised to add a policy which 2 requires the City to actively encourage convenient alternatives to automobile use throughout the Village by implementing the following 4 measures: 1) The City shall encourage transit operators to provide low- 5 cost transit services to beaches and visitor-serving areas, and to provide 6 transit service within walking distance of higher density residential areas 0 within the City; and 2) The City shall support higher density and mixed useo 9 development within walking distance of the transit station; and 3) In order 10 to minimize energy consumption and vehicle miles traveled and provide 11 substitute means of serving development with public transportation, 12 coastal development permit approvals for new development within the 11 Coastal Zone shall require developers/employers to provide incentives for 14 alternate transit use such as providing employee transit passes or 15 subsidies, ridesharing programs, preferred parking for carpooling and on- 16 site facilities. • 17 10 d) Amend the land use section (Page 2-32) to acknowledge that the primarylo 19 use of the Transportation Corridor shall be for transportation facilities and 20 improvements that provide rail and transit services, and support facilities 21 and allow the same permitted, provisional and accessory land uses in 22 Districts 1 and 4 to also be allowed within the Transportation Corridor, on 23 properties north of Carlsbad Village Drive only, with the additional 24 requirements for discretionary permits to be approved/issued by the City 25 of Carlsbad together with stated findings to ensure there remains 26 adequate land for transit-related facilities. The findings shall be as follows: 27 28 b 1 1) The NCTD Board, or other appropriate transit agency, has declared the 2 site of the proposed development to be surplus or excess right-of-way and not required for the purposes of construction and/or providing transit 4 facilities, services or amenities and determined that a transit-oriented 5 development is appropriate for said site; and 2) The development is 6 consistent with the goals and objectives of the Village Master Plan and 7 Design Manual, including the standards and policies related to transit and8 the use of alternate transit facilities/services and public access; and 3) The 10 development complies with the land use plan and development standards 11 set forth within the Village Master Plan and Design Manual for the 12 respective land use district; and 4) The development shall incorporate 13 and/or demonstrate support, including, but not limited to, parking, to the 14 transit uses desired as priority uses within the Transportation Corridor. 15 16 4) The Housing and Redevelopment Director is hereby authorized to submit the 17 revised documents and this resolution of approval to the California Coastal 19 Commission, on behalf of the City of Carlsbad, in order to obtain final certification of 20 the amended Village Master Plan and Design Manual and related implementing 21 ordinance by the California Coastal Commission. 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 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Housing and Redevelopment Commission and the City Council of the City of Carlsbad on the 18th day of August, 2009, by the following vote, to wit: AYES: NOES: ABSENT: Lewis, Kulchin, Blackburn None Hall, Packard ATTEST: LISA HILDABRAND, SECRETARY (SEAL) CM uS UJ i/iQ O ou IB 5i4J fljH m G•H43jj -H Lbited| A Q) i J3 (U ^_l r— 1 ^ ^ 4-J•^ §EJaCO O G rHOl CU -H > CO 01 yi p^ M S Q)o t" ' i — 1i~l 1 j "" > cu cu43 43 EH JJ ^ ••o id*> cu 4J tH-H < M 4-Jo Gft CU cu a43 OrH rH CU rH >id cu43 -d CO CU p^COG cuOi Oi•H id CO rH rH Ol -HG >-H3 cu0 43i-H JJ rH0 GMH -rlr| CU JJ CO &-Hw & rHa CO-H T3 CU Om "dcujjidc -H , — | ,— I O -H ^1CUJjcH * CO GOi •rl rH rHidS cu43jj O 'Unted3 0jj •dcu Ol• HCO CU CU 43u •H433 OlG•H•drH •H ^43 id o o -H ^1Q)JJXCU CO GOi•HCO 01G•H JJ OCU•oO cx cucu& (d6 oMH JJ excepCO GOi•H CO ^cu JJcuJ cu rH43idcuOl (d43O * COGOi•H CO OlG-HC ^<j O-H _Qid[it COjj id oL[ | 0)a O CO s G •H O O COGOi •H CO COCU JJidcu^r} JJ COGOl•H CO CU £jidM *d ^3 tH CUid JJo id43 0 rH O rH rH -H43 jj • H 'd m 2 " 0 «G ^ 0•H CU -£ Si > (0 rH ^'co.O, CO CO<Dco "O •H G§td ^i ft COi GMH O) MH -H O CO * CO GOi• H CO GO CUB COcu COCOcu businslatedM* cd MH O JJ GO MH C-H rH JJ OCU tH •H"d CO &-H CO cu CU&tHid cu cu43 43jj JJ G cu0 >o•d 43cu (djj g "H CO CU 01 ,, •5JJ .cu ^^ Jrt Ol Q)G G - -H -H n "O rHU rH MH•d -H o•§303 43 tn IN •H M-iCO MH Q O MH yo a ido o cu« jj a * rHid CO~ id•d