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HomeMy WebLinkAbout2012-04-10; City Council; 20867; Land Use Decision Making ZCA 11-06 LCPA 11-07CITY OF CARLSBAD - AGENDA BILL 11 AB# 20,867 LAND USE DECISION MAKING ZCA 11-06/LCPA 11-07 DEPT. DIRECTOR MTG. 4/10/12 LAND USE DECISION MAKING ZCA 11-06/LCPA 11-07 CITY ATTORNEY DEPT. CED LAND USE DECISION MAKING ZCA 11-06/LCPA 11-07 CITY MANAGER X. RECOMMENDED ACTION: CS-178 APPROVING That the City Council hold a public hearing and INTRODUCE Ordinance _ an amendment to the City of Carisbad Zoning Ordinance (ZCA 11-06), and ADOPT Resolution No. 2012-084 . APPROVING a Local Coastal Program Amendment (LCPA 11-07), based upon the findings contained therein. ITEM EXPLANATION: This project is city-initiated and consists of various amendments to the text of the Zoning Ordinance (Title 21 of the city's Municipal Code and implementing ordinance ofthe city's Local Coastal Program). The primary purpose of the project is to improve the city's development review process by implementing a number of initiatives identified by the city's Development Review Process (DRP) Working Group. See page 2 of the Report to the Planning Commission (Exhibit 4) for information regarding the formation and purpose of the DRP Working Group. In November 2009, the DRP Working Group's Summary Recommendations Report was presented to the City Council at a City Council Workshop. At that workshop the City Council directed staff to implement the nine initiatives identified by the DRP Working Group. This project includes amendments to the Zoning Ordinance to implement the following recommendations identified in two DRP initiatives. Initiative 1: Increase consistency of the permit processes and enhance entitiement protection by processing all permit approvals and extensions in the same manner. Initiative 4: Increase consistency by ensuring that all discretionary permits required for a project are acted upon by a single decision-making authority. Initiative 4: Streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority. In addition to the DRP Working Group initiatives, the project includes Zoning Ordinance amendments to provide more flexibility, reduce redundancy, clarify requirements and update for consistency with state regulations. A complete discussion and analysis of the proposed amendments is provided in the Report to the Planning Commission dated February 1, 2012 (Exhibit 4). On February 1, 2012, the Planning Commission, held a public hearing to consider the proposed amendments to the Zoning Ordinance and Local Coastal Program. Two members of the public spoke at the hearing and the Planning Commission voted 7 - 0 to recommend approval of the proposed amendments. A summary of comments from public speakers, the Planning Commission's discussion and staff's response to questions is provided in the Planning Commission Minutes dated February 1, 2010 (Exhibit 5). DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer(5)carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 Subsequent to the Planning Commission's review and recommendation of approval of the project, the City Attorney provided additional information which resulted in minor modifications to the proposed ordinance in Exhibit 1. A summary of the proposed modifications is provided in Exhibit 6. Following City Council approval, staff will submit an application for a Local Costal Program Amendment to the California Coastal Commission. The project will not become effective until approved by the California Coastal Commission. FISCAL IMPACT: The only anticipated fiscal impact would be from staff time required to complete the amendment process through the California Coastal Commission. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature and are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. EXHIBITS: 1. City Council Ordinance No. CS-178 2. City Council Resolution No. 2012-084 3. Planning Commission Resolutions No. 6858 and 6859 4. Report to the Planning Commission dated February 1, 2012 5. Planning Commission Minutes dated February 1, 2010 6. Summary of Proposed Ordinance Modifications to Planning Commission Recommendation EXHIBIT 1 ORDINANCE NO. CS-178 23 24 2 AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT CONSISTING OF VARIOUS AMENDMENTS TO THE ZONING ORDINANCE TO IMPROVE THE CITY'S 4 DEVELOPMENT REVIEW PROCESS. CASE NAME: LAND USE DECISION MAKING 5 CASE NO.: ZCA 11 -06/LCPA 11 -07 6 WHEREAS, in July 2009, the Development Review Process (DRP) Working 7 Group was formed with the purpose of identifying ways to improve the efficiency of and user 8 experience with the development review process; and 9 WHEREAS, in November 2009 the DRP Working Group's Summary 10 Recommendations Report was presented to City Council at a City Council Workshop; and 11 WHEREAS, at said workshop, the City Council directed staff to implement the 12 nine initiatives identified in the DRP Working Group's Summary Recommendations Report; and 13 WHEREAS, the majority of Zoning Ordinance amendments contained herein 14 implement two of the nine initiatives identified by the DRP Working Group; and 15 WHEREAS, the City of Carisbad became a charter city at the special election of 16 June 3, 2008; and 17 WHEREAS, under the California Constitution, the City is no longer bound by the ^ ^ provisions of general law with regard to local planning and zoning which are deemed a municipal affair; and 20 WHEREAS, the Carlsbad Municipal Code must be amended to clarify when general law provisions in the Code are no longer applicable; and 22 WHEREAS, general law requires the Planning Commission to make recommendations to the City Council on amendments to the General Plan, Municipal Code Title 21 (Zoning Ordinance) and master plans; and WHEREAS, general law states that if the City Council proposes any substantial modification to the Planning Commission's recommendations, such modifications shall be 27 referred to the Planning Commission for its recommendation; and 28 1 WHEREAS, it is now recommended that Chapters 21.38 and 21.52 of the 2 Carlsbad Municipal Code be amended to no longer require but provide the City Council with the 3 discretion to refer to the Planning Commission any substantial modification to the Planning 4 Commission's recommendations on amendments to the Generai Plan, Zoning Ordinance and 5 master plans. 6 NOW THEREFORE, The City Council of the City of Carisbad, California, does 7 ordain as follows: SECTION I: That Section 21.04.290.1 of the Carlsbad Municipal Code is ^ amended to read as follows: 1^ 21.04.290.1 Outdoor Dining (Incidental). "Outdoor dining (incidental)" means an outdoor dining area that is part of any business 11 that serves food and/or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens, and which does not exceed the 12 limitations established in Chapter 21.26. SECTION II: That the list of sections in Chapter 21.06 of the Carisbad 17 Municipal Code is amended to read as follows: 14 21.06.010 Intent and purpose. ,^ 21.06.015 Application of Q zone. 21.06.020 Permitted uses and findings of fact. 21.06.030 Site development plan requirement. 21.06.040 Exceptions. Ig 21.06.050 Application and fees. 21.06.060 Notices and hearings. 19 21.06.070 Decision-making authority. 21.06.080 Announcement of decision and findings of fact. 20 21.06.090 Effective date and appeals. 21.06.100 Expiration, extensions and amendments. 21 21.06.110 Development standards. 21.06.120 Lot requirements. 22 21.06.130 Final site development plan. 23 SECTION III: That Section 21.06.020.B of the Cartsbad Municipal Code is 24 amended to read as follows: 25 B. Notwithstanding subsection 21.06.020.A, no development or use shall be permitted unless the decision-making authority tinds: 26 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this 27 chapter, and all other applicable provisions of this code. 28 ••2- 2. That the requested development or use is properiy related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specitically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; 3. That the site for the intended development or use is adequate in size and shape 4 to accommodate the use; 4. That all of the yards, setbacks, walls, fences, landscaping, and other features 5 necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; 6 5. That the street system serving the proposed development or use is adequate to properiy handle all traffic generated by the proposed use; and 7 6. The proposed development or use meets all other specific additional findings as required by this title. 8 9 10 19 20 21 22 25 26 SECTION IV: That Sections 21.06.060 through 21.06.130 of the Cartsbad Municipal Code are amended to read as follows: 21.06.060 Notices and hearings. 11 A. Notice of an application for a minor site development plan shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis title. 12 B. Notice of an application for a site development plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 ofthis title. 21.06.070 Decision-making authority. 14 A Applications for minor site development plans or site development plans shall be acted upon in accordance with the following: 1^ 1. Minor Site Development Plan a. An application for a minor site development plan may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. b. The city planner may approve or conditionally approve the minor site development plan if all of the findings of fact in Section 21.06.020 of this title are found to exist. 2. Site Development Plan a. An application for a site development plan may be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the public hearing. b. The planning commission shall hear the matter, and may approve or conditionally approve the site development plan if all of the findings of fact in Section 21.06.020 of this title 23 are found to exist. 74 21.06.080 Announcement of decision and findings of fact. A. When a decision on a minor site development plan or site development plan is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. 21.06.090 Effective date and appeals. 2^ A. Decisions on minor site development plans shall become effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis titie. 28 3 1 B. Decisions on site development plans shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title. 2 21.06.100 Expiration, extensions and amendments. 3 A. The expiration period for an approved minor site development plan or site development plan shall be as specified in Section 21.58.030 ofthis title. 4 B. The expiration period for an approved minor site development plan or site development plan may be extended pursuant to the provisions of Section 21.58.040 of this titie. 5 C. An approved minor site development plan or site development plan may be amended pursuant to the provisions of Section 21.54.125 of this title. 6 21.06.110 Development standards. 7 A. Property in the Q zone shall be subject to the development standards required in the underiying zone and any applicable master plan or specific plan, except for affordable 8 housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified 9 in the undertying zone or elsewhere, provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public 10 health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception 11 of density. In addition, the city planner in approving a minor site development plan, or the planning commission or the city council in approving a site development plan may impose 12 special conditions or requirements which are more restrictive than the development standards in the underiying zone or elsewhere that include provisions for, but are not limited to, the following: 13 1. Special setbacks, yards, active or passive open space, required as part of the entitlement process; 14 2. Special height and bulk of building regulations; 3. Fences and walls; 15 4. Regulation of signs; 5. Additional landscaping; 16 6. Special grading restrictions; 7. Requiring street dedication and improvements (or posting of bonds); 17 8 Requiring public improvements either on or off the subject site that are needed to service the proposed development; 18 9 Time period within which the project or any phases of the project shall be completed; 1 ^ 10. Regulation of point of ingress and egress; 11. Architecture, color, texture, materials and adornments; 20 Such other conditions as deemed necessary to insure conformity with the 2 J general plan and other adopted policies, goals or objectives of the city. 21.06.120 Lot requirements. 22 A. The Q zone may be placed on any size or dimensioned, legally created lot. ^•^ 21.06.130 Final site development plan. A. After approval the applicant shall submit a reproducible copy of the minor site development plan or site development plan which incorporates all requirements of the approval to the city planner. Prior to signing the final minor site development plan or site development plan, the city planner shall determine that all applicable requirements have been incorporated into the plan. „ u B. The final signed minor site development plan or site development plan shall be the official site layout plan for the property and shall be attached to any application for a grading and/or a building permit on the subject property. 27 28 -4- 1 SECTION V: That Sections 21.G6.140 through 21.06.160 of the Carlsbad 2 Municipal Code are repealed. 3 SECTION VI: That Section 21.08.050.A.1 of the Carisbad Municipal Code is amended to read as follows: 5 1. Interior lots shall have the following side yards: a. A side yard shall be provided on each side of the lot which side yard has a width 6 equal to ten percent of the lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet; i. The width of one side yard may be reduced, subject to the following: (A) The opposite side yard shall be increased in width by an amount equal to the ^ reduction or shall be a minimum of ten feet in width, whichever is greater; (B) The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard; (C) In the event special circumstances exist, such as extreme topographical features and/or irregular shaped lots (such as those which front on cul-de-sacs), a reduced side yard 11 may be permitted adjacent to a reduced side yard, provided a minimum of ten feet between buildings is maintained. 7 8 9 10 12 13 14 24 SECTION VII: That Section 21.08.080.B of the Carlsbad Municipal Code is amended to read as follows B The official or decision-making body with the authonty to othenA/ise approve the 15 subdivision may approve panhandle or fiag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist: 16 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land 17 development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to 18 provide full public street access to other properties within the same block of the subject property. 19 SECTION VIII- That Section 21.09.120(2) ofthe Carlsbad Municipal Code is 20 amended to read as follows: 21 (2) The official or decision-making body with the authority to othenA/ise approve the 22 subdivision may approve panhandle or fiag-shaped lots where the lot width and yards shall be measured as follows. 23 (A) The buildable portion of the lot, which is the total area minus that portion containing the access portion (handle), shall meet the minimum area requirements of the R-E (B) The width requirement for the buildable portion of the lot shall be as required for lots in the R-E zone. (C) The yard requirements of the R-E zone shall be met, except that front yard ^6 setbacks may be reduced to thirty feet. (D) The minimum width of the access portion shall be twenty-four feet, except where the access portion is adjacent to the same portion of another such lot, in which case the 28 -5- required minimum width shall be fifteen feet, provided a joint easement ensuring common access of a minimum width of thirty feet to both such portions is recorded. (E) An improved driveway shall be provided within the access portion of the lot from a public street or public easement to the parking area on the buildable portion ofthe lot which is at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be ten feet. The driveway shall be constructed of two 4 inch thick asphalt concrete paving on a proper base with rolled edges. (F) Each lot shall have at least three nontandem parking spaces, with an approach 5 not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for fonA/ard access to the street. This parking and access arrangement shall be 6 designated tothe satisfaction of the city engineer. (G) Structures permitted in the access portion of the lot shall be limited to mailboxes, 7 fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, these structures shall not be greater than forty-two inches in height if located within twenty feet 8 of the street property line or greater than six feet in height beyond this point. (H) The property owner of such a lot shall agree to hold the city or any other public 9 service agency harmless from liability for any damage to the driveway when being used to perform a public service. SECTION IX: That Section 21.10.030.C of the Carisbad Municipal Code is amended to read as follows: 26 27 28 SECTION X: That Section 21.10.070.A.1 of the Carlsbad Municipal Code is amended to read as follows: 10 11 12 C. Second dwelling units developed within the coastal zone require a minor coastal 13 development permit issued according to the provisions of Section 21.201.080 and a building permit Second dwelling units outside of the coastal zone require a building permit. 14 15 16 „ 1 Intenor lots shall have the following side yards: 17 a A side yard shall be provided on each side of the lot, which side yard has a width equal to ten percent ofthe lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet; i. The width of one side yard may be reduced, subject to the following: 1^ (A) The opposite side yard shall be increased in width by an amount equal to the reduction or shall be a minimum of ten feet in width, whichever is greater; 20 reduced side yard shall not be less than five feet in width nor shall it abut a ^ 1 lot or parcel of land with an adjacent reduced side yard; ^ ^ (C) In the event special circumstances exist, such as extreme topographical features and/or irregulariy shaped lots (such as those which front on cul-de-sacs), a reduced side yard may be permitted adjacent to a reduced side yard, provided a minimum often feet between 23 buildings is maintained. SECTION XI: That Section 21.10.100.B ofthe Carlsbad Municipal Code is 24 25 amended to read as follows B The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or fiag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist. 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 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block ofthe subject property. SECTION Xll: That the row for "Child day care center" in Table A of Section 21.16.020 ofthe Carlsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 SECTION XIII: That the row for "Child day care center" in Table A of Section 21.18.020 ofthe Cartsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 SECTION XIV: That the row for "Child day care center" in Table B of Section 21.18.020 ofthe Cartsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 SECTION XV: That the row for "Child day care center" in Table A of Section 21.24.020 of the Cartsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 SECTION XVI: That the row for "Child day care center" in Table A of Section 21.25.040 of the Cartsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 SECTION XVII: That the list of sections in Chapter 21.26 of the Cartsbad Municipal Code is amended to read as follows: 21.26.010 Permitted uses. 21.26.013 Outdoor dining (incidental). 1 21.26.020 Limitations on permitted uses in C-1 zone. 21.26.030 Building height. 2 21.26.040 Frontyard. 21.26.050 Side yards. 21.26.060 Placement of buildings. 20 22 23 24 25 SECTION XVIII: That Section 21.26.013 of the Carlsbad Municipal Code is amended to read as follows: 3 4 5 6 21.26.013 Outdoor dining (incidental). 7 A. Subject to the requirements of this section, outdoor dining (incidental) may be established as part of any business that serves food and/or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens. B. If the proposed outdoor dining (incidental) is located in the coastal zone and is 9 not exempt from a coastal development permit by Chapter 21.201 of this title, approval of a coastal development permit or minor coastal development permit, processed in accordance with 10 Chapter 21.201, shall be required. C. Development Standards: All areas providing outdoor dining (incidental) shall 11 comply with the following development standards: 1. Outdoor dining areas shall comply with all applicable requirements of the State of 12 California Disabled Access Regulations (Titie 24); 2. Outdoor dining areas shall comply with all applicable requirements of the 13 alcoholic beverage commission, if alcoholic beverages are served in the outdoor area; 3. Outdoor dining areas shall be operated only during the hours of operation of the 14 associated business; 4. Outdoor dining areas shall be used exclusively for eating and drinking; 15 5 Outdoor dining areas shall be located on private property only; 6. Outdoor dining areas shall provide adequate circulation to accommodate normal ^6 pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/fences shall be a minimum forty-two inches wide; 17 7 Jhe maximum area provided for outdoor dining (incidental) shall be limited to a , „ maximum of four hundred square feet; 18 8. Outdoor dining areas shall not be located where the incidental outdoor dining , Q area would: a. Encroach into the public right-of-way; b. Eliminate any existing required parking spaces; c. Remove or reduce existing landscaping (unless equivalent additional landscaping is provided elsewhere to the satisfaction of the city planner); 21 d. Present a traffic or pedestrian hazard; or e. Be located where the nearness, volume or speed of vehicular traffic would be incompatible with outdoor dining, in the opinion of the city engineer. 9. When calculating square footage for purposes of determining parking required per Chapter 21.44 of this code, space used for outdoor dining (incidental) pursuant to this section shall be excluded. SECTION XIX: That Section 21.26.030 of the Carlsbad Municipal Code is 26 amended to read as follows: 27 21.26.030 Building height. 28 /u A. Except as otherwise provided in this section, no building within the C-1 zone shall exceed a height of thirty-five feet, including the protrusions described in Section 21.46.020. B. Purely architectural features such as fiagpoles, steeples or architectural towers may be permitted to a maximum of forty-five feet through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that the decision-making authority makes the specific findings that the protruding architectural features: 4 1. Do not function to provide usable fioor area; 2. Do not accommodate and/or screen building equipment; 5 3. Do not adversely impact adjacent properties; and 4. Are necessary to ensure a building's design excellence. SECTION XX: That the list of sections in Chapter 21.27 of the Cartsbad Municipal Code is amended to read as follows: 6 7 8 21.27.010 Intent and purpose. 9 21.27.020 Permitted uses. 21.27.035 Reserved. 10 21.27.040 Minor site development plan required. 21 27 050 Development standards. 11 12 13 14 15 16 17 18 19 SECTION XXI: That the row for "Child day care center" in Table A of Section 21.27.020 ofthe Cartsbad Municipal Code is amended to read as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 22 23 24 25 26 SECTION XXII: That Sections 21.27.040 and 21.27.050 of the Carlsbad Municipal Code are amended to read as follows: 21.27.040 Minor site development plan required. A. Approval of a minor site development plan processed according to the provisions of Chapter 21.06 of this title shall be required for any development in the O zone. 90 21.27.050 Development standards. A. The following development standards shall apply to all new construction, 91 development or subdivision in the O zone: ^ 1. Lot Area. The minimum area of any newly created lot shall be ten thousand square feet except that this requirement shall not be construed to prohibit condominium or planned unit developments approved pursuant to Chapter 21.47. This zone may be applied to existing lots of less than ten thousand square feet when it can be found that the lots are suitable in size and shape to accommodate development as permitted in the O zone. 2. Lot Width. Every newly created lot shall have a width of not less than seventy- five feet at the rear line of the required front yard. 3 Building Height. Except as othenA/ise provided in this section, no building within the O zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. Additional building height up to a maximum of forty-five feet may be permitted through approval of a minor site development 27 plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: 28 .9. 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 a. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the decision-making authority makes the specific findings that the protruding architectural features: i. Do not function to provide usable fioor area; ii. Do not accommodate and/or screen building equipment; iii. Do not adversely impact adjacent properties; and iv. Are necessary to ensure a building's design excellence. 4. Setbacks. Every lot shall provide required yards, measured from the property line as follows: Dnveways/Parking 1 Story Building 2 or more stories up to 35 feet^ Front yard 10' 15' 20' Front yard on an arterial 15 20 30 Front yard on a prime artenal 30 40 50 Street side yard 10 15 20 Side yard on an arterial 15 20 30 Side yard on a prime arterial 30 40 50 Intenor side yard 5 10 10 Rear yard 5 10 10 A.3 of this section. a. Setbacks for parking may be reduced with construction of a six-foot solid masonry wall and appropriate landscape buffer on a rear or interior side yard only. b. Through lots shall be considered to have two front yards and shall observe setbacks accordingly. 5. Permitted Intrusions. The following intrusions only may be permitted within the required setbacks: a. Pedestrian walkways; b. Landscaping; c. Planters; d. Fences or walls; e. Approved areas of ingress and egress; f. Approved monument signs; g. Public and employee recreational facilities as approved by the city planner; h. Architectural projections such as eaves, sunscreens, columns and buttresses may extend six feet into any setback thirty feet and greater and three feet into any setback less than thirty feet. 6. Landscaping. a. All landscaping shall comply with the city landscape guidelines manual. AJI landscaped areas shall be planted with a combination of trees, shrubs and groundcover. All landscaped areas shall be served by a permanent irrigation system including bubblers or sprinklers. Priorto approval of a building permit, each applicant shall submit a landscape and 10-9 1 irrigation plan for the approvai of the city planner. All approved improvements shall be installed priorto occupancy of the building. 2 b. All setback areas shall be planted with plant species consistent with the landscape guidelines manual. Variations in ground plane by use of undulating mounding is 3 encouraged to screen parking areas and to enhance the landscaping and building architecture. Landscaping along arterials should comply with the city's streetscaping program. 4 c. The use of decorative impervious surfaces for up to forty percent of the required yard areas for visual enhancement, pedestrian or employee recreational use may be permitted 5 through a minor site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title. 6 d. A minimum of ten percent of that portion of the site devoted to uncovered parking shall be landscaped. Landscaping shall be designed so as to offer relief from the monotony of 7 rows of parked cars, and to create an overhead canopy. A minimum of one fifteen-gallon tree per four parking stalls shall be required in the parking area. All exposed parking areas shall be 8 screened with landscaping, contouring and mounding. 7. Building Coverage. 9 a. For developments which utilize surface parking, all structures shall not cover more than fifty percent of the lot on which they are located. 10 b. For developments which include a parking structure or parking is located within or under the building it serves, the total coverage of all structures shall not exceed seventy-five 11 percent of the lot. This provision shall apply only if seventy-five percent of the required parking is located in the parking structure or within or under the building it serves. 12 8. Signs. All signs proposed in the O zone shall comply with Chapter 21.41 of this title. 13 9. Walls and Fences. A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residentially zoned property, except in the front yard where 14 the wall shall be reduced to forty-two inches in height. Walls and fences up to a height of six feet are permitted except that no wall or fence shall be erected in any front yard setback in excess of 15 forty-two inches and that all walls and fences shall observe a minimum setback of ten feet from the property line for side yard on a street. Chain link, barbed wire razor ribbon or other similar 16 fences are specifically not permitted. 10. Lighting. Extenor lighting is required for all employee and visitor parking areas, 1'7 walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way. 18 11 Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the city planner. 12. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates pursuant to city standards. 13. Loading Areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. 14. Parking Requirements. Off-street parking shall be provided pursuant to Chapter 22 21.44 ofthis title. 15. Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, ^. except as noted below: a. A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. b. The area shall be easily accessible to the employees of the building. c. The area shall be located such that a sense of privacy is apparent. 28 ,, l?j 10 d. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. e. The site size, location, landscaping and furniture required above shall be. . approved as part of the required discretionary action (tentative map, site development plan, planned unit development, etc.) required under Title 21 ofthis code. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. f. This section shall not apply to industnal/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the city planner. SECTION XXIll: That Section 21.28.030 of the Carlsbad Municipal Code is amended to read as follows: 8 21.28.030 Building height. 9 A. Except as othenA/ise provided in this section, no building in the C-2 zone shall exceed a height of thirty-five feet , and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. B. Building height above thirty-five feet may be permitted, subject to the following: 11 1. Building height up to a maximum of forty-five feet may be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: a. The project complies with the provisions of subsection B.3 of this section. 13 b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples ^ ^ or architectural towers, which may be permitted up to fifty-five feet if the decision-making authority makes the specific findings that the protruding architectural features: Do not function to provide usable fioor area; Do not accommodate and/or screen building equipment; Do not adversely impact adjacent properties; and Are necessary to ensure a building's design excellence. 1' 2. Building height above forty-five feet up to a maximum of fifty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. The project complies with the provisions of subsecfion B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed the height authorized by the decision-making authority. c. The decision-making authority finds that: 21 i. The height of the building(s) will not adversely affect surrounding properties; and ii. The building(s) will not be unduly disproportional to other buildings in the area; 22 3. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area shall be 23 maintained as landscaped open space. 24 SECTION XXIV: That Section 21.30.030 of the Cartsbad Municipal Code is 25 amended to read as follows: 26 21.30.030 Building height. 15 16 18 19 20 27 28 -12-H A. Except as othenA/ise provided in this section, no building in the C-M zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. B. Building height above thirty-five feet may be permitted subject to the following: 1. Building height up to a maximum of forty-five feet may be permitted through the approval of a minor site development plan processed in accordance with the provisions of 4 Chapter 21.06 ofthis title, provided that: a. The project complies with the provisions of subsection B.3 of this section. 5 b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples 6 or architectural towers, which may be permitted up to fifty-five feet if the decision-making authority makes the specific findings that the protruding architectural features: 7 i. Do not function to provide usable fioor area; ii. Do not accommodate and/or screen building equipment; 8 iii. Do not adversely impact adjacent properties; and iv. Are necessary to ensure a building's design excellence. 9 2. Building height above forty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 ofthis titie, 10 provided that: a. The project complies with the provisions of subsection B.3 of this section. 11 b. The allowed height protrusions as descnbed in section 21.46.020 do not exceed the height authorized by the decision-making authority. 12 c. The decision-making authority finds that: i. The height of the building(s) will not adversely affect surrounding properties; and 13 jj Jhe building(s) will not be unduly disproportional to other buildings in the area; 3. All required setbacks shall be increased at a ratio of one horizontal foot for every ^ ^ one foot of vertical construction beyond thirty-five feet. The additional setback area shall be maintained as landscaped open space. 18 19 SECTION XXV: That Section 21.30.070(5) of the Carisbad Municipal Code 15 16 17 is amended to read as follows: (5) The site size, location, landscaping and furniture required above shall be approved as part of the required discretionary action (tentative map, site development plan, planned unit development, etc.) required under Title 21 of this title. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be 20 submitted to the city planner for approval prior to the issuance of any building permits. 21 SECTION XXVI: That the list of sections in Chapter 21.31 of the Cartsbad 22 Municipal Code is amended to read as follows: 23 21.31.010 Intent and purpose. Definition: local shopping center. 74 21.31.030 Permitted uses. 25 21.31.040 Site development plan for new local shopping centers. Redeveloping, remodeling, and expanding existing shopping centers. 26 21.31.055 Projects in process. ^ Special requirements to be addressed in the site development plan. ~. Umitations on permitted uses in C-L zone. 28 ' -13- 1 21.31.080 Development standards. 21.31.090 Severability. 2 " 3 4 5 6 7 goods" in Table A of Section 21.31.030 of the Cartsbad Municipal Code is amended to read as 3 follows: SECTION XXVll: That Section 21.31.01 O.A of the Carlsbad Municipal Code is amended to read as follows: A. Implement the local shopping center (L) land use designation ofthe Cartsbad general plan; SECTION XXVlll: That the row for "Outdoor sales of seasonal agncultural Use P CUP Acc Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products) (subject to Section 21.31.060.B (see note 1, below) x 9 10 11 12 13 21 31 040 Site development plan for new local shopping centers. 14 A. A site development plan shall be required for the development of a new local shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q 15 Qualified Development Overiay Zone) of this title, as modified by this section. B. Mandatory Findings of Fact. In addition to the findings set out in Section 16 21 06 020.B (Q Qualified Development Overiay Zone—Findings), no site development plan for a local shopping center shall be approved unless the decision-making authority finds that the site, 17 either by itself or in combination with another adjoining center, will provide the normal range of goods and services to meet the everyday needs of the local neighborhood, in keeping with the 18 intent and purpose of both this zone and the local shopping center general plan designafion. For the purpose of this section, "adjoining center" means that the second shopping center either 19 abuts the subject center or is located on property immediately across a common street. 20 21 31.050 Redeveloping, remodeling, and expanding existing shopping centers. A. Except as othenA/ise provided in this section, a proposal to redevelop, remodel or 21 expand an existing local shopping center shall be processed through a site development plan or a site development plan amendment. 22 B. Where a site development plan does not exist for an existing center, a site development plan shall first be obtained pursuant to Section 21.31.040. 23 c. Where a site development plan exists, the proposal shall be processed through an amendment to the site development plan, pursuant to Section 21.54.125. 24 D. Exceptions. The following are excepted from the need to obtain an amendment to an existing site development plan or for a new site development plan for an existing center 25 that does not have one: 1. Tenant improvements; 26 2. Any one addition of new fioor area with a cumulative total, of less than one thousand square feet; 27 -14- (fe SECTION XXIX: That Sections 21.31.040 and 21.31.050 of the Carlsbad Municipal Code are amended to read as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Any non-fioor-area changes to the site design that collectively result in less than a ten-percent change to the site, as determined by the city planner. SECTION XXX: That Section 21.31.055 of the Carlsbad Municipal Code is repealed. SECTION XXXI: That Section 21.31.080 of the Carlsbad Municipal Code is amended to read as follows: 21.31.080 Development standards. A. Property Size. No site shall be included in the local shopping center zone unless all constituent properties are contiguous, planned as an integrated whole, and aggregate to a minimum of four net acres, if already developed with retail uses, or seven gross acres, if undeveloped or developed with uses other than retail. B. Building Height. 1. Except as othenA/ise provided in this section, no building in the C-L zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of forty-five feet. 2. Additional building height may be permitted to a maximum of forty-five feet through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. All required yards shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional yard area will be maintained as landscaped open space; and b. The allowed height protrusions as descnbed in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples, or architectural towers, which may be permitted up to fifty-five feet if the decision- making authority finds that the protruding architectural features: Do not function to provide usable fioor area; and Do not adversely impact adjacent properties; and ill. Are necessary to ensure a building's design excellence. C. Yards. 1. The following yards shall apply to the periphery of a local shopping center unless OthenA/ise established through a pnor site development plan approval: Site Property Line is Adjacent to Yard Depth Primary Arterial Road 20 feet Secondary Arterial Road 15 feet Non-Arterial Road 10 feet Not On A Street Frontage 10 feet 2. Protrusions into Yards. The following intrusions only may be permitted within required yards: a. Pedestrian walkways, b. Landscaping, c. Fences or walls, d. Approved areas of ingress and egress, e. Directional signs and approved monument signs, -15-"7 1 f. Public recreational facilities or outdoor eating areas as authonzed in the site development plan, 2 g. Architectural projections such as eaves, trellises, sun shades, columns, and buttresses may extend up to three feet into any yard. 3 D. Landscaping. Landscaping shall be provided pursuant to the city of Carisbad Landscape Manual and Chapter 21.44 (Parking). 4 E. Walls and Fences. 1. A solid masonry wall, six feet in height, shall be constructed along the common 5 lot line with any residentially zoned property, except that the wall shall be forty-two inches in height along that part of the common lot line that bounds the front yard of the residential 6 property. 2. Other walls and fences up to a height of six feet are permitted except that no wall 7 or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets. Chain link, barbed wire, razor nbbon or other similar fences are specifically not permitted. 8 F.' Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or 9 indirect glare to any off-site properties or public nghts-of-way. G. Roof Appurtenances. All roof appurtenances, including air conditioners, shall be 10 architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the city planner. , 11 H. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates subject to city standards. 12 I. Loading Areas and Docks. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Appropriate mitigating measures 13 shall be incorporated to assure that noise from a loading area or dock does not exceed sixty-five dB CNEL at the shopping center's property line. 14 J. Parking Requirements. Parking shall be provided subject to the provisions of Chapter21.44 ofthis title. .... 15 K. Employee Eating Areas. Outdoor eating facilities for employees of the center shall be provided, as follows, except as noted below: 16 1 A minimum of three hundred square feet of outdoor eating facilities shall be provided for each fifty thousand square feet of fioor area, or portion thereof. Credit towards the 1 ^ required amount of ftoor area will be given for centers in which two or more restaurants share a common, public eating area in a food court or for other public eating area available to all 18 patrons, comprising at least six hundred square feet. 2 The area shall be easily accessible to the employees of the local shopping 1Q center 3. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. 4. The site size, location, landscaping and furniture required above shall be approved as part of the required site development plan, or if no site development plan is required a plan ofthe eating area shall be provided to and approved by the city planner. 22 L Signs. Signage for sites in the C-L zone that are subject to a site development plan shall be implemented according to a sign program, as established by Section 21.41.060 (Sign Ordinance) of this titie. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (Sign Ordinance). 24 Recycling Areas. Where state law requires a recycling area for beverage containers to be located within the center, said recycling area shall be subject to the provisions of Chapter 21.105 of this title. The location of all recycling areas shall be set out in the site 2^ development plan and the parameters of operation shall be called out. 27 28 1. -16- u 15 16 1 SECTION XXXI!: That Section 21.32.050 of the Carlsbad Municipal Code is 2 amended to read as follows: 3 21.32.050 Building height. A. Except as othenA/ise provided in this section, no building in the M zone shall 4 exceed a height of thirty-five feet, and allowed height protrusions as descnbed in Section 21.46.020 shall not exceed a height of forty-five feet. 5 B. Building height above thirty-five feet may be permitted, subject to the following: 1. Building height up to a maximum of forty-five feet may be permitted through 6 approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: 7 a. The project complies with the provisions of subsection B.S of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed 8 a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples or architectural towers, which may be permitted up to fifty-five feet if the decision-making 9 authority makes the specific findings that the protruding architectural features: 1. Do not function to provide usable ftoor area; 10 jj Do not accommodate and/or screen building equipment; iii. Do not adversely impact adjacent properties; and 11 jv. Are necessary to ensure a building's design excellence. 2. Building height above forty-five feet may be permitted through approval of a site 12 development plan processed in accordance with the provisions of Chapter 21.06 of this titie, provided that: . r.._-1J a. The project complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions, as descnbed in Section 21.46.020, do not ^4 exceed the height authorized by the decision-making authority, 'c. The decision-making authority finds that: i The height of the building(s) will not adversely affect surrounding properties; and ii The building(s) will not be unduly disproportional to other buildings in the area; 3 All required setbacks shall be increased at a ratio of one horizontal foot for every 17 one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space. 18 SECTION XXXIll: That Section 21.32.060(5) of the Carlsbad Municipal Code 19 is amended to read as follows: 20 ^ „^ (5) The site size, location, landscaping and furniture required above shall be 21 approved as part of the required discretionary action (tentative map, site development plan, planned unit development, etc.) required under this title. 22 if no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval pnor to the issuance 23 of any building permits. 24 SECTION XXXIV: That the list of sections in Chapter 21.34 of the Carlsbad Municipal Code is amended to read as follows: ^6 21.34.010 Intent and purpose. 21.34.020 Permitted uses. 21.34.050 Minor site development plan required. 28 iQ 15 16 18 19 27 28 21 .34 070 Development standards. 21 34 080 Design critena. 21 34 090 Performance standards. 