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 „
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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)
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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
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16 ///
17 ///
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20 n
III
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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
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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