ocu ujj -H CU5 -d•H -Hi-H CO "~^ JJ CO o co 0) CO G -HG Oi co S Ol -H /i) •rl CO T3 M CO C j>1 3 "p3 V< O SC 0 VH ll CO CU CO JJ O C.G co co S G uOi C G O) cu tn•H Ol Ol JJ -H tH O 2 -CO -H -H G CO -H C CO CO Id Q JJ Ol rOi Vj co C "'iC^CUSCOJJCU™-H o g, id cu G 6OlTJcTJJVjidpcU CGlSCO-dGGrH Id-rlrHCU'dCUOOKSix»;<EHaix u • H 45 ">;3 JJa tn— cuaOCO tH & &Oi •H CU CO JJid M -rl rH tHf^ p. ? —cuT3 G•H OlCO -H CO Ol 01G G^ -H -H>i "d ^ "dH G >i GG id JJ idD JJ ^ JJCO CU COcu cu a cuG cu o cu O ^ tH tH ^ C"H ft ClH * *; S2 n. o rH IirtV Q>« H0 "J"J sA g 0g5 Qi (D> O •0 1 g 4-1 C gS QQ H(D ^o •8 S O ^•H 4->(0h4Jn•Hd •H •3< 4J ESM H 4H ~~ en en G Q) coO CO 4-> C -H Id >4->~- C -H 43 -HOG -H 73 rj 4-1 -U 01C O kH i-H 7) Ifl -nO -H ft -H .H ^ kH O •.H 4-> 4J 3 3 £ 4J kH >,J ••-! 0 43 •§ S COftkHM 73 O „< -H o3 -d 4H c jjj C en co C "[1 •d o idC kH -H t. < H-4 CJ 0 0 T3 o) 2 *H 'o *~r ^ > ,_, o c co ~ '3 j!] !°, 0 • iz; CO 43 •=• G •" o 0 U S> -H 0) 4-1 0 G G^ 73 43 43 -H rH -. 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B O 2 1at C ^8• "3 F .5 43 VI fc I 1 S ti ^III M c_o CQ o 'o u ^determined thatBOJS43 en SA _>i 2<uJ 3CO 2 135"•3w (/J §< 1§• u>u uJ1 > <uf .5 'I « Irivate &• gSn•3 . °*< 1-Q ^ c« UluJru 1 111uTJ 3«a T3Bca .S en'SU U o "2Bca en£t caSu_-a 'en •8uB "en 3 "§ca _u X)JS '3>ca I 843 en•a Ba <U w _§>< > U JS: _B iB '1 52 OJ 1 1 I co 1o 1 "8p£ 1i (—COU 1 "8"§• "u 1 aca 8ra 1 scd*na.SQ. & •aH03 en-ii 1<L> J2'en 3 1a. 2 S 1 M u3_B C 8 '1 B S"S>S&•_B o uMl CTJ ^ 1 3OAOH J 12 uc1 oLHc. ssen B_O S ej B•SB"Ss.•aBca ca"3o 1 £vememI S^H _u S £ S^JIIII'^ > 1 &11 li e rem CTl LLJ uu &•£ | o ? ^ S | 8 o 2 ^"Srtfc- 0*^ ^*rt ^5? ci. § ^ -2 *o -^ tf *S S > •^ O- -*™WOr/5 *•"1>^c'S"fe'S ^ ™*S ® O ^ GJO ^ 2 O £courage the greater use of bicycles and mopeds, iursue funding to install bike racks in the variig lots within the Village and at various locatisidewalks throughout the Village. Private de1irojects within the Village will also be encourae racks on private property to develop thily" environment. Additionally, the Agency willity's Engineering Department to ensure thatite and safe bicycle lanes within the Villageition opportunities and reduce conflicts with vehirians.Hitv shall actively encourage convenient alteiIllllllllll g u OJ ™BD =1"H uOf u_e 3O-COf u 3_u o 2 £ ^u '>p ring measures:The City shall encourage transit operators to pi_o ^ SOJ A Of ='^cost transit service to beaches and visitor-ser<4~OuoB Sv±•5 and to provide transit service within walking3 ^X'1 higher density residential areas within the City.rt cuT3 U£Z.2 tt gQ3 1 u .B SI ^2 ui£2 development within walking distance of[ojsU>• T3C station.In order to minimize energy consumption a£•> wc > qjV3 D-.O miles traveled and provide substitute means1 dC * O 1oQV! 1 O 3g B B 1o_o"33 uT3 uEDO ~& (11 development permit approvals for new di2 c« flj 0c13 ST3 1 x:C/J DC SX§u Bi'i S j3 Os(/I fljV] i OJ B «s 1 o D a-U'•5'^^3t« LHO K C 1 uu o"H u OfB 1O OX!^c •^Qc £ Ofc 0 QlO C OfB 1TJ J *o 1o ty:a BO S f Carlsbad Village Redevelopment Master Plani 09 HCO P E<Q M S 01 •H 4J B ,G U OX! 4J B0MH o OX!EH o 01p >1Bo COCOooo< < o COD TJo4J 4J'-Hg 00< ^ TJ01JJJJ• H o0. 4Jo•z X 0101D rH cflGO• H 01•H OB 04 O n0jj §JJ8 S, o 4J 01 O B X O CO BO 4J G 01 CO Dl Xi O C u 4J CO 4J 0 g 4JtO Vj CJ C _. 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O 4JU• H 4-1 01•H•a 41013 T3Cto rH 4) >•H4-1U0)a 0) 'H 4)43 4-1 rl0 MH •8GB Ol 4-1B rl0a 0uG -H rH rH tfl43 0] 4J G41ga0 H01>4)T3 4143EH *?* TJ 0141013 4-1 -H 01 GB lH 4-1 (JJ 4J O 4J .. Olc-H rl Ba o 4-1 •841 4J -H g -H rH 4-10G 4-1343 .. OlG•H•a3rH OC • H rl O•8-H rl rl O O G O -H 4JB4J ^1Oa01cB rl EH 4) 434J G•H43 4J -H3 014)013 *-*. -P •H O -rH ^a 0)rC G -H 4H 1 2 CITY COUNCIL RESOLUTION NO. 2009-226 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT (CHAPTER 4 21.35) TO APPROVE AMENDMENTS TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL AND IMPLEMENTING ORDINANCE TO 5 ACCEPT THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS FOR LOCAL COASTAL PLAN CERTIFICATION 6 PURPOSES. 