21 34 120 Final map. 21 34 130 Final planned industrial development plan 21 34 140 Certification of occupancy. 21 34 150 Maintenance. 21 34 160 Failure to maintain. SECTION XXXV: That Section 21.34.050 of the Carisbad Municipal Code is amended to read as follows: 21.34.050 Minor site development plan required. 8 A. No development in the P-M zone shall be done without first obtaining approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of 9 this title; except that notice of the application for a minor site development plan, required pursuant to Section 21.06.060 of this title, shall not be required for development in the P-M 10 zone, unless the applkiafion includes a request to exceed the permitted building height pursuant to Section 21.34.070.A of this chapter. 11 B. If the applicant contemplates the construction of the project in phases, the minor site development plan application shall so state and shall include a proposed phasing schedule. SECTION XXXVI: That Section 21.34.060 of the Cartsbad Municipal Code is 12 13 1^ repealed SECTION XXXVll: That Secfion 21.34.070 of the Cartsbad Municipal Code is amended to read as follows: 17 21.34.070 Development standards. All industnai projects shall comply with the following development standards: A. Building Height. 1. Except as othenA/ise provided in this secfion, no building in the P-M zone shall exceed a height of thirty-five feet, and allowed height protrusions as described in Section 20 21.46.020 shall not exceed a height of forty-five feet. 2. Building height above thirty-five feet may be permitted subject to the following: 21 a. Building height up to a maximum of forty-five feet may be permitted through approval of a minor site development plan processed in accordance with the provisions of 22 Chapter 21.06 of this title, provided that: i. The project complies with the provisions of subsection A.2.C of this section; and 23 ii. The allowed height protrusions as descnbed in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as fiagpoles, steeples 24 or architectural towers, which may be permitted up to fifty-five feet if the decision-making authority makes the specific findings that the protruding architectural features: 25 (A) Do not function to provide usable fioor area; (B) Do not accommodate and/or screen building equipment; 26 (C) Do not adversely impact adjacent properties; and (D) Are necessary to ensure a building's design excellence. 18- £)0 1 b. Building height above forty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, 2 provided that: i. The project complies with the provisions of subsection A.2.C of this section. 3 ii. The allowed height protrusions as described in section 21.46.020 do not exceed the height authorized by the decision-making authority. 4 iii. The decision-making authority finds that: (A) The height of the building(s) will not adversely affect surrounding properties; and 5 (B) The building(s) will not be unduly disproportional to other buildings in the area; c. All required setbacks shall be increased at a ratio of one horizontal foot for every 6 one foot of vertical construction beyond thirty-five feet. The additional setback area shall be maintained as landscaped open space. 7 B. Setbacks. 1 Front Yard and Side Street Yard on Prime, Major and Secondary Streets. Every 8 lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary street shall have a minimum setback of fifty feet. This setback shall be measured 9 from the right-of-way line. This setback shall be entirely landscaped and irrigated; however, upon approval of the city planner, the landscaped portion of the setback may be reduced to 10 thirty-five feet to accommodate a driveway along the portion of the setback farthest from the right-of-way or private street. Any dnveway within the front yard setback shall be screened from 11 the public or private street by a mixture of mounding and landscaping to the satisfaction of the city planner. , , • . x r- 12 2 Front Yard and Street Side Yard on Collector, Local and Pnvate Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private 13 street shall have an average setback of thirty-five feet; however, the setback shall not be less than twenty-five feet. This setback shall be entirely landscaped and irrigated and shall be 14 measured from the right-of-way line or, in the case of a private street, from the curb line. 3. Side Yard—Interior. All intenor side yards shall have a minimum setback of ten 15 feet which shall be entirely landscaped and irngated. . u- u * 4 Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at 16 least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. 5 Walls and Fences. A wall or fence located in any part of a required setback area 17 shall not exceed six feet in height. A wall or fence located in any required front setback or side street area shall not exceed thirty-six inches in height. 18 Q Landscaping in Parking Areas. A minimum of ten percent of the required parking area inclusive of driveways, shall be landscaped subject to the approval of the city planner. ^ ^ Landscaping in the building setback areas shall not count towards meeting this requirement. 7 Minimum Lot Area. Except for developments proposed as condominiums or 20 planned unit developments, each lot shall have a minimum lot area of one acre. However, the decision-making authority for the subdivision map may permit a reduction in the minimum lot 2^ area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned project requiring a minor site development plan pursuant to this 22 chapter and that the reduction of the lot area does not create adverse impacts to surrounding properties. .... . . u n 2J 8 Lot Coverage. All buildings, including accessory building structures, shall cover not more than fifty percent ofthe area of a lot. Open parking areas shall not be counted in determining lot coverage. • . •• 9 Private Streets. Private streets may be permitted within a project requinng a minor site development plan pursuant to this chapter provided their width and geometric design are related to the function, topography and needs of the development, and their structural design pavement and construction comply with the requirement of the city's street improvement standards and further provided thatthe permit is processed concurrently with a subdivision map. 27 28 -19- 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 The width of private streets shall not be less than the minimum standards ofthis subsection. Pavement between curbs of private streets shall not be less than the following: Type of Street Minimum Width Curb to Curb 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52 feet C. Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below: 1. A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. 2. The area shall be easily accessible to the employees of the building. , 3. The area shall be located such that a sense of pnvacy is apparent. 4. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. 5. The site size, location, landscaping and furniture required above shall be approved as part of the required minor site development plan required underthis title. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. ...... ^ -^u- 6. This section shall not apply to industrial/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the city planner. repealed. SECTION XXXVlll: That Section 21.34.110 of the Carlsbad Municipal Code is SECTION XXXIX: That Section 21.34.130 of the Carisbad Municipal Code is amended to read as follows: 21.34.130 Final planned industnai development plan. A. For applications that have filed a parcel map or tentative map concurrent with a minor site development plan required pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the recordation of the final map. B. For applications that have not filed a parcel map or tentative map concurrent with a minor site development plan required pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the issuance of any building permits. C. The final planned industnai development plan shall refiect all required revisions and refinements. The final planned industrial development plan shall include: 1 Improvement plans for pnvate streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas, The plan shall include any off-site 28 -20- 1 work necessary for proper access, or for the proper operation of water, sewerage or drainage system; 2 2. A final grading plan; 3. Final elevation plans; ^ 4. A final landscaping plan including methods of soil preparation, plant types, sizes and location, and irrigation system plans showing location, dimensions and types; and 5. A plan for lighting of streets, driveways and parking areas. 5 D. Where a development requiring a minor site development plan pursuant to this chapter contains any land or improvements proposed to be held in common ownership, the 6 applicant shall submit a declaration of covenants, conditions and restrictions with the final planned industnai development plan. Such declaration shall set forth provisions for maintenance 7 of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney. E. A final planned industrial development plan may be submitted for a portion of the 9 development, provided the city planner approves the construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The 10 plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. 11 F. The city planner shall review the plan for conformity to the requirements of this chapter and the minor site development plan. If the city planner finds the plan to be in substanfial conformance with all such requirements, the city planner shall approve the plan. SECTION XL: That Section 21.34.140 of the Carlsbad Municipal Code is 14 25 26 amended to read as follows: 21.34.140 Certification of occupancy. 15 1 /: A certification of occupancy shall not be issued for any structure requiring a minor site 17 development plan pursuant to this chapter until all improvements required by the minor site i; 19 SECTION XLl: That Section 21.34.160(g) ofthe Carlsbad Municipal Code 20 is amended to read as follows 21 (g) A list of assessments as finally confirmed by the city council shall be sent to the city treasurer for collection. If any assessment is not paid within ten days after its confirmation 22 by the city council, the city clerk shall cause to be filed in the office of the county recorder a notice of lien, substantially in the following form: 23 NOTICE OF LIEN '^^ Pursuant to Chapter 21.34, Title 21, of the Carisbad Municipal Code (Ordinance No. 9693), the City of Carisbad did on the day of , 20 , cause maintenance and repair work to be done in the Planned Industrial Development project known as which was constructed under the Minor Site Development Plan No. , for the purpose of abating a public nuisance and enforcing compliance with the terms of said minor site 97 development plan, and the Council of the City of Carisbad did on the day of ^' 20 , by its Resolution No. assess the cost or 28 -21 1 portion of the cost thereof upon the rear property hereinafter described, and the same has not been paid nor any part thereof, and the City of Cartsbad does hereby claim a lien upon said real 2 property until the same sum with interest thereon at the m.aximum rate allowed by law from the date ofthe recordation ofthis instrument has been paid in full and discharged of record. The 3 real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Cartsbad, County of San Diego, State of California, particularty 4 described as follows: (Description of Property) Dated this day of , 20. City Clerk, City of Cartsbad SECTION XLIl: Thatthe list of sections in Chapter 21.35 ofthe Cartsbad Municipal Code is amended to read as follows: 5 6 7 8 9 .. Intent and purpose. 10 21.35.015 Village redevelopment plan expiration. ncorporation of village master plan and design manual by reference. 11 21.35.030 Land affected by this chapter. Permitted uses. 12 21.35.050 Provisional uses. General regulations. 13 21.35.070 Village review permit. Village review projects. 14 21.35.085 Application and fees. Notices and hearings. 15 21.35.090 Decision-making authority. Announcement of decision and findings of fact. 16 21.35.110 Effective date and appeals. Expiration, extensions and amendments for village review permits. 17 21.35.120 Findings of fact. 21.35.130 Variances. 18 21.35.140 Compliance with other provisions of this code. 21 35 150 Amendments to the village master plan and design manual. 19 • • 20 21 22 23 24 25 SECTION XLIll: That Section 21.35.070 of the Carlsbad Municipal Code is amended to read as follows: 21.35.070 Village review permit. Unless specifically exempt pursuantto Section 21.35.080 ofthis chapter, no building permit or other entitlement shall be issued for any development or use in the V-R zone unless there is a valid village review permit approved for the property. SECTION XLIV: That Section 21.35.080 of the Carisbad Municipal Code is 26 amended to read as follows: 27 28 -22- O'^ 1 (a) Exempt Projects. No village review permit shall be required for an exempt project. An exempt project is one which is exempt from the requirement to obtain a coastal 2 development permit in accordance with Section 21.201.060; and requires no village review permit or other discretionary approvals, and includes but is not limited to: 3 (1) Intenor or extenor improvements to existing structures which do not result in the intensity of use of a structure; and/or 4 (2) Additions to existing structures which result in a cumulative increase of less than ten percent of the internal ftoor area; and/or 5 (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 6 problems; and/or (4) Landscaping on the lot unless it will result in erosion or damage to sensitive 7 habitat; and/or (5) Repair or maintenance activities which are exempt from a coastal development 8 permit; and/or (6) Activities of public utilities regulated by a government agency; and/or 9 (7) A project that requires no variance of any type; and/or (8) Demolition of a structure outside the Village Segment of the Carisbad Coastal 10 Zone, provided that said demolition has no potential to create an adverse impact on coastal resources and/or access to the coast. 11 (b) Nonexempt Projects. There are three types of village review permits required for nonexempt projects. One permit for each type of development project described as follows: 12 (1) Administrative Village Review Project. An administrative village review permit shall be required for projects that: 1) result in minor new construction and/or a change in a 13 development which requires no other discretionary approvals, except a minor variance within the authority of the city planner, and 2) include, but are not limited to: 14 (A) New construction of building(s) or addition(s) to the building footpnnt with an estimated permit value of less than sixty thousand dollars; and/or 15 (B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or • + 16 (C) Provisional land uses, where a minor or major village review permit is not . required; and/or ^ Ar^-r 17 (D) Changes in permitted land uses which result in site changes, increased AD I, increased parking requirements, or result in compatibility issues/problems; and/or 18 (E) Signs for existing businesses or facilities; and/or (F) Repair or maintenance activities which are not exempt projects; and/or 19 Demolition of a structure within the Village Segment of the Carisbad Coastal Zone provided that said demolition has no potential to create an adverse impact on coastal 20 resources and/or public access to the coast; and does not include any overnight accommodations. • • • 21 (2) Minor Village Review Project. A minor village review permit is required tor projects that do not qualify as an administrative village review project and/or involve new 22 construction with an estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. . • 2-^ Major Village Review Project. A major viiiage review permit is required tor projects that do not qualify as an administrative or minor village review project and/or involve new construction with an estimated permit value of one hundred fifty thousand dollars or more. 2^ SECTION XLV: That Section 21.35.085 of the Cartsbad Municipal Code is 26 . X M amended to read as follows: 27 21.35.085 Application and fees. 2^ -23- ^5 A. An application for an administrative, minor or major village review permit may be made by the owner of the property affected or . the authorized agent of the owner. The application shall: 1. Be made in wnting on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and 4 3. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner. 5 B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 6 C. 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 7 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 8 the powers vested in the city as represented by the planning commission and the city council. SECTION XLVI: That Section 21.35.087 is added to the Carisbad Municipal 10 Code as follows: 11 21.35.087 Notices and hearings. A. No public notice or hearing shall be required for an application for an ^2 administrative village review permit. B. Notice of an application for a minor or major village review permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. 14 SECTION XLVII: That Sections 21.35.090 through 21:35.115 of the Carlsbad ^ ^ Municipal Code are amended to read as follows: 21.35.090 Decision-making authority. . 7 A. Exemption determination. ^ ^ 1 After the application has been accepted as complete, the city planner shall determine ifthe project is exempt from the requirements ofthis chapter pursuant to Section 21.35.080. No permit shall be required for a project which is exempt from, the requirements of 1Q this chapter. The city planner shall: a. Determine the exemption based on the certified local coastal program, including 20 maps, categorical exclusions and other exemptions, land use designations, zoning ordinances and the village master plan and design manual. In granting an exemption, the city planner may 21 impose such conditions as are necessary to protect the public health, safety and welfare. b. Inform the applicant whether the project, is exempt within ten calendar days of the 22 determination that the application is complete. c. Maintain a record of all determinations made on projects exempt from the 23 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 24 project. The record shall also include the reason for exemption. B. Applications for administrative, minor and major village review permits shall be 25 acted upon in accordance with the following: 1. Administrative village review permits 26 a. An application for an administrative village review permit may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as 27 set forth in the application, and of the circumstances of the particular case. 28 -24- 1 b. The city planner may approve or condifionally approve an administrative village review permit if all ofthe findings of fact in Section 21.35.120 ofthis chapter are found to exist. 2 2. Minor village review permits a. An application for a minor village review permit may be approved, conditionally 3 approved or denied by the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the 4 public hearing. b. The planning commission shall hear the matter, and may approve or conditionally 5 approve the minor village review permit if all of the findings of fact in Section 21.35.120 of this title are found to exist. 6 3. Major village review permits a. An application for a major village review permit may be approved, conditionally 7 approved or denied by the city council based upon its review of the facts as set forth in the application, ofthe circumstances of the particular case, and evidence presented at the public hearing. b. Before the city council decision, the planning commission shall hear and consider 9 the application for a major village review permit and shall prepare a recommendation and findings for the city council. 10 0. The city council shall hear the matter, and may approve or conditionally approve the major village review permit if all of the findings of fact in Section 21.35.120 of this titie are 11 found to exist. 12 21.35.100 Announcement of decision and findings of fact. A. When a decision on an administrative, minor or major village review permit is 13 made pursuant to this chapter, the decision-making authority shall announce its decision in writinq in accordance with the provisions of Section 21.54.120 of this titie. 14 21.35.110 Effective date and appeals. 15 A. City planner decisions shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this code. 16 B. Planning commission decisions shall become effective unless appealed in accordance with the provisions of Section 21.54.150 ofthis titie. 17 c. City council decisions are final, conclusive and shall be effective upon the date specified in the announcement of decision. 18 21.35.115 Expirafion, extensions and amendments for village review permits. 19 A. The expiration period for an approved administrative, minor or major village review permit shall be as specified in Section 21.58.030 ofthis titie. B. The expiration period for an approved administrative minor or major village review permit may be extended pursuant to Section 21.58.040 of this title. 21 C. An approved administrative, minor or major village review permit may be amended pursuant to the provisions of Section 21.54.125 ofthis titie. 20 SECTION XLVIll: That Section 21.35.117 of the Carlsbad Municipal Code is 22 23 24 repealed 25 SECTION XLIX: That Sections 21.35.120 and 21.35.130 ofthe Carlsbad 26 Municipal Code are amended to read as follows 27 21.35.120 Findings of fact. 28 -25- 15 17 18 20 A. No determination br decision shall be made pursuant to this chapter unless the decision-making authority finds, in addition to any other findings othenA/ise required for the project, that the project is consistent with this code, the general plan, and the village master plan and design manual. 21.35.130 Variances. 4 A. An application for a vanance within the V-R Zone shall be processed in accordance with the provisions of Chapter 21.50 of this title. SECTION L: That Section 21.35.150 of the Cartsbad Municipal Code is amended to read as follows: 5 6 7 21.35.150 Amendments to the village master plan and design manual 8 Amendments to the village master plan and design manual shall be deemed to be amendments to this chapter; provided, however, that such amendments are processed and 9 noficed in a manner which meets the requirements of Chapter 21.52 of this code. Amendment of the village master plan and design manual by city council resolution, with a recommendation 10 from the planning commission shall be deemed to satisfy the requirements of Chapter 21.52 of this code, provided all other requirements are met. 11 12 13 SECTION Ll: That the list of sections in Chapter 21.37 of the Carisbad Municipal Code is amended to read as follows: 21.37.010 Intent and purpose. 21.37.020 Permitted uses. 21.37.030 Permit required. 21.37.040 Application and fees. 21.37.050 Decision-making authority. 21.37.060 Announcement of decision and findings of fact. 21.37.070 Effective date. 21.37.075 Extensions, expiration and amendments. 21.37.080 Final mobile home park plan. 21.37.090 Design critena. 19 21.37.100 Development standards. 21.37.110 Removal of mobile home park zone. 21.37.120 Conversion. 21.37.130 Waiver of tentative and final map for mobile home park conversions. 21 21.37.140 Severability. 22 SECTION LII: That Sections 21.37.040 through 21.37.070 of the Carisbad 23 Municipal Code are amended to read as follows: 24 21 37.040 Application and fees. A. An application for a mobile home park permit may be made by the owner of the 25 property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 26 2. State fully the circumstances and conditions relied upon as grounds for the application; and 27 3. Be accompanied by: 28 -Z.0- 1 i. A legal description of the property involved. ii. Adequate plans, which include a development plan showing the location of all 2 mobile home lots and accessory buildings, a landscape plan and a grading plan including cross- sections of any proposed grading. 3 iii. All other materials as specified by the city planner. 4. If the applicant contemplates the construction of a mobile home park in phases, 4 the application shall so state and shall include a proposed construction schedule; 5. If the project is to provide open areas and recreational facilities to be used by the 5 occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common 6 elements of the property; and 6. If the proposed park will be a condominium or planned unit development, a 7 tentative map prepared according to the requirements of Chapter 20.12 of this code shall be filed at the time of the application for the mobile home park. No tentative map for a mobile home 8 condominium or planned unit development shall be approved unless a mobile home park permit has first been approved. A tentative map for a mobile home condominium or planned unit 9 development shall not be deemed submitted for approval until the date of the first planning commission hearing on the permits. 10 B. At the fime of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 11 21.37.050 Decision-making authority. 12 A. An application for a mobile home park permit may be approved, conditionally approved or denied by the cjty council based upon its review of the facts as set forth in the 13 application, of the circumstances of the particular case, and evidence presented at the public hearing. „ ^ 14 B. Before the city council decision, the planning commission shall hear and consider the application for a mobile home park permit and shall prepare a recommendation and findings 15 for the city council. The action of the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 16 C The city council shall hear the matter, and may approve or conditionally approve the mobile home park permit if it finds that the design and improvement of the project are 17 consistent with the development standards and design criteria established by this chapter. 18 21.37.060 Announcement of decision and findings of fact. A. When a decision on a mobile home park permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the 2^ provisions of Section 21.54.120 of this code. 21 37.070 Effective date. 21 A. The decision of the city council on a mobile home park permit is final, conclusive 22 and shall be effective upon the date specified in the announcement of decision. 23 24 Code as follows: 9S 21 37 075 Expiration and extensions and amendments. A. The expiration period for an approved mobile home park permit shall be as 9A specified in Section 21.58.030 of this title. B. The expiration period for an approved mobile home park permit may be extended 97 pursuant to Section 21.58.040 of this title. C. An approved mobile home park permit may be amended pursuant to the 28 _27. .pq SECTION Llll: That Section 21.37.075 is added to the Carisbad Municipal 1 provisions of Section 21.54.125 of this title. 2 SECTION LIV: That the list of sections in Chapter 21.38 of the Carlsbad 3 Municipal Code is amended to read as follows: 4 21.38.010 Intent and purpose. Permitted uses and structures. 5 21.38.021 Community facilities sites required. Second dwelling units. 6 21.38.030 General provisions. Master plan required. 7 21.38.050 Application and fees. Contents of master plan. Notices and heanngs. Decision-making authority. 9 21.38.090 Findings of fact. Effective date and appeals. 10 21.38.110 Reserved. Amendment of master plan. 11 21.38.130 Implementation of master plan. 21.38.140 Additional standards. 12 21.38.141 Additional standards—Rancho La Costa, Batiquitos Lagoon Watershed. Undeveloped areas of existing planned communities. 13 14 15 16 17 18 20 SECTION LV: That Section 21.38.050 of the Carisbad Municipal Code is amended to read as follows: 21.38.050 Application and fees. A. Prefiling procedure. 1. Prior to filing an application for a master plan, an applicant may prefile the proposal with the city planner for review. 2. The city planner shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This procedure may involve a review of the IQ general outline of the proposal. 3. After review, the city planner shall provide the applicant with written comments, including recommendations as appropriate to inform and assist the applicant prior to the applicant's formal application. 21 B. Master Plan Application. 1. An application for a master plan and all related amendments may be made by 22 the owner of the property affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided by the city planner; 23 b. State fully the circumstances and conditions relied upon as grounds for the application; and 24 c. Be accompanied by a preliminary master plan graphic and text, open area plan and sign program, a legal description of the property involved and all other materials as 25 specified by the city planner. C. At the time of filing a preliminary application or a master plan application, the 26 applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 27 " -28- 3- 1 SECTION LVI: That Section 21.38.060(B) of the Cartsbad Municipal Code 2 is amended to read as follows: 3 (B) Location of the various land uses shall be indicated by the use of zone designations of development zones and overiay zones as provided in this title. Development of 4 property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically modified as a part ofthe master plan approval. All master plans shall 5 allow a maximum building height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided for single- 6 family and duplex projects on lots with a lot area less than twenty thousand square feet in size. Lots with a lot area of twenty thousand square feet or greater and zoned R-1 and specifying a 7 20 or greater area zoning symbol by the master plan may have a building height limit of thirty- five feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may 8 impose a lower building height limit than those stated in this section in its development standards. Neighborhood commercial uses within a master plan shall conform to Section 9 21.26.030 ofthe C-1 zone. Tourist-onented commercial uses within a master plan shall conform to Section 21.29.060 of the C-T zone. All other commercial uses within a master plan shall 10 conform to the building height regulations contained in Section 21.28.030 of the C-2 zone. All industrial uses within a master plan shall conform to the building height regulations as contained 11 in Section 21.34.070.A of the P-M zone. Office uses shall conform to Section 21.27.050.A.3 of the O zone. 12 13 14 18 19 20 21 SECTION LVIl: That Sections 21.38.070 through 21.38.120 of the Carlsbad Municipal Code are amended to read as follows: 21 38.070 Notices and hearings. 1 ^ A. Notice of an application for a master plan shall be given pursuant to the 1^ provisions of Sections 21.54.060.A and 21.54.061 ofthis title. 17 21 38.080 Decision-making authority. ^' A. An application for a master plan, may, by ordinance, be approved, conditionally approved or denied by the city council. 1 Before the city council decision, the planning commission shall hear and consider the application for a master plan and shall prepare a recommendation and findings for the city council including all matters set out in Section 21.38.090 of this chapter. The action of the planning, commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. ^ . , . r- _i- ^ 2. The city council shall hear the matter, and after considenng the findings and recommendations of the planning commission, may by ordinance approve or conditionally 22 approve the master plan if, from the evidence presented at the heanng, all of the findings of fact in Section 21.38.090 of this chapter are found to exist. 23 3. The city council may make substantial modifications to the planning commission's recommendation on a proposed master plan, including modifications not 24 previously considered by the planning commission. The city council, in its discretion, may refer said modifications back to the Planning Commission for recommendation. 25 21 38.090 Findings of fact. 25 A. The city council shall not approve or conditionally approve a master plan unless all of the following facts exist: 27 " 28 _9Q_ '21 1 1. The proposed development as descnbed by the master plan is consistent with the provisions ofthe general plan and any applicable specific plans. 2 2. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital 3 improvement program applicable to the subject property. 3. The residential and open space portions of the community will constitute an 4 environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for 5 public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. 6 4. The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as 7 to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title. 8 5. In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse 9 effects from such development. 6. The streets and thoroughfares proposed are suitable and adequate to carry the 10 anticipated traffic thereon. 7. Any proposed commercial development can be justified economically at the 11 location proposed and will provide adequate commercial facilities of the types needed at such location proposed. _, ^ • 12 8. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. 13 9. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project. 14 21 38 100 Effective date and appeals. 15 A. The decision of the city council is final, conclusive and shall be effective upon the date specified in the announcement of decision. 16 21 38.110 Reserved. 17 21.38.120 Amendment of master plan. 18 A. An approved master plan may be amended pursuant to the following: 1. An applieation to amend a master plan shall be submitted in accordance with 19 Section 21.38.050 of this chapter, or may be initiated by city council motion. 2. Minor master plan amendments. 20 a Master plan amendments, which are determined by the city planner to be minor in nature, may be approved, conditionally approved or denied by the planning commission at a 2^ public hearing noticed in accordance with Chapter 21.54 of this title. i. A minor amendment shall not change the densities or boundaries of the subject 22 property, or involve an addition of a new use or group of uses not shown on the original master plan, or the rearrangement of uses within the master plan. 23 ' 3 Master plan amendments. a. Master plan amendments that are not minor in nature shall be processed in accordance with Section 21.54.125 ofthis title. 2^ SECTION LVlll: That the list of sections in Chapter 21.40 of the Cartsbad 26 27 Municipal Code is amended to read as follows: 21.40.010 Intent and purpose. 28 on -30- 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 22 23 24 25 26 27 28 21 .40 020 Application. 21 .40 030 Permitted uses and structures. 21 .40 040 Special use permit. 21 .40 045 Scenic corridors. 21 .40 050 Exceptions. 21 .40 060 Application and fees. 21 .40 070 • Notices and hearings. 21 .40 080 Decision-making authority. 21 .40 085 Findings of fact and decision considerations. 21 .40 090 Announcement of decision and findings of fact. 21 .40 095 Effective date and appeals. 21 .40 100 Expiration, extensions and amendments. 21 .40 110 Development standards. 21 .40 115 Scenic corridor development guidelines. 21 .40 117 Contents of scenic corndor guidelines. 21 .40 120 Conditions. 21 .40 130 Reserved. 21 .40 135 Coastal zone restrictions. SECTION LIX: That Section 21.40.040 of the Carisbad Municipal Code is amended to read as follows: 21.40.040 Special use permit. Unless specifically exempted from the requirements ofthis chapter, no building permit or other entitiement shall be issued for any development or use in the S-P zone unless there is a valid special use permit approved for the property. SECTION LX: That Sections 21.40.050 through 21.40.080 of the Cartsbad Municipal Code are amended to read as follows: 21.40.050 Exceptions. The following uses are excepted from the special use permit requirements: (1) Development of one single-family dwelling unit on a parcel of record as of May 2, 1974' (2) Minor modification or alteration of existing structures or buildings which involves 20 new land coverage of less than two hundred square feet and does not increase the height of the existing structure; r • * * *u * (3) Jhe repair or reconstruction of an exisfing nonconforming structure that is destroyed by fire or other disaster to no more than fifty percent of the structure's original value. 21 40.060 Application and fees. A. An application for a special use permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and . • i ^ 3. Be accompanied by adequate plans, a legal descnption of the property involved and all other materials as specified by the city planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. -3T 1 21.40.070 Notices and hearings. 2 A. Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 ofthis title. 3 21.40.080 Decision-making authority. 4 A. Applications for a special use permit shall be acted upon in accordance with the following: 5 1. An application for a special use permit may be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the 6 application, of the circumstances of the particular case, and evidence presented at the public hearing. • „ 7 2. The planning commission shall hear the matter, and may approve, conditionally approve, or deny the special use permit if all of the findings of fact in Section 21.40.085 of this 8 title are found to exist. 9 SECTION LXl: That Secfion 21.40.085 is added to the Carisbad Municipal 10 Code as follows: 11 21.40.085 Findings of fact and decision considerafions. A. Findings of fact. 12 1. The decision-making authority shall not issue a special use permit unless it is found that: 13 a. The project is consistent with the purposes of this chapter and all other applicable requirements of this code; 14 b. The project is consistent with the general plan, local coastal program, and applicable master or specific plans; 15 c. The project will not adversely affect the scenic, histoncal or cultural qualities of the property. 16 B. Decision considerafions. 1. When making a decision on a special use permit, the decision-making authority 17 may impose specific development standards in accordance with Section 21.40.110 and shall consider the following factors: 18 a. When the S-P scenic preservation overiay zone is applied to protect something worth looking at, i.e., a landmark, a civic center, a mountain or an area bounding the main ^9 entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity. . 20 h. When the S-P scenic preservation overiay zone is applied to an area from which there is an outstanding view, i.e., a scenic corridor, the development standards ofthe proposed 2^ use should deal with maintaining those views as much as possible. c. Special consideration should be given to preserving the following: 22 j Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief in the form of natural contrast to the city; 23 jj Open space areas which assist in defining neighborhood, distnct and city identity; iii. Unique topographical features or natural rock outcroppings and other notable landmarks; iv. Areas of significant historical value; V. Prime vista sites; vi. Scenic and historical corridors. 26 27 28 -32- 1 SECTION LXll: That Secfion 21.40.090 ofthe Carlsbad Municipal Code is 2 amended to read as follows: 3 21.40.090 Announcement of decision and findings of fact. 4 When a decision on a special use permit is made pursuant to this chapter, the decision- making authority shall announce its decision in wrifing in accordance with the provisions of 5 Section 21.54.120 ofthis title. • 6 SECTION LXlll: That Section 21.40.095 is added to the Carisbad Municipal 7 Code as follows: 8 21 40 095 Effective date and appeals. A. Decisions on special use permits shall become effective unless appealed in 9 accordance with the provisions of Section 21.54.150 ofthis title. 10 SECTION LXIV: That Section 21.40.100 ofthe Cartsbad Municipal Code is 11 amended to read as follows: 12 21 40 100 Expiration, extensions and amendments. A. The expiration period for an approved special use permit shall be as specified in 13 Section 21.58.030 ofthis title. u * ^ B. The expiration period for an approved special use permit may be extended 14 pursuant to Section 21.58.040 ofthis title. C. An approved special use permit may be amended pursuant to the provisions of 15 Section 21.54.125 of this title. 16 SECTION LXV: That Section 21.40.130 ofthe Carlsbad Municipal Code is 17 amended to read as follows: 18 21.40.130 Reserved. 19 SECTION LXVl: That Secfion 21.40.140 of the Carisbad Municipal Code is ^ repealed. 21 SECTION LXVII: That the list of secfions in Chapter 21.41 of the Carlsbad 22 Municipal Code is amended to read as follows: 2-^ 21.41.005 Purpose. 21.41.010 Applicability. 21.41.020 Definitions. ^,.-T,.w^w General provisions. 21.41.030 Prohibited signs. 21 .41 005 21 .41 010 21 .41 .020 21 .41 .025 21 .41 .030 21 .41 .040 21 .41 050 21 .41 .060 21 .41 .070 ^ ..-T ,.w-Tw Signs on private property not requiring a sign permit. 21.41.050 Application and permit procedures. 97 21.41.060 Sign programs. 21.41.070 General sign standards. 2« -33- 3S 1 21 .41 080 Sign design standards. 21 .41 090 Coastal zone sign standards. 2 21 .41 095 Permitted permanent signs. 21 .41 100 Permitted temporary signs. 3 21 .41 110 Construction and maintenance 21 .41 120 Removal of signs. 4 21 .41 125 Appeal of permit revocation or sign remova 21 .41 130 Nonconforming signs. 5 21 .41 140 Remedies and penalties. 21 .41 150 Violations. 6 21 .41 160 Severability. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION LXVlll: That Sections 21.41.050 and 21.41.060 of the Carlsbad Municipal Code are amended to read as follows: 21.41.050 Application and permit procedures. A. Sign Permit Required. It shall be unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions of this section, unless the sign is exempt from the permit requirement under Section21.41.040. 1. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. 2. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properiy permitted sign. B. Application and fees. An application for a sign permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and 3. Be accompanied by adequate plans and all other materials as specified by the city planner, including the following: a. A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. b. A site plan, including all dimensions, drawn to scale indicafing the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. c. The number, size, type and location of all existing signs on the same building, lot or premises. d. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. 4. At the time of filing the application, the applicant shall pay the sign permit and plan checking fee (if applicable) contained in the most recent fee schedule adopted by the city council. C. Decision-making authority. An application for a sign permit may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. -34- '3^^ 1 1. The decision-making authority shall act on the sign permit within fifteen days after receiving a complete sign permit application. 2 2. The decision-making authority shall approve or conditionally approve the sign permit if all of the findings of fact in subsection D of this section are found to exist. 3 3. If condifions are applied to the permit, they shall be limited to requiring compliance with this chapter. 4 D Findings of fact. The purpose of a sign permit is to ensure compliance with the provisions ofthis chapter and the relevant building and electrical codes. The applicafion shall be 5 approved and the permit issued if the decision-making authority finds: 1. The proposed sign conforms to all size, height and other standards for signs 6 subject to a permit requirement, as such requirements are set forth in this chapter. 2 The proposed sign is consistent with any applicable sign program. 7 3^ The proposed sign conforms to the construction standards of the latest adopted building and electrical codes. « *• 8 E. Effective date and appeals. Decisions on sign permits shall become effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title. 9 F Expiration, extensions and amendments. 1. If the-work authorized under a sign permit has not been completed within six 10 months after the date of issuance, such permit shall become null and void. • ^ 2. The expiration period for an approved sign permit may be extended by the 11 decision-making authority for one six month period provided that: , ' a. The permit remains consistent with the standards and requirements of Chapter 12 21 41 in place at the time the extension is considered. b. Circumstances have not substantially changed since the permit or approval was 13 oriqinally qranted. . • r o *• 3. An approved sign permit may be amended pursuant to the provisions of Section 14 21.54.125 of this title. 15 21 41.060 Sign programs. . . A Purpose The purpose of a sign program is to integrate signs with building, site 16 and landscaping design to form a unified architectural statement. Sign programs may not Lperse^^^^^^^^^ dimensional and number limits provided in Tables "A," "B" and "C" of Sections 17 21 41 040 21 41 095 and 21.41.100, respectively. All sign programs must incorporate the substitufion provisions ofthis chapter, Secfion 21.41.025(2). Sign program design standards do 18 not apply to noncommercial messages and substitution of noncommercial messages is subject to owner's consent. • . x * 19 B Applicability. A sign permit for a sign program shall be required for: (1) master Plans (2) specific plans, (3) nonresidential projects requiring a site development plan processed 20 pursuant to Chapter 21.06 of this code and (4) planned industrial or office parks of greater than twenty-five acres in area. . „ i_ • ^ * 21 For those projects requiring a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program for the lot or building on whiph the sign is 22 proposed to be erected has been approved by the city in conformance with this chapter. ^ C Application and fees. An application for a sign program may be made by the 2^ owner of the property affected or the authorized agent of the owner. The application shall: 1 Be made in writing on a form provided by the city planner; 24 2. State fully the circumstances and condifions relied upon as grounds for the 25 apphcatKDn, and ^ accompanied by adequate plans and all other materials as specified by the city planner, including the following: - 2o ' a A copy of an approved development plan (master plan, specific plan or site 27 development plan) drawn to scale showing the location of property lines, nghts-of-way, adjacent 28 .35- . 