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Home My WebLink About2010-07-27; City Council; 20328; AMEND CODE VILLAGE REDEVELOPMENT PLAN EXPIRATIONCITY OF CARLSBAD - AGENDA BILL 16 AB# 20,328 MTG. 7-27-10 DEPT. CLERK AMENDMENT OF MUNICIPAL CODE REGARDING TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN ZCA 10-02 DEPT. HEAD CITY ATTY. CITY MGR. J^ RECOMMENDED ACTION: Adopt Ordinance No. CS-099. approving a Zone Code Amendment to amend Section 21.05.010 (Names of Zones); Section 21.45.050 Table A (Planned Developments, Permitted zones and uses); Portions of Chapter 21.54 (Procedures, Hearings, Notices and Fees); Section 21.84.040 Table A (Housing for Senior Citizens, Use Table); Section 21.201.020 H (Costal Development Permit Procedures, Definitions); and Section 21.05.030 (Zoning Map) to make minor modifications to the zoning ordinance and zoning map to correct titles related to the expiration of the Village Redevelopment Plan. ITEM EXPLANATION: Ordinance No. CS-099 was introduced and first read at the City Council meeting held on July 13, 2010. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,312 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-099. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED p — DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO. CS-099 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO MAKE MINOR MODIFICATIONS TO THE ZONING ORDINANCE AND ZONING MAP LABELS TO 4 CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 5 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO.: ZCA 10-02 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 Section I: That Section 21.05.010 (Zone Establishment - Boundaries, Names of 8 Zones) is amended to read as follows: 9 21.05.010 Names of zones. 10 In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of 12 zones and overlay zones are established by this title to be known as follows: C-1—Neighborhood Commercial Zone C-2—General Commercial Zone C-F—Community Facilities Zone C-L—Local Shopping Center Zone C-M—Heavy Commercial-Limited Industrial Zone C-T—Commercial Tourist Zone E-A—Exclusive Agricultural Zone L-C—Limited Control Zone M—Industrial Zone O—Office Zone 18 O-S—Open Space Zone P-C—Planned Community Zone P-M—Planned Industrial Zone P-U—Public Utility Zone R-1—One-Family Residential Zone R-2—Two-Family Residential Zone R-3—Multiple-Family Residential Zone 22 R-A—Residential Agricultural Zone R-E—Residential Estate Zone R-P—Residential-Professional Zone R-T—Residential Tourist Zone 24 R-W—Residential Waterway Zone RD-M—Residential Density-Multiple Zone 25 RMHP—Residential Mobile Home Park T-C—Transportation Corridor Zone V-R—Village Review Zone BAO—Beach Area Overlay Zone 27 Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone 2g Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment 1 C/V-SO—Commercial/Visitor-Serving Overlay Zone F-P—Floodplain Overlay Zone 2 H-O—Hospital Overlay Zone Q—Qualified Development Overlay Zone 3 S-P—Scenic Preservation Overlay Zone 4 Section II: That footnote (8) to Table A of Section 21.45.040 (Planned 5 Developments, Permitted zones and uses) is amended to read as follows: 6 (8) Refer to the Carlsbad Village Master Plan and Design Manual for permitted uses. 7 Section III: That the list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is amended as follows: Sections: 21.54.010 Applications. 21.54.020 Acceptability of signatures on applications. 21.54.030 Applications a part of permanent record. 11 21.54.040 Filing fees. 21.54.050 Setting of hearing. 12 21.54.060 Notices. 21.54.061 Content of notice. 13 21.54.062 Additional notice to persons requesting it. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Required wording of notices. 15 21.54.080 Investigations. 21.54.090 Rule establishment for conduct of hearings. 21.54.100 Hearing continuance without public notice. 21.54.110 Permanent files shall include summary of testimony. 21.54.120 General plan amendments (except for the coastal zone). 1 „ 21.54.130 Restriction on reapplication after denial. 21.54.140Effective date of order-Appeal of planning director or housing and , Q redevelopment director decisions. 21.54.150 Effective date of order-Appeal of planning commission decisions. 