7 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS 8 CASE NO.: ZCA 95-10(a)/LCPA 95-10(al/MCA95-01(a) 9 WHEREAS, on or about December 5, 2007, the City Council took action to submit an application for an amendment to the Local Coastal Program (LCPA 95-1 Oa) for the 10 Village Redevelopment Segment of the Carlsbad Coastal Zone, and for all properties located within the Village Redevelopment Project Area, to the California Coastal 11 Commission, including review, approval and certification of the Village Master Plan and Design Manual approved by the Housing and Redevelopment Commission on November 20, 2007; and WHEREAS, said verified application was reviewed by the California Coastal 14 Commission and approved, with suggested modifications; and 15 WHEREAS, the California Coastal Commission has forwarded and the City of Carlsbad acknowledges receipt of the Commission's resolution of certification dated July 16 23, 2009, including suggested modifications; and 17 WHEREAS, in accordance with Carlsbad Municipal Code, 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 19 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 20 for the Village Redevelopment Zone; and 21 WHEREAS, the proposed amendment is set forth in Ordinance No. CS-052, and noted as Exhibit "Xa," dated July 31, 2009, and attached hereto as "Chapter 21.35 V-R 22 VILLAGE REDEVELOPMENT ZONE - ZCA 95-10(A)"; and 23 WHEREAS, the City Council did on the 18th day of August, 2009 hold a duly noticed public hearing as prescribed by law to consider said request; and ^T1 25 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 26 submitted by staff, and considering any written comments received, the City Council considered all factors relating to the Zone Code Amendment. 27 // 28 // NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as follows: a) That the foregoing recitations are true and correct. b) That based on the evidence presented at the noted public hearing, the Council hereby APPROVES said amendments to the Village Master Plan and Design Manual as set forth by the Housing and Redevelopment Commission as acknowledgement of receipt of the California Coastal Commission's resolution of certification, dated July 23, 2009 approving the City's Local Coastal Program Amendment 95-1 Oa with suggested modifications, and hereby APPROVES Ordinance No. CS-052 to incorporate said amendments into Chapter 21.35 of the Carlsbad Municipal Code. c) The City Council accepts the suggested modifications proposed by the California Coastal Commission in its conditional approval of LCPA 95-1 Oa. 11 12 13 14 15 16 /// 17 /// 18 19 20 n III 21 22 23 24 25 26 27 28 d) The proposed amendments will be effective for all properties within the Village Segment of the Carlsbad Coastal Zone upon final certification by the California Coastal Commission. CC Resolution No. Page 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 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council and the Housing and Redevelopment Commission of the City of Carlsbad on the 18th day of August, 2009, by the following vote, to wit: AYES: NOES: ABSENT: Lewis, Kulchin, Blackburn None Hall, Packard CLAUDE A. LEWIS, MAYOR ATTEST: TANT CITY CLERK 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 reguirements. 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.446 on November 20, 2007, and modified by Carlsbad housing and redevelopment commission Resolution No. on August ,2009 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: (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 outside the Village Segment of the Carlsbad Coastal Zone, provided that said demolition has not potential to create an 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/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/or (G) Demolition of a structure within the Village Segment of the Carlsbad Coastal Zone provided that said demolition has no has the potential to create trave an adverse impact on coastal resources and/or public access to the coast; and does not include any overnight accommodationsT (2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify as an administrative redevelopment project and/or involves new construction with 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 does not qualify as an administrative or minor redevelopment project and/or 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) 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 21.35.080, 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. (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 Area.-.(Ord. NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995) 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) 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) 1 2 ORDINANCENO.CS- CS-052 3 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD MUNICIPAL CODE 5 CHAPTER 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO ACKNOWLEDGE AND ACCEPT SUGGESTED MODIFICATIONS BY 6 THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION OF THE AMENDED VILLAGE MASTER PLAN AND DESIGN MANUAL AND 7 RELATED IMPLEMENTING ORDINANCE. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 8 AMENDMENTS CASE NO.: ZCA 95-10(a)/LCPA 95-10(a)/MCA95-01(a)9 The City Council, does ordain as follows: Section I: That Title 21, Chapter 21.35, Section 21.35.020 of the 12 Carlsbad Municipal Code is amended to read as follows: 13 "The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No. 14 9591 on July 21, 1981, and the village master plan and design manual as adopted by Carlsbad housing 15 and redevelopment commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad 16 housing and redevelopment commission Resolutions No. 280 on August 13, 1996, No. 291 on December 17 16, 1997, and No. 379 on April 13, 2004, and modified by Carlsbad housing and redevelopment 18 commission Resolution No. 446 on November 20, 2007, and modified by Carlsbad housing and 19 redevelopment commission Resolution No. 476 on August 18th , 2009 are hereby adopted by 20 reference and incorporated into this chapter." 21 Section II: That Title 21, Chapter 21.35, Section 21.35 of the Carlsbad 22 Municipal Code is amended to read as follows: 23 (a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An exempt project 24 is one which is exempt from the requirement to obtain a coastal development permit in accordance with 25 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 98^° structure; and/or 1 2 3 4 5 6 7 9 10 (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 outside the Village Segment of the Carlsbad Coastal Zone, provided that said demolition has no potential to create 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:16 (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 18 (B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or 19 (C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or 20 (D) Changes in permitted land uses which result in site changes, increased ADT, increased parking 21 requirements, or result in compatibility issues/problems; and/or 22 (E) Signs for existing businesses or facilities; and/or 23 (F) Repair or maintenance activities which are not exempt projects; and/or 24 (G) Demolition of a structure within the Village Segment of the Carlsbad Coastal Zone provided that said 25 demolition has no potential to create an adverse impact on coastal resources and/or public access to the 26 coast; and does not include any overnight accommodations 27 (2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify as an 28 administrative redevelopment project and/or involves new construction with an estimated permit value of 1 2 3 4 5 6 7 8 9 10 11 25 26 27 28 sixty thousand dollars or more but less than one hundred fifty thousand dollars. (3) Major Redevelopment Project. A major redevelopment project is one which does not qualify as an administrative or minor redevelopment project and/or involves new construction with an estimated permit value of one hundred fifty thousand dollars or more. EFFECTIVE DATE: This Ordinance shall become effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a local newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 18th day of August, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the _day of August, 2009 by the following vote to wit: 12 13 AYES: 14 ABSENT: ABSTAIN:16 17 Approved as to form and legality 18 19 Ronald R. Ball, City Attorney 20 21 CLAUDE A. LEWIS, MAYOR 22 " 23 LORRAINE M. WOOD, City Clerk 24 (SEAL) STATE OF CALIFORNIA - THE NATURAL RESOURCES AGENCY EXHIBIT ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 July 23, 2009 Debbie Fountain Housing and Redevelopment Director City of Carlsbad 2965 Roosevelt Street, Ste. & Carlsbad, CA 92008-2397 Re: Certification of City of Carlsbad LCP Amendment No. 3-07A (Village Master Plan and Design Manual) Dear Ms. Fountain, On June 11, 2009, the California Coastal Commission approved the above referenced amendment to the City of Carlsbad's certified Local Coastal Program (LCP). The Village Master Plan and Design Manual along with the Village Redevelopment Plan and implementing ordinances represent the Local Coastal Program for the Village Redevelopment Area. The amendment request included revisions to the Village Master Plan and Design Manual to correct or to clarify implementing policies and to amend one or more development standards. Also proposed are revisions to Chapters 2.24 and 21.35 of the Carlsbad Municipal Code to eliminate inconsistencies or incorporate process amendments, and revisions to City Council Policy No. 65 - Signs on Public Property. The most significant