3^ 1 streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points. 2 b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and 3 location of each sign on any building, structure or property. c. Computafion of the total number of signs, sign area for individual signs, total sign 4 area and height of signs for each existing and proposed sign type. d. A materials board or sign sample that is an accurate representation of proposed 5 colors, matenal and style of copy. e. The number, size, type and location of all existing signs on the same building, lot 6 or premises. 4. At the fime of filing the application, the applicant shall pay the application fee 7 contained in the most recent fee schedule adopted by the city council. D. Decision-making authority. An application for a sign program may be approved, 8 conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. 9 1. The decision-making authority shall act on the sign program within thirty days after receiving a complete application. 10 2. The decision-making authority shall approve or conditionally approve the sign program if all of the findings of Section 21.41.050.D of this titie are found to exist. 11 E. Existing Sign Programs. Existing sign programs approved prior to the effective date of this chapter are subject only to the substitution provision of this chapter; all other terms 12 of the existing sign program shall continue in force. However, if any existing sign program is proposed for amendment to increase overall sign area, then the sign program must be amended 13 to conform to all development and design standards of this chapter. F. Effective date and appeals. Decisions on sign programs shall become effective 14 unless appealed in accordance with the provisions of Section 21.54.140 ofthis title. G. Expiration and amendments. 15 1. An approved sign program shall not expire unless othenA/ise stated in the sign program or other document provided by the decision-making authonty. 16 2. An approved sign program may be amended pursuant to the provisions of Section 21.54.125 ofthis title. 17 H Binding Effect. After approval of a sign program, all signs subject thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program. SECTION LXIX: That Sections 21.41.120 and 21.41.125 of the Carlsbad Municipal Code are amended to read as follows: 21 41.120 Permit revocation and removal of signs. A. Revocation of Permit. The city planner or designee shall revoke any issued permit upon refusal of the holder thereof to comply with the provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. B. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and National Electric Code standards, or installed or placed in the public right-of-way or on public property contrary to the city council's policy, may be removed by any officer or employee of the city designated to do so by the city planner without prior notice. Alternatively, the city planner may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance. C. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge ofthe sign upon written notice by the city planner Such written notice shall specify the nature of the violation, order the cessation thereof 1 and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. 2 D. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for 3 temporary signs. E. Within ten days of the mailing of the notice, the permittee, owner or person in 4 charge of the sign may request a hearing before the city planner to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and 5 received by the city within the ten days after mailing of notice. F. Upon receipt of a written request for a hearing, the city planner shall schedule a 6 hearing and send a written notice by first class mail of the time, place and date for the hearing, which shall be no later than thirty days after the date of receipt of the written request, unless the 7 party responsible for the sign requests a later hearing date. The time for compliance with the onginal order shall be stayed during the pendency of the hearing. The community and economic development director will notify the appellant ofthe decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of 9 decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the onginal 10 notice. . • ^ i I I G Whenever the permittee, owner or person in charge of the sign fails to comply 11 with an order of the community and economic development director requiring compliance with this chapter any expense of such inaction shall be charged to the permittee, owner or person in 12 charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay 13 such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. 14 H Every person billed may request a hearing regarding the accuracy of the amount billed Following the hearing, the city planner shall, within ten days of the conclusion ofthe 15 hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. 16 Nonpayment becomes a lien on the property. 17 21 41 125 Appeal of permit revocafion or sign removal. ' A Any person seeking to appeal a decision of the city planner in revoking a sign permit or ordering the removal of a sign, must file a written notice of appeal in accordance with the provisions of Secfion 21.54.140 ofthis titie. 18 19 20 21 25 26 27 SECTION LXX: That the list of sections in Chapter 21.42 of the Carisbad Municipal Code is amended to read as follows: 22 21.42.010 Purpose. ««« Reserved. 9^ ^in^.u^v Findings of fact. 21.42.040 Conditions which may be added prior to granting permit. 24 21.42.050 Application and fees. _ . Notices and hearings. Decision-making authority. Announcement of decision and findings of fact. Reserved. Effective date and appeals. Expiration, extensions and amendments. Revocation. 28 -3 I- 21 42 010 21 42 020 21 .42 030 21 .42 040 21 .42 050 21 .42 060 21 .42 070 21 .42 080 21 .42 090 21 .42 100 21 .42 110 21 .42 120 10 13 14 15 16 17 18 23 21.42.130 Reserved. 21.42.140 Development standards and special regulafions. SECTION LXXI: That Section 21.42.020 of the Carisbad Municipal Code is amended to read as follows: 21.42.020 Reserved. SECTION LXXII: That Secfion 21.42.030.A ofthe Carlsbad Municipal Code is amended to read as follows: A. A minor conditional use permit or conditional use permit may be granted only if the following facts are found to exist in regard thereto: 1. That the requested use is necessary or desirable for the development of the ^ community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 11 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; ' , u 4. That the street system serving the proposed use is adequate to property handle all traffic generated by the proposed use. SECTION LXXIll: That Secfions 21.42.050 through 21.42.130 ofthe Cartsbad Municipal Code are amended to read as follows: 21.42.050 Application and fees. A. Applicafion for a minor conditional use permit or condifional use permit may be made by the owner of the property affected or the authorized agent of the owner. The 19 application shall: 1. Be made in writing on a form provided by the city planner. 20 2. State fully the circumstances and conditions relied upon as grounds for the applicafion; and 21 3. Shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner. 22 B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 21.42.060 Nofices and hearings. 24 A. Notice of an application for a minor conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. 25 B. Notice of an application for a conditional use permit shall be given pursuant to the provisions of Secfions 21.54.060.A and 21.54.061 of this title. 21.42.070 Decision-making authority. 26 27 28 ,o ^0 1 A. Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with the following. Please refer to the ,use regulation table in each 2 zone to determine whether the conditional use permit is decided by process one, two or three. 1. Process One—Minor Conditional Use Permit. 3 a. An application for a minor conditional use permit may be approved, condifionally approved or denied by the city planner based upon his/her review of the facts as set forth in the 4 application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 5 of this title. b. The city planner may approve or conditionally approve the minor conditional use 6 permit if all of the findings of fact in Section 21.42.030 of this fitle are found to exist. 2. Process Two. 7 a. An application for a condifional use permit subject to process two may be approved, conditionally approved or denied by the planning commission based upon its review 8 of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 9 b. The planning commission shall hear the matter, and may approve or conditionally approve the conditional use permit if all ofthe findings of fact in Section 21.42.030 ofthis title 10 are found to exist. 3. Process Three. 11 a. An application for a conditional use permit subject to process three may be approved, conditionally approved or denied by the city council based upon its review ofthe facts 12 as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 13 b. Before the city council decision, the planning commission shall hear and consider the applicafion for the conditional use permit and shall prepare a recommendation and findings 14 for the city council. The action of the planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. 15 c. The city council shall hear the matter, and may approve or conditionally approve the condifional use permit if all of the findings of fact in Section 21.42.030 of this title are found 16 to exist. 17 21.42.080 Announcement of decision and findings of fact. A. When a decision on a minor conditional use permit or conditional use permit is made pursuant to this chapter, the decision-making authority shall announce its decision in wrifing in accordance with the provisions of Section 21.54.120 ofthis title. 18 19 20 21.42.090 Reserved. 21.42.100 Effective date and appeals. 21 A. Decisions of the city planner on minor conditional use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this titie. 22 B. Decisions of the planning commission on conditional use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this titie. 23 Q Decisions of the city council on conditional use permits are final, conclusive and 2^ shall be effective upon the date specified in the announcement of decision. 21.42.110 Expiration, extensions and amendments. 25 A. Expiration of Permit if Not Exercised. The expiration period for an approved 26 minor condifional use permit or conditional use permit shall be as specified in Secfion 21.58.030 of this title. 27 28 .39_ HI B. Extension of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit may be extended pursuant to Section 21.58.040 of this title. C. Expiration of Permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the city planner/planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. D. All existing conditional use permits approved prior to February 21, 2006, which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the city planner in perpetuity without the requirement to extend the conditional use permit. E. An approved minor conditional use permit or conditional use permit may be amended pursuant to the provisions of Section 21.54.125 of this title. 21.42.120 Revocation. A. The city planner/planning commission/city council shall have continuing 9 jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the city planner 10 shall hold an administrative hearing after giving notice pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. 11 C To consider the revocation of a conditional use permit, the planning commission/city council shall hold a public hearing after giving notice pursuant to the provisions 12 of Sections 21.54.060.A and 21.54.061 ofthis title. D. The city planner/planning commission/city council may revoke and terminate the 13 minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new 14 conditions. , . , E. Revocation actions of the city planner/planning commission are appealable 15 pursuant to Sections 21.54.140 and 21.54.150 ofthis title. F. A minor conditional use permit or conditional use permit may be revoked or 16 condifions modified or added on any one or more of the following grounds: 1. That the minor conditional use permit or conditional use permit was obtained by 17 fraud or misrepresentation; 2. That the use for which such approval is granted is not being exercised; 18 3 That the minor conditional use permit or condifional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; 19 4 That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; 20 5 . That the use is in violation of any statute, ordinance, law or regulation; 6 That the use permitted by the minor conditional use permit or conditional use 2^ permit is being or has been so exercised as to be detrimental to the public health, safety or 22 welfare or so as to constitute a nuisance. 23 24 25 Code is amended to read as follows: vi. Such facilifies shall also require a minor site development plan pursuant to Chapter 21.34 of this title. -40- 4? 26 27 28 21.42.130 Reserved. SECTION LXXIV: That Section 21.42.140.B.95.vi of the Carlsbad Municipal 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 LXXV: That the rows for "Recreational vehicles, boats, and trailers" in Table E of Section 21.44.060.A.4 of the Cartsbad Municipal Code are arnended to read as follows: Recreational vehicles, boats, and trailers One- family dwellings on individual lots In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard Subject to city planner approval, open parking in the required front yard is permitted if the parking area does not exceed the maximum paved area permitted fpr passenger vehicles, and that access to the side or rear yard cannot be provided. In making this determination, the city planner shall give notice pursuant to 21.54.060.B and shall consider: 1. Whether parking in, or access to, the side or rear yard would require structural alteration to the existing residence, or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard; 2. Whether parking in or access to the side or rear yard would require extensive grading; 3. Whether, because ofthe configuration ofthe lot, existing landscaping, the locafion ofthe structures on the lot, and the size ofthe recreational vehicle, parking ofthe recreational vehicle in the front yard would interfere with visibility to or from any street; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk, or would encroach into the street and utility right-of-way. Any person may file an objection to the decision or request an administrative hearing with the city planner pursuant to Section 21.54.060.B. The decision ofthe city planner shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title. Note: A corner lot is deemed to have reasonable access to the rear yard. — Notwithstanding the above, during the construction of a permanent one-family dwelling on a lot, the owner of the lot may live in a recreational vehicle upon said lot during construction of said dwelling for a period not to exceed 6 months. ' The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). Ifthe provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply- ^ -41 1 SECTION LXXVl: That the rows for "Parking areas for commercial or 2 office/professional uses in R-3, R-P and R-T zones" in Table B of Section 21.44.050 of the 3 Carisbad Municipal Code are amended to read as follows: Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until reviewed by the city planner and its location approved. Such approval may be condifioned upon the city planner requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones The parking lot shall be no farther than 50 feet when measured from its closest boundary to the commercial or office/professional establishment to which it is accessory. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones Such parking lot shall be used solely for the parking of pnvate passenger vehicles. 4 5 6 7 8 9 10 11 SECTION LXXVIl: That the list of sections in Chapter 21.45 of the Cartsbad 12 Municipal Code is amended to read as follows: 13 21.45.010 Intent and purpose. Applicability. 14 21.45.030 Definitions. Permitted zones and uses. 15 21.45.050 Applicafion and permit. _.. General development standards. 16 - 21.45.070 Development standards for one-family dwellings and twin-homes on smal lots. 17 21.45.080 Development standards for condominium projects. Residential additions and accessory uses. 18 21.45.100 Amendments to permits. Conversion of existing buildings to planned developments. 19 21.45.120 Reserved. Proposed common ownership land or improvements. 20 21.45.140 Maintenance. Failure to maintain. 21 21.45.160 Model homes. Restnction on reapplication for planned development permit. 22 23 24 SECTION LXXVlll: That Section 21.45.050 ofthe Cartsbad Municipal Code is amended to read as follows: 21.45.050 Applicafion and permit. 25 A. Application and fee. 1. An application for a planned development permit may be made by the owner of 26 the property affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided by the city planner; 27 |3 state fully the circumstances and conditions relied upon as grounds for the 28 _42. 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 application; and c. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner. d. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement. e. A planned development permit applicafion for a condominium project shall require approval of architecture and plotting concurrent with the approval ofthe condominium subdivision. f. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums). 2. At the fime of filing the applicafion, the applicant shall pay the applicafion fee contained in the most recent fee schedule adopted by the city council. B. Processing Procedures. 1. Table B, Processing Procedures, identifies required procedures for Minor (four or fewer dwelling units) and Major (five or more dwelling units) Planned Development permits. Topic Minor Planned Development Permit Major Planned Development Permit Decision-Making Authority City planner Planning Commission (PC) Map Required Minor Subdivision Map (See Title 20, Chapter 20.24) Major Subdivision Map (See Title 20, Chapter 20.12) Required Findings See Section 21.45.050.C See Section 21.45.050.C Notices and Hearings See Chapter 21.54, Sections 21.54.060.B and 21.54.061 See Chapter 21.54, Secfions 21.54.060.A and 21.54.061 Announcement of Decision and Findings of Fact See Chapter 21.54, Section 21.54.120 See Chapter 21.54, Secfion 21.54.120 Effective Date and Appeals See Chapter 21.54, Section 21.54.140 See Chapter 21.54, Section 21.54.150 Expiration and Extensions See Chapter 21.58, Secfions 21.58.030 and 21.58.040 See Chapter 21.58, Sections 21.58.030 and 21.58.040 Amendments See Section 21.45.100 See Section 21.45.100 C. Findings of fact. 1. The decision-making authority shall approve or condifionally approve a planned development permit only if the following findings are made: • .11 a The proposed project is consistent with the general plan, and complies with all applicable provisions ofthis chapter, and all other applicable provisions ofthis code. b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. c. The project will not adversely affect the public health, safety, or general welfare; d. The project's design, including architecture, streets, and site layout; i. Contributes to the community's overall aesthetic quality; -43-45 1 ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and 2 iii. Achieves confinuity among ali elements of the project. D. Modifications to Development Standards. 3 1. The decision-making authority may approve a modification to the development standards specified in this chapter if all of the following findings are made in writing: 4 a. The proposed planned development designed with the modified development standard(s) is consistent with the purpose and intent of this chapter; and 5 b. The proposed modification(s) will result in the preservation of natural habitat as required by the Carlsbad Habitat Management Plan (HMP); and 6 c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and 7 d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and 8 e. If the project is located within the coastal zone, the modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources. 9 2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that 10 clearty demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP. 11 3. The decision-making authority may modify the plan, or impose such conditions or requirements that are more restrictive than the development standards specified in this chapter, 12 the underiying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other 13 adopted policies, goals or objectives of the city. 14 SECTION LXXIX: That Section 21.45.100 of the Carisbad Municipal Code is amended to read as follows: 21.45.100 Amendments to permits. A An approved planned development permit may be amended pursuant to the provisions of Section 21.54.125 ofthis title, except that project revisions specified in subsection B of this section shall not require an amendment. 18 B. Amendment excepfions. 1 A project revision shall not be required to obtain an amendment to an exisfing ^ ^ planned development permit if all of the following findings are made: a. The proposed revision does not increase the density (i.e., the addition of units); 20 j^' The proposed revision does not decrease the density by more than ten percent and provided the density is not decreased below the minimum density of the underiying residenfial land use designation of the General Plan; c. The proposed revision does not change the boundary of the subject property; 22 ^ The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g., adding a commercial use to a residential project, replacing single- family units with attached residential units, vice versa for each example, etc.); e The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units); f. The proposed revision does not create changes of greater than ten percent, provided that compliance will be maintained with the applicable development standards of this 96 code as follows: u • j Per individual lot or structure basis: Building ftoor area, coverage or height 27 (except that height reductions of more than ten percent are permitted); 28 .44. , 23 24 25 1 ii. On an aggregate project basis: Parking, open space, recreafion or landscaping areas; ^ .... 2 g. The proposed revision is architecturally compatible with existing structures within the development. 3 " 4 5 6 7 8 17 18 19 20 21 22 SECTION LXXX: 'That Section 21.45.120 of the Carlsbad Municipal Code is amended to read as follows: 21.45.120 Reserved. SECTION LXXXI: That the list of sections in Chapter 21.46 of the Cartsbad Municipal Code is amended to read as follows: 21.46.010 Height of buildings on through lots. ^ 21.46.020 Allowed protrusions above height limits. 21.46.030 Regulations. ^ 0 21.46.040 Modification of side yard requirement on combined lots. 21.46.050 When more than one main building exists. ^ ^ 21.46.060 Formula for yard requirements. 21.46.070 Modification of required front yards. 21.46.080 Property abutting half-streets. 21.46.090 Measurement of front yards. 21.46.100 Vision clearance, corner and reversed corner lots. 21.46.110 Dwellings and apartments above stores. 21.46.120 Permitted intrusions into required yards. 21.46.130 Walls, fences or hedges. 21.46.140 Trees, shrubs and ftowers. 21.46.150 Multiple or row dwellings fronting upon a side yard. 2146.160 Multiple or row dwellings rearing upon a side yard. 21.46.170 One building on a lot or building site. 21.46.180 Through lots. 21.46.190 Lot area not to be reduced. 21.46.200 Greater lot area than prescribed. SECTION LXXXll: That Section 21.46.060 of the Carlsbad Municipal Code is amended to read as follows: 21 46 060 Formula for yard requirements. . • u + ' The city planner may adopt a formula or establish standard practices by which to determine appropriate and practical yards in all residential zones where geometnc shape and 23 dimensions and topography are such as to make the literal application of required yards impractical. After the adoption of such formula or standard practices, they shall be applied as an 24 administrative act. 25 SECTION LXXXIIl: That Section 21.46.120 ofthe Carlsbad Municipal Code is 26 amended to read as follows: 27 21.46.120 Permitted intrusions into required yards. 28 45 1 The following intrusions may project into any required yards, but in no case shail such intrusions extend more than two feet into such required yards: 2 (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; 3' (2) Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part; 4 (3) StainA/ays, balconies and fire escapes; (4) Uncovered porches and platforms which do not extend above the fioor level of 5 the first floor; provided, that they may extend six feet into the front yard; (5) Planting boxes or masonry planters not exceeding forty-two inches in height; 6 (6) Guard railings for safety protection around ramps. 7 SECTION LXXXIV: That the list of sections in Chapter 21.47 of the Cartsbad 8 Municipal Code is amended to read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 amended to read as follows: 21 21.47.020 Nonresidential planned development permit. A nonresidential planned development permit is required for the development of 22 nonresidential condominiums, condominium conversions or stock cooperatives in any industrial, commercial or office zone, or combination zones subject to the requirements thereof except as 23 they may be modified in accord with this chapter. 24 For purposes of this chapter, a planned unit development is defined by Section 11003 of the Business and Professions Code of the state and a condominium project is defined by Section 25 1351 of the civil code of the state. 26 SECTION LXXXVl: That Secfions 21.47.040 through 21.47.070 of the Carisbad 27 Municipal Code are amended to read as follows: 28 -46- M'S 21 .47 010 Intent and purpose. 21 .47 020 Nonresidential planned development permit. 21 .47 030 Permitted uses. 21 .47 040 Application and fee. 21 .47 050 Notices and hearings. 21 .47 060 Decision-making authority. 21 .47 070 Findings of fact. 21 .47 073 Announcement of decision and findings of fact. 21 .47 075 Effective date and appeals. 21 .47 080 Development standards. 21 .47 090 Conversion of exisfing buildings to nonresidential 21 .47 100 Expirafion, extensions, and amendments. 21 .47 110 Reserved. 21 .47 120 Reserved. 21 .47 130 Reserved. 21 .47 140 Final map. 21 .47 150 Certification of occupancy. 21 .47 160 Maintenance. SECTION LXXXV: That Secfion 21.47.020 of the Cartsbad Municipal Code is 1 21.47.040 Application and fee. A. An application for a nonresidential planned development permit may be made by 2 the owner of the property affected or the authonzed agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 3 2. State fully the circumstances and condifions relied upon as grounds for the application; 4 3. State whether the applicant intends to develop the project as a planned unit development, condominium project or stock cooperative project; and 5 4. Be accompanied by adequate plans, a legal descripfion of the property involved and all other materials as specified by the city planner. 6 5. Be accompanied by a tentafive map or tentative parcel map, as applicable, in accordance with Title 20 of this code; 7 6. If the applicant contemplates the construction of a nonresidential planned development in phases, the applicafion shall so state and shall include a proposed phasing schedule' 7. If the applicant proposes to convert existing buildings to a nonresidential planned 9 development, the plans shall reflect the exisfing buildings and show all proposed changes and addifions. 10 B. At the fime of filing the application, the applicant shall pay the applicafion fee contained in the most recent fee schedule adopted by the city council. 11 21 47.050 Notices and hearings. 12 A. Notice of an application for a nonresidential planned development permit for less than five (5) units or lots shall be given pursuant to the provisions of Section 21.54.060.B and 13 21.54.061. . • .^^ B. Nofice of an applicafion for a nonresidential planned development permit for tive 14 (5) or more units or lots shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 15 21 47 060 Decision-making authority. 16 A. Applications for nonresidenfial planned development permits shall be acted upon in accordance with the following: 17 1 Nonresidential planned development permit for less than five (5) units or lots, a! An application for a nonresidential planned development permit for less than five (5) units or lots may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative heanng, if one is conducted pursuant to the provisions of Secfion 21.54.060.B.2 of this titie. 20 ^ The city planner may approve or conditionally approve the nonresidential planned development permit if all of the findings of fact in Secfion 21.47.070 of this chapter are 2^ found to exist. 2 Nonresidenfial planned development permit for five (5) or more units or lots. 22 a! An application for a nonresidential planned development permit for five (5) or more units or lots may be approved, conditionally approved or denied by the planning 2^ commission based upon its review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. 24 b . The planning commission shall hear the matter, and may approve or condifionally approve the nonresidential planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are found to exist. 18 19 25 26 21.47.070 Findings of fact. A The decision-making authority shall approve or conditionally approve a nonresidential planned development permit only if it finds that all of the following facts exist: 28 .47. M 1. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans ofthe city and other governmental agencies; 2. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contnbute to the general well-being of the neighborhood and the community; 4 3. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the 5 vicinity; 4. The proposed nonresidential planned development meets all of the minimum 6 development standards of the undertying zone, except for lot area: 5. In granfing a nonresidenfial planned development permit, the decision-making 7 authority may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. 9 10 11 12 13 20 23 24 25 26 27 28 SECTION LXXXVll: That Secfions 21.47.071 and 21.47.072 of the Carlsbad Municipal Code are repealed. SECTION LXXXVIII: That Sections 21.47.073 and 21.47.075 of the Cartsbad Municipal Code are amended to read as follows: 21.47.073 Announcement of decision and findings of fact. A When a decision on a nonresidenfial planned development permit is made 14 pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 15 21 47.075 Effective date and appeals. 16 A Decisions made by the city planner pursuant to this chapter shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title. 17 B Decisions made by the planning commission pursuant to this chapter shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this 18 title. 19 SECTION LXXXIX: That Sections 21.47.100 through 21.47.130 ofthe Carlsbad Municipal Code are amended to read as follows: 21 47 100 Expiration, extensions, and amendments. A. The expiration period for an approved nonresidential planned development permit shall be as specified in Section 21.58.030 of this titie. B. The expiration period for an approved nonresidential planned development permit may be extended pursuant to the provisions of Section 21.58.040 of this title. C. An approved nonresidential planned development permit may be amended pursuant to the provisions of Section 21.54.125 ofthis title. 21.47.110 Reserved. 21.47.120 Reserved. 21.47.130 Reserved. -48- 6 7 8 9 10 11 SECTION XC: That Section 21.48.050.C.1 of the Carlsbad Municipal Code is amended to read as follows: 1. A nonconforming residenfial structure and/or a nonconforming residential use 4 I may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a 5 nonconforming construction permit is submitted and the city planner approves the findings of fact pursuantto Section 21.48.080.D. SECTION XCl: That Section 21.48.050.D.1 ofthe Carlsbad Municipal Code is amended to read as follows: 1. A nonconforming residential structure and/or nonconforming residential use that is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an applicafion for a nonconforming construction permit is submitted within two years of the date of the disaster and the city planner approves the findings of fact pursuant to Section 21.48.080.D. The city planner may grant an extension to the above two-year applicafion submittal limit upon demonstration of 12 good cause by the applicant. 13 SECTION XCII: That Section 21.48.050.E.1 ofthe Carlsbad Municipal Code 14 is amended to read as follows: 15 l. A nonconforming residential structure and/or nonconforming residenfial use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required 16 discrefionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to 17 Section 21.48.080.D prior to the date of the demolifion. 18 SECTION XCIII: That Section 21.48.060.C.1 ofthe Carlsbad Municipal Code 19 is amended to read as follows: 20 1. A nonconforming non-residential structure may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and 21 building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080.D. SECTION XCIV: That Section 21.48.060.D.1 ofthe Carlsbad Municipal Code is amended to read as follows: 22 23 24 „ 1. A nonconforming non-residential structure that is destroyed by fire, explosion, or 2^ other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years of the date of the disaster and the city planner 27 approves the findings of fact pursuant to Section 21.48.080.D. 28 .49. Sl SECTION XCV: That Secfion 21.48.060.E.1 ofthe Carlsbad Municipal Code is amended to read as follows: 1. A nonconforming non-residential structure that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construcfion permit is submitted and the city planner approves the findings of fact pursuant to Secfion 21.48.080.D prior to the date of the demolition. 6 SECTION XCVl: That Sections 21.48.080 and 21.48.090 of the Carisbad 7 10 11 15 17 18 19 20 25 Municipal Code are amended to read as follows: 8 21.48.080 Nonconforming construcfion permit. A. Application and fees. 1. An application for a nonconforming construction permit may be made by the owner of the property affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided by the city planner; b. State fully the circumstances and conditions relied upon as grounds for the applicafion; and • , ^ c. Be accompanied by adequate plans, a legal descnption of the property involved and all other materials as specified by the city planner. 2. At the fime of filing the application, the applicant shall pay the applicafion fee ^ ^ contained in the most recent fee schedule adopted by the city council. B. Nofices and hearings. 14 1 Notice of an application for a nonconforming construction permit shall be given pursuant to the provisions of Secfions 21.54.060.B and 21.54.061 of this titie. C Decision-Making Authority. 1 An application for a nonconforming construction permit may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21 54.060.B.2 ofthis title. 2 The city planner may approve or conditionally approve the nonconforming construction permit if all of the findings of fact in Section 21.48.080.D of this title are found to exist. D. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts 91 are found to exist in regard thereto: . a The expansion/replacement of the structure and/or use would not result in an 29 adverse impact to the health, safety and welfare of surrounding uses, persons or property. b. The area of expansion shall comply with all current requirements and 23 development standards of the zone in which it is located, except as provided in Subsection 21 48.050(A)(3) of this chapter. 24 c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulafions contained in Titles 17 and 18. d. The expansion/f-eplacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the 26 neighborhood in which it is located. E. Announcement of decision and findings of fact. 27 " 28 .50_ 1 1. When a decision on a nonconforming construction permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance 2 with the provisions of Section 21.54.120 of this title. F. Effective date and appeals. 3 1. The city planner's decision on nonconforming construction permits shall become effective unless appealed in accordance with the provisions of Secfion 21.54.140 ofthis titie. 4 G. Expiration, extensions and amendments. 1. Expiration of Permit if Not Exercised. 5 a. The expiration period for an approved nonconforming construction permit shall be as specified in Section 21.58.030 of this title. 6 2. Extension of Permit if Not Exercised. a. The expiration period for an approved nonconforming construction permit may be 7 extended pursuant to Section 21.58.040 of this title. 3. Amendment. 8 a. An approved nonconforming construction permit may be amended pursuant to the provisions of Secfion 21.54.125 ofthis titie. 9 21 48 090. Abatement of nonconforming structures and uses. 10 A If a nonconforming use and/or structure is determined by the city planner to be adverse to the orderiy development of the city and/or to the public health, safety, or welfare of 11 persons or property, the city planner shall schedule a public hearing before the planning commission to establish the conditions of abatement and the abatement period. The abatement 12 penod shall start from the date of the applicable resolution and shall be: •1. For all Residential Uses. 13 a. Not less than one or more than five years. 2. For all Non-Residential Uses. 14 a. Not less than one or more than ten years. 3. For all Nonconforming Structures. 15 a Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to 16 Secfion 6.16.150 of the Carisbad Municipal Code, B. Notices and hearings. ^ non A 17 1 Nofice of said public hearing shall be given as required by Section 21.54.060.A and 21.54.061 of this title. 18 c Public Hearing Evidence. 1 The planning commission shall consider at the public heanng, all pertinent data ^ ^ to enable it to arrive at an equitable abatement period which will protect the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, 20 sufficient time to amortize their investment. 2 The owner or lessee shall be allowed to present any evidence related to the 21 case 3 When setting the abatement period, the planning commission shall take into 22 consideration the type of construction, age, condition, and extent of nonconformity of the structure or use in question; any structural alterations or expansions; and/or the installation of 2^ major equipment designed into the structure prior to the date of nonconformity. D. Heanng Decision. 24 1 After the close of the public hearing, the planning commission shall determine and establish by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement period is based. E Notice of Decision to Owner. 26 ^ jhg secretary of the planning commission shall formally notify the owner of the 27 property of the action of the planning commission by mailing a copy of the resolution, via 28 _51. 53 1 certified return receipt mail, within ten days following the date of its adoption by the planning commission. 2 F. Effective date and appeals. 1. The above action of the planning commission shall become effective unless 3 appealed in accordance with the provisions of Section 21.54.150 of this title. G. Recordafion. 4 1. The secretary of the planning commission shall transmit a final signed copy of the resolution ofthe planning commission or city council, whichever is final, to the County 5 Recorder of San Diego for recordation. 6 SECTION XCVll: That Chapter 21.50 of the Carlsbad Municipal Code is 7 amended to read as follows: CHAPTER 21.50 VARIANCES 9 Secfions: 10 21.50.010 Intent and purpose. 21.50.020 Applicafion and fee. 11 21.50.030 Notices and hearings. 21.50.040 Decision-making authority. 12 21.50.050 Findings of fact. 21.50.060 Announcement of decision and findings of fact. 13 21.50.070 Effective date and appeals. 21 50 080 Expiration, extensions and amendments. 14 21 50.010 Intent and purpose. 15 A When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, a minor variance or variance from the provisions of this title may be approved or conditionally approved, so that the spirit of this title shall be observed, ^ public safety and welfare secured and substantial justice done. B The purpose of any minor vanance or variance shall be to prevent discnmination, and no variance shall be approved or conditionally approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. 18 19 20 21 21 50.020 Application and fee. A An application for a minor variance or variance may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The applicafion shall: 1. Be made in writing on a form provided by the city planner; 22 2. State fully the circumstances and conditions relied upon as grounds for the 9T applicafion; and .... ^. 3. Be accompanied by adequate plans, which allow for detailed review pursuant to this chapter and demonstrate compliance with the requirements of this chapter, a legal description of the property involved and all other materials as specified by the city planner. B. At the time of filing the applicafion, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 24 25 26 27 21.50.030 Notices and hearings. A. Notice of an application for a minor variance shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. 2« -52- 5^' B. Notice of an application for a variance shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 ofthis title. 21.50.040 Decision-making authority. A. Minor variances. 1. The city planner may approve, conditionally approve or deny a minor variance for the following: a. Modifications of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; i. Unenclosed balconies, patios and decks which extend above the existing ground level may be allowed to project to the property lines of side or rear yards immediately adjacent to permanent open space areas. b. Modifications of the minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet; c. Walls or fences to exceed heights permitted by the zoning regulations; d. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 10 e. Modifications to the sign height regulations provided such modification does not exceed ten percent of the maximum allowed sign height. 11 2. The city planner's decision shall be based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at 12 the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. 13 3. The city planner may approve or conditionally approve a minor variance if all the findings of fact in Section 21.50.050 of this title are found to exist. 14 B. Variances. 1. The planning commission may approve, conditionally approve or deny a variance 15 that is not subject to subsection A of this section. 2. The planning commission's decision shall be based upon its review of the facts 16 as set forth in the applicafion, of the circumstances of the particular case, and evidence presented at the public hearing. 17 3 The planning commission shall hear the matter and may approve or conditionally ^ ^ approve the variance if all the findings of fact in Section 21.50.050 of this title are found to exist. 21.50.050 Findings of fact. 19 A. No minor variance or variance shall be approved or conditionally approved unless the decision-making authority finds: 20 1 That because of special circumstances applicable to the subject property, including size, shape, topography, locafion or surroundings, the strict application ofthe zoning 2 ^ ordinance deprives such property of pnvileges enjoyed by other property in the vicinity and under identical zoning classification; 22 2. That the minor variance or 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. That the minor variance or variance does not authorize a use or activity which is not OthenA/ise expressly authorized by the zone regulation governing the subject property; 25 4. That the minor variance or variance is consistent with the general purpose and 9^ intent of the general plan, this title and any applicable specific or master plans; 5. In addifion, in the coastal zone, that the minor variance or variance is consistent 97 with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources. 28 f^c. -53- SECTION XCVlll: That Chapter 21.51 of the Carlsbad Municipal Code is repealed. SECTION XCIX: That Chapter 21.52 of the Cartsbad Municipal Code is 1 21.50.060 Announcement of decision and findings of fact. A. When a decision on a minor variance or vanance is made pursuant to this 2 chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. 3 21.50.070 Effective date and appeals. 4 A. Decisions on minor variances shall become effective unless appealed in accordance with the provisions of Secfion 21.54.140 of this fitie. 5 B. Decisions on variances shall become effective unless appealed in accordance with the provisions of Section 21.54.150 ofthis title. 6 21.50.080 Expirafion, extensions and amendments. 7 A. The expiration period for minor vanances and variances shall be as specified in Section 21.58.030 of this titie. B. The expiration period for an approved minor variance or variance may be extended pursuant to Secfion 21.58.040 ofthis title. 