20 Section IV: That Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, 21 Effective date of order—Appeal of planning director or housing and redevelopment director 22 decisions) is amended to read as follows: 23 (a) This section shall apply to those decisions or determinations of the planning 24 director or housing and redevelopment director made pursuant to this title or planning director determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment 25 director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and 25 redevelopment commission" shall be interchangeable with "city council." 27 28 -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 Section V: That the title of Section 21.54.150 and Section 21.54.150(a) (Procedures, Hearings, Notices and Fees, Effective date of order—Appeal of planning commission or design review board decisions) is amended to read as follows: 21.54.150 Effective date of order—Appeal of planning commission decisions. (a) This section shall apply to those decisions or determinations of the planning commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and redevelopment commission" shall be interchangeable with "city council." Section VI: That Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is amended as follows: Table A Zones Where Housing for Senior Citizens Is Permitted Zone R-3 R-P R-T R-W RD-M V-R P-C Housing for Senior Citizens SDP SDP* SDP SDP SDP ** ** Note: Housing for Senior Citizens is prohibited in those zones not indicated. *The city may approve a site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property permits residential uses. ** May be permitted subject to the standards of the controlling document (i.e., in V-R zone - Carlsbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. Section VII: That Section 21.201.020.H (Coastal Development Permit Procedures, Definitions) is amended to read as follows: H. "Coastal zone" means the coastal zone of the city as described in the Public Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the Agua Hedionda Lagoon and Village Area segments of the Carlsbad Local Coastal Program). Section VIM: That Section 21.05.030 of the Carlsbad Municipal Code, being the City's Zoning Map, is amended as shown on Exhibit Z-2 (ZCA10-02), dated May 5, 2010, attached hereto and made a part hereof. -3- 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, but not until approved by the California Coastal Commission, and the City Clerk shall 3 certify to the adoption of this ordinance and cause it to be published at least once in a 4 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of July 2010, and thereafter. 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1 2 3 4 5 6 7 8 QJ7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at Carlsbad on the 27th day of Ju\v, 2010,byth AYES: Council Members Lew NOES: None. ABSENT: None. ABSTAIN: None. APEROVED AS TO FORM AND LEGALITY I \ c^ I \^ ) ^£3 <O- V "^Vtegf| ^HUP • •-•^•&—^ RONALD R. BALL, City Attorney 7 /W 1 w/irftfL&K/f/f** qtftffttMW&^l&yoT ™ ATTEST: / /I 0 ^O/ \.f^L^^\/ ^^V / k_JLtAuu^ LORRAINE/MI. WOOpJCity Clerk ' (SEAL) 4^^"o>, =^/^^M^i-• V "?L w^^lJSw^''' *0 *^ISP?/ X.S.oV0 /o /y^0 -5- Exhibit Z-2 May 5, 2010 ZCA 10-02 (Zoning Map) Village Area Title Amendment P-M P-U Local Shopping Center General & Neighborhood Commercial Tourist Commercial Heavy Commercial Industrial Planned Industrial -' v Public Utility .—• —-«_ »*\. illage Redevelopmenp p-c L-C Planned Community Limited Control Open Space Transportation Corridor Multiple Designations Other Roads ,'\,' Arterial Roadway «*\.»-* Scenic Preservation Overlay :::::::-::'.'::::':.'.' Special Flood Hazard Area ( ^^ Commercial Visitor Serving C Beach Overlay Zone EXISTING LEGEND ( partial) OL Local Shopping Center m General & Neighborhood Commercial tSm Tourist Commercial BU Heavy Commercial JBB Industrial p.iifl Planned Industrial p-u Public Utility Illage p-c Planned Community L-C Limited Control GJJ!^ Open Space Transportation Corridor Multiple Designations , ' Other Roads ^'X' Arterial Roadway »*\»* Scenic Preservation Overlay ;::;>:;;;;;'-;-; Special Flood Hazard Area ( _=JL=J Commercial Visitor Serving ( Beach Overlay Zone PROPOSED LEGEND (partial)