changes, and those that were subject to recommended changes by the Coastal Commission, were 1) 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 the adjacent properties in Land Use Districts 1, 4 and 6; 2) to clarify signage regulations, to define rooftop signs and to allow pole signs under limited circumstances and 3) to allow for demolition of certain structures to be categorized as an exempt activity and be processed ministerially. In addition, the Commission was concerned about augmenting the Plan's alternate transit provisions. The Commission approved the LCP amendment with suggested modifications that address prospective transit-oriented redevelopment of the Transportation Corridor north of Carlsbad Village Drive, disallow pole signs within the coastal zone, remove demolition of structures as an exempt development activity but incorporate an expedited review for certain demolitions with appropriate findings and incorporate additional policies for alternate transit measures. The attached modifications contain the specific changes adopted by the Commission. Debbie Fountain City of Carlsbad July 23, 2009 Page 2 Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as plan text or other ordinance revisions. This certification must also include production of the new LCP text and ordinance language demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City's certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director's determination. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission's action or this final certification procedure, please contact our office. Once again, thank you and representatives from the North County Transit District who worked on this planning effort. Your individual efforts and patience were and are much appreciated. Please let Laurinda Owens or me know if you have any questions or we can be of further assistance. Sincerely, Deborah N. District Manager CC: Laurinda Owens Ray Patchett/NCTD (G:San Diego/Reports/LCPs/CAR LCPA 3.07A Carlsbad Village Redevelopment cert letter.doc) CITY OF CARLSBAD LCP AMENDMENT # 3-07A VILLAGE MASTER PLAN AND DESIGN MANUAL SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION (ON JUNE 11,2009) 1. Revise Transportation Corridor on Page 2-32 of the Carlsbad Village Redevelopment Master Plan to read: The primary use of the Transportation Corridor shall be for transportation facilities and improvements that provide rail and transit sendees, and support facilities. 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 and north of Carlsbad Village Drive. All non-transit related development shall comply with all regulations and procedures set forth within this Village Master Plan and Design Manual, including obtaining a coastal development permit, hi addition, in order to approve any coastal development and/or redevelopment permit related to non-transit related uses/improvements within the Transportation Corridor and north of Carlsbad Village Drive, the appropriate legislative body within the City of Carlsbad must be able to make all of the following findings: 1 . The North County Transit District Board, or other appropriate transit agency. has declared the site of the proposed development to be surplus or excess right-of-way and not required for the purposes of constructing and/or providing transit facilities, services or amenities and determined that a transit- oriented development is appropriate for said site. _ 2. The development is consistent with the goals and objectives of the Village Master Plan and Design Manual, including the standards and policies related to transit and the use of alternate transit facilities/services and public access. _ 3. The development complies with the land use plan and development standards set forth with the Village Master Plan and Design Manual for the respective land use district. _ 4. The development shall incorporate and/or demonstrate support, including, but not limited to, parking, to the transit uses desired as priority uses within the Transportation Corridor. Carlsbad LCPA #3-07A/Village Area Coastal Commission Adopted Modifications (on June 11, 2009) Page 2 2. Revise Regulations, under Signage, on Page 5-2 in the Carlsbad Village Redevelopment Master Plan to read: Regulations The following signs shall be permitted within the Village Redevelopment Area: •[...] • Pole Signs (limited) (outside Coastal Zone only) 3. Revise table for Permit Types under "Exempt" projects, on Page 7-2 in the Carlsbad Village Redevelopment Master Plan to read: (This action would delete demolition as "exempt" development activity and the sub-sections would need to be re-numbered accordingly): Exempt 3. Demolition of structure that has no potential to create on adverse impact on coastal resources or public access to the coast: and/or. . . 