9 C. An approved minor variance or vanance may be amended pursuant to the provisions of Secfion 21.54.125 ofthis tifie. 10 11 12 1 14 15 16 ,. Sections: 17 21.52.010 Purpose. 21.52.020 Amendment inifiation. 18 21.52.030 Application and fees. 21.52.040 Nofices and hearings. 19 21.52.050 Decision-making authority. 21.52.060 Announcement of decision and findings of fact. 20 21.52.070 Effective date. 21 21.52.010 Purpose. A. The purpose of this chapter is to establish the process and requirements to 22 amend this title, the general plan, and the local coastal program, including amendments to the boundaries of land use designations and zones. 23 B. The process and requirements established by this chapter regarding amendments to the local coastal program are intended to be consistent with and shall not 24 supersede the requirements ofthe California Coastal Act. 25 21.52.020 Amendment Inifiation. A. Amendments to this title, the general plan, or local coastal program may be 26 initiated by: 1. The verified application of one or more owners of property or building proposed 27 to be changed or reclassified; amended to read as follows: CHAPTER 21.52 AMENDMENTS 28 -54- 1 2. Resolution of intenfion of the city council; 3. Resolution of intenfion of the planning commission; 2 4. The city planner. 3 21.52.030 Applicafion and fees. A. An application to amend this titie, the general plan, or local coastal program shall: 4 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the 5 application; and 3. Be accompanied by all other materials as specified by the city planner. 6 B. At the time of filing the applicafion, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 7 C. Ifthe applicafion is applicable to a specific parcel(s) of land, the applicafion shall be made by the owner of the property affected or the owner's authorized agent. This paragraph 8 shall not apply to an amendment initiated by the city. In addifion to the provisions of subsecfion A of this Secfion, such applicafions shall also include: 9 1. Adequate plans and a legal description of the property involved. 10 21.52.040 Nofices and heanngs. A. Notice of an application to amend this tifie, the general plan, or the local coastal 11 program shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 12 21.52.050 Decision-making authority. 13 A. The city council may approve or deny amendments to this title, the general plan, or local coastal program. 14 1 Before the city council decision, the planning commission shall hear and consider the application and shall prepare a recommendation for the city council that includes the 15 reasons for the recommendation and the relationship of the proposed amendment to applicable provisions of this titie, the general plan and local coastal program, and any applicable master or 16 specific plan. 2. The city council shall hear the matter, and after considering the findings and 17 recommendations of the planning commission, may approve condifionally approve or deny amendments to this title, the general plan or local coastal program. 18 3 The city council may make substantial modifications to the planning commission's recommendafion on a proposed amendment to this title, the general plan, or local coastal program, including modifications not previously considered by the planning commission. The city council, in its discrefion, may refer said modifications back to the Planning Commission 20 for recommendation. B. Amendments to the local coastal program are also subject to approval by the 2^ California Coastal Commission. 22 21.52.060 Announcement of decision and findings of fact. A. When a decision is made pursuant to this chapter, the decision-making authority 2-^ shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of 24 this title. 9^ 21.52.070 Effective date. A. A decision of the city council to amend the general plan or this title is final, conclusive and shall be effective 30 days after the city council's adoption of the resolution (for amendments to the general plan) or ordinance (for amendments to this title). 26 27 51 B. Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved by the California Coastal Commission, pursuant to Section 30514 of the Public Resources Code. SECTION C: That Section 21.53.040 of the Cartsbad Municipal Code is 4 amended to read as follows: 5 21.53.040 Clarificafion of ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the 6 meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth in this title and as they may 7 pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the city planner to make an interpretation and thereafter such 8 interpretation shall govern. 9 SECTION Cl: That Sections 21.53.085 and 21.53.090 of the Carisbad 10 13 14 15 Municipal Code are amended to read as follows: 21.53.085 Wild animals. In zones where the keeping of wild animals is permitted, a wild animal may be kept, provided a wild animal permit has been issued for it by the state and provided the keeping of such wild animal does not constitute the establishment or maintenance of a private zoo, as defined in Section 21.04.400 ofthis title. Private zoos may be established or maintained only as permitted by the underiying zone. 21.53.090 Temporary real estate office. In any newly created subdivision, the subdivider or his assignee may operate a temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall cease no later than the date ofthe close of escrow ofthe final home in the subdivision. SECTION Cll: That Section 21.53.120 of the Carlsbad Municipal Code is amended to read as follows: 17 18 19 21.53.120 Affordable housing multi-family residential projects—Site development plan 20 required. A. Site Development Plan Requirement. 21 1. Notwithstanding anything to the contrary in this code, no building permit or other entitlement shall be issued for any multi-family residential development having more than four 22 dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to the 23 provisions of Chapter 21.06 of this title. 2. A site development plan for a multi-family residential project (not affordable) shall 24 not be required for any project processed pursuant to the provisions of Chapter 21.45 of this title. 25 B. Development Standards. 1. The development (both for multi-family residential and affordable housing) shall 26 be subject to the development standards of the zone in which the development is located and/or any applicable specific or master plan except for affordable housing projects as expressly 27 modified by the site development plan. The site development plan for affordable housing 2^ .56- 1 projects may allow less restrictive development standards than specified in the underlying zone or elsewhere provided that the project is in conformity with the general plan and adopted 2 policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be 3 consistent with all certified local coastal program provisions, with the exception of density. In addition, the decision-making authority in approving a site development plan may impose 4 special conditions or requirements which are more restrictive than the development standards in the underiying zone or elsewhere that include provisions for, but are not limited to, the following: 5 a. Density of use; b. Compafibility with surrounding properties and land uses; 6 c. Parking standards; d. Setbacks, yards, active and passive open space required as part of the 7 entitlement process, and on-site recreational facilities; e. Height and bulk of buildings; 8 f. Fences and walls; g. Signs; 9 h. Addifional landscaping; i. Grading, slopes and drainage; 10 j. Time period within which the project or any phases of the project shall be completed; 11 k. Points of ingress and egress; I. Such other condifions as deemed necessary to ensure conformity with the 12 general plan and other adopted policies, goals or objectives of the city. C. In addifion the decision-making authority may require that the developer provide 13 public improvements either on or off the subject site as are needed to serve the proposed development orto mitigate public facilities needs or impacts created by the project. 14 15 16 17 18 20 21 22 SECTION Clll: That Secfion 21.53.230(b) of the Carisbad Municipal Code is amended to read as follows: (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: ^ ^ (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.140.B of this code; (5) Significant wetiands; (6) Significant nparian or woodland habitats; (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; 23 (9) Railroad track beds. 24 SECTION CIV: That the list of sections in Chapter 21.54 of the Cartsbad 25 Municipal Code is amended to read as follows: 26 21.54.010 Review and approval/denial of applications. 21.54.020 Reserved. 27 21.54.030 Reserved. 28 •57- ^ ^ 24 26 27 1 21.54.040 Decision-making authority for mulfiple development permits. 21.54.050 Setting of hearing. 2 21.54.060 Notices of applications and hearings. 21.54.061 Content of notice. 3 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 4 21.54.070 Reserved. 21.54.080 Investigations. 5 21.54.090 Rule establishment for conduct of hearings. 21.54.100 Hearing continuance without public notice. 6 21.54.110 Permanent files shall include summary of testimony. 21.54.120 Announcement of decision and findings of fact. 7 21.54.125 Amendments to development permits. 21.54.130 Restriction on reapplication after denial. 8 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood services director decisions. 9 21.54.150 Effective date of order—Appeal of planning commission decisions. 10 SECTION CV: That Secfions 21.54.010 through 21.54.061 of the Carlsbad 11 Municipal Code are amended to read as follows: 12 21.54.010 Review and approval/denial of applications. A. Permit Streamlining Act compliance. 13 1. The city shall comply with the requirements of the California Permit Streamlining Act (Title 7, Division 1, Chapter 4.5 of the California Government Code). 14 B. Applicafion form. 1. The city planner shall prescribe the form of applications for the development 15 permits or approvals and applicafions for changes in zone or general plan boundaries or classifications. 16 2. The city planner may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. 17 3 No applicafion shall be accepted unless it is in the proper form and contains all required information. 18 c. Signatures on applicafions. 1. All applications shall include the signatures of the owner(s) of the property ^ ^ affected or the authorized agent of the owner. 2. If signatures of persons other than the owners of property making the application 20 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 2^ 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 planning commission and the city council. 22 D. Applications as part of permanent record. 1. Applications filed pursuant to this title shall be numbered consecutively in the 2-^ order of their filing, and shall become a part of the city's permanent official records, and there shall be attached thereto and permanently filed there with copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. E. Filing fees. ^•^ 1. A fee in an amount established by city council resolution shall be paid at the time of filing an application for a development permit for approval, or application for a change in zone or general plan boundaries or classifications. No application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. F. Application completeness. 28 .53. ao 1 1. In accordance with Title 7, Division 1, Chapter 4.5, Article 3 of the California Government Code, applications shall be reviewed for completeness as follows: 2 2. The city planner shall consult with appropnate departments concerning the application and shall, within thirty days after the application has been filed with the city, 3 determine in writing whether the application is complete and shall transmit the determination to the applicant. 4 3. If the application is determined to be incomplete: a. the written determination shall specify those parts ofthe application which are 5 incomplete and shall indicate the manner in which the application can be made complete, including a list and descnption of the specific information needed to complete the application. 6 b. The applicant shall have six months from the date the application was initially filed to either resubmit the applicafion or submit the information specified in the determination. 7 Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal ofthe application. 8 if an application is withdrawn or deemed withdrawn a new application must be submitted. 4. Within thirty days of any resubmittal of an applicafion or submittal of materials in 9 response to a written determination of incompleteness, the city planner shall determine in writing whether the application, together with the subsequently submitted materials, constitute a 10 complete applicafion and shall immediately transmit the determinafion to the applicant. 5. If an application, together with the submitted matenals, is determined by the city 11 planner to be incomplete, the applicant may appeal the decision in writing to the planning commission pursuant to Section 21.54.140. The applicant may also appeal the decision ofthe 12 planning commission to the city council pursuant to Section 21.54.150. a. The city shall make a final written determination on the appeal not later than sixty 13 calendar days after the receipt of the applicant's written appeal of the city planner's decision. 6. Failure by the city to meet the time limits specified in this section shall cause the 14 application to be deemed complete. 7. Nothing in this section precludes an applicant and the city from mutually agreeing 15 to an extension of any time limit provided in this section. G. Time limits for approval or denial of development permits. 16 1 The city shall approve or disapprove a development permit application within the time limits specified in Title 7, Division 1, Chapter 4.5, Article 5 ofthe California Government 17 Code, unless an extension of time is mutually agreed to by the applicant and city pursuant to Government Code section 65957. 18 H. Permit Streamlining Act not applicable to legislative actions. 1. The time limits specified in subsections F and G of this section do not apply to legislative acfions and likewise do not apply to development permit applications that include legislative changes in applicable general plans, zoning ordinances or other controlling land use 20 legislafion. 21 21.54.020 Reserved. 22 21.54.030 Reserved. 2-^ 21 54 040 Decision-making authority for multiple development permits. A. For purposes of this section, "development permit" means any permit, entitlement 2^ or approval required pursuant to Titles 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. 25 B. For purposes of this section, "city planner" shall be interchangeable with "city engineer" and "housing and neighborhood services director", and "city council" shall be interchangeable with "housing and redevelopment commission". C. When multiple development permits are processed concurrentiy for a proposed project, the decision-making authority for all such development permits shall be as follows: •-59- • &l 1. The city planner shall have the authority to approve, conditionally approve or deny, on all concurrently processed development permits, provided that such permits do not include a development permit that requires a decision from the planning commission or city council. 2. The planning commission shall have the authority to approve, conditionally approve or deny, on all concurrently processed development permits that: 4 a. Include a development permit that has been appealed to the planning commission in accordance with Section 21.54.140; or 5 b. Include a development permit that requires a decision from the planning commission; and that 6 c. Does not include a development permit that requires a decision from the city council. 7 3. The city council shall have the authority to make a decision on all concurrently processed development permits that: a. Include a development permit that has been appealed to the city council in accordance with Section 21.54.150 of this title; or 9 b. Include a development permit that requires a decision from the city council. D. Except for appeals, the city council shall first receive a recommendation from the 10 planning commission prior to making a decision on all concurrently processed development permits. 11 21.54.050 Setfing of hearing. 12 A. All proposals for amending zone or general plan boundaries or classifications, or for the granting of any development permit or approval requiring a hearing as provided in this 13 title shall be set for hearing by the city planner when such hearings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. 14 Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the addifional requirements of Chapter 21.201 as applicable. 15 B The city shall approve or disapprove a project within the time limits specified in California Government Code Secfions 65950, 65950.1, 65951, or 65952, unless an extension of 16 time is mutually agreed to by the applicant and city as provided in Government Code section 65957. 17 c. The time limits specified in this section and in Secfion 21.54.010 above do not apply to legislative actions and likewise does not require that permit applications be deemed 18 approved if not acted on within the statutory period when such permit applications would require legislative changes in applicable general plans, zoning ordinances or other controlling land use ^9 legislation. 20 21.54.060 Nofices of applications and hearings. A. Noticing of public heanngs. 21 1 When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, at least ten calendar days prior to the public hearing, notice of the 22 hearing shall be given in all of the following ways: a. Notice by mail. Mailed or delivered to: The owner of the subject real property or the owner's duly authorized agent: The project applicant and/or the applicant's representative; Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project; iv. All owners of real property as shown on the latest equalized assessment roll • within six hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice 23 24 25 28 -60- (cp 1 would be mailed or delivered pursuant to this subparagraph is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least 2 one-eighth page in at least two newspapers of general circulation within the city. V. All occupants within one hundred feet of the subject property and the area office 3 of the California Coastal Commission (applicable to coastal development permits only). vi. Any person who has filed a written request for notice with the city clerk. The city 4 clerk shall charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. 5 b. Published or posted notice. Unless newspaper advertisement is provided pursuant to Section 21.54.060.A.iv, the public heanng notice shall either be: 6 i. Published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing; or 7 ii. Posted at least ten calendar days prior to the hearing in at least three public places in the city, including one public place in the area directly affected by the proceeding. 8 2. When a provision of this code requires notice ofa public hearing to be given pursuant to this subsection, notice shall be published pursuant to California Government Code 9 Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing. 10 B. Noticing of administrative permits. 1. When a provision of this code requires notice of an application pursuant to this 11 subsection, at least ten calendar days prior to a decision on the application, written notice shall be given as follows: 12 a. Notice by mail. Mailed or delivered to: 1. The owner ofthe subject real property or the owner's duly authorized agent; 13 ii. The project applicant and/or the applicant's representative; iii All owners of real property as shown on the latest equalized assessment roll 14 within three hundred feet of the real property that is the subject of the administrative permit; or all owners within one hundred feet for minor coastal development permits only. In lieu of utilizing 15 the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice 16 would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least 17 one-eighth page in at least two newspapers of general circulation within the city. iv. All occupants within one hundred feet of the subject property, and to the area 18 office of the California Coastal Commission. This requirement applies to minor coastal development permits only. 19 y Any person who has filed a written request for notice with the city clerk. The city clerk shall charge a fee established by city council resolution which is reasonably related to the 20 costs of providing this service. Each request shall be annually renewed. 2. Once notice has been given in accordance with Section 21.54.060.B.1, any 2^ person may file written comments or a written request to be heard within ten calendar days of the date of the notice. If a written request to be heard is filed, the city planner shall: 22 a. Schedule an administrative hearing; and b. Provide written nofice at least five calendar days prior to the date of the 2-^ administrative hearing to the owner of the subject real property or the owner's duly authorized agent, the project applicant and/or applicant's representative, and any person who filed written '^^ comments or a written request to be heard. 3. The noticing requirements specified in Section 21.54.060.A shall apply if an administrative permit is processed concurrently with a permit, entitiement, or action that requires 26 a public hearing. 27 21.54.061 Content of notice. 28 .61- 63 A. The notice given pursuant to Section 21.54.060 shall include the date, time and place of a public hearing, the identity ofthe heanng body or officer, a general explanation ofthe matter to be considered, and a general description, in text or diagram, ofthe location of the real property if any, that is the subject of the hearing. B. However, within the coastal zone such notice shall contain the following additional information: 1. A statement that the development is within the coastal zone; 2. The date of filing of the application and the name of the applicant; 3. The number assigned to the application; 4. A bnef description of the general procedure of local government concerning the conduct of hearing and local actions; 5. The system for local and Coastal Commission appeals, including any local fees required, expressly stating whether the matter is appealable to the Coastal Commission. C. Notice given pursuant to Secfion 21.54.060.B shall include a statement that an administrative hearing shall be held upon wntten request. SECTION CVI: That Secfion 21.54.062 of the Cartsbad Municipal Code is 10 repealed. 11 SECTION evil: That Section 21.54.064 and 21.54.070 of the Cartsbad 12 Municipal Code are amended to read as follows: 13 21 54.064 Applicant's responsibilities. A The applicant for any acfion requiring a notice of public heanng or notice of 14 administrative permit pursuant to the provisions of Secfion 21.54.060 ofthis title shall provide the city with public notification matenals (i.e. radius map, mailing list and labels as specified by 15 the city planner) and notice mailing fee equal to the current postage rate to cover the cost of mailing the notice 16 17 18 19 21 21.54.070 Reserved. SECTION CVIll: That Secfion 21.54.120 of the Carlsbad Municipal Code is amended to read as follows: 21 54 120 Announcement of decision and findings of fact. 20 A. When a decision is made pursuant to this title an announcement of the decision and findings of fact shall be provided when: 1 Pursuant to section 21.54.060 of this chapter, a public notice was provided for 22 the associated application; or 2. Notice of such decision is required to be provided pursuant to this section. 23 B. The decision-making body shall announce its decision in writing as follows: 1 The city planner shall announce his/her decision and findings by letter. 24 2. The planning commission shall announce its decision and findings by formal resolufion. ^.^ ,• ui x u * i 25 3. The city council shall announce its decision and findings (if applicable) by formal resolution or ordinance. 26 C. The announcement of decision and findings shall include: 1 A statement that the permit is approved, conditionally approved, or denied; 27 2. The facts and reasons which, in the opinion of the decision-making body, make 28 -62- (sH 1 the approval or denial of the permit necessary to carry out the provisions and general purpose of this title; 2 3. Such condifions and limitafions that the decision-making body may impose in the approval of the permit. 3 D. The announcement of decision and findings shall be mailed to: 1. The owner of the subject real property or the owner's duly authorized agent, the 4 project applicant and/or the applicant's representative at the address or addresses shown on the application filed with the planning division; 5 2. Any person who has filed a written request for a notice of decision; 3. Any person who filed a written request for an administrative hearing or to be 6 heard at an administrative hearing. SECTION CIX: That Section 21.54.125 is added to the Carlsbad Municipal 8 Code as follows: 9 21 54.125 Amendments to development permits. A. For purposes of this section, "development permit" means any permit, entitlement 10 or approval required pursuant to Titie 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. 11 B. Any approved development permit may be amended by following the same procedure required for the approval of said development permit (except that if the City Council ^2 approved the original permit, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee ^ ^ schedule adopted by the city council. C. If an approved development permit was issued pursuant to the provisions of Secfion 21 54.042 ofthis title, any amendment to said permit shall be acted on by the decision- making authority that approved the original permit, except that if the City Council approved the ^ ^ onginal permit, the Planning Commission shall have the authority to act upon the amendment. D. In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions. 17 SECTION CX: That Section 21.54.140 of the Carisbad Municipal Code is 18 21 22 23 24 amended to read as follows: 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood 9Q services director decisions. A. This section shall apply to those decisions or determinations of the city planner or housing and neighborhood services director made pursuant to this title or city planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and neighborhood services department" shall be interchangeable with "planning division;" and "housing and redevelopment commission" shall be interchangeable with "city council." B. Whenever the city planner is authorized, pursuant to this title, Titie 19, or Title 20 to make a decision or determination, such decision or determination is final and effective when the city planner's written determination is mailed or othenA/ise delivered to the person(s) affected 25 by the determination, whichever time is least restrictive. Within ten calendar days of the date that a decision or determination becomes final, a written appeal may be filed with the city 26 planner by an interested person. An individual member of the city council can be an interested person for purposes of the appeal. Filing of such an appeal within such time limits shall stay the 27 effect of the decision or determination of the city planner until such time as the planning 28 .63- "^-^ 1 commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that 2 the grounds for the requested acfion exist. Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the city planner in that the decision 3 was not supported by the facts presented to the city planner prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this 4 section shall be established by resolution of the city council. C. Upon the filing of an appeal, the city planner shall schedule the appeal for 5 hearing before the planning commission as soon as pracficable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. 6 The appeal hearing before the planning commission is de novo; however the planning commission shall consider only the evidence presented to the city planner for consideration in 7 the determination or decision being appealed. The planning commission shall determine al matters not specified in the appeal have been found by the city planner and are supported by substantial evidence. The planning commission may affirm, modify, or reverse the decision of the city planner, and make such order supported by substantial evidence as it deems 9 appropriate, including remand to the city planner with directions for further proceedings. The planning commission acfion on an appeal shall be final unless appealed to the city council, 10 pursuant to the provisions of Section 21.54.150. 11 SECTION CXI: That the list of sections in Chapter 21.58 of the Cartsbad ^2 Municipal Code is amended to read as follows: ^3 21.58.010 Nofice of violafion for non-compliance with condifions. 21.58.020 Revocafion of permits or variance. 21.58.030 Expirafion of permits. 21.58.040 Extensions. 16 17 SECTION CXII: That Section 21.58.030 of the Carlsbad Municipal Code is amended to read as follows: lo 21.58.030 Expiration of permits. Any permit or approval granted pursuant to this title becomes null and void if not 19 exercised within two years of the date of approval; however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than 20 the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040. 21 " 22 23 .. 21.58.040 Extensions. 24 (a) This section shall apply to extensions of time that may be granted to permits or approvals granted pursuant to this titie. 25 (b) The city planner may administratively, without a public hearing or nofice, extend the time within which the right or privilege granted under a permit or approval is valid, subject to 26 the following: (1) Prior to the expiration date of the permit or approval, the applicant shall submit a 27 written request for a time extension, along with payment of the application fee contained in the SECTION CXlll: That Secfion 21.58.040 is added to the Carisbad Municipal Code as follows: 28 -64- IK^^- 1 most recent fee schedule adopted by the city council. (2) Provided the written request for a time extension is timely filed, the permit shall 2 be automafically extended until a decision to approve, conditionally approve or deny the request is rendered; however, if a time extension is granted, it shall be based on the original approval 3 date. (3) The city planner shall extend the permit or approval for an additional two years, if 4 the following findings are made: (A) The permit or approval remains consistent with the general plan, all titles of this 5 code and growth management program policies and standards in place at the time the extension is considered; 6 (B) Circumstances have not substantially changed since the permit or approval was originally granted. 7 (C) The city planner may grant no more than three, two-year extensions, for a total cumulative time extension of six years; except however, that any permit or approval issued in 8 conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant 9 to Title 20 of this code. (D) All project related permits or approvals, which were granted concurrently, shall 10 be extended to expire concurrently, provided all such permits are extended pursuant to the provisions ofthis section. 11 (E) When granfing an extension of a permit or approval, the city planner may impose new conditions and may revise existing conditions. 12 (F) The city planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a permit or approval. A copy of the letter announcing the city planner's 13 decision shall be mailed to the applicant and/or the applicant's representative and to any person who has filed a written request to receive such nofice. 14 SECTION CXIV: That the list of secfions in Chapter 21.70 of the Carisbad 15 Municipal Code is amended to read as follows: 16 21.70.005 Authority for adopfion—Applicability. 17 21.70.010 Applicafion. 21.70.020 Fees and reimbursements. 18 21.70.030 Accounting requirements. 21.70.040 Notices and heanngs. 19 21.70.050 Decision-making authority. 21.70.060 Findings of fact. 20 21.70.070 Reserved. 21.70.080 Reserved. 21 21.70.090 Reserved. 21.70.100 Reserved. 22 21.70.110 Irregularity in proceedings. 21.70.120 Amendment and cancellation of agreement by mutual consent. 2-^ 21.70.130 Recordation. 21.70.140 Reserved. 21.70.150 Procedure for periodic review. 21.70.160 Modification or terminafion. 2^ 21.70.170 No damages on terminafion. 21.70.180 No vesfing of rights. 26 21.70.190 Reservation of rights. 27 28 -65- ^ 1 SECTION CXV: That Sections 21.70.010 and 21.70.020 of the Carlsbad 2 Municipal Code are amended to read as follows: 3 21.70.010 Application. A. An application for a development agreement may be made by any person having 4 a legal or equitable interest in real property for the development of the real property or by that person's authorized agent. The applicafion shall: 5 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the 6 application; and 3. Be accompanied by adequate plans, a legal description of the property involved 7 and all other materials as specified by the city planner. 4. Be accompanied by the form of development agreement agreeable to the city planner and city attorney. The proposed agreement shall contain all the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law, 9 including requirements that the applicant provide sufficient security approved by the city attorney to ensure provision of public facilities. 10 5. Be accompanied by a fiscal impact analysis, if the applicant claims that the project will have an economic benefit to the city. 11 B. The city planner shall require an applicant or the applicant's authorized agent to submit proof of interest in the real property and of the authority of the agent to act for the ^2 applicant. Before processing the applicafion, the city planner shall obtain the opinion of the city attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. 21.70.020 Fees and reimbursements. A. At the time of filing the application, the applicant shall pay the application fee ^ ^ contained in the most recent fee schedule adopted by the city council. 1. Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitlement required by this code. 2. The city may require the applicant to agree to pay the city's costs in negotiating, preparing and processing the development agreement, including the fees and expenses of special counsel and any other consultants engaged by the city in connection with the development agreement. 19 SECTION CXVI: That Secfion 21.70.025 of the Carisbad Municipal Code is " repealed. 2^ SECTION CXVll: That Sections 21.70.030 through 21.70.100 ofthe Carlsbad 22 23 24 Municipal Code are amended to read as follows: 21.70.030 Accounfing requirements. A. For any development agreement entered into on or after January 1, 2004, the city shall comply with Government Code Section 66006 et. seq., the Mitigation Fee Act, with 25 respect to any fee it receives or costs it recovers pursuant to this chapter. B. The Mitigation Fee Act requires the city to deposit developer fees or costs 26 reimbursements collected associated with the development agreement into a separate capital facilities account or fund and spend the money only for the purpose for which it was collected. 27 The city must provide an annual public report accounting for these funds. 28 -66- 1 21.70.040 Nofices and hearings. A. Notice of an application for a development agreement shall be given pursuant to 2 the provisions of section 21.54.060.A and 21.54.061 of this title. 3 21.70.050 Decision-making authority. A. An application for a development agreement may be approved, modified or 4 denied by the city council based upon its review of the facts as set forth in the application, the circumstances ofthe particular case, and evidence presented at the public hearing. 5 B. Prior to the city council's decision on a development agreement, the applicafion shall be processed as follows: 6 1. The city planner shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. 7 2. After the application is found to be complete, the city planner shall fonA/ard a copy of the application and proposed agreement to the city attorney for review. 8 3. If the applicant claims that the project will have an economic benefit to the city, the city planner shall fonA/ard a copy of the application, proposed agreement, and fiscal impact 9 analysis, to the finance director for review. 4. If the project is located within the coastal zone, the city shall fonA/ard copies of 10 any proposed development agreement to the California Coastal Commission for review and invite comments as to its consistency with the certified local coastal program. 11 5. The city planner shall review the applicafion and proposed agreement and shall prepare a report and recommendation to the planning commission on the agreement; said 12 report shall include the recommendations of the city attorney and finance director. 6. The planning commission shall hear and consider the applicafion and prepare a 13 recommendation and findings for the city council, including the matters stated in Section 21.70.050 of this chapter. 14 c. The city council shall hear the matter and consider the findings and recommendations of the planning commission. 15 D. The city council may approve the development agreement only if all the findings of fact in Secfion 21.70.060 of this chapter are found to exist. 16 E If the city council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the 17 effective date of the ordinance on behalf of the city. Before execution, each agreement shall be approved as to form by the city attorney. 18 21.70.060 Findings of fact. w ^ .u * 19 A. The city council shall not approve a development agreement unless it finds that the agreement: . 20 1 Is consistent with the objectives, policies, general land uses and programs 2j specified in the general plan, the certified local coastal program and any applicable specific 2 Is compatible with the uses authorized in and the regulations prescribed for the 22 land use district in which the real property is located and all other provisions of Title 21 of this 23 ^°^®' 3 |5 jp conformity with public convenience, general welfare and good land-use practices; • ,^ 4 Will not be detrimental to the health, safety and general welfare; 5. Will not adversely affect the orderiy development of property or the preservation of property values; ococn c 6. Is consistent with the provisions of Government Code Sections 65864—65869.5; 26 7 Where applicable, ensures provision of public facilities in a manner consistent 97 with the general plan; ^' 8. When applicable, is consistent with the provisions of Title 20 of this code; 28 . .67- 9. Will result in the provision of economic, environmental, recreational, cultural or social benefits to the city which would nbt be attainable without approval ofthe agreement. 21.70.070 Reserved. 21.70.080 Reserved. 21.70.090 Reserved. 21.70.100 Reserved. SECTION CXVIIl: That Section 21.70.140 of the Cartsbad Municipal Code is amended to read as follows: 21.70.140 Reserved. SECTION CXIX: That Section 21.70.160 of the Carlsbad Municipal Code is amended to read as follows: 1 2 3 4 5 6 7 8 9 10 11 21.70.160 Modification or terminafion. 12 A. , A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. 15 B. Notice of intention to amend or cancel any portion of the agreement shall be 14 given in the manner provided by Secfion 21.54.060.A ofthis title. j3 SECTION CXX: That Chapter 21.81 of the Carlsbad Municipal Code is 16 repealed. 17 SECTION CXXI: That the list of secfions in Chapter 21.83 of the Cartsbad 18 Municipal Code is amended to read as follows: 19 21.83.010 Purpose. 21.83.020 Definifions. 201 21.83.030 Exclusions. 21.83.040 Use chart. 21 21.83.050 Requirements for large family day care homes. 21.83.060 Child day care centers in the P-M and C-M zones. 22 21.83.070 Reserved. 21.83.080 Development standards for child day care centers. 23 24 25 „ 21.83.040 Use Chart. 26 The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements of this chapter. 27 -68- SECTION CXXII: That Secfions 21.83.040 through 21.83.070 of the Cartsbad Municipal Code are amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "P" indicates that the use is permitted in the zone. "LDCP" indicates that the use is permitted subject to approval of a large family day care permit, processed in accordance with Secfion 21.83.050 ofthis chapter. "MCUP" indicates that the use is permitted subject to approval of a minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this title. "CUP" indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 ofthis title. "X" indicates that the use is prohibited in the zone. Zoning Small Family Day Care Home (8 or fewer children) Large Family Day Care Home (14 or fewer children) Child Day Care Center R-A, R-E, E-A P LDCP(I) X R-1 P LDCP(I) X R-2 P LDCP(1) X R-3, RD-M, R-P P LDCP(I) MCUP(2)(3) R-T, R-W, RMHP P LDCP(I) X 0 X X MCUP(2)(3) H-O X X P(2) C-F X X MCUP(2)(3) C-1, C-2, C-L X X P(2) P-M. C-M X X CUP(5) M, P-U, O-S, L-C, T-C, C-T X X X V-R, P-C (4) LDCP(1)(4) (2)(3)(4) (1) Permitted only when the large family by a detached, single-family dwelling, subject to the provisions of Section 21.83.050 of this chapter. (2) Permitted subject to the provisions of Section 21.83.080 of this chapter. (3) Child day care centers are allowed as a permitted use (no conditional use permit or minor condifional use permit required) within existing buildings on developed church or school sites, subject to the provisions of Section 21.83.080 of this chapter. (4) ' Permitted subject to the standards of the controlling document (Cartsbad Village Master Plan and Design Manual or designated master plan). (5) Permitted subject to the provisions of Section 21.83.060 and 21.83.080 of this chapter. 21.83.050 Requirements for large family day care homes. A. The applicant shall obtain all licenses and permits required by state law for operation ofthe facility and shall keep all state licenses or permits valid and current. B. Large family day care permit. No large family day care home shall operate without first obtaining a large family day care permit issued by the city. 1. Application and fee. a. An application for a large family day care permit may be made by the owner of the property affected or the authorized agent of the owner. The applicafion shall: i. Be made in writing on a form provided by the city planner; ii. State fully the circumstances and conditions relied upon as grounds for the applicafion; and -69-71 1 iii. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner. 2 iv. Applicants who reside on rented or leased property shall provide proof of wntten notice to the landlord or owner of the property that they intend to operate a family day care 3 home on the rented or leased premises in accordance with Section 1597.40 of the California Health and Safety Code. 4 b. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 5 2. Decision-making authority, a. The city planner shall approve the large family day care permit if the city planner 6 finds that the request complies with the requirements of this section. 3. Announcement of decision and findings of fact. 7 a. When a decision on a large family day care permit is made pursuant to this chapter, the decision-making body shall announce its decision in wnting in accordance with the 8 provisions of Secfion 21.54.120 of this title. 4. Effective date and appeals. 9 a. The decision of the city planner made pursuant to this section shall become effective or may be appealed in accordance with Section 21.54.140 ofthis title. 10 5. Expirafion, extensions and amendments. a. The expiration period for a large family day care permit shall be as specified in 11 Section 21.58.030 ofthis title. b. A large family day care permit may be extended pursuant to Section 21.58.040 of 12 this title. c. A large family day care permit may be amended pursuant to Section 21.58.124 of 13 this title. C. Development Standards. 14 1 The facility shall comply with all zoning standards othenA/ise applicable to other single-family residences, however, the use of a detached, single-family dwelling for the 15 purposes of this section shall not constitute a change of occupancy for purposes of Title 18 of this code. 16 2. The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 17 24 of the California Code of Regulafions as amended from time to time. 3. The subject site shall not be located closer than one thousand two hundred lineal feet from any other large family day care home on the same street. 4. An outdoor play area which satisfies the .requirements of the state, community ^9 care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The provider 20 shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall stagger the number of children playing outdoors at any one time to reduce noise impacts on surrounding residences. 5. All outdoor play areas shall be adequately separated from vehicular circulation 22 and parking areas by a strong fence such as chain link, wood or masonry. 6. Required garages shall be prohibited for use as a family day care home and shali 2^ be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway. 24 7 The applicant shall designate the onsite driveway as the official drop-off and pick- up area for children and shall notify parents of this requirement. Said driveway shall remain free and clear of parked cars. 8. The applicant shall require that employees park in locafions which will not inconvenience nearby residents. To disrupt the neighborhood as littie as possible, best efforts shall be made by the applicant to require employees tb park as close as possible'to the family day care home. 21 25 26 27 28 -70- ''P 1 21.83.060 Child day care centers in the P-M and C-M zones. 