4. Revise table for Permit Types, under Administrative Redevelopment Projects on Page 7-2 in the Carlsbad Village Redevelopment Master Plan to read: (and renumbering of items accordingly) Administrative Redevelopment 5. Demolition of structure provided that said demolition has no that may have the potential to create an adverse impact on coastal resources or public access to the coast; and does not include any overnight accommodations. Carlsbad LCPA #3-07A/Village Area Coastal Commission Adopted Modifications (on June 11, 2009) PageS 5. Incorporate the following policies to "TRANSPORTATION" on Page 9-3 of the Carlsbad Village Redevelopment Master Plan to read: The City shall actively encourage convenient alternatives to automobile use throughout the Village Area by implementing the following measures: • The City shall encourage transit operators to provide low-cost transit service to beaches and visitor-serving areas, and to provide transit service within walking distance of higher density residential areas within the City. • The City shall support higher density and mixed-use development within walking distance of the transit station. • In order to minimize energy consumption and vehicle miles traveled and provide substitute means of serving development with public transportation, coastal development permit approvals for new development within the Coastal Zone shall require developers to provide incentives for alternate transit use such as providing employee transit passes or subsidies, ridesharing programs, preferred parking for carpooling and on-site shower facilities. 6. Revise the following change to Section 21.35.080, Redevelopment projects to read: (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: (8) Demolition of a structure, unless such demolition activity has the potential to havo 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 Proj ect [ . . . ] Carlsbad LCPA #3-07A/Village Area Coastal Commission Adopted Modifications (on June 11, 2009) Page 4 (G) Demolition of a structure provided that such demolition has no the potential to have an adverse impact on coastal resources and/or public access to the coast and does not include any overnight accommodations. This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 08th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. CITY COUNCIL AND HOUSING ANDREDEVELOPMENT COMMISJOINT PUBLIC HEARIN SION NOTICE IS HEREBY GIVEN to you, because your in-terest may be affected, that the City Council andHousing and Redevelopment Commission of the Cityof Carfsbad will hold a joint public hearing at theCouncil Chambers, 1200 Carlsbad Village DriveCarlsbad, California, at 6:00 p.m. on Tuesday, August1 8, 2009, to consider the following: LCPA 95-10(a)/ZCA 95-1 0(a) -Village Master Planand Design Manual Amendments - The Commis-sion will consider adopting the modifications to theVillage Area Master Plan and Design Manual as pro-posed by the California Coastal Commission on June1 1, 2009. The Council will consider acknowledging re-ceipt of the Coastal Commission Resolution 61 Certi-fication accepting the Coastal Commission suggest-ed modifications and approving a revision to Chapter21 .35 of the Carlsbad Municipal Code to reflect themodifications to the Village Master Plan and DesignManual. Copies of the proposed amendments are available forreview at the Housing and Redevelopment Depart-ment, 2965 Roosevelt Street, Suite B, Carlsbad, Cali-fornia 92008 dufing regular business hours from 7:30am to 5:30pm, Monday through Thursday and8:00am to 5:00pm on Friday Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe staff report will be available on fine awww.carlsbadca.gov or from the Housing and Rede-velopment Department on Friday, August 1 4, 2009. Ifyou have any questions, please contact Debbie Foun-tain, Housing and Redevelopment Director, at (760)434-2815 or debbie.fountain@carlsbadca.gov If you challenge the Village Master Plan and DesignManual Amendments in court, you may be limited toraising only those issues you or someone else raisedat the public hearing described in this notice or in writ-ten correspondence delivered to the City of Carlsbad.Attn: City Clerk's Office, 1 200 Carlsbad Village Drive,Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: August 8, 2009 NCT 2225446 Dated at OCEANSIDE, California On this 10)f, day of August 200 Oji^ Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION JOINT PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council and Housing and Redevelopment Commission of the City of Carlsbad will hold a joint public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, August 18, 2009, to consider the following: LCPA 95-10(a)/ZCA 95-10(a) -Village Master Plan and Design Manual Amendments - The Commission will consider adopting the modifications to the Village Area Master Plan and Design Manual as proposed by the California Coastal Commission on June 11, 2009. The Council will consider acknowledging receipt of the Coastal Commission Resolution of Certification, accepting the Coastal Commission suggested modifications and approving a revision to Chapter 21.35 of the Carlsbad Municipal Code to reflect the modifications to the Village Master Plan and Design Manual. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the proposed amendments are available for review at the Housing and Redevelopment Department, 2965 Roosevelt Street, Suite B, Carlsbad, California 92008 during regular business hours from 7:30am to 5:30pm, Monday through Thursday and 8:00am to 5:00pm on Friday. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available online at www.carlsbadca.gov or from the Housing and Redevelopment Department on Friday, August 14, 2009. If you have any questions, please contact Debbie Fountain, Housing and Redevelopment Director, at (760) 434-2815 ordebbie.fountain@carlsbadca.gov Village Redevelopment Project Area Coastal Commission Suggested ModificationsAugust 2009August, 2009 StatusyNovember 21, 2007 –the City Council/Commission approved revisions to the Village Master Plan & Design Manual which modified some standards corrected or Manual which modified some standards, corrected or updated policies, etc.yDecember 5 2007 –Application submitted to Coastal December 5, 2007 Application submitted to Coastal Commission to approve the revisions.yAugust 7, 2008 –Coastal Commission approved a one gppyear extension to process the City’s application.yJune 11, 2009 –Coastal Commission approved li i ih d difi iapplication with suggested modifications. Suggested ModificationsyRevise permitted sign types to prohibit pole signs in the Coastal Zone.Ri i  d i Si ihi yRevise permit types and appropriate Section within 21.35 of the CMC to require an Administrative Redevelopment (Review) Permit for demolition of a Redevelopment (Review) Permit for demolition of a building or improvements within the Coastal Zone, provided that demolition has no potential to create an adverse impact on coastal resources or public access to the coast and does not include any overnight accommodationsaccommodations. Suggested ModificationsyAdd policy language to the “transportation” section of the MP which requires the City to actively encourage convenient alternatives to automobile use throughout convenient alternatives to automobile use throughout the Village by:yEncouraging transit operators to provide low‐cost transit Encouraging transit operators to provide lowcost transit services.yProviding support for higher density and mixed use dldevelopment.yRequiring developers/employers to provide incentives for alternate transit use.for alternate transit use. Suggested ModificationsAcknowledge that the primary use of the transportation corridor  shall be for transportation facilities and improvements that rprovide rail, transit service and support facilities, but also allow the permitted, provisional and accessory land uses allowed in Districts 1 4 and 6 to also be allowed in the rtation CorridorDistricts 1, 4 and 6 to also be allowed in the transportation corridor with findings to ensure there remains adequate land for transit related facilities and that the development meets the lbdddfhllTransporgoals, objectives and standards of the Village Master Plan, and receives approval of the appropriate discretionary permits from the City.City. Recommended ActionyApproval of the suggested modifications by the Commission and Council to allow for final certification of the plan by the Coastal Commission and full of the plan by the Coastal Commission and full implementation throughout the Village Area.yApprove Housing and Redevelopment Commission Approve Housing and Redevelopment Commission Resolution No. 476 amending the Village Master Plan and Design Manual.yApprove City Council Resolution No. 2009‐226 and Introduce Ordinance No.  CS‐052 amending Chapter 21 3521.35