2 A. Child day care centers are permitted in the P-M and C-M zones with a conditional use permit (process two) processed in accordance with Chapter 21.42 of this title, and subject 3 to Section 21.83.080 of this chapter and the following provisions: 1. The applicant shall conduct an evaluation of the health and safety risks 4 associated with the proposed child day care center. The evaluation shall include a survey of all businesses within one thousand feet of the proposed child day care center to determine the 5 nature and quantity of hazardous materials in use nearby, if the conditional use permit is granted, thereafter, the provider shall conduct similar annual evaluations and disclose results to 6 the fire chief and city planner. The evaluations must demonstrate to the satisfaction of the fire chief and city planner thatthe occurrence ofthe following within one thousand feet of the child 7 care center presents no significant health or safety risks to the occupants: a. Use or storage of acutely hazardous materials in amounts above the threshold 8 planning quantities (TPQs); b. Use or storage of more than ten thousand gallons of fiammable liquids; or 9 c. Use or storage of more than one thousand five hundred pounds of fiammable compressed gas. 10 2. Prior to enrollment of the child in the child day care center, the provider shall, in writing, inform the child's parents that their child(ren) may be subject to health and safety nsks 11 due to the presence, use and discharge of hazardous materials (including acutely hazardous materials above the TPQs) in the area. Parents shall also be informed that the provider may be 12 required to retain custody of their children for extended time periods dunng an emergency. 3. Prior to occupancy, the provider shall prepare and obtain approval by the fire 13 chief of an emergency operating plan which prescribes procedures to be followed during the existence of the child day care center which ensure the following: 14 a. That children can be evacuated from the building within five minutes and relocated to a predetermined refuge area(s) within ten minutes of emergency notification; and 15 b. Quarterly exercise of the plan. 4. The applicant shall enter into an agreement with the city to discontinue operation 16 of the child day care center immediately upon the discovery of the existence of hazardous materials as described in Section 21.83.060A.1.a above when such materials are found by the 17 fire chief and city planner to present a health and safety risk to children attending the child day care center. The applicant shall have ninety days to mitigate, to the satisfaction ofthe fire chief, ^ 8 the impacts created by the use of said hazardous materials. If impacts are not mitigated within ninety days, the conditional use permit for the child day care center shall become null and void. The applicant shall agree to indemnify and hold the city and its officers, employees, and agents free and harmless from any claims, actions, damages, costs, or expenses arising from exposure 20 of children to hazardous substances as a result of the presence of the former in or near the child day care center. The fire chief or city planner are authonzed to enter into the agreement on 2^ behalf of the city. 5. The applicant shall submit a conversion plan at the time of application which 22 demonstrates to the satisfaction of the city planner and the fire chief that the child day care center could be converted to a use permitted within the zone if the conditional use as a child day 2^ care Center is discontinued. 6. Upon acceptance of a complete application and payment of the required fees, the city planner shall process the application in accordance with Chapter 21.54 of this title except that notices shall be given to all property owners within one thousand feet of the subject property. 25 26 27 21.83.070 Reserved. 28 -I -71- /J3 Table A 1 SECTION CXXlll: That Section 21.84.040 of the Cartsbad Municipal Code is 2 amended to read as follows: 3 21.84.040 Use table. A. Housing for senior citizens is permitted subject to the approval of a minor site 4 development plan (MSDP) or site development plan (SDP) in certain zones as indicated in the following table: 5 6 7 8 9 10 11 rnjuoii ly IWI ov^i UVI \.>tt.i£-\^i to iwMi V...IVW/ .www — -~ -l-I- 12 site development plan, and housing for senior citizens with five units or more shall be subject to the approval of a site development plan. 13 ^ The city may approve a minor site development plan or site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property 14 permits residential uses. ^ May be permitted subject to the standards of the controlling document (i.e., in V-R zone - 15 Cartsbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. 16 " 17 18 Zone Housing for Senior Citizens R-3 MSDP/SDP' R-P MSDP/SDP'-' R-T MSDP/SDP' R-W MSDP/SDP' RD-M MSDP/SDP' V-R See note 3, below P-C See note 3, below Note- Housing for Senior Citizens is prohibited in those zones not indicated. SECTION CXXIV: That Secfions 21.84.080 and 21.84.090 of the Cartsbad Municipal Code are amended to read as follows: 21.84.080 Application process. 19 A. Preliminary Review Applicafion. A preliminary review application may be submitted prior to the submittal of a formal application (note: if the project includes a request for 20 a density bonus, a preliminary review application is required). 1. The preliminary review application shall include the following information: 21 a. A brief description of the proposal including the total number of senior units, density bonus units and affordable senior units proposed: 22 b. The general plan and zoning designations and assessor's parcel number(s) of the project site; 23 c. A site plan, drawn to scale, which includes: building footpnnts, driveway and parking layout, existing contours and proposed grading; and 24 d. A letter identifying what specific incentives (i.e., density bonus, standards modifications or financial incentives) are being requested ofthe city, if any. 25 2. After review of the preliminary application, the planning division shall provide to an applicant a letter identifying project issues of concern to staff, and the incentives or 26 assistance that the city planner can support when making a recommendation to the final decision-making authority. 27 B. Formal Application. Except as othenA/ise provided in this chapter, a minor site 28 -72- development plan or site development plan for housing for senior citizens shall be processed in accordance with the provisions of Chapter 21.06 ofthis title, excluding Secfion 21.06.020.B. The findings for approval of a minor site development plan or site development plan for housing for senior citizens are specified in Section 21.84.090 of this chapter. 1. In addition to the application requirements specified in Chapter 21.06, a minor site development plan or site development plan application for housing for senior citizens shall include the following information: a. If a density bonus or other incentives are requested, a letter shall be submitted signed by the present owner stating how the project will comply with Government Code Section 65915 and stating what is being requested from the city, (i.e., density bonus, modification of development standards or other additional incentives); b. A detailed vicinity map showing the project locafion and such details as the nearest market, transit stop, park or recreation center, medical facilities or other related uses and services likely to be patronized by senior citizens; c. A set of ftoor plans for each different type of unit indicafing a typically furnished apartment, with dimensions of doonA/ays, hallways, closets and cabinets; d. A floor plan of the first floor or other floor showing any common areas and accommodafions; 10 e. A monitoring and maintenance plan; and 2. The decision-making authority for the minor site development plan or site 11 development plan shall be as specified in Chapter 21.06 of this titie, unless the project involves a request for financial incentives from the city. If financial incentives are requested, the city 12 council shall have the authority to approve, condifionally approve or deny: a. The minor site development plan or site development plan, upon a 13 recommendafion from the planning commission, and b. The request for financial incentives, upon a recommendation from the housing 14 commission. C. Building permit. At the fime of plan submittal for building permits, in addition to 15 other required information, the applicant shall submit a set of detailed drawings for kitchens and bathrooms indicafing counter and cabinet heights and depth, type of pulls, faucets, grab-bars, 16 tub and/or shower dimensions, and handicapped turn space where appropnate. 17 21.84.090 Findings for approval. 18 A. A minor site development plan or site development plan for housing for senior citizens shall be approved only if the following findings are made: 19 1 The project is consistent with the various goals, objectives, policies and programs ofthe general plan, the provisions of municipal code title 21 (zoning ordinance), the 20 local coastal program (if applicable), and/or the provisions of an applicable master or specific Ol P'an; 2. The project site is adequate in size and shape to accommodate the proposed project; 3. The project is properly related to and will not adversely impact the site, surroundings and environmental settings, and will not be detrimental to existing uses specifically 2-^ permitted in the area in which the proposed project is to be located; 4. The project shall not result in density or design that is incompatible with other land uses in the immediate vicinity, and the project will provide and maintain all yards, setbacks, walls, fences, landscaping, and other features determined necessary to provide compatibility with existing or permitted future uses in the neighborhood; 5. The street system serving the proposed project is adequate to properiy handle all traffic generated by the project; and 25 26 27 28 -73- 7- 13 14 6. The request for a density bonus and/or additional incentive(s) is consistent with the provisions of Chapter 21.86 ofthis code. (This finding shall only apply to projects requesfing a density bonus and/or additional incentives). SECTION CXXV: That Secfion 21.90.050(c) of the Carisbad Municipal Code is amended to read as follows: (c) The amount of the fee for a local facilities management zone shall be set by city council resolution after a public hearing, published notice of which shall be given according to Section 21.54.060.A.2 and Government Code Section 54992. 7 SECTION CXXVI: That Section 21.90.100(c) ofthe Carisbad Municipal Code 8 is amended to read as follows ^ (c) The zones shall be established by resolution after a public hearing notice of J Q which is given pursuant to Secfion 21.54.060.A.2 of this code J J SECTION CXXVll: That Section 21.90.125(a) ofthe Carlsbad Municipal Code 12 is amended to read as follows: (a) Facilities management plans shall be reviewed according to the following procedure: (1) A completed facilities management plan complying with this chapter, and accompanied by a processing fee submitted to the planning director for processing. If the 15 planning director determines that the plan complies with the provisions of Secfion 21.90.110 the director shall set a facilities management plan for public hearing before the planning 16 commission within sixty days of receipt of a complete application. (2) The hearing shall be noticed according to the provisions of Section 17 21.54.060.A.2. A staff report containing recommendation on the plan shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing. (3) The planning commission shall hear and consider the applicafion for a facilifies management plan and shall by resolution prepare recommendations and findings for the city 19 council. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the owners within the facility zone. 20 (4) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according 21 to the provisions of Section 21.54.060.A.2. (5) The city council shall hear the matter, and after considering the findings and 22 recommendations of the planning commission, may approve, conditionally approve or deny a facilities management plan. The city council may include in the resolution adopting the facilities 23 management plan any fees or facilities improvement requirements which it deems necessary tb impose on development projects within the zone in order to implement the city-wide facilities 24 and improvement plan and the local facilities management plan. 25 SECTION CXXVIII: That Chapter 21.95 of the Carisbad Municipal Code is 26 amended to read as follows: 27 CHAPTER 21.95 2« .74- 26 27 28 1 HILLSIDE DEVELOPMENT REGULATIONS 2 Sections: 21.95.010 Purpose and intent. 3 21.95.020 Definitions. 21.95.030 Applicability of minor hillside development permit and hillside development 4 permit. 21.95.040 Exemptions from minor hillside development permit and hillside development 5 permit. 21.95.050 Application and fees. 6 21.95.060 Notices and hearings. 21.95.070 Decision-making authority. 7 21.95.080 Required findings. 21.95.090 Announcement of decision and findings of fact. 8 21.95.100 Effective date and appeals. 21.95.110 Expiration, extensions and amendments. 9 21.95.120 Minimum development of hillside lands. 21.95.130 Hillside mapping procedures. 10 21.95.140 Hillside development and design standards. 21.95.150 Exclusions. 11 21.95.160 Modificafions to the development and design standards. 12 21.95.010 Purpose and intent. The purposes and intent of this chapter are to: 13 A. Implement the goals and objectives of the land use and open space/conservation elements of the Carisbad general plan; 14 B. Assure hillside conditions are properiy identified and incorporated into the planning process; 15 c. Preserve and/or enhance the aesthetic qualities of nature hillsides and manufactured slopes by designing projects which relate to the slope of the land, minimizing the 16 amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locafions; 17 D. Assure that the alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased 18 erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur. 19 21.95.020 Definifions. 20 The following definifions are established: A. Whenever the following terms are used in this chapter, they shall have the 2^ meaning established by this section: 1. "Collector street" means any street with a minimum right-of-way width of sixty 22 ^get ^hich intersects with a circulation element road and provides either primary or secondary access to a residential or nonresidential project. 2-^ 2. "Contour grading" means a grading concept designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical Curve vanations should be used for slope banks. 3. "Development" means grade, erect or construct. 25 4 "Downhill perimeter slope" means a slope located between a pad or gently sloping area (gradient is less than ten percent) of a single lot and the property line that is at a lower level than the pad or gently sloping area ofthe lot. 5. "Grade" means to excavate or fill or any combination thereof -75-7*/ 1 6. "Manufactured slope" means a man-made slope consisting wholly or partially of either cut or fill material. 2 7. "Natural slope" means a slope which is not manufactured. 8. "Project" means any proposal for "development." 3 9. "Slope" means ground that forms a natural or artificial incline. 10. "Total graded area" means all areas of project grading (both on-site and off-site) 4 which are necessary to enable the achievement of the project. 11. "Uphill penmeter slope" means a slope located between the pad or gently sloping 5 area (gradient is less than ten percent) of a single lot and a property line located at a higher level than the pad or gently sloping area of the lot. 6 21.95.030 Applicability of minor hillside development permit and hillside development 7 permit. A. Unless exempt pursuant to Secfion 21.95.040 of this chapter, no person shall 8 grade, or erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet without first obtaining a minor hillside 9 development permit or hillside development permit pursuant to this chapter. 10 B. A minor hillside development permit shall be required, except as specified in subsection C of this section. 11 C. A hillside development permit shall be required if the permit application is 12 processed concurrently with any other permit(s) for which the Planning Commission or City Council is the decision-making authority. 13 21.95.040 Exemptions from minor hillside development permit and hillside development 14 permit. A. The following developments are exempt from the requirement to obtain a minor 15 hillside development permit or hillside development permit, provided that the development complies with Secfion 21.95.140 ofthis chapter and the city's hillside development and design 16 guidelines: 1. The development of one single-family dwelling unit on a residentially zoned lot; 17 2. On a single lot, the additional development (i.e.; regrading, slope alteration or building encroachment) of or upon any manufactured slope with a gradient of forty percent or ^ 8 greater and an elevational difference (height) of fifteen feet or greater which has been previously graded consistent with an authorized grading permit; 19 3 The development (trenching, ufility construction and backfilling) of underground _ _ utility systems. 20 B. Any development exempted by 21.95.040.A above, which does not comply with Section 21.95.140 and the city's hillside development guidelines, must submit an applicafion for 2^ a hillside development permit or hillside development permit amendment in order to obtain an exclusion from or modification to the development and design standards pursuant to this 22 26 chapter. 9'j 21.95.050 Application and fees. A. An applicafion for a minor hillside development permit or hillside development permit may be made by the owner of the property affected or the authorized agent of the owner. 9;. The application shall: 1. Be made in writing on a form provided by the city planner; 2. . State fully the circumstances and conditions relied upon as grounds for the application; and 97 3. Be accompanied by: a. A legal description of the property involved. 28 -76- Tt b. Adequate plans that allow for detailed review pursuant to this chapter and demonstrate compliance with the hillside mapping procedures in Section 21.95.130. c. All other materials as specified by the city planner. B. At the fime of filing the applicafion, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 4 21.95.060 Nofices and hearings. A. Nofice of an applicafion for a minor hillside development permit shall be given 5 pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. B. Nofice of an applicafion for a hillside development permit shall be given pursuant to the provisions of Secfions 21.54.060.A and 21.54.061 ofthis title. 21.95.070 Decision-making authority. A. Applications for minor hillside development permits and hillside development permits shall be acted upon in accordance with the following: 1. Minor hillside development permit. 9 a. An application for a minor hillside development permit may be,, approved, conditionally approved or denied by the city planner based upon his/her review of the facts as 10 set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 11 21.54.060.B.2 of this title. b. The city planner may approve or conditionally approve the minor hillside 12 development permit if all of the findings of fact in Section 21.95.080 of this chapter are found to exist. 13 2. . Hillside development permit a. An applicafion for a hillside development permit may be approved, condifionally 14 approved or denied by the planning commission or city council, as specified in Section 21.54.040 ofthis title. 15 b. The decision on a hillside development permit shall be based upon the decision- making authority's review of the facts as set forth in the application, of the circumstances of the 16 particular case, and evidence presented at the public hearing. c. The decision-making authority shall hear the matter, and may approve or 17 condifionally approve the hillside development permit if all of the flndings of fact in Section 21.95.080 of this title are found to exist. 18 21.95.080 Required findings. 19 A. No minor hillside development permit or hillside development permit shall be approved unless the decision-making authority finds that: 20 1 Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properiy identified; 21 2. The project complies with the purpose and intent provisions of Secfion 21.95.010 of this chapter; 3. The project complies with Section 21.95.140 ofthis chapter and Secfion 21.95.160 if a modification to the development and design standards is approved; 23 4 The project design substanfially conforms to the hillside development guidelines 24 26 27 28 manual. 9«- 21.95.090 Announcement of decision and findings of fact. A. When a decision on a minor hillside development permit or hillside development permit is made pursuant to this chapter, the decision-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 21.95.100 Effective date and appeals. -77- 7^ A. Decisions on minor hillside development permits and hillside development permits shall become effective unless appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 ofthis title. 21.95.110 Expiration, extensions and amendments. A. The expiration period for an approved minor hillside development permit or hillside development permit shall be as specified in Secfion 21.58.030 ofthis title. B. The expiration pertod for an approved minor hillside development permit or hillside development permit may be extended pursuant to Section 21.58.040 of this title. C. An approved minor hillside development permit or hillside development permit may be amended pursuant to the provisions of Section 21.54.125 of this title. 1. Unless exempted by Section 21.95.040, an amendment to a minor hillside development permit or hillside development permit shall be required for any portion of a project which has a minor hillside development permit or hillside development permit that is proposed for redesign and othenA/ise requires a minor hillside development permit or hillside development permit per Secfion 21.95.030. 21.95.120 Minimum development of hillside lands. 10 The provisions of this chapter shall be applied so as to: A. Not preclude a reasonable use of a legal parcel which includes hillside conditions 11 as regulated by this chapter; B. Not preclude the efficient and safe provision of public facilities or services to any 12 legal parcel; and C. Allow development of at least one single-family dwelling unit per parcel described 13 in subsection (A) of this section. 14 21.95.130 Hillside mapping procedures. A slope analysis and slope profiles shall be illustrated on a constraints map, and shall 15 accompany all development submittals which propose grading or development of slopes which have a gradient of fifteen percent or more and have an elevafion differential greater than fifteen feet. , ^ A. Slope Analysis. The slope analysis shall identify the acreage of all natural and 17 manufactured slopes within each ofthe following slope categories. 1. 0 — less than 15% slopes 18 2. 15 —lessthan 25% slopes 3. 25 — 40% slopes and 19 4. Slopes greater than 40% 5. Percentage of slope is determined by: Vertical Distance 21 (Contour interval) x 1 QQ = % Slope Horizontal Distance 22 (Distance between 2^ contour intervals) B. Slope Profiles. A minimum of three slope profiles (stope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall: 1. Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; 2. Show both existing and proposed topography, structures and surface infrastructure. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line; 28 .7g. ^ 16 25 26 27 1 3. Include the slope profile for at least one hundred feet outside of the project site boundary or adjacent public street; 2 4. Be drawn along those locations of the project site where: a. The greatest alteration of the existing topography is proposed, 3 b. The most intense or bulky development is proposed, and c. The site is most visible from surrounding land uses; 4 5. Two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty- 5 five degree angle to the other slope profiles and existing contour lines. C. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope 6 profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope 7 analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistent with this section. D. Development which is exempt per Section 21.95.040 or excluded per Section 21.95.150 is generally exempt from the hillside mapping requirements of this section except in 9 cases where the city planner determines that hillside mapping is necessary to assess project compliance with the hillside ordinance. 10 21.95.140 Hillside development and design standards. 11 The provisions of this section shall apply to all projects that propose to grade, erect or construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen 12 percent or more and an elevation differential greater than fifteen feet. A. Coastal Zone Hillside Development Regulations. 13 1. All development on natural slopes, of twenty-five percent or greater within the coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 ofthe Cartsbad 14 Municipal Code and the slope protecfion policies of the applicable local coastal program segment. Additionally, all hillside development processed pursuant to this chapter shall be 15 consistent with all applicable provisions and policies of the certified local coastal program(s) and shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in 16 case of conflict between this section and any other provision of Chapter 21.95, Hillside Development Regulations, this section shall apply. 17 B. Development of Natural Slopes of Over Forty Percent Gradient. 1. Natural slopes which have all of the following characteristics shall be undevelopable: a. A gradient of greater than forty percent; and 19 b. An elevation differential of greater than fifteen feet; and c. A minimum area often thousand square feet; and 20 d The slope comprises a prominent land form feature. 2. Outside the coastal zone, projects which propose the development of natural 2^ slopes defined in Section 21.95.140(B)(1) shall nevertheless be allowed, only ifthe project qualifies as an exclusion or obtains a modification, pursuant to Secfions 21.95.150 and 21.95.160, respectively. C. Development of Manufactured Slopes of Over Forty Percent Gradient. 23 1 Manufactured slopes which have a gradient of greater than forty percent and an elevation differential of greater than fifteen feet shall be subject to the following development standards. a. Development of Uphill Perimeter Slopes. 25 (j) The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the toe of slope: 27 (A) Main building(s); (B) Accessory buildings; and 22 24 28 -79- 1 (C) Retaining walls, (ii) Decks may be constructed upon an uphill perimeter manufactured slope up to 2 the required building setback(s) of the underiying zone. b. Development of Downhill Perimeter Slopes. 3 (i) For nonresidential projects only, the following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of six vertical feet as 4 measured from the existing grade at the top slope: (A) Decks; and 5 (B) Retaining walls. (ii) Deck surface areas shall be allowed to extend to the same point that a six-foot 6 vertical retaining wall would be permitted. (iii) No main or accessory building may encroach over the top/edge of a Downhill 7 Perimeter Slope. c. The manufactured slope standards, within this section do not apply to 8 manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot). 9 D. Volume of Grading. 1. The volume of earth moved for cuts and fills shall be minimized. 10 2. The relative acceptability of hillside grading volume shall be determined by the following: 11 12 13 14 15 „ 3. The methodology for determining the volumes of both the cut and fill in cubic 16 yards shall be calculated as follows. A grading and preliminary grading plan shall be prepared and shall include: the cut or fill volumes noted for each particular cut or fill and the total volume 17 of cut and fill for the project. The larger volume of the total cut or total fill volumes divided by the total graded area (in acres) shall equal the volume of hillside grading for the project. 4. Applications proposing grading volumes which are potentially acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan, ^ ^ submit for review specific written findings justifying the reasons for the amount of grading, subject to the approval of the city planner and city engineer. 20 5 Applications proposing grading volumes which are unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be allowed only if they qualify as an exclusion 2^ or modificafion pursuant to Sections 21.95.150 and 21.95.160 ofthis chapter respectively. E. Slope Height. 1. Manufactured slopes shall not be greater than forty feet in height. 2. Slope Height Exclusions. See Section 21.95.150 of this chapter. F. Contour Grading. 1. All manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a • circulation element road, collector street or useable public open space area shall be contour graded. 2. Contour graded slopes that are developed in nonresidential projects shall be designed to vary slope gradients between fifty percent (2:1 slope ratio) and thirty-three percent 27 (3:1 slope ratio). G. Screening Manufactured Slopes. Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in acres) Relative Sensitivity of Hillside Grading Volume 0 - 7,999 cubic yards/acre Acceptable 8,000 - 10,000 cubic yards/acre Potentially acceptable > 1.0,000 cubic yards/acre Unacceptable 23 24 25 26 28 -80- 1 1. All manufactured slopes shall be landscaped consistent with the city's landscape manual. 2 H. Hillside and Hilltop Architecture. 1. Hillside and hilltop structures shall be consistent with the architectural guidelines 3 included within the city's hillside development guidelines. 1. Slope Edge Building Setbacks (pursuant to this chapter). 4 1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building forms which would be visually incompatible with hillside 5 landforms. Notwithstanding the building setback requirements of the undertying zone, all main and accessory buildings that are developed on hilltops and/or pads created on downhill 6 perimeter slopes of greater than fifteen feet in height shall be setback so that the building does not intrude into a .7 foot horizontal to one foot vertical imaginary diagonal plane that is 7 measured from the edge of slope to the building. For all buildings which are subject to this slope edge building setback standard, a profile of the diagonal plane shall be submitted with all other 8 development application requirements. 2. Building setbacks pursuant to this chapter do not apply to: 9 a. Slopes which are less than fifteen feet in height; b. The intervening slopes of split-level pads which are located on a single lot, but do 0 apply to the edge of slope of the lowest pad; c. Downhill slopes which are located along the sideyards of residential lots; and 11 d. Substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the property. 12 3. If a downhill perimeter slope is regraded (filled) consistent with Secfion 21.95.140(C) ofthis chapter, and a vertical retaining structure is used, then the required building 13 setback shall be measured from the edge of slope which existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be of an open design which does 14 not visually extend the height of the slope. Excepfions to this may include, but are not limited to, noise attenuation walls, privacy walls or security walls. 15 J. Roadway Design. 1. Hillside roadway design shall be consistent with the city's hillside development 16 guidelines manual. K. Hillside Drainage. 17 1 Hillside drainage shall be consistent with the city's hillside development 1 21 24 25 26 27 28 guidelines. 21.95.150 Exclusions. 19 A. Outside the coastal zone, the following are excluded from the hillside development and design standards of Section 21.95.140: 20 1 Hillside areas where a circulation element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 2. Grading volumes, slope heights and graded areas which are directly associated 22 with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 2-^ 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of or grading. B. Within the coastal zone, grading for construction of circulation element roadways are excluded from Sections 21.38.141(C)(1)(a) and 21.203-.040(A)(1) ofthe municipal code. 21.95.160 Modifications to the development and design standards. A. Outside the coastal zone, the decision-making body or official may approve a modificafion to the hillside development and design standards of Secfion 21.95.140 if it finds -81- 1 that the proposed development complies with the purpose and intent provisions of Section 21.95.010 and makes one or more ofthe following findings: 2 1. The proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.140. 3 2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a stnct adherence to 4 the requirements of Section 21.95.140. 3. The proposed modifications will result in the preservation of natural habitat as 5 required by the city's habitat management plan and the required amount of preservation could not be achieved by strict adherence to the requirements of Secfion 21.95.140 of this chapter. 6 B. Any request for a modification to the development and design standards of this chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a 7 site would be developed with a strict adherence to the requirements of Section 21.95.140. The second set shall illustrate the extent and type of the requested modification. This plan shall also 8 be accompanied by any other documentafion needed by the decision-making body to determine that the proposed modifications will result in a superior project with less adverse environmental 9 impacts. C. If a modification is proposed to allow grading in excess of ten thousand cubic 10 yards/acre of cut or fill, or a manufactured slope in excess of forty feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction 11 of the decision-making body or official. In addifion, a detailed mitigafion and landscaping plan shall be submitted as part ofthe applicafion. This plan shall illustrate the mifigafion measures 12 and landscaping utilized to screen the proposed grading. D. Development on land designated for nonresidential development shall comply 13 with all requirements ofthis chapter except Sections 21.95.140(D) and 21.95.140(E). Any nonresidential project proposing grading in excess of ten thousand cubic yards per acre or 14 creating slopes in excess of forty feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decision-making body. 15 E. Inside the coastal zone, the decision-making body or official may approve encroachments to slopes of twenty-five percent grade and over in order to preserve natural 16 habitats required by the city's habitat management plan, in accordance with Chapter 21.203 of the municipal code, provided that the required amount of preservation could not be achieved by 17 strict adherence to the requirements of Secfions 21.95.140(A) and (B) ofthis chapter. 18 19 20 21 SECTION CXXIX: That the list of secfions in Chapter 21.110 of the Carlsbad Municipal Code is amended to read as follows: 21.110.010 Statutory authorizafion. 21.110.020 Reserved. 21.110.030 Statement of purpose. 22 21.110.040 Methods of reducing ftood losses. 21.110.050 Definifions. 23 21.110.060 Lands to which this chapter applies. 21.110.070 Basis for establishing the areas of special flood hazard. 24 21.110.080 Compliance. •21.110.090 Abrogation and greater regulations. 25 21.110.100 Interpretation. 21! 110.110 Warning and disclaimer of liability. 26 21:110.120 Severability. 21.110.130 Designation of floodplain administrator. 27 21.110.140 Duties and responsibilities ofthe floodplain administrator. 21.110.150 Special use permit. 28 -82- 1 21.110.160 Standards of construction. 21.110.170 Standards for utilities. 2 21.110.180 Standards for subdivisions. 21.110.190 Standards for manufactured homes. 3 20.110.195 Standards for recreational vehicles. 21.110.200 Floodways. 4 21.110.210 Coastal high hazard areas. 21.110.220 Mudslide (i.e., mudflow) prone areas. 5 21.110.230 Flood-related erosion-prone areas. 21.110.240 Variances. 6 " 7 8 9 SECTION CXXX: That Section 21.110.050 of the Carlsbad Municipal Code is amended to read as follows: 21.110.050 Deflnitions. A. For the purposes of this chapter, the following words and phrases have the 10 meaning respectively ascribed to them by this section: 1. "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood 11 Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearty deflned channel does not exist; the path of flooding is unpredictable and indeterminate; and 12 velocity flow may be evident. 2. "Area of special flood-related erosion hazard" means the area subject to severe 13 flood related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map (FIRM). 14 3. Area of Special Flood Hazard. See "Special flood hazard area". 4. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM). 5. "Base flood" means the flood having a one percent chance of being equaled or 17 exceeded in any given year (also called the one-hundred-year flood). 6. "Basement" means any area of the building having its floor subgrade (below 18 ground level) on all sides. 7. "Breakaway walls" means any type of walls, whether solid or lattice, and whether 19 constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away 20 under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried 21 by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot Use of breakaway walls must be certified 22 by a registered engineer or architect and shall meet the following conditions: a. Breakaway wall collapse shall result from a water load less than that which would 23 occur during the base flood; and b. The elevated portion of the building shall not incur any structural damage due to 24 the effects of wind and water loads acting simultaneously in the event of the base flood. 8. "Coastal high hazard area" means the area subject to high velocity waters, ncluding coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance 26 Rate Map (FIRM) as zone VI-30, VE or V. 27 28 1 9. "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, tilling, 2 grading, paving, excavation or drilling operations. 10. "Existing manufactured home park or subdivision" means a manufactured home 3 park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the 4 construction of streets, and either flnal site grading or the pounng of concrete pads) is completed before October 11,1988. 5 11. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the 6 manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either flnal site grading or the pouring of concrete pads). 7 12. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas due to: 8 a. The overflow of floodwaters, b. The unusual and rapid accumulation or runoff of surface waters from any source, 9 and/or c. The collapse or subsidence of land along the shore of a lake or other body of 10 water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body ^ ^ of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarty unusual and unforeseeable event which ^2 results in flooding as defined in this definition. 13. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. 14. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal 15 Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 16 15. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood proflles, the FIRM, the Flood Boundary and 17 Floodway Map, and the water surface elevation of the base flood. 16. "Floodplain" or "flood-prone area" means any land area susceptible to being 18 inundated by water from any source. See deflnition of flooding. 17. "Floodplain management" means the operation of an overall program of corrective and preventive measures of reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. 18. "Floodplain management regulations" means zoning chapters, subdivision 21 regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other applications of police power. 22 The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. 23 19. "Floodprooflng" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or 24 improved real property, water and sanitary facilities, structures and their contents. 20. "Floodway" means the channel of a river or other watercourse and the adjacent 25 land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory 26 floodway." 21. "Functionally dependent use" means a use which cannot perform its intended 2^ purpose unless it is located or carried out in close proximity to water. The term includes only 13 14 28 -84- 10 1 docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage 2 or related manufacturing facilities. 22. "Highest adjacent grade" means the highest natural elevation of the ground 3 surface prior to construcfion next to the proposed walls of a structure. 23. "Historic structure" means any structure that is: 4 a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Intenor) or preliminartly determined by the Secretary of the 5 Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as 6 contributing to the historical significance of a registered historic distnct or a district preliminartly determined by the Secretary to qualify as a registered historic district; 7 c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or d. Individually listed on a local inventory of historic places in communifies with historic preservation programs that have been certified either by an approved state program as 9 determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. 24. "Lowest floor" means the lowest floor of the lowest enclosed area, including ,. basement (see "Basement" deflnition). a. An unflnished or flood-resistant enclosure below the lowest floor that is usable 19 solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation 13 design requirements, including, but not limited to: i. The anchoring standards in Section 21.110.160(1); ii. The construction materials and methods standards in Secfion 21.110.160(2); iii. The wet flood prooflng standard in Section 21.110.160(3); and iv. The standards for utilities in Section 21.110.170. 25. "Manufactured home" means a structure, transportable in one or more sections, 16 which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For fioodplain management purposes, the 17 term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. 18 26. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. 19 27. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood 20 elevations shown on a community's Flood Insurance Rate Map are referenced. 28. "New construction" means, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain 22 management regulation adopted by the community. 29. "New manufactured home park or subdivision" means a manufactured home 23 park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installafion of utilities, the 24 construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 11,1988. 25 30. "One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the base flood, which 26 will be the term used throughout this chapter. 27 28 ^'7 -85- 14 15 21 9 10 1 31. "Person" means an individual or his agent, flrm, partnership, associafion or corporation, or agent ofthe aforementioned groups, or this state or its agencies or political 2 subdivisions. 32. "Recreational vehicle" means a vehicle which is: 3 a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; 4 c. Designed to be self-propelled or permanently towable by a light-duty truck; and d Designed prtmartly not for use as a permanent dwelling but as temporary living 5 quarters for recreational, camping, travel, or seasonal use. 33. "Remedy a violation" means to bring the structure or other development into 6 compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting 7 the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or othemise deterring future similar violations, or reducing state or federal flnancial exposure with regard to the structure or other development. 34. "Riverine" means relating to, formed by, or resembling a nver (including tributaries), stream, brook, etc. 35. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. 11 36. "Special flood hazard area (SFHA)" means an area having special flood or flood- related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, 12 VO, V1-30, VEorV. 37. "Start of construction" means and includes substantial improvement, and means 13 the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the 14 permit date. The actual start means either the flrst placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installations of piles, the 15 construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, 16 such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the 17 erecfion of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 38. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is prtncipally above ground, as well as a manufactured home. 39. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 40. "Substantial improvement" means any reconstruction, rehabilitation, addition, or 22 other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value ofthe structure before the "start of construction" ofthe 23 improvement. This term includes structures, which have incurred "substantial damage," regardless ofthe actual repair work performed. The term does not, however, include either: 24 a. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable 25 code enforcement officials and which are the minimum necessary to assure safe living conditions; or 26 b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure". 18 19 20 21 27 28 -86- 1 41. "Violation" means the failure of a structure or other development to be fully compliant with the community's fioodplain management regulations. A structure or other 2 development without the elevafion certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that 3 documentation is provided. 4 SECTION CXXXl: That Section 21.110.130 ofthe Carlsbad Municipal Code is 5 amended to read as follows: 6 21.110.130 Designafion of floodplain administrator. ^ A. The city engineer is appointed as the floodplain administrator. o SECTION CXXXll: That Section 21.110.135 of the Cartsbad Municipal Code is o 9 repealed. 10 SECTION CXXXlll: That Secfion 21.110.140 and 21.110.150 of the Carlsbad 11 Municipal Code are amended to read as follows: 12 21.110.140 Duties and responsibilities of the floodplain administrator. A. The duties and responsibilities of the floodplain administrator shall include, but 13 not be limited to: 1. Permit Review. The floodplain administrator shall review all development permits 14 to determine: a. The permit requirements of this chapter have been satisfled, including 15 determination of substantial improvement and substantial damage of exisfing structures; b. All other required state and federal permits have been obtained; 16 c. The site is reasonably safe from flooding; d. The proposed development does not adversely affect the carrying capacity of 17 areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when 18 combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of Cartsbad; and 19 e. All Letters of Map Revision (LOMR's) for flood control projects are approved pnor to the issuance of building permits. Building Permits must not be issued based on Conditional 20 Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specifled in the "start of construction" deflnition. 21 2. Advise Decision-Making Authortty. The floodplain administrator shall advise the decision-making authority specifled in Section 21.110.150 regarding the proposed development. 22 3. Review, Use and Development of Other Base Flood Data. a. When base flood elevation data has not been provided in accordance with 23 Section 21.110.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order 24 to administer Sections 21.110.160 through 21.110.230 ofthis chapter. Any such information shall be submitted to the city council for adoption. 25 4 Nofificafion of Other Agencies. a. Whenever a watercourse is to be altered or relocated: j. Notify adjacent communities and the California Department of Water Resources 27 prtor to the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; -87- V)7 1 ii. Assure that the fiood-carrying capacity of the altered or relocated portion of such watercourse is maintained. 2 b. Base Flood Elevation changes due to physical alterafions: i. Within 6 months of information becoming available or project completion, 3 whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientiflc data to FEMA for a Letter of Map Revision (LOMR). 4 (A) All LOMR's for flood control projects must be approved prtor to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map 5 Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specifled in the "start of construction" deflnition. 6 5. Documentation of Floodplain Development. a. Obtain and maintain for public inspection and make available as needed: 7 i. The certiflcation required in Section 21.110.160(3)(A), floor elevations; ii. The certiflcation required in Section 21.110.160(3)(B), elevations in areas of 8 shallow flooding; iii. The certiflcation required in Section 21.110.160(3)(C), elevations or floodproofing 9 of nonresidential structures; iv. The certiflcation required in Secfion 21.110.160(3)(D), wet floodprooflng 10 standard; V. The certifled elevation required in Section 21.110.180(b), subdivision standards; 11 vi. The certiflcation required in Secfion 21.110.200(1), fioodway encroachments; vii. The informafion required in Section 21.110.210(6), coastal construcfion; and 12 viii. The reports required in Secfion 21.110.220(d), mudfiow standards. 6. Map determinations. a. Make interpretations where needed, as to the exact location of the boundanes of the areas of special flood hazards, areas of special flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict between a 15 mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in 16 Section 21.54.140 ofthis title. 7. Remedy action. 17 a. Take action to remedy violations of this chapter as specified in Section 21.110.080 of this chapter. 18 8. Biennial Report. a. Complete and submit Biennial Report to FEMA. 19 9. Planning. a. Assure the General Plan is consistent with the fioodplain management objectives 20 herein. 21 21.110.150 Special use permit. A. A special use permit shall be obtained in addition to any other required permits or 22 entitlements before construction or development begins within any area of special fiood hazards established in Section 21.110.070 of this chapter. 23 B. Application and fees. 1. An application for a special use permit may be made by the owner of the property 24 affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided bythe city planner; 25 b. State fully the circumstances and conditions relied upon as grounds for the application; and 26 c. Be accompanied by a legal description of the property involved; d. Be accompanied by plans showing the nature, location, dimensions and 27 elevation of the project site; existing and proposed structures, fill, storage or materials, drainage 13 14 28 •88- 1 facilities; and all other materials as specified by the city planner. Specifically, the following information must be provided: 2 i. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and 3 proposed elevation of lowest floor of all structures; ii. Proposed elevation in relation to mean sea level to which any structure will be 4 floodproofed; iii. All appropriate certifications listed in Secfion 21.110.150(D) ofthis chapter; 5 iv. Descrtption of the extent to which any watercourse will be altered or relocated as a result of proposed development; 6 V. Environmental impact assessment; and vi. Environmental impact report, if required. 7 C. Nofices and heartngs. 1. Notice of an applicafion for a special use permit shall be given pursuant to the 8 provisions of Secfions 21.54.060.A and 21.54.061 of this title. D. Decision-making authority. 9 1. An application for a special use permit may be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the 10 application, of the circumstances of the particular case, and evidence presented at the public heartng. 11 2. The planning commission shall hear the matter, and may approve or condifionally approve the special use permit upon the advice of the floodplain administrator and if all of the 12 flndings in subsection E of this section are found to exist. E. Findings for approval of a special use permit. 13 1 A special use permit required by this chapter may be approved or conditionally approved only if the following flndings are made: 14 a. The project is consistent with the general plan, local coastal program, the requirements of this chapter, and any other applicable requirement of this code. 15 b. The site is reasonably safe from flooding. c. The project is designed to minimize the flood hazard to the habitable portions of 16 the proposed structure. d. The proposed project does not create a hazard for adjacent or upstream 17 properties or structures. e. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. f. The proposed project does not reduce the ability of the site to pass or handle a ^ ^ base flood of 100-year frequency. g. The cumulative effect of the proposed project when combined with all the other 20 existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. 21 h. The project is contingent upon compliance with other federal and state regulations as required. F. Announcement of decision and flndings of fact. 1. When a decision on a special use permit is made pursuant to this chapter, the decision-making authority shall announce its decision in wnting in accordance with the provisions of Section 21.54.120 ofthis title. G. Effective date and appeals. 1. Planning Commission decisions on special use permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title. H. Expiration, extensions and amendments. I. The expiration penod for an approved special use permit shall be as specifled in Section 21.58.030 of this title. 2. The expiration penod for an approved special use permit may be extended 24 25 26 27 28 •89- H/ 1 pursuant to Section 21.58.040 of this title. 3. An approved special use permit may be amended pursuant to the provisions of 2 Section 21.54.125 of this title. 3 SECTION CXXXIV: That Section 21.110.190 ofthe Carlsbad Municipal Code is 4 amended to read as follows: 5 21.110.190 Standards for manufactured homes. A. All manufactured homes that are placed or substantially improved, on sites 6 located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or 7 subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1. Within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 10 2. Within Zones VI-30, V, and VE on the community's Flood Insurance Rate Map, meet the requirements of Section 21.110.210. 11 B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, VI-30, V, and VE ^2 on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 21.110.190.A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation; or 14 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. C. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properiy elevated. Such certification and verification shall be provided to the Floodplain Administrator. 15 17 18 27 28 SECTION CXXXV: That Section 21.110.195 is added to the Cartsbad Municipal Code as follows: 19 20 21 110.195 Standards for recreational Vehicles. 21 A. All recreafional vehicles placed in Zones A1-30, AH, AE, VI-30 and VE will either: 22 1. Be on the site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use. A recreational vehicle is ready for 23 highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 24 3. Meet the permit requirements of Section 21.110.130 ofthis ordinance and the elevafion andanchortng requirements for manufactured homes in Section 21.110.190. 25 B. Recreational vehicles placed on sites within Zones VI-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 21.110.195.A and 26 Section 21.110.210. -90- H 10 14 1 SECTION CXXXVI: That Section 21.110.240 of the Cartsbad Municipal Code is 2 amended to read as follows: 3 21.110.240 Variances. A. Vanances from the requirements of this chapter may be granted pursuant to the 4 provisions of this section and Chapter 21.50 of this titie. B. Subject to the findings specified in Chapter 21.50 and subsection D of this 5 section, vanances may be granted for: 1. New construction, substantial improvement, and other proposed new 6 development to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases 7 beyond one half acre, the technical justiflcation required for issuing a vartance increases. 2. Repair or rehabilitation of historic structures. 8 C. Variance considerations. 1. When making decisions on requests for variances, the decision-making authority ^ shall consider all technical evaluations, all relevant factors, standards specifled in other sections of this ordinance, and: a. The danger that matenals may be swept onto other lands to the injury of others; 11 b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and 12 the effect of such damage on the existing individual owner and future owners of the property; d. The importance of the services provided by the proposed facility to the 13 community; e. Thenecessitytothe facilityof a waterfront location, where applicable; f The availability of alternative locations for the proposed use which are not subject 15 to flooding or erosion damage; g. The compatibility of the proposed use with existing and anticipated development; 16 h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 17 j The safety of access to the property in time of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of nse and sediment transport of 19 the floodwaters expected at the site; and k. The costs of providing governmental services dunng and after flood conditions, 20 including maintenance and repair of public utilities and facilities such as sewer, gas, electrtcal and water systems, and streets and bndges. 21 D. Variance flndings. 1. In addition to the flndings specified in Chapter 21.50, no vartance from the 22 requirements of this chapter may be granted unless the decision-making authority finds: a. That the vartance is for floodplain management purposes only. 23 b. That there is a showing of good and sufficient cause; c. That the vanance is the minimum necessary considertng the flood hazard, to 24 afford relief i. "Minimum necessary" as related to this section, means to afford relief with a 25 minimum of deviation from the requirements of this chapter. For example, in the case of a variance from an elevation requirement, the decision-making authority need not grant 26 permission for the applicant to build to the elevation the applicant proposes, but only to that elevation which the decision-making authority believes will both provide relief and preserve the 27 intent of this chapter. 28 Q% -91- 1^ 7 1 d. That the physical characteristics of the subject property are so unusual that complying with the requirements ofthis ordinance would create an exceptional hardship to the 2 applicant. i. "Hardship" as related to this secfion, means the exceptional hardship that would 3 result from a failure to grant the requested variance. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal 4 preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without 5 granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than ortginally intended. 6 e. That the subject property's physical charactenstics are unique to the property and not shared by adjacent parcels, and pertain to the land itself, not to the structure, its inhabitants, or the property owners. f That the granting of a vartance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances. i. "Public safety" and "nuisance" as related to this section, means that the granting of a vanance must not result in anything which is injurtous to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or nver, bay, stream, canal, or basin. ii. "Fraud and victimizafion" as related to this section, means that the vanance granted must not cause fraud on or victimization of the public. In examining this requirement, the decision-making body shall consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base fiood elevation are subject dunng all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, 16 unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. g. If applicable, that the proposed repair or rehabilitation of a histonc structure will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. E. Variance conditions. 19 1. The decision-making authority may require condifions to the granting of variances as it deems necessary to further the purposes of this chapter. 20 F. Applicant notice. 1. Pursuant to Title 44 Part 60.6(a)(5) of the Code of Federal Regulations, following 21 the granting of a variance, the city shall provide written notice to the applicant stating that: a. The issuance of a variance to construct a structure below the base flood level will 22 result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 23 b. Such construction below the base flood level increases risks to life and property. 2. The written notice required by this subsection shall be recorded in a manner so 24 that it appears in the chain of title of the affected parcel of land. G. Record of variances. 25 1 The Floodplain Administrator shall maintain a record of all variances, including justiflcation for their issuance, and report such vartances in its biennial report submitted to 26 FEMA. 27 28 .92_ 94 10 11 12 13 14 15 17 18 1 SECTION CXXXVIl: That Section 21.110.250 ofthe Carlsbad Municipal Code is 2 repealed. 3 SECTION CXXXVlll: That Chapter 21.201 of the Cartsbad Municipal Code is 4 amended to read as follows: 5 6 8 10 14 Chapter 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES Secfions: 7 21.201.010 Purpose. 21.201.015 Applicability 21.201.020 Definitions. 21.201.030 Requirements for minor coastal development permits and coastal 9 development permits. 21.201.040 Reserved. 21.201.050 Determination of applicable procedures. 21.201.060 Exempfions and categorical exclusions from minor coastal development J J permit and coastal development permit procedures. 21.201.070 Repair and maintenance activities requirtng a coastal development permit. 12 21.201.080 Minor coastal development permits and coastal development permits. 21.201.090 Announcement of decision and notice of final local government action 13 21.201.100 Reserved. 21.201.110 Reserved. 21.201.120 Effective date and appeal. 21.201.130 Developments appealable to the Coastal Commission. 15 21.201.140 Exhausfion of local appeals. 21.201.150 Public hearing on appealable developments. 16 21.201.160 Finality of city acfion. 21.201.170 Reserved. 17 21.201.180 Reserved. 21.201.190 Emergency coastal development permits. 21.201.200 Expiration of minor coastal development permits and coastal development permits. 19 21.201.210 Extensions. 21.201.220 Permit amendment. 20 21.201.230 Coastal development permits issued by Coastal Commission. 21.201.240 Violafions of the Public Resources Code. 21 21.201.010, Purpose. 22 A. This chapter establishes the permit procedures for developments located in the coastal zone. This chapter is based on the local coastal program implementation regulations 23 adopted by the California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 30333, and as such shall constitute the minimum procedural requirements for 24 review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d). 25 21.201.015 Applicability. 26 A. This chapter shall apply to development within the coastal zone, with the exception ofthe Agua Hedionda Lagoon segment ofthe Carisbad Local Coastal Program. 27 28 _,3_ 9 1 21.201.020 Definitions. A. "Aggrieved person" means any person who, in person or through a 2 representative, appeared at a public hearing of the city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the city of the nature 3 of his concerns or who for good cause was unable to do either. B. "Allowable use" means any use allowed by right which does not require a public 4 hearing or any discretionary or nondiscretionary permit of the approving authority. C. "Appealable development" means in accordance with Public Resources Codes 5 Section 30603(a), any of the following: 1. Developments approved by the local government between the sea and the first 6 public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. 7 2. Developments approved by the local government not included within subsection (C)(1) ofthis secfion located on tidelands, submerged lands, public trust lands, within one 8 hundred feet of any wetland, estuary, stream or within three hundred feet of the top of the seaward face of any coastal bluff. 9 3. Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" as used in 10 Public Resources Code Section 30603(a)(5) and its regulafions shall mean any proposed public works project, as defined by Secfion 13012 ofthe Coastal Commission Regulations, (Title 14 11 California Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107. 12 D. "Appellant' means any person who may file an appeal and includes an applicant, any aggrieved person or any two members of the Coastal Commission. 13 E. "Applicant' means the person, partnership, corporation, state or local government agency applying for a coastal development permit. 14 F. Reserved. G. "Categortcally excluded development' means a development (upon request of 15 the city, public agency or other person) which the city planner has determined pursuant to Section 21.201.060(C) ofthis code to have no potential for significant adverse effect on coastal 16 resources or access and, therefore, has issued an exclusion. H. "Coastal zone" means the coastal zone of the city as descnbed in the Public 17 Resources Code Section 30103. I. "Coastal Commission" means the California Coastal Commission. 18 J "Decision-making authority" means the city officer, planning commission or council approving a coastal development permit. 19 K "Executive Director" means the Executive Director of the Coastal Commission. L. "Local coastal program" means the city's land use plan, zoning ordinances, 20 zoning maps, and other implemenfing acfions certified by the Coastal Commission as meeting the requirements ofthe California Coastal Act of 1976. 21 M. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of 22 construction. N. "Major public works project' means any public works project as defined by Title 2-^ 14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars ^. in estimated cost of construction. O. "Permitted use" means any use allowed by rtght which does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the approving authority. P. "Other permits and approvals" means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a 27 development may proceed. 28 .94- 25 26 1 21.201.030 Requirements for minor coastal deveiopment permits and coastal development permits. 2 Except as provided in Secfion 21.201.060 below, any applicant wishing to undertake a 3 development (defined in Section 21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal development permit in accordance with the provisions of this 4 chapter, in addition to any other permit required by law. Development undertaken pursuant to a minor coastal development permit or coastal development permit shall conform to the plans, 5 specifications, terms and conditions approved in granting the permit. The procedures prescrtbed herein may be used in conjunction with other procedural requirements of the decision-making 6 authority, provided that the minimum requirements as specified herein are assured. 7 21.201.040 Reserved. 8 21.201.050 Determinafion of applicable procedures. A. The city planner shall determine whether a development is exempt or 9 categortcally excluded from the requirements of this chapter, or is nonappealable or appealable to the Coastal Commission. This determination shall be made with reference to the certified 10 local coastal program, including maps, categorical exclusions, land use designafions, and zoning ordinances adopted as part of the certified local coastal program. 11 B. The city planner shall inform the applicant whether the project is exempt (and whether in the "appealable area," if not exempt) within ten calendar days ofthe determinafion 12 that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with or if there is a question regarding the determination, the applicant (or city 13 planner) may request the opinion of the Coastal Commission's executive director in accordance with 14 Code of California Regulafions Secfion 13569. 14 21.201.060 Exemptions and categoncal exclusions from minor coastal development permit 15 and coastal development permit procedures. A For the purposes of subsection B.l of this section, an existing single-family 16 residenfial building shall include all appurtenances and other accessory structures, including decks directly attached to the residence; accessory structures or improvements on the property 17 normally associated with residences, such as garages, swimming pools, fences and storage sheds but not including guest houses or self-contained residential units; landscaping on the lot. 18 ' B. Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 19 1 Improvements to existing single-family residenfial building except: a. On a beach, wetiand or seaward of the mean high tide line; 20 Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; . .. ^ ,, ,- *u 21 c On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea 22 where there is no beach, whichever is the greater distance: d. On property located in significant scenic resources areas as designated by the 2-^ Commission; rxi e Improvement that would result in an increase of ten percent or more of internal ftoor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a); . • . . ^/ f An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or 27 docks; 28 .95- 1 g. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetiand, or sand dune, or within fifty feet of the edge of a coastal bluff 2 except as provided in subsecfions B.S, B.9, B.10 and B.l 1 of this secfion; h. Expansion or construction of water wells or sepfic systems. 3 2. Improvements to existing structures other than a single-family residence or public works facility, except: 4 a. On a beach, wetland, lake or stream or seaward of the mean high tide line; b. Where the structure or improvement would encroach within fifty feet of the edge 5 of the coastal bluff; c. On property located between the sea and the first public road paralleling the sea 6 or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance; 7 d. Any improvement that would increase by ten percent or more the internal floor area of an existing structure, or any additional improvement where an improvement to the 8 structure had previously been undertaken pursuant to Public Resources Code Section 30610(b), or this section, and the cumulative increase of the improvements is ten percent or 9 more; e. An increase in height by more than ten percent of an existing structure, including 10 any signiflcant detached accessory structure, such as garages, fences, shoreline protective structures or docks; 11 f; Any improvement which changes the intensity of use of a structure; g. Any signiflcant alteration of land forms including removal or placement of 12 vegetation on a beach, wetland or sand dune, or within one hundred feet of the edge of a coastal bluff or stream except as provided in subsections B.S, B.9, B. 10 and B. 11 of this section; 13 and h. Any improvement made pursuant to a conversion of an existing structure from a 14 multiple unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative, 15 conversion or motel/hotel timesharing conversion. i. Expansion or construction of water wells or septic systems. 16 3. Occupancy permits. 4. Harvesting of agncultural crops or other agriculturally related activities specifically 17 defined as permitted uses in the applicable zone, which require no other permits and approvals of the decision-making authority, and are thereby allowable uses herein. 18 5. Fences for farm or ranch purposes. 6. Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons capacity and water distribufion lines, including up to one hundred cubic yards of associated grading, provided such water facilities are used for onsite agriculturally-related 20 purposes only. 7. Water impoundments located in drainage areas not identified as blue line 2^ streams (dashed or solid) on USGS 7 Vz minute quadrangle maps, provided such impoundments do not exceed twenty-five acre feet in capacity. 22 8. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board. 23 9 Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas. 10. Repair or maintenance acfivities not described in Section 21.201.070 of this 9^ chapter. 11. Activities of public utilities as specified in the repair, maintenance and utility hookup exclusion adopted by the Coastal Commission, September 5, 1978, and as modified from time to time. 27 C. Categorical Exclusions. 2« -96- '=f^ 26 1. A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610, shall be exempt from the requirements ofthis chapter. 2. The city council may designate by resolution, after a public hearing, categories of development that have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources oron public access to, or along the coast. Development which has been so designated shall be categorically excluded from the provisions ofthis chapter. The designation of any categoncal exclusion shall not be effective until the categorical exclusion order has been approved by the Coastal Commission. 3. The city planner shall keep a record of all permits issued for such categorically excluded projects. D. Notice of Categorically Excluded or Exempt Developments. 1. A permit issued by the city for a development which is categorically excluded or exempt from the coastal development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for categorically excluded or exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the city; provided, that such record includes the 10 applicants name, the location of the project, and brief description of the project. 11 21 201.070 Repair and maintenance activities requiring a coastal development permit. A. All repair and maintenance activities governed by the provisions of this 12 subsection shall be subject to the permit regulations of the California Coastal Act, including, but not limited to, the regulations governing administrative and emergency permits. The provisions 13 of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700, unless so provided elsewhere in these 14 regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the 15 Coastal Commission on September 5, 1978. B. The following repair and maintenance activities require a coastal development 16 permit because they involve a risk of substantial adverse impact to coastal resources or access. 1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, 17 breakwater, groin, culvert, outfall, or similar shoreline work that involves: a. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; b. The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for 20 agricultural dikes within enclosed bays or estuaries; c. The replacement of twenty percent or more of the materials of an existing 2^ structure with materials of a different kind; or d. The presence, whether temporary or permanent, of mechanized construction 22 equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. 2. Any method of routine maintenance dredging that involves: a. The dredging of one hundred thousand cubic yards or more within a twelve- month period; b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or c. The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution .24 25 26 27 28] ,97. m to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. 3. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a coastal 3 bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include: 4 a. The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach matenals or any other forms of solid materials; 5 b. The presence, whether temporary or permanent, of mechanized equipment or construcfion materials. 6 C. Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one 7 ownership is not repair and maintenance under Public Resources Code Section 30610(d), but instead constitutes a replacement structure requiring a coastal development permit. 8 21.201.080 Minor coastal development permits and coastal development permits. 9 A. Application and fees. 1. Applications for minor coastal development permits and coastal development 10 permits may be made by the record owner or owners of the property affected or the authorized agent ofthe owner or owners. The application shall: 11 a. Be made in writing on a form provided by the city planner. b. State fully the circumstances and conditions relied upon as grounds for the 12 applicafion. c. Be accompanied by adequate plans which allow for detailed review pursuant to 13 this chapter, a legal description of the property and all other matenals and information specified by the city planner. 14 2. At the time of filing the applicafion the applicant shall pay the application fee contained in the most recent fee schedule adopted by city council. 15 3 Unless the property has previously been legally subdivided and no further subdivision is required the application shall be accompanied by a tentative map which shall be 16 filed with the city planner in accordance with procedures set forth in Chapter 20.12 of this code. If the project contains four or less lots or units, the application shall be accompanied by a 17 tentative parcel map which shall be filed with the city engineer in accordance with procedures set forth in Chapter 20.24 of this code. 4. Whenever the development would require a permit or approval under the provisions ofthis title, notwithstanding this chapter, the applicafion shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal development permit may be consolidated into one applicafion. 20 5 The city planner may require that the application contain a description of the feasible alternatives to the development or mitigafion measures which will be incorporated into 2^ the development to substantially lessen any significant effect on the environment which may be caused by the development B. Notices and hearings. 1. Notice of an application for a minor coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title, except that the notice of a minor coastal development permit for a second dwelling unit shall not allow for the ability to request an administrative hearing. 2. Notice of an application for a coastal development permit shall be given pursuant to the provisions of Secfions 21.54.060.A and 21.54.061 of this title. C. Decision-making authority. 1. Minor coastal development permits. a. The city planner may approve, conditionally approve or deny minor coastal development permits for: 22 24 25 26 27 28 •98-/oc i. Development that costs less than sixty thousand dollars; ii. Second dwelling units (no discretionary approval shall be required for second dwelling units); iii. Projects that require an administrative village review permit or administrative variance, pursuant to Chapter 21.35 of this titie. b. The city planner may approve or conditionally approve a minor coastal development permit, if the development complies with the following criteria: i. The development is consistent with the certified local coastal program as defined in Section 30108.6 of the Coastal Act. ii. The development requires no discretionary approvals other than a minor coastal development permit. iii. The development has no adverse effect individually or cumulatively on coastal 7 resources or public access to the shoreline or along the coast. b. The city planner's decision shall be based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative heartng, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 ofthis title. c. The city planner may approve or conditionally approve a minor coastal 10 development permit if he/she finds that the project complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 ofthe 11 Coastal Act. If the project is a second dwelling unit, the city planner shall additionally find that the project complies with the provisions of secfion 21.10.030 ofthis title. 12 2. Coastal development permits, a. The planning commission may approve, condifionally approve, or deny a coastal 13 development permit for development in the coastal zone that is not subject to subsection C.1 of this section. 14 b. The planning commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence 15 presented at the public heartng. c. The planning commission shall hear the matter and may approve or condifionally 16 approve a coastal development permit if it finds that the project complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of 17 the Coastal Act 18 21.201.090 Announcement of decision and nofice of final local government acfion. A. When a decision on a minor coastal development permit or coastal development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing: 20 1. In accordance with the provisions of Section 21.54.120 of this title (announcement of decision and findings of fact). 21 2. In accordance with Section 13315 of Title 14 of the California Code of Regulations (notice of final local government action). 22 23 24 26 27 21.201.100 Reserved. 21.201.110 Reserved. 21.201.120 Effective date and appeal. A. City planner decisions on minor coastal development permits shall become effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title, except that decisions to approve minor coastal development permits for second dwelling units shall not be appealable to the planning commission or city council. ^8 -99- /O B. Planning Commission decisions on coastal development permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 ofthis titie. C. Decisions that may be appealed to the Coastal Commission. 1. A decision on a minor coastal development permit or coastal development permit made pursuant to this chapter, and which is appealable to the Coastal Commission pursuant to Section 21.201.130 ofthis chapter, shall become effective on the tenth working day following the Coastal Commission's receipt of the notice of final local government action provided pursuant to Section 21.201.090 of this chapter, unless: a. An appeal is filed with the Coastal Commission in accordance with the Coastal Commission's regulations; b. The notice of final local government action does not meet the requirements of Sections 21.201.090.A.2 and 21.201.160; c The notice of final local government action is not received in the Coastal Commission office and/or distributed to interested parties in time to allow for the ten working day appeal pertod. 2. Where any ofthe circumstances in subsections 21.201.120.C. l.a through 21.201.120.C.l.C occur, the Commission shall, within five calendar days of receiving nofice of that circumstance, notify the city and applicant that the effective date of the city action has been 10 suspended. 11 21.201.130 Developments appealable to the Coastal Commission. A. The following developments, due to their type or location, are within the appeal 12 junsdiction of the Coastal Commission. Only decisions approving a coastal development permit forthese developments are appealable to the Coastal Commission, unless othenA/ise noted. 13 Areas subject to appeal jurtsdiction are shown on the post LCP certification map which is on file in the planning division. 14 1 Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean 15 high tide of the sea where there is no beach, whichever is the greater distance. 2. Development on property located within three hundred feet of the top of the 16 seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream. 3. Developments approved by the city not included within subsections A and B of 17 this section which are located in a sensitive coastal resource area. 4. Any decision approving or denying a development which constitutes a major public works project or a major energy facility. 21.201.140 Exhaustion of local appeals. A. An appellant shall be deemed to have exhausted local appeals for purposes of 20 filing an appeal under the Coastal Commission's regulations and be an aggrteved person where the appellant has pursued the appeal to the appellate body (bodies) as required by the city 2^ appeal procedures; except that exhaustion of all local appeals is not required if any of the following occurs: 1. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section ofthe local coastal program; 2. An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; 3. An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter; 4. The city charges an appeal fee for the filing or processing of appeals. 2" B. Where the project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, that notice of Coastal Commission appeals may be transmitted to the city council (which considers appeals from the 23 24 25 27 28 •100- 1 planning commission which rendered the final decision), and the appeal to the Coastal Commis*sion may be suspended pending a decision on the merits by the city council. Ifthe 2 decision of the city council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision. 3 C. The appeal to the California Coastal Commission shall be flled at the local distnct office no later than ten working days after the date of the receipt of the nofice of final local action 4 by the local district office. No coastal development permit shall be issued or deemed approved unfil an appeal, if any, to the Coastal Commission has been resolved. 5 21.201.150 Public hearing on appealable developments. 6 At least one public hearing shall be held on each application for an appealable development, (except as provided in Section 21.201.080 for Minor coastal development permits) 7 thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. Such hearing shall occur no eariier than ten calendar days following the mailing of the notice required in Secfion 21.54.060. The public hearing may be conducted in accordance with existing local procedures or in any other manner 9 reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. 10 21.201.160 Finality of city action. 11 A local decision on an application for development shall be deemed final when (1) the local decision on the application has been made and all required findings have been adopted, 12 including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, that the 13 development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and that the required conditions of approval adequate to carry out the 14 certified local coastal plan as provided in the implementing ordinances have been imposed, and (2) when all rights of appeal have been provided as defined in Sections 21.201.130 and 15 21.201.140. 16 21.201.170 Reserved. 17 21.201.180 Reserved. 21.201.190 Emergency coastal development permits. A. Applications in case of emergency shall be made by letter to the city planner or in ^ ^ person or by telephone, if time does not allow."Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, 20 property or essential public services. B. The following information shall be included in the request: 21 1. Nature of emergency; 2. Cause of the emergency, insofar as this can be established; 22 3. Locafion of the emergency; 4. The remedial, protective or preventive work required to deal with the emergency; 23 24 25 26 and The circumstances durtng the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. C. The city planner shall verify the facts, including the existence of the nature of the emergency, insofar as time allows. D. The city planner may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if 27 the city planner finds that: 28 iTr^- -101- /^^ 1 1. An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be 2 completed within thirty days unless othenA/ise specified by the terms of the permit; 2. Public comment on the proposed emergency action has been reviewed, if time 3 allows; and 3. The work proposed would be consistent with the requirements of the certified 4 land use plan. E. The city planner shall report, in writing, to the coastal commission through its 5 executive director and to the city council at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. The report of the 6 city planner shall be informafional only; the decision to issue an emergency permit is solely at • the discretion ofthe city planner subject to the provisions ofthis section. Copies ofthis report 7 shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. If at that meeting, one-third ofthe city council so request, the permit 8 issued by the city planner shall not go into effect and the applicafion for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 9 21.201. F. Any request for an emergency permit within the Coastal Commission area of 10 onginal jurtsdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and issuance. 11 21.201.200 Expiration of minor coastal development permits and coastal development 12 permits. A. The expiration pertod for an approved minor coastal development permit or 13 coastal development permit shall be as specified in Section 21.58.030 of this title. 14 21.201.210 Extensions. A The expiration pertod for an approved minor coastal development permit or 15 coastal development permit may be extended pursuant to Section 21.58.040 of this title, and subject to the following: 16 1 An extension may be approved only if it is found that there has been no change of circumstances that may affect the development's consistency with the certified local coastal 17 program or with the policies of Chapter 3 of the Coastal Act, if applicable. 18 21.201.220 Permit amendment. A. An approved minor coastal development permit or coastal development permit ^ 9 may be amended pursuant to the provisions of Section 21.54.125 of this title. 20 21.201.230 Coastal development permits issued by Coastal Commission 21 22 23 24 The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning division. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain all discretionary approvals required by this code pnor to filing an application with the Coastal 25 Commission for said coastal development permit. 96 21 201 240 Violations ofthe Public Resources Code. Any person who violates any provision of Division 20 of the Public Resources Code shall 27 be subject to the penalties contained in Public Resources Code Article 2, Section 30820 et seq. 28 / nM 102- 1^'^ SECTION CXXXIX: That Section 21.208.110 of the Cartsbad Municipal Code is amended to read as follows: 21.208.110 Required findings In addition to the findings required for the granting of a conditional use permit pursuant 4 to Section 21.42.030, conditional use permits issued pursuant to this chapter are subject to the following findings prior to approval: 5 A. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given 6 the proposed use and site location within the overtay zone; B. That the building forms, building colors and building matertals combine to provide 7 an architectural style of development that will add to the objective of high quality architecture and building design within the overtay zone; and C. That the project complies with all development and design criteria of the overtay zone. 9 D. For gas stations, motel, hotel or restaurant uses on a planned industnai zoned property: That the proposed use is commercial in nature and therefore subject to the overtay 10 zone, however, the proposed use is consistent with the intent and purpose of the P-M zone whose pnmary purpose is not to cater directly to the general public, and allows certain 11 commercial uses which cater to, and are ancillary to the uses allowed in the P-M zone, E. For recreation vehicle (RV) parks, overnight RV parking, campgrounds or 12 overnight campsite uses: That the proposed use complies with all the provisions of Section 21.42.010(2)(H)(a) through (e) ofthis title. 25 26 27 28 SECTION CXL: That the list of sections in Chapter 21.210 ofthe Cartsbad Municipal Code is amended to read as follows: 13 14 15 „ 21.210.010 Purpose and intent. 16 21.210.020 Definitions. 21.210.030 Applicability. 17 21.210.040 Habitat preservafion requirements. 21.210.050 Habitat management requirements. 18 21.210.060 Permits required. 21.210.070 Minor HMP permit and HMP permit. ^9 21.210.075 Incidental take permit. 21.210.080 Habitat management plan amendment. 20 21.210.090 Guidelines. 21.210.100 Enforcement measures—Violafions and remedies. 21 22 23 amended to read as follows SECTION CXLI: That Secfion 21.210.070 of the Cartsbad Municipal Code is 94 21.210.070 Minor HMP permit and HMP permit A. A minor HMP permit or HMP permit shall be required for any development project which directly or indirectly impacts natural habitat in accordance with the procedures set forth in this section. 1. A minor HMP permit shall be required, except as specified in subsection A.2 of this section. •103^ 1 2. A HMP permit shall be required if the permit application is processed concurrently with any other permit for which the planning commission or city council is the 2 decision-making authority. B. Application and fees. 3 1. An applicafion for a minor HMP permit or HMP permit may be made by the record owner or owners of the property affected by the development project or the authorized 4 agent of the owner or owners. The application shall: a. Be made in writing on a form provided by the city planner. 5 b. State fully the circumstances and conditions relied upon as grounds for the applicafion. 6 c. Be accompanied by: i. A legal description of the property involved. 7 ii Adequate plans that allow for detailed review pursuant to this chapter. iii. A biological report, which demonstrates compliance with this chapter and 8 includes the information specified in subsection C of this section. iv. All other materials as specified by the city planner. 9 2. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 10 c. Biological report. 1. The biological report shall be prepared by a biologist. The report shall identify: 11 a. The location and quantifies of all habitat and vegetation on the property (or any off-site work area). 12 b. The locafion of any covered species. c. The location of any off-site wetland, rtpartan habitat, oak woodland, nesting 13 raptors or narrow endemic species located within one hundred feet of the property. 2. If the biological survey is conducted outside the acceptable time of year for 14 identifying narrow endemic species, but the biologist identifies that narrow endemic species could be present on the property, then surveys for narrow endemic species must be conducted 15 durtng the acceptable time of year in accordance with wildlife agencies protocols, if such protocols exist. The processing ofthe HMP permit application will be held in abeyance until the 16 applicant submits subsequent surveys conducted during the acceptable time of the year. 3. For projects located in a proposed hardline area, a map shall be submitted 17 showing the precise boundary of the proposed development area and the proposed preserve area consistent with the proposed hardline preserve area figures contained in the HMP. 18 4 For projects located in the standards areas, an analysis shall be submitted which exactly and cleariy identifies: 19 a. How the project complies with the standards and conditions contained in the HMP, MHCP, and lA, and any applicable permit conditions in the NCCP and 10(a)1(B) permits; 20 b. The hardline preserve boundaries which would result from compliance with the standards; and 21 c. How the project is being located on the least biologically sensitive portion of the property. 5. For projects which impact narrow endemic species, the following information shall be provided: a. A graphic depiction of all narrow endemic species located on the property where ^. the development project is located; ^4 b. A written biological descrtption of the status of the narrow endemic species; c. Quantification of both preservation of narrow endemic species and impacts to narrow endemic species associated with the project including direct and indirect effects on an 9/; area and individual plant basis;" d. A written report of the feasibility or infeasibility of total avoidance of narrow 27 endemic species populafion(s); 28 104- fO^ e. A written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences, minimization and/or compensation 2 through restoration or enhancement and consistently with the MHCP adjacency standards. 6. For projects which impact wetlands, the following information shall be provided: 3 a. A graphic depiction of all wetlands located on the property where the development project is located; 4 b. A written biological descnption of the status of the wetlands; c. Quantification of proposed impacts to wetlands associated with the project; 5 d. Written analysis of the inability to avoid impacts to wetlands; e. Written description of project design features that minimize impacts to wetlands 6 including buffers as described in Section 7-11 of the HMP. 7. An analysis of how the development project complies with the additional 7 preservation conditions contained in Section 21.210.040(D) of this chapter. 8. A description of proposed additional mitigation consistent with Sections 8 21.210.040(C) and (E) ofthis chapter. 9. Any other information, data or analysis deemed necessary by the city planner. 9 D. Notices and hearings. 1. Notice of an application for a minor HMP permit shall be given pursuant to the 10 provisions of Sections 21.54.060.B and 21.54.061 of this title. 2. Notice of an application for a HMP permit shall be given pursuant to the 11 provisions of Sections 21.54.060.A and 21.54.061 of this titie. E. Decision-making authority. 12 1. Applications for minor HMP permits and HMP permits shall be acted upon in accordance with the following: 13 a. Minor HMP permit. i. An application for a minor HMP permit may be approved, conditionally approved 14 or denied by the city planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the 15 administrative heartng, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. 16 jj The city planner may approve or conditionally approve the minor HMP permit if all of the findings of fact in subsection F of this section are found to exist. 17 b. HMP permit i. An application for a HMP permit may be approved, conditionally approved or denied by the planning commission or city council, as specified in Section 21.54.042 of this title. ii. The decision on a HMP permit shall be based upon the decision-making ^ ^ authority's review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public heartng. 20 jjj The decision-making authority shall hear the matter, and may approve or conditionally approve the HMP permit if all of the findings of fact in subsection F of this section are found to exist. F. Required Findings. 22 1. No minor HMP permit or HMP permit shall be approved unless the decision- making authority finds that: ^-^ a. The development project complies with the purpose and intent provisions of ^. Section 21.210.010 of this chapter. b. The proposed development is in compliance with all provisions of the Carisbad habitat management plan (HMP), the implementing agreement, the multiple habitat conservation plan (MHCP), the natural community conservation plan (NCCP) and 10(a)1(B) permit conditions, the preservation requirements set forth in Section 21.210.040 ofthis chapter and the management requirements set forth in Section 21.210.050 ofthis chapter. c. The project design as approved by the city has avoided and minimized impacts to habitat and covered species to the maximum extent feasible. -105- rcr/ 21 25 26 27 28 1 d. If applicable, the take of covered species is consistent with the citywide incidental take permit issued for the HMP, will be incidental to othenA/ise lawful activities related to 2 construction and operation of the project and will not appreciably reduce the likelihood of survival and recovery of the species. 3 G. Announcement of decision and findings of fact. 1. When a decision on a minor HMP permit or HMP permit is made pursuant to this 4 chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Secfion 21.54.120 ofthis title. 5 H. Effective date and appeals. a. Decisions on minor HMP permits and HMP permits shall become effective unless 6 appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. 7 I. Expiration, extensions and amendments. 1. The expiration pertod for an approved minor HMP permit or HMP permit shall be as specified in Secfion 21.58.030 ofthis title. 2. The expiration period for an approved minor HMP permit or HMP permit may be 9 extended pursuant to Secfion 21.58.040 ofthis title. 3. An approved minor HMP permit or HMP permit may be amended pursuant to the 10 provisions of Section 21.54.125 of this title. 11 SECTION CXLIl: That Section 21.210.075 is added to the Carisbad Municipal ^2 Code as follows: 13 21.210.075 Incidental Take Permit. A. If a development project impacts a HMP covered species and an incidental take permit is required under the authority of the citywide incidental take permit issued for the HMP, the city planner shall have the authority to issue the take permit as long as a minor HMP permit ^ ^ or HMP permit has been approved for the project. ^6 SECTION CXLIII: That the findings of the Planning Commission in Planning 17 18 19 20 21 22 23 24 25 26 27 28 Commission Resolution No. 6858 shall constitute the findings ofthe City Council. /// /// /// /// /// /// /// /// /// 106- \Xf^ 1 ^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publicafion of general circulafion in the City of Cartsbad within 4 fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be 5 effective until approved by the California Coastal Commission.) 6 INTRODUCED AND FIRST READ at a regular meefing of the Cartsbad City 7 Council on the lOth day of Apr-,-1 2012, and thereafter. 8 PASSED AND ADOPTED at a regular meefing of the City Council of the City of 9 Cartsbad on the day of 2012, by the following vote, to wit: 10 AYES: 11 NOES: 12 ABSENT: 13 ABSTAIN: 14 15 APPROVED AS TO FORM AND LEGALITY 16 17 18 19 RONALD R. BALL, City Attorney 20 MATT HALL, Mayor 21 22 ATTEST: 23 24 25 26 27 LORRAINE M. WOOD, City Clerk (SEAL) 28 -107- lO'i EXHIBIT 2 1 RESOLUTION NO. 2012-084 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT CONSISTING OF VARIOUS AMENDMENTS TO THE ZONING ORDINANCE TO IMPROVE 4 THE CITY'S DEVELOPMENT REVIEW PROCESS CASE NAME: LAND USE DECISION MAKING 5 CASE NO: LCPA 11-07 6 The City Council of the City of Cartsbad, California, does hereby resolve as follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on February 1, 2012, hold a duly noficed public heartng as prescrtbed by law to consider the Zone Code Amendment (ZCA 11-06), as referenced in Planning Commission Resolufion No. 6858, and Local Coastal Program Amendment (LCPA 11-07), as referenced in Planning Commission Resolufion No. 6859; and WHEREAS, the Planning Commission adopted Planning Commission Resolufions No. 6858 and 6859 recommending to the City Council that ZCA 11-06 and LCPA 11-07 be approved; and WHEREAS; the City Council of the City of Cartsbad on the lOth day of April 2012, held a duly noticed public heartng to consider the Zone Code Amendment and Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council ofthe City of Carisbad, as follows: 1. That the foregoing recitafions are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolution No. 6859 constitute the findings of the City Council in this matter. IIO 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 3. That the amendment to the Local Coastal Program (LCPA 07-03), is approved as shown in Planning Commission Resolufion 6859, as modifled by the City Council, on flie with the City Clerk and incorporated herein by reference. 4. That the approval of LCPA 11-07 shall not become effective unfil it is approved by the California Coastal Commission. "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petifion may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparafion of the record of the proceedings shall be flled with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Cartsbad, CA. 92008." PASSED, APPROVED AND ADOPTED at a Regular Meefing ofthe City Council ofthe City of Cartsbad on the 10*^ day of Apnl, 2012, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. None. V. X ^ LORRAINE M. WQOD, City Clerk (SEAL) 19 20 21 22 23 WHEREAS, the City Plamier has prepared a proposed Zone Code Amendment EXHIBIT 3 ^ PLANNING COMMISSION RESOLUTION NO. 6858 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT CONSISTING 4 OF VARIOUS AMENDMENTS TO THE ZONING ORDINANCE TO IMPROVE THE CITY'S DEVELOPMENT REVIEW PROCESS. 6 CASE NAME: LAND USE DECISION MAKING CASE NO: ZCA 11-06 7 " 8 9 pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend various sections of 10 the Zoning Ordinance (Title 21) relating to the development review process; and 11 WHEREAS, the proposed amendment is set forth in the draft City Council ^2 Ordinance, Exhibit "X" dated, February 1, 2012, and attached hereto LAND USE DECISION 13 MAKING - ZCA 11-06; and 14 WHEREAS, the Planning Commission did on February 1, 2012, hold a duly J ^ noticed public hearing as prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering all testimony 18 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LAND USE DECISION MAKING - ZCA 25 11-06, based on the following findings: 26 Findings: 27 That the proposed Zone Code Amendment ZCA 11-06 is consistent with the General 28 Plan in that the proposed amendments do not conflict with any goal, objective or policy of the General Plan, and improvements to the city's development review process decision-making will further the goals and objectives of the General Plan. IP 2. That the proposed Zone Code Amendment ZCA 11-06 reflects sound principles of good 2 planning in that it is consistent with the General Plan and ensures internal consistency with the procedures and standards of the other provisions of the Zoning 3 Ordinance that are not proposed for amendment. 3. That the proposed Zone Code Amendment ZCA 11-06 is consistent with the adopted McClellan-Palomar Airport Land Use Compatibility Plan amended March, 2010, in that the proposed Zone Code Amendment does not involve any land use changes within 6 the Airport Influence Area and therefore does not affect compatibility with the safety and noise criteria. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 9 Commission of the City of Carlsbad, held on February 1, 2012, by the following vote, to wit: 10.. AYES: Chairperson Schumacher, Commissioners Amold, Black, ^ ^ L'Heureux, Nygaard, Scully and Siekmann 12 13 14 15 16 17 NOES: ABSENT: ABSTAIN: ATTEST: 18 MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION 19 20 21 22 DON NEU 24 City Planner 25 26 27 28 PC RESO NO. 6858 -2- I l3 PLANNING COMMISSION RESOLUTION NO. 6859 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT CONSISTING, OF VARIOUS AMENDMENTS TO THE ZONING ORDINANCE TO IMPROVE THE CITY'S DEVELOPMENT REVIEW PROCESS. 6 CASE NAME: LAND USE DECISION MAKING CASE NO: LCPA 11 -07 5 12 13 14 15 16 19 20 21 22 23 27 28 WHEREAS, Califomia State law requires that the Local Coastal Program, 7 8 ^ General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 10 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 11 for an amendment to the Local Coastal Program; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "X" dated February 1, 2012, attached to Planning Commission Resolution No. 6858, as provided in Public Resources Code Section 30514 and Section 13551 of California Code ofRegulations Title 14, Division 5.5; and 17 WHEREAS, the Planning Commission did on February 1, 2012, hold a duly 18 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period 24 for any amendment to the Local Coastal Program. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on August 25, 2011, and ending on October 6, 2011, staff shall present to the City Council a summary of the comments received. ^ C) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APROVAL of LAND USE DECISION MAKING - LCPA 11-07 based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 6 ofthe Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance, and does not 7 conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed Zone Code Amendment (ZCA 11-06). PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on February 1,2012, by the following vote, to wit: 8 9 10 11 12 j3 AYES: Chairperson Schumacher, Commissioners Amold, Black, L'Heureux, Nygaard, Scully and Siekmann 14 " 15 16 17 18 19 20 MICHAEL SCHUMACHER, Chairperson 21 CARLSBAD PLANNING COMMISSION NOES: ABSENT: ABSTAIN: ATTEST: 22 23 24 25 DON NEU 26 City Planner 27 28 PC RESO NO. 6859 \5 EXHIBIT 4 The City of Carlsbad Plamiing Division A REPORT TO THE PLANNING COMMISSION Item No. . Application complete date: N/A P.C. AGENDA OF: February 1, 2012 Project Planner: Kevin Pointer Project Engineer: N/A SUBJECT: ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING - A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance to improve the city's development review process. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions 6858 and 6859 RECOMMENDING APPROVAL of ZCA 11-06 and LCPA 11-07 based on the findings contained therein. II. INTRODUCTION This project is a city-initiated Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance. The primary purpose of this project is to improve the city's development review process by implementing initiatives identified by the city's Development Review Process (DRP) Working Group. The proposed amendments are consistent with applicable portions of the General Plan and maintain intemal consistency with the Zoning Ordinance and Local Coastal Program (LCP). With regard to the LCP Amendment, the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is necessary. However, no portion of the LCP land use plan document is proposed to be amended. III. PROJECT DESCRIPTION AND BACKGROUND Project Description As previously mentioned, the project consists of text amendments to the Zoning Ordinance. The majority of the amendments are proposed to implement initiatives identified by the DRP Working Group, which are summarized as follows: Initiative 1: Increase consistency of the permit processes and enhance entitlement protection by processing all permit approvals and extensions in the same manner. Initiative 4: Increase consistency by ensuring that all discretionary permits required for a project are acted upon by a single decision-making authority. Initiative 4: Streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority. ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1,2012 Page 2 In addition to the DRP Working Group initiatives, the project also includes amendments to the Zoning Ordinance to provide more flexibility, reduce redundancy, clarify requirements and update for consistency with state regulations. These additional changes proposed are described in more detail in Section IV-D of this report. Background As a result of the business forum hosted by the City Council in the spring of 2009, staff designed and engaged in a public outreach program to elicit and clarify input from the development community about potential improvements to the city's development review process. In July 2009, the DRP Working Group was formed, which consisted of six city management staff members directly involved in the development review process and eleven citizens representing a cross-section of the development community. The eleven citizens included planners, engineers, architects, builders, the Building Industry Association, and the Carlsbad Chamber of Commerce. The purpose of the DRP Working Group was to identify ways to improve the efficiency of and user experience with the development review process. To achieve this purpose the DRP considered approaches such as reducing redundancy and ambiguity, eliminating unnecessary steps, decreasing city and applicant costs and decreasing processing times. In November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop. At that workshop City Council directed staff to implement the nine initiatives identified by the DRP Working Group. The proposed amendments to the Zoning Ordinance implement two of the nine initiatives identified by the DRP Working Group. IV. ANALYSIS The proposed amendments to the Zoning Ordinance are provided in strikeout/underline format (Attachment 4) and are summarized and analyzed as follows: A. DRP Working Group Initiative 1—Permit Process Consistency: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will provide for "increased consistency of the development permit process and enhanced entitlement protection by processing all development permit approvals and extensions in the same manner." To implement this initiative, the Zoning Ordinance is proposed to be amended to ensure all development permit processes are consistent with the following: 1. Notice of administrative permits. All administrative permits (e.g., minor site development plans, minor conditional use permits, minor variances, etc.) will require that, at least 10 calendar days prior to a decision on the application, a written notice be provided to property owners within 300 feet of the project site and others who request a notice. If a request for a hearing is filed with the City Planner within in ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1,2012 Page 3 ten calendar days of the date of the notice, the City Planner will schedule an administrative hearing. 2. Notice of public hearings. All permits that require a public hearing before the Planning Commission and/or City Council (e.g. site development plans, conditional use permits, variances, zone changes, etc.) will require that, at least 10 calendar days prior to the public hearing, a written notice be provided to property owners within 600 feet of the project site and others who request a notice. 3. Initial approval periods (permit expiration): The initial approval period for all permits shall be two years. 4. Time Extensions: For all permits, the City Plaimer will be authorized to grant no more than three, two-year extensions, for a total cumulative time extension of six years; except however, any permit or approval issued in conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Carlsbad Municipal Code Title 20 (Subdivisions). All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently. 5. Amendments: Amendments to permits shall be acted upon by the decision-making authority that originally approved the permit; however, if the City Council approved the original permit, the Planning Commission shall have the authority to act upon the amendment. Note: minor changes to projects (e.g., changes that do not increase density, rearrange major land uses, create changes greater than 10%, nor result in a significant environmental impact) may be approved by the City Planner pursuant to the Planning Division's consistency determination policy. 6. Announcement of Decision. The proposed amendments will clarify the requirements to provide a written announcement of decisions made on permits; written announcements shall be mailed to the property ovmer, applicant, anyone who requested a hearing, and others who request to be notified. B. DRP Working Group Initiative 4—Single-Level Decision-Making Authority: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will provide for increased consistency by "ensuring that all discretionary permits required for a project are acted upon by a single decision-making authority." 5 ZCA 11-06/LCPA 11-07 February 1,2012 Page 4 LAND USE DECISION MAKING 1 Decision-making authority for multiple development permits: The proposed amendments include the addition of a new section to the Zoning Ordinance (21.54.040) that specifies when multiple permits are processed concurrently for a proposed project all permits will be acted upon by a single decision-making authority (the highest decision-making authority of all concurrently processed permits). The following provides an example of a project that requires multiple permits and the applicable decision-maker for all permits: Project Example: Subdivide one lot into two lots; Construct a church on one of the new lots and preserve the second lot as open space; and Change the zoning on the open space lot from R-l to OS. Required Permits Decision-Making Authority if Permits are Processed Individually Decision-Making Authority of Multiple Permits Processed Concurrently (highest decision maker of the three permits) Minor Subdivision City Planner City Council Conditional Use Permit (Church) Planning Commission City Council* Zone Change City Council City Council* Commission. C. DRP Working Group Initiative 4—Decision-Making Levels: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed imder this category will "streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority." . 1 Decision-making levels: To implement this initiative, staff analyzed the decision-making authority for all permits required by the Zoning Ordinance and determined which permits it is appropriate to propose a lower decision-making authority than currently required. For a summary of the proposed changes to decision-making authority, please see Attachment 3. D. Other Miscellaneous Changes: In addition to the amendments described above, staff is also proposing amendments to the Zoning Ordinance that will: provide additional flexibility in meeting development standards for outdoor dining and building height; reduce redundancy by combining the "Variances" and "Administrative Variances" chapters, as well as the Coastal Development Permit chapters; update Floodplain Management Regulations; create a new Minor Hillside Development Permit (HDP) and a new Minor Habitat Management Plan Permit (HMPP); and amend provisions related to the City Council's authority to make changes to Planning Commission recommendations on amendments to the General Plan, Zoning Ordinance and master plans. R ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING February 1,2012 Page 5 1. Outdoor Dining: To provide more flexibility in the ability to establish outdoor dining facilities, the outdoor dining regulations are proposed to be amended as follows: a. Eliminate the administrative permit requirement, which will also eliminate the public notice requirement. b. Allow outdoor dining for all food-serving, beverage-serving and dining establishments, and no longer require the establishment to have indoor seating. Currently, outdoor dining is only permitted for restaurants and delis that have indoor seating; this excludes outdoor dining for other food and beverage serving establishments that may not have indoor seating. c. Clarify the existing standards regarding parking and vehicle and pedestrian safety. 2. Building Height: To provide more flexibility for building height in the office, commercial and industrial zones, staff proposes to no longer limit buildings to three levels; however, the maximum building height requirements will remain the same. Existing building height standards limit building height to 35 feet with provisions for additional building height, subject to discretionary approval. Existing building height standards allow buildings to exceed 35 feet up to a maximum of 45 feet, subject to specified criteria and City Planner approval (this is not proposed to be changed). Also, existing requirements allow buildings to exceed 45 feet subject to City Council approval. As, shown in Attachment 3, the proposed amendments include changing the decision-maker for buildings above 45 feet from City Council to Planning Commission. 3. Combine "Variances" and "Administrative Variances" Chapters: Currently there are two separate chapters that specify the requirements for variances (Chapter 21.50) and administrative variances (Chapter 21.51). However, the majority of the requirements are the same in both chapters, with the exception of what qualifies for a variance vs. an administrative variance and the process for issuing variances vs. administrative variances. Staff recommends that the two chapters be combined to reduce redundancy and increase ease of use of the code by locating all variance requirements in one chapter. In addition, staff recommends changing the term "administrative variance" to "minor variance". The term "minor" is consistent with other permits issued by the City Planner (administratively), such as minor site development plans, minor conditional use permits and minor coastal development permits, 4. Combine Coastal Development Permit chapters: Currently there are two chapters that specify the requirements for processing and issuing coastal development permits (CDPs); one chapter for the Village Review (V-R) Zone and one chapter for all other areas of the coastal zone where the city has the authority to issue coastal ZCA 11 -06/LCPA 11 -07 - LAND USE DECISION MAKING February 1,2012 Page 6 development permits. One reason that there are two CDP chapters is because the Community and Neighborhood Services Director has the authority to issue minor CDPs in the V-R Zone (as well as other administrative development permits in the V-R zone), and the City Planner has the authority to issue minor CDPs in the other segments of the coastal zone. As a result of the expiration of the Village Redevelopment area and as part of recent city reorganization, the Housing and Neighborhood Services Director will no longer issue development permits in the Village Review Zone; one objective of the reorganization is to transfer administrative permit authority in the V-R Zone to the City Planner. As indicated in Attachment 3, the proposed amendments include changing the decision-maker for administrative permits in the V-R Zone from the Housing and Neighborhood Services Director to City Planner, including minor coastal development permits. Staff recommends that the two CDP chapters (21.81 and 21.201) be combined to reduce redundancy and amend the CDP requirements to ensure consistency with the Califomia Coastal Act. 5. Update Floodplain Regulations. The Califomia Department of Water Resources (DWR) recently reviewed the city's Floodplain Management Regulations (Chapter 21.110) and recommended various amendments to the regulations to ensure consistency with the National Flood Insurance Program requirements. DWR's recommended changes are incorporated in the proposed amendment. 6. New Minor Hillside Development Permit (HDP) and Minor Habitat Management Plan Permit (HMPP): Currently, the Zoning Ordinance requires HDPs and HMPPs to be acted on by the decision- maker authorized to approve other permits associated with a project (e.g., building permit, subdivision map, site development plan, etc.). In the case of projects that only require administrative or nondiscretionary actions, the intent is that the City Planner has the authority to issue HDPs and HMPPs. However, this intent is not clearly indicated in the Zoning Ordinance and instances of confusion regarding the intent have occurred. Staff recommends that a specific administrative permit process be established for both HDPs and HMPPs (minor HDP and minor HMPP). The proposed amendments will clearly indicate that the City Planner has the authority to issue minor HDPs and minor HMPPs, and if the associated project requires an approval from the Planning Commission or City Council (e.g., for a subdivision, site development plan, etc.) then the Conmiission or Council will have the authority to approve the HDP or HMPP. 7. City Coimcil authority to make changes to Planning Commission recommendations on amendments. Pursuant to the Califomia Govemment Code, the Zoning Ordinance currently specifies that the Planning Commission shall make a recommendation to the City Council for amendments to the General Plan, Zoning Ordinance and master plans; if, after considering the Planning Commission's recommendation, the City Council makes a substantial modification not previously considered by the Planning Commission, the modification shall be referred back to P ZCA 11 -06/LCPA 11 -07 - LAND USE DECISION MAKING February 1, 2012 Page 7 the Planning Commission for its recommendation; and the Planning Commission must report back to the City Council wdthin 45 days. The current requirement in the Municipal Code for the City Council to refer modifications back to the Planning Commission, as described above, was established prior to the city becoming a charter city in 2008. As a charter city, the city is no longer required by the Califomia Govemment Code to refer modifications to the Planning Commission's recommendations on such amendments back to the Planning Commission if so specified by ordinance. Therefore, staff recommends amending the Zoning Ordinance to specify that the City Council has the discretion, but is not required to, refer modifications to the Plaiming Commission's recommendations on amendments to the General Plan, Zoning Ordinance and master plans back to the Commission. General Plan, Zoning Ordinance and Local Coastal Program Consistency: The proposed amendments are minor and primarily procedural in nature. Staff has analyzed the proposed amendments and finds that the amendments are consistent with other provisions of the Zoning Ordinance not being amended, and that the proposed amendments do not create any conflicts with the provisions of the General Plan or Local Coastal Program. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The changes proposed by this project are primarily procedural in nature and are not substantial and will not significantly affect the existing development standards in the Zoning Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. ATTACHMENTS: 1. Planning Commission Resolution No. 6858 (ZCA) 2. Planning Commission Resolution No. 6859 (LCPA) 3. Summary of Proposed Changes to Level of Decision-Making Authority 4. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format Attachment 3 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) LEGEND X = Existing decision-making authority Proposed decision-making authority Ref # Chapter Section Permit/Action D City Councii ecision-Makinf Planning Commission : Authorit City Planner f Other Permit . Existing 'rocess Proposed Notes 1 21.08 - R-A RESIDENTIAL AGRICULTURAL ZONE 21.08.050 Reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal tothe reduction. x City Planner discretion No permit or discretion The ability to reduce one sideyard will be a development standard and can be approved as part of the project, provided the project complies with the criteria to reduce a side yard. LAND USE DECISION MAKING -ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D City Council ecision-Makini Planning Commission [ Authorit City Planner 1 Other Permit Existing Process Proposed Notes 2 21.08 - R A RESIDENTIAL AGRICULTURAL ZONE 21.08.080 IVIinor subdivisions with two or more panhandle lots. X V Minor Subdivision Minor Subdivision Minor subdivisions with panhandle lots (regardless of number) will be processed the same as minor subdivisions without panhandle lots. The decision maker for subdivisions is specified in Title 20 (Subdivisions). 3 21.09-R-E RURAL ESTATE RESIDENTIAL ZONE 21.09.120 Minor subdivisions with two or more panhandle lots. X Minor Subdivision Minor Subdivision See row 2, above. 4 21.10—R-l ONE FAMILY RESIDENTIAL ZONE 21.10.070 Reduction in width of one side yard provided that the opposite side yard is increased in width by an amount equal to the reduction. X City Planner discretion No permit or discretion The ability to reduce one side yard will be a development standard and can be approved as part the project, provided the project complies with the criteria to reduce a side yard. 5 21.10—R-l ONE FAMILY RESIDENTIAL ZONE 21.10.100 Minor subdivisions with two or more panhandle lots. X Minor Subdivision Minor Subdivision See row 2, above. Page 2 LAND USE DECISION MAKING-ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D City Council ecision-Makin] Planning Commission ; Authorit City Planner y other Permit Existing Process Proposed Notes 6 21.16—R-3 MULTIPLE FAMILY RESIDENTIAL ZONE 21.16.020 Child day care centers in the R-3 Zone. X Administrative Permit Minor Conditional Use Permit 7 21.18—R-P RESIDENTIAL PROFESSIONAL ZONE 21.18.020 Child day care centers in the R-P Zone. X Administrative Permit Minor Conditional Use Permit 8 21.24—RD-M RESIDENTIAL DENSITY- MULTIPLE ZONE 21.24.020 Child day care centers in the RD-M Zone. X Administrative Permit Minor Conditional Use Permit 9 21.25—C-F COMMUNITY FACILITIES ZONE 21.25.040 Child day care centers in the C-F Zone. X Administrative Permit Minor Conditional Use Permit 10 21.26—c-1 NEIGHBORHOOD COMMERCIAL ZONE 21.26.013 Outdoor dining (incidental). X Administrative Permit No permit or discretion If a request to establish outdoor dining meets the specified standards, the request can be approved without a discretionary permit. 11 21.26—c-1 NEIGHBORHOOD COMMERCIAL ZONE 21.26.030 Architectural features above 35 feet (45 feet max). X Site Development Plan Minor Site Development Plan 12 21.27—0 OFFICE ZONE 21.27.020 Child day care centers in the 0 Zone. X Administrative Permit Minor Conditional Use Permit 13 21.27-0 OFFICE ZONE 21.27.040 Development within the 0 Zone. X Site Development Plan Minor Site Development Plan Page 3 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D< City Council ecision-Makini Planning Commission \ Authorit City Planner 1 other Permit Existing 'rocess Proposed Notes 14 21.27-0 OFFICE ZONE 21.27.050 Building height in excess of 35 feet (45 feet max). X Site Development Plan Minor Site Development Plan 15 21.27-0 OFFICE ZONE 21.27.050 Architectural features above 45 feet (55 feet max). X Site Development Plan Minor Site Development Plan 16 21.27—0 OFFICE ZONE 21.27.050 Decorative impervious surfaces in up to 40% ofthe required setback area. X Site Development Plan Minor Site Development Plan 17 21.28—C-2 GENERAL COMMERCIAL ZONE 21.28.030 Building height in excess of 35 feet (45 feet max). X City Planner decision (no specified permit) Minor Site Development Plan 18 21.28-C-2 GENERAL COMMERCIAL ZONE 21.28.030 Building height in excess of 45 feet • (55 feet max). X Site Development Plan Site Development Plan 19 21.30—C-M HEAVY COMMERCIAL/ UMITED INDUSTRIAL ZONE 21.30.030 Building height in excess of 35 feet (45 feet max). X y City Planner decision (no specified permit) Minor Site Development Plan 20 21.30—C-M HEAVY COMMERCIAL/ LIMITED INDUSTRIAL ZONE 21.30.030 Building height in excess of 45 feet. X Specific Plan Site Development Plan Page 4 5U P LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action sliiiiii Council ecision-Makinf Planning Commission \ Authorit City Planner 1 other Permit Existing >rocess Proposed Notes 21 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.040 Development of a new local shopping center. X •/ Site Development Plan Site Development Plan 22 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.050 Major redevelopment, remodel or expansion of an existing local shopping center. X Site Development Plan or Site Development Plan Amendment Site Development Plan or Site Development Plan Amendment 23 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.080 Building height in excess of 35 feet (45 feet max). X Site Development Plan Minor Site Development Plan 24 21.31—C-L LOCAL SHOPPING CENTER ZONE 21.31.080 Architectural features above 45 feet (55 feet max). X V Site Development Plan Minor Site Development Plan 25 21.32—M INDUSTRIAL ZONE 21.32.050 Building height in excess of 35 feet (45 feet max). X •/ City Planner decision (no specified permit) Minor Site Development Plan 26 21.32—M INDUSTRIAL ZONE 21.32.050 Building height in excess of 45 feet. X -/ Specific Plan Site Development Plan 27 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.050 Development in the P-M Zone. X Planned Industrial Permit Minor Site Development Plan No public notice will be required for a minor site development plan in the P-M Zone, which is consistent with the current requirements fora PIP. Pages LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref n Chapter Section Permit/Action D City Council ecision-Makinf Planning Commission ; Authorit City Planner f Other Permit Existing 'rocess Proposed Notes 28 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.060 Planned Industrial Permit required to be processed in conjunction with an application for an industrial subdivision. Planned Industrial Permit (approved by decision maker for subdivision) N/A A planned industrial permit will no longer be required for industrial subdivisions. 29 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.070 Building height in excess of 35 feet (45 feet max). X City Planner decision (no specified permit) Minor Site Development Plan 30 21.34—P-M PLANNED INDUSTRIAL ZONE 21.34.070 Building height in excess of 45 feet. X Specific Plan Site Development Plan 31 21.35—V-R VILLAGE REVIEW ZONE 21.35.090 Determination on whether a project is exempt from village review permit requirements. X Determination Determination Existing decision- making authority for exemption determinations is with the Housing and Neighborhood Services Director. 32 21.35—V-R VILLAGE REVIEW ZONE 21.35.090 Administrative variances within the V-R Zone. X Administrative Variance Administrative Variance Existing decision- making authority for administrative variances in the V-R Zone is with the Housing and Neighborhood Services Director. Page 6 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D City Councii ecision-Makinf Planning Commission ; Authorit City Planner i Other Permit Existing Process Proposed Notes 33 21.35—V-R VILLAGE REVIEW ZONE 21.35.090 Administrative village review permit. X Administrative Village Review Permit Administrative Village Review Permit Existing decision- making authority for administrative village review permits is with the Housing and Neighborhood Services Director. 34 21.38—P-C PLANNED COMMUNITY ZONE 21.38.120 To determine if a master plan amendment can be processed as a minor amendment. X Approval/ Determination Approval/ Determination 35 21.41 SIGN ORDINANCE 21.41.050 Sign permits. X Sign Permit Sign Permit Existing decision- making authority for sign permits is with the Community and Economic Development Director. 36 21.41 SIGN ORDINANCE 21.41.060 Sign programs. X Sign Program Sign Program Existing decision- making authority for sign programs is with the Community and Economic Development Director. Page 7 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref n Chapter Section Permit/Action D City Council ecision-Makin^ Planning Commission \ Authorit City Planner y other Permit Existing Process Proposed Notes 37 21.41 SIGN ORDINANCE 21.41.060 Revocation of sign permits. X Determination Determination Existing decision- making authority for revocation of sign permits is with the Community and Economic Development Director. 38 21.44 PARKING 21.44.050 Location of parking areas for commercial or office/professio nal uses within the R-3, R-P and R-T zones. X Site Development Plan Minor Site Development Plan 39 21.45 PLANNED DEVELOPMENTS 21.45.050 Development of more than 50 units/lots. X Major Planned Development Permit Major Planned Development Permit 40 21.46 YARDS 21.46.060 Establishment of a formula for modifying yard requirements. X Approval/ Determination Approval/ Determination 41 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS 21.47.060 and 21.47.070 Nonresidential planned developments with greater than 50 units/lots. X V Nonresidential Planned Development Permit Nonresidential Planned Development Permit Pages LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 42 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS 21.47.130 Minor amendment to a nonresidential planned development permit. Minor Amendment Consistency Determination 43 21.53 USES GENERALLY 21.53.040 Make interpretation to clarify ambiguity within the code. V 44 21.53 USES GENERALLY 21.53.090 Grant a one year extension to the period of time that a temporary real estate office may be operated for the purpose of selling subdivision lots. Approval/ Determination Approval/ Determination Approval/ Determination N/A Temporary real estate offices are currently allowed to operate for one year from the recording of a final subdivision map; and the Pianning Commission may grant an additional one year. As proposed, temporary real estate offices must cease operation no later than the date ofthe close of escrow of the final home in the subdivision, which eliminates the need to grant time extensions. Page 9 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action D City Council ecision-Makinf Planning Commission ; Authorit City Planner i Other Permit Existing Process Proposed Notes 45 21.53 USES GENERALLY 21.53.120 Site Development Plan for multi- family residential and affordable housing developments with greater than 50 units/lots. X Site Development Plan Site Development Plan 46 21.84 CHILD CARE 21.83.050 Large Family Day Care Home. X Approval/ Determination Large Family Day Care Permit 47 21.84 HOUSING FOR SENIOR CITIZENS 21.84.040 21.84.080 Housing for senior citizens with four units or less. X Site Development Plan Minor Site Development Plan Page 10 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # 48 Chapter 21.95 HILLSIDE DEVELOPMENT REGULATIONS Section Permit/Action 21.95.030 Decision-Making Authority City Council Development on a slope with a gradient of 15% or more and an elevation differential greater than 15 feet. Planning Commission City Planner Other Permit Existing Process Proposed Hillside Development Permit Minor Hillside Development Permit & Hillside Development Permit Notes Existing regulations require a hillside development permit to be processed concurrently with any other required permit (e.g., building permit, tentative map, etc). However, there has been some uncertainty in determining the decision maker when only administrative permits are required. The amendment will establish a minor hillside development permit to clarify the City Planner is the decision maker when no other permit is required to be approved by the Planning Commission or City Council. Page 11 LAND USE DECISION MAKING - ZCA 11-06/LCPA 11-07 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 21) Ref # Chapter Section Permit/Action Decision-Making Authority City Council Planning Commission City Planner Other Permit Process Existing Proposed Notes 49 21.84 HABITAT PRESERVATION AND MANAGEMENT REQUIREMENTS 21.210.070 Development that directly or indirectly impacts natural habitat. Habitat Management Plan Permit Minor Habitat Management Plan Permit & Habitat Management Plan Existing regulations require a Habitat Management Plan permit to be processed concurrently with any other required permit (e.g., building permit, tentative map, etc). However, there has been some uncertainty in determining the decision maker when only administrative permits are required. The amendment will establish a minor Habitat Management Plan permit to clarify the City Planner is the decision maker when no other permit is required to be approved bythe Planning Commission or City Council. Page 12 Attachment 4 LAND USE DECISION-MAKING ZCA 11-06/LCPA 11-07 PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT ER 21.04 EFINITIONS Section 21.04.290.1 21.04.290.1 Outdoor Dining (Incidental). "Outdoor dining (incidental)" means an outdoor dining area that is partsmall oxtonsion nf anv business that serves food and/or beverages for onsite consumption, such as but not limited to restaurants, bonafide eating establishments and delicatessens, and which nn inrlnnr rnr.tniimnt bona fide oating ostablishment, or doli, which extends outdoors boyond tho walls of tho restaurant, and does not exceed the limitations established in Chapter 21.26. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06. 21.06.110 .010 .015 .020 .030 .040 .050 .060 .070 .080 .090 ,100 21.06.120 21.06.130 AMENDMENTS TO CHAPTER 21.06 Q QUALIFIED DEVELOPMENT OVERLAY ZONE List of Sections in Chapter 21.06 Intent and purpose Application of Q zone Permitted uses and findings of fact Site development plan requirement Exceptions Application and fees Notices and hearings Decision-making procossauthoritv Announcement of decision and findings of fact Mailing of notico of docision Effective date and appeals AppealsExpiration. extensions and amendments Expiration Extensions Amendments 21.06.440110 21.06.4^120 21.06.4^0130 Development standards Lot requirements Final site development plan Section 21.06.020.B B. permitted Notwithstanding subsection 21.06.020.A, no development or use shall be unless the city planner, the—planning—commission,—or tho city council on appeal.decision-making authoritv finds: 1^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of this chapter, and ail other applicable provisions of this code. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; and 6. The proposed development or use meets all other specific additional findings as required by this title. Sections 21.06.060 through 21.06.130 21.06.060 Notices and hearings A At loast ten days prior to a docision on an application for a minor sito dovolopmont plan, tho city planner shall givo writton notico of tho application (by mail) to tho projoct applicant, tho ownor of tho subjoct roal proporty or tho owner's duly authorized agont, and to all property owners as shown on the latest equalized assessment roll within three hundred foet of the subject proporty. Bz Tho application for a site dovolopmont plan shall bo considorod at a public hearing and tho city planner shall givo notico of tho public hearing in accordanco with Chaptor 21.5^ of this titlo. A. Notice of an application for a minor site development plan shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title. B. Notice of an application for a site development plan shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.06.070 Decision-making procossauthoritv A. Applications for minor site development plans or site development plans shall be acted upon in accordance with the following: Page 2 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Minor Site Development Plan Sh Any porson so notified in accordanco with Section 21.06.060.A of this chaptor may filo writton comments or a writton roquost to bo hoard within ton calondar days of dato of the notice. If a writton roquost to be hoard is filod, the city planner shall: h Schedule an informal hearing (not a formal public hearing); ih Provide written notice to tho applicant and tho requestor at loast fivo calendar days prior to tho dato of tho informal hearing. ba. An application for a minor site development plan may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application and roviow of^ the circumstances of the particular case, and evidence presented at the informaladministrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.6.2 of this title. eb. The city planner may approve or conditionally approve the minor site development plan if all of the findings of fact in Section 21.06.020 of this chaptertitle are found to exist. 2. Site Development Plan—Planning Commission a. An application for cortaina site development plans, as identified elsewhere in this titlo, may be approved, conditionally approved or denied by the planning commission at-a—based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at the public hearing noticed in accordance with Chapter 21.5^ of this titlo. b. The planning commission shall hear the matter, and may approve or conditionally approve the site development plan if, from tho ovidonco prosontod at tho hearing, all of the findings of fact in Section 21.06.020 of this chaptertitle are found to exist. Site Development Plan—City Council An application for certain sito dovolopmont plans, as identified olsowhoro in this titlo, may bo approved, conditionally approved or denied by the city council at a public hearing noticed in accordanco with Chaptor 21.5^ ofthis titlo. ^. Boforo the city council docision, tho planning commission shall hear and consider the application for a sito devolopment plan and shall prepare a recommendation and findings for tho city council, including all matters sot out in Soction 21.06.020 of this chapter. Tho action of tho planning commission shall bo filod with tho city clerk, and a copy shall be mailed to tho applicant. The city council shall hear the matter, and after considering tho findings and rocommendations of tho planning commission, may approve or conditionally approve tho site dovolopmont plan if, from tho ovidonco presented at tho hearing, all of tho findings of fact in Soction 21.06.020 ofthis chapter aro found to exist. 21.06.080 Announcement of decision and findings of fact A. When a decision on a minor site development plan or site development plan is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. Page 3 13*7 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) A; The city planner shall announce in writing (by lottor) his/her docision and findings for a minor site dovolopmont plan. —The planning commission or city council shall announce its docision and findings by formal resolution. The announcomont of a decision and findings for a minor sito dovolopmont plan or sito development plan shall includo: 4. A statement that tho minor sito dovolopment plan or sito dovolopmont plan is granted or denied; 2T Tho facts and reasons which, in tho opinion of tho city planner, planning commission or city council, mako tho granting or donial of tho minor site dovolopmont plan or sito dovolopmont plan nocossary to carry out tho provisions and gonoral purpose ofthis titlo; ^- Such conditions and limitations as tho city planner, planning commission or city council may impose in tho approval of a minor sito development plan or sito dovolopmont plafb 21.06.090 Mailing of notice of decisionEffective date and findings for appeals A. Decisions on minor site development plans shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 ofthis title. B. Decisions on site development plans shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 ofthis title. A: Following tho announcomont of a docision approving, conditionally approving, or denying a minor sito dovolopmont plan or sito dovolopmont plan, a copy of the announcomont of decision shall bo mailed to the applicant at tho address shown on tho application filod with tho planning department, and to any person who requested or spoke at an informal hearing for a minor sito dovolopmont, and any porson who has filod a writton roquost for a notico of docision. 21.06.100 AppealsExpiration. extensions and amendments A:— The actions of tho city planner or planning commission may bo appealed in acGordanco with Sootions 21.5^1.1^0 and 21.5^.150 ofthis titlo. A. The expiration period for an approved minor site development plan or site development plan shall be as specified in Section 21.58.030 ofthis title. B. The expiration period for an approved minor site development plan or site development plan mav be extended pursuant to the provisions of Section 21.58.040 of this title. C. An approved minor site development plan or site development plan mav be amended pursuant to the provisions of Section 21.54.125 of this title. 21.06.110 Expiration period A Any minor site dovolopmont plan or sito development plan becomes null and void Page 4 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) if not exorcised within two years of tho offoctive dato of approval, unless extended as sot forth in Soction 21.06.120 ofthis chapter. 21.06.120 Extensions A The city planner may administratively, without a public hearing or notice, extond tho time within which the right or privilogo granted under a minor site development plan or sito dovolopmont plan must bo exorcised, subject to the following: 4^ Tho applicant shall submit a written request for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by tho city council, prior to tho expiration of a minor sito dovolopmont plan or sito dovolopmont plan; Or. Tho city planner shall extend a minor site development plan or site dovolopmont plan for a poriod of two additional years if tho following findings aro mado: Conditions have not substantially changed since the approval of tho minor sito dovolopmont plan or site dovolopmont plan; and b-. The project remains consistent with the findings of fact set forth in Section 21.06.020.B ofthis chaptor, and all othor applicable findings ofthis title. 3^ Tho city planner may grant no more than throe, two yoar extensions, for a total cumulative time extension of six years. In granting an extension of a minor site development plan or sito dovolopment plan, the city planner may impose new conditions and may revise existing oonditions. The city planner shall announce in writing (by lottor) his/her decision to grant or deny an extension of a minor site devolopmont plan or site development plan. A copy of tho lottor announcing tho city planner's docision shall bo mailed to tho applicant at tho addross shown on tho application filod with tho planning dopartmont and to any porson who has filod a written request to receive suoh notice of decision. 21.06.130 Amendments A Any approved minor sito dovolopmont plan or sito development plan may bo amended by following the same procedure as for approval of a minor site development plan or sito development plan, and upon payment of tho application fee contained in the most recent foo schedule adopted by tho city council. An amondmont for a sito devolopmont plan for a local shopping center shall bo processed in accordanco with Soction 21.31.050 ofthis titlo. &: In granting an amendment, the decision makor may impose now conditions and may revise existing conditions. Page 5 (39 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.06.440110 Development standards A. Property in the Q zone shall be subject to the development standards required in the underlying zone and any applicable master plan or specific plan, except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underlying zone or elsewhere, provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and. in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the city planner in approving a minor site development plan, or the planning commission or the city council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone or elsewhere that include provisions for, but are not limited to, the following: 1. Special setbacks, yards, active or passive open space, required as part of the entitlement process; 2. Special height and bulk of building regulations; 3. Fences and walls; 4. Regulation of signs; 5. Additional landscaping; 6. Special grading restrictions; 7. Requiring street dedication and improvements (or posting of bonds); 8. Requiring public improvements either on or off the subject site that are needed to service the proposed development; completed; 9. Time period within which the project or any phases of the project shall be 10. Regulation of point of ingress and egress; 11. Architecture, color, texture, materials and adornments; 12. Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city. 21.06.4^120 Lot requirements A. The Q zone may be placed on any size or dimensioned, legally created lot. 21.06.460130 Final site development plan A. After approval the applicant shall submit a reproducible copy of the minor site Page 6 NO LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) development plan or site development plan which incorporates all requirements of the approval to the city planner. Prior to signing the final minor site development plan or site development plan, the city planner shall determine that all applicable requirements have been incorporated into the plan. B. The final signed minor site development plan or site development plan shall be the official site layout plan for the property and shall be attached to any application for a grading and/or a building permit on the subject property. AMENDMENTS TO CHAPTER 21.08 R-A RESIDENTIAL AGRICULTURAL ZONE Section 21.08.050.A.1 21.08.050 Sideyards A. In the R-A zone every lot shall have side yards as follows: 1. Interior lots shall have the following side yards: a. A side yard shall be provide(^ on each side of the lot which side yard has a width equal to ten percent of the lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet; b i. The city planner may approve a reduction in width of one side yard providod that themav be reduced, subiect to the following: (A) The opposite side yard Isshall be increased in width by an amount equal to the reduction- or shall be a minimum often feet in width, whichever is qreater: (B) The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard;, nor shall tho incroased side yard have a width of loss than ton foot; and GziC) In the event special circumstances exist, such as extreme topographical features and/or irregular shaped lots (such as those which front on cul- de-sacs), the city planner may approve the application of a reduced side yard mav be permitted adjacent to a reduced side yard, provided a minimum often feet between buildings is maintained.subiect to tho following condition: A minimum often foot botwoon buildings shall bo maintained. Page 7 HI LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.08.080.B B. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section ifthe following circumstances are found to exist: For a minor subdivision application with two or moro panhandle lots, the authority for approval shall bo with tho planning commission. 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block ofthe subject property. MENTS TO CHAPTER 21.09 R-E RURAL RESIDENTIAL ESTATE ZONE Section 21.09.120(2) (2) The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured as follows. For a minor subdivision application with two or moro panhandle lots, the authority for approval shall bo with the planning commission. (A) The buildable portion of the lot, which is the total area minus that portion containing the access portion (handle), shall meet the minimum area requirements ofthe R-E zone. (B) The width requirement for the buildable portion of the lot shall be as required for lots in the R-E zone. (C) The yard requirements of the R-E zone shall be met, except that front yard setbacks may be reduced to thirty feet. (D) The minimum width of the access portion shall be twenty-four feet, except where the access portion is adjacent to the same portion of another such lot, in which case the required minimum width shall be fifteen feet, provided a joint easement ensuring common access of a minimum width of thirty feet to both such portions is recorded. (E) An improved driveway shall be provided within the access portion ofthe lot from a public street or public easement to the parking area on the buildable portion of the lot which is at least fourteen feet wide for single lots and twenty feet wide when serving more than one lot. The minimum overhead clearance shall be ten feet. The driveway shall be constructed of two inch thick asphalt concrete paving on a proper base with rolled edges. • Page 8 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (F) Each lot shall have at least three nontandem parking spaces, with an approach not less than twenty-four feet in length, with proper turnaround space to permit complete turnaround for forward access to the street. This parking and access arrangement shall be designated to the satisfaction ofthe city engineer. (G) Structures permitted in the access portion of the lot shall be limited to mailboxes, fences, gates, trash enclosures, landscape containers and nameplates. Except for mailboxes, these structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. (H) The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. AMENDMENTS TO CHAPTER 21.10 R-1 ONE-FAMILY RESIDENTIAL ZONE Section 21.10.030.C 0. Second dwelling units developed within the coastal zone require a minor coastal development permit issued according to the provisions of Section 21.201.O8&-080 and a building permit. Second dwelling units outside ofthe coastal zone require a building permit. Section 21.10.070.A.1 A. In the R-1 zone every lot shall have side yards as follows: 1. Interior lots shall have the following side yards: a. A side yard shall be provided on each side of the lot, which side yard has a width equal to ten percent ofthe lot width; provided, that such side yard shall not be less than five feet in width and need not exceed ten feet; 1. The city planner may approve a reduction in width of one side yard providod that thomav be reduced, subiect to the following: (A) The opposite side yard Is-shall be increased in width by an amount equal to the reduction or shall be a minimum of ten feet in width, whichever is greateriT (B) The reduced side yard shall not be less than five feet in width nor shall it abut a lot or parcel of land with an adjacent reduced side yard;, nor shall the increased side yard have a width of less than ten feet; and G{C}T In the event special circumstances exist, such as extreme topographical features and/or irregularly shaped lots (such as those which front on cul- Page 9 1^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) de-sacs), the city planner may approve tho application of a reduced side yard mav be permitted adjacent to a reduced side yard, subioct to the following condition: provided a minimum of ten feet between buildings shall beis maintained. Section 21.10.100.B B. The official or decision-making body with the authority to otherwise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be measured in accord with this section if the following circumstances are found to exist. For a minor subdivision application with two or more panhandle lots, tho authority for approval shall be with tho planning commission. 1. The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration; and 2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property. AMENDMENTS TO CHAPTER 21:16 R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE Section 21.16.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.18 R-P RESIDENTIAL PROFESSIONAL ZONE Section 21.18.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 Page 10 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.18.020 TABLE B The row for "Child day care center" in Table B Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.24 RD-M RESIDENTIAL DENSITY MULTIPLE ZONE Section 21.24.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.25 COMMUNITY FACILITIES ZONE Section 21.25.040 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) X 1 AMENDMENTS TO CHAPTER 21.26 NEIGHBORHOOD COMMERCIAL ZONE List of Sections in Chapter 21.26 21.26.010 Permitted uses 21.26.013 Incidental oOutdoor dining (incidental) areas permitted bv administrative pormit 21.26.020 Limitations on permitted uses in C-1 zone 21.26.030 Building height 21.26.040 Front yard 21.26.050 Side yards 21.26.060 Placement of buildings Page 11 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.26 C-1 NEIGHBORHOOD COMMERCIAL ZONE Section 21.26.013 21.26.013 Outdoor dining (incidental) permitted by administrative pormit Outdoor dining (incidental) may bo approved by administrative pormit for restaurants, bona fido oating establishments, and delis in zones whoro outdoor dining (incidental) is permitted.—Tho ownor of tho subjoct property shall mako writton application to the planning director. Such application shall includo all materials deomod nocossary by tho diroctor to show that the requiromonts of subsection (c) ofthis section are mot. A. Subiect to the requirements of this section, outdoor dining (incidental) mav be established as part of anv business that serves food and or beverages for onsite consumption, such as but not limited to restaurants, bona fide eating establishments and delicatessens. B^ If the proposed outdoor dining (incidental) is located in the coastal zone and is not exempt from a coastal development permit by Chapter 21.201, tho application shall also includo an application for of this title, approval of a coastal development permit or minor coastal development permit, processed in accordance with Chapter 21.201. shall be reguired. (a^ Tho diroctor shall give written notico to all proporty ownors within three hundred foot of tho subjoct proporty of ponding dovolopmont docision after tho application is comploto, at least ton calondar days prior to tho docision on tho application as follows: Contents. Tho notice shall include all roquiromonts of Soction 21.5^.061 of this codo, including a notice of a public commont poriod of at least fiftoon calendar days sufficient to rocoivo and considor comments submitted by mail prior to tho dato ostablishod for the docision. Tho notico shall also includo a statement that a public hearing shall bo hold upon request by any porson and a statement that failure by a porson to request a public hearing may result in the loss of that person's ability to appeal approval of the administrative pormit by tho director to tho planning commission. (te) Tho diroctor may approve, approve with conditions, or dony tho pormit. Tho director may waive a public hearing on an administrative pormit if notico has boon providod in accordance with subsection (a)(1) of this section and a roquost for a public hearing has not been received by tho city within ton calondar days from tho dato of sending tho notico. If a roquost for a public hearing is rocoived, a public hearing boforo tho diroctor shall bo held in tho samo manner as a planning commission hearing. In oithor event, tho director's docision shall bo based upon the requirements of, and shall includo, spocific factual findings supporting whether tho projoct is or is not in conformity with the requirements of subsection (c) ofthis soction. The diroctor's docision shall be mado in writing. Tho dato ofthe docision shall bo tho date tho writing containing tho docision or dotormination is mailed or othorwiso delivered to the person or persons affoctod by tho decision. If the mattor inciudos a coastal devolopmont pormit or minor coastal development pormit, unless the docision is appealed, tho director shall provide a notico of final action in accordanco with Sections 21.201.160 and 21.201.170. I Page 12 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (€)0 Development Standards. All areas providing outdoor dining (incidental) shall comply with the following development standards: (1) . Outdoor dining areas shall comply with all applicable requirements of the State of California Disabled Access Regulations (Title 24); (2) . Outdoor dining areas shall comply with all applicable requirements of the alcoholic beverage commission, if alcoholic beverages are served in the outdoor area; (3)^ Outdoor dining areas shall be operated only during the hours of operation of the associated restaurantbusiness: (4)^ Outdoor dining areas shall be used exclusively for eating and drinking; (5)^ Outdoor dining areas shall be located on private property only; (5) 6. Outdoor dining areas shall provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables and/or walls/fences shall be a minimum forty-two inches wide; (6) Outdoor dining (incidental) shall bo utilized only as extensions of restaurants, bona fido oating establishments, or delis that provide indoor seating and aro liconsod for such service. (7)^ The maximum area provided for outdoor dining (incidental) shall be limited to a maximum of four hundred square feetr; (8)i Outdoor dining areas shall not be located where the incidental outdoor dining area would: (A)aL Encroach into the public right-of-wayri (S)b. Eliminate any existing reguired parking spacesri (C) Interfere with vohicle or podostrian circulation. (D) a Remove or reduce existing landscaping (unless equivalent additional landscaping is provided elsewhere to the satisfaction of the city planner)7; (E) d. Present a traffic or pedestrian hazard: or 4Re. Be located where the nearness, volume or speed of vehicular traffic would be incompatible with outdoor dining, in the opinion of the city engineer, bocauso of tho speed, volumo or nearness of vehicular traffic;.. (9)i When calculating square footage for purposes of determining parking required per Chapter 21.44 of this code, space used for outdoor dining (incidental) pursuant to this section shall be excluded. Page 13 mi LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.26.030 21.26.030 Building height A. No commorcial structures inExcept as otherwise provided in this section, no building within the C-1 zone shall exceed a height of thirty-five feet or throe levels, including the protrusions described in Section 21.46.020. B^ Purely architectural features such as flagpoles, steeples or architectural towers mav be permitted to a maximum of fortv-five feet through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title, provided that the decision-making authoritv makes the specific findings that the protruding architectural features: (L)- doDo not function to provide usable floor area: (2^)- deDo not accommodate and/or screen building equipment; (3^)- deDo not adversely impact adjacent properties; and (4^)- areAre necessary to ensure a building's design excellence, may bo permitted up to forty fivo foot by sito dovolopmont plan approved by tho planning commission. . AMENDMENTS TO CHAPTER 21.27 O OFFICE ZONE List of Sections in Chapter 21.27 21.27.010 Intent and purpose 21.27.020 Permitted uses 21.27.035 Reserved 21.27.040 Minor Ssite development plan required 21.27.050 Development standards Section 21.27.020 TABLE A The row for "Child day care center" in Table A Permitted Uses is amended as follows: Use P CUP Acc Child day care center (subject to Chapter 21.83) (defined: Section 21.04.086) 1 Page 14 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Sections 21.27.040 and 21.27.050 21.27.040 A. Minor Ssite development plan required .Approval of a minor site development plan processed according to the provisions of Chapter 21.06 of this title shall be required for any development in the O zone- day care contors. 21.27.050 Development standards. A The following development standards shall apply to all new construction. development or subdivision in the O zone: (1)^ Lot Area. The minimum area of any newly created lot shall be ten thousand square feet except that this requirement shall not be construed to prohibit condominium or planned unit developments approved pursuant to Chapter 21.47. This zone may be applied to existing lots of less than ten thousand square feet when it can be found that the lots are suitable in size and shape to accommodate development as permitted in the O zone. (2)^ Lot Width. Every newly created lot shall have a width of not less than seventy-five feet at the rear line of the required front yard. (3)^ Building Height The maximum height of structuresExcept as othenA/ise provided in this section, no building within the O zone shall f»©t-exceed a height of thirtv-five feet or three levels^, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. Additional building height mav bo permitted up to a maximum of forty-five feet mav be permitted through aapproval of a minor site development plan approved byprocessed in accordance with the citv councilprovisions of Chapter 21.06 ofthis title, provided that: (a) The building doos not contain moro than three levels; (b) a. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area will be maintained as landscaped open space; and this code; and (e) The building conforms to tho requirements of Section 18.0^.170 of (d)b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers which may be permitted up to fifty-five feet if the eeufteMdecision-making authoritv makes the specific findings that the protruding architectural features (1) do; L Do not function to provide usable floor area; {2)iL_deDo not accommodate and/or screen building equipment; Page 15 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ^\\\. deDo not adversely impact adjacent properties; and (4^iv. afeAre necessary to ensure a building's design excellence. (4). Setbacks. Every lot shall provide required yards, measured from the property line as follows: Driveways/Parking 1 Story Building 2-3or more stories UD to 35^ feet^ Front yard 10' 15' 20' Front yard on an arterial 15 20 30 Front yard on a prime arterial 30 40 50 Street side yard 10 15 20 Side yard on an arterial 15 20 30 Side yard on a prime arterial 30 40 50 Interior side yard 5 10 10 Rear yard 5 10 10 Buildings above thirtv-five feet shall be setback an additional dis tance pursuant to subsection A.3 of this section. a. (setbackSetbacks for parking may be reduced with construction of a six-foot solid masonry wall and appropriate landscape buffer on a rear or interior side yard only)i b. Through lots shall be considered to have two front yards and shall observe setbacks accordingly. (5)^ Permitted Intrusions. The following intrusions only may be permitted within the required setbacks: (A) ai Pedestrian walkways; (B) b^ Landscaping; (G)c. Planters; (D) d. Fences or walls; (E) e, Approved areas of ingress and egress; (F)f Approved monument signs; {G)ai Public and employee recreational facilities as approved by the city planner; Page 16 15^ U\ND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (H)tL Architectural projections such as eaves, sunscreens, columns and buttresses may extend six feet into any setback thirty feet and greater and three feet into any setback less than thirty feet. (6) . Landscaping. a, All landscaping shall comply with the city landscape guidelines manual. All landscaped areas shall be planted with a combination of trees, shrubs and groundcover. All landscaped areas shall be served by a permanent irrigation system including bubblers or sprinklers. Prior to approval of a building permit, each applicant shall submit a landscape and irrigation plan forthe approval ofthe city planner. All approved improvements shall be installed prior to occupancy of the building. b^ ^All setback areas shall be planted with plant species consistent with the landscape guidelines manual. Variations in ground plane by use of undulating mounding is encouraged to screen parking areas and to enhance the landscaping and building architecture. Landscaping along arterials should comply with the city's streetscaping program. a The planning commission may approve tThe use of decorative impervious surfaces for up to forty percent ofthe required yard areas for visual enhancement, pedestrian or employee recreational use- mav be permitted through a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title. d. A minimum of ten percent of that portion of the site devoted to uncovered parking shall be landscaped. Landscaping shall be designed so as to offer relief from the monotony of rows of parked cars, and to create an overhead canopy. A minimum of one fifteen-gallon tree per five-four parking stalls shall be required in the parking area. All exposed parking areas shall be screened with landscaping, contouring and mounding. (7) . Building Coverage. For developments which utilize surface parking, all structures shall not cover more than fifty percent ofthe lot on which they are located. . b^ For developments which include a parking structure or parking is located within or under the building it serves, the total coverage of all structures shall not exceed seventy-five percent ofthe lot. This provision shall apply only if seventy-five percent ofthe required parking is located in the parking structure or within or under the building it serves. (8) . Signs. All signs proposed in the O zone shall comply with Chapter 21.41 of this title. (9)^ Walls and Fences. A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residentially zoned property, except in the front yard where the wall shall be reduced to forty-two inches in height. Walls and fences up to a height of six feet are permitted except that no wall or fence shall be erected in any front yard setback in excess of forty-two inches and that all walls and fences shall observe a minimum setback of ten feet from the property line for side yard on a street. Chain link, barbed wire razor ribbon or other similar fences are specifically not permitted. Page 17 |5I LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (10)^ Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way. (11)^ Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the city planner. (12)^ Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot- high masonry wall with gates pursuant to city standards. (13)^ Loading Areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. (14) . Parking Requirements. Off-street parking shall be provided pursuant to Chapter 21.44 ofthis title. (15)i Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below: (A)ai A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. building. (B)bi The area shall be easily accessible to the employees of the (C)Ci The area shall be located such that a sense of privacy is apparent. (0)d, The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. (E) ei The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map. site development plan, planned unit development, or planned industrial pormit)otc.) required under Title 21 ofthis code. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. (F)f This section shall not apply to industrial/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the city planner. Page 18 55 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.28 2 GENERAL COMMERCIAL ZONE Section 21.28.030 21.28.030 Building height A Except as otherwise provided in this section, no building in the C-2 zone shall exceed a height of thirtv-five feet or throe levels in height, and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. B. Additional bBuilding height above thirtv-five feet mav be permitted, subiect to the following: 1. Building height up to a maximum of fortv-five feet mav be permitted through aapproval of a minor site development plan approved by tho citv councilprocessed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: (a>- section. Tho-building doos not contain moro than threo levels; a. The proiect complies with the provisions of subsection B.3 of this b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers, which mav be permitted up to fiftv-five feet ifthe decision-making authoritv makes the specific findings that the protruding architectural features: L Do not function to provide usable floor area; ii. Do not accommodate and/or screen building eguipment: iii. Do not adverselv impact adiacent properties: and iv. Are necessarv to ensure a building's design excellence. 2. Building height above fortv-five feet up to a maximum of fiftv-five feet mav be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed the height authorized bv the decision-making authoritv. c. The decision-making authoritv finds that: surrounding properties: and 1. The height of the building(s) will not adverselv affect Page 19 153 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) buildings in the area: The building(s) will not be undulv disproportional to other All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area wittshall be maintained as landscaped open space^i (e)- Tho building conforms to tho roquiromonts of Soction 18.0^.170 ofthis codo; and (d) The allowod height protrusions as described in Soction 21.^6.020 do not oxcood forty fivo foot; with tho exception of architectural foaturos such as flagpoles, stooplos or architoctural towers which may bo permitted up to fifty fivo foot if tho council makos tho spocific findings that the protruding architoctural foaturos (1) do not function to provide usable floor aroa; (2) do not accommodato and/or screen building equipment; (3) do not adversely impact adjacent propertios; and (A) are necessary to ensure a building's design excollonco. Tho city council may approve a height limit in oxcoss of forty fivo foot to a maximum of fifty fivo foot through a sito devolopmont plan for a dovolopmont of forty acres or more where tho council finds: properties; (4^ The height ofthe buildings will not adversely affect surrounding area; (2) The buildings will not bo unduly disproportional to othor buildings in tho (3) The building doos not contain more than three lovols; (4) An increased aroa in contiguous heavily landscaped opon space is providod adjacent to and outside of tho building porimotor and/or tho parking lot. Tho proporty ownor agrees not to develop tho opon space in the futuro. Tho incroased aroa to bo provided will bo computod as follows: (x) foot incroaso in vertical height abovo thirty five foot multiplied by one poroont of tho site's building covorago square footage; codo;and (5) Tho building conforms to tho roquiromonts of Soction 18.0^.170 ofthis (§) Tho sito must develop with a rogional commorcial uso that would accommodate large anchor tenants. Page 20 \9i LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.30 C-M HEAVY COMMERCIAL - LIMITED INDUSTRIAL ZONE Section 21.30.030 21.30.030 Building height A. NeExcept as otherwise provided in this section, no building in the C-M zone shall exceed a height of thirty-five feet or throo lovols^ and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. B. following: _Additional bBuilding height above thirtv-five feet mav be permitted subiect to the 1. Building height up to a maximum of forty-five feet by tho planning diroctormav be permitted through the approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) Tho building doos not contain moro than throo lovols; a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers, which mav be permitted up to fiftv-five feet ifthe decision-making authoritv makes the specific findings that the protruding architectural features: L Do not function to provide usable floor area: ii. Do not accommodate and/or screen eguipment: iii. Do not adverselv impact adiacent properties: and iv. Are necessarv to ensure a building's design excellence. 2. Building height above fortv-five feet mav be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: a. The proiect complies with the provisions of subsection B.3 of this section. b. The allowed height protrusions as described in section 21.46.020 do not exceed the height authorized bv the decision-making authoritv. c. The decision-making authoritv finds that: surrounding properties: and The height ofthe building(s) will not adverselv affect Page 21 I5S LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) buildings in the area: (b)_^ The building(s) will not be undulv disproportional to other All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area wfUshall be maintained as landscaped open space.; and (e)-—Tho building conforms to tho roquiromonts of Soction 18.O'I. 170 ofthis codo; and (d) The allowod height protrusions as described in Section 21.^6.020 do not exceed forty fivo foot; with tho oxcoption of architoctural foaturos such as flagpoles, stooplos or architoctural towors which may bo pormittod up to fifty fivo foot ifthe planning diroctor makos the spocific findings that tho protruding architoctural foaturos (1) do not function to provide usable floor aroa; (2) do not accommodato and/or scroon building oquipmont; (3) do not adversely impact adjacent properties; and [A) are necessary to ensure a building's design excellence. Building heights in oxcoss of forty fivo foot may bo approved through a spocific plan approved by the city council. Section 21.30.070(5) (5) The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, planned unit development, or planned industrial permitetc.) required under Title 21 ofthis title. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. AMENDMENTS TO CHAPTER 21.31 C-L LOCAL SHQPPINa CENTER ZONE List of Sections in Chapter 21.31 21.31.010 Intent and purpose 21.31.020 Definition: local shopping center 21.31.030 Permitted uses 21.31.040 Approval processSite development plan for new local shopping centers 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers 21.31.055 Projects in process 21.31.060 Special requirements to be addressed in the site development plan 21.31.070 Limitations on permitted uses in C-L zone 21.31.080 Development standards 21.31.090 Severability Page 22 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.31.010.A A. Implement the local shopping center (G-L) land use designation of the Carlsbad general plan; Section 21.31.030 TABLE A The row for "Outdoor sales of seasonal agricultural goods" in Table A Permitted Uses is amended as follows: Outdoor sales of seasonal agricultural goods (Christmas trees, pumpkins, and similar products) (subject to Section 21.31.080(U060.B (see note 1, below) Section 21.30.040 through 21.31.055 21.31.040 Approval processSite development plan for new local shopping centers A. A site development plan shall be required for the development of a new local shopping center. The site development plan shall be processed subject to Chapter 21.06 (Q Qualified Development Overlay Zone) ofthis title, as modified by this section. ——Role of Planning Commission. The planning commission is authorized to roviow at a noticed, public hearing, subjoct to Chapter 21.5*1, a proposod sito dovolopmont plan and any othor permits or entitlements boing processed concurrently therewith, and to mako a recommendation to tho city council to approve, conditionally approve, or deny tho sito development plan or plan amondmont, and any concurrently processed permits or entitlements. The rocommondations of tho planning comnnission shall bo forwarded to tho city council forthwith. Q-. Decisionmaker. Tho city council shall—be tho decisionmaker for a sito development plan required by this chapter. The city council shall also bo tho dooisionmakor for all othor permits and ontitioments associated with a local shopping center, when such permits and ontitlomonts aro prooossod concurrently with tho sito dovolopmont plan. Onco a sito development plan has boon approved by the city council, however, any subsequent permits or entitlements shall be processed and approved as olsowhoro ostablishod by this titlo. Tho city council, following a noticed public hearing, subjoct to Chaptor 21.5^, shall approve, conditionally approve, or dony the requested approvals. Tho docision of tho city council shall bo final. OB..—Mandatory Findings of Fact. In addition to the findings set out in Section 2^.06.020^B^ (Q Qualified Development Overlay Zone—Findings), no site development plan for a local shopping center shall be approved unless the citv councildecision-making authoritv finds that the site, either by itself or in combination with another adjoining center, will provide the normal range of goods and services to meet the everyday needs of the local neighborhood, in Page 23 |57 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) keeping with the intent and purpose of both this zone and the local shopping center general plan designation. For the purpose of this section, "adjoining center" means that the second shopping center either abuts the subject center or is located on property immediately across a common street. 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers A. AExcept as otherwise provided in this section, a proposal to redevelop, remodel or expand an existing local shopping center shall be processed through a site development plan- or a site development plan amendment. B, ^Where a site development plan does not exist for an existing center, a site development plan shall first be obtained pursuant to Section 21.31.040. _Where a site development plan exists, the proposal shall be processed through an amendment to the site development plan as providod by this soction.. pursuant to Section 21.54.125. B^ Major Amondmont. Any proposal for a major romodoling or rodovolopmont of an existing shopping center shall first obtain a major amendment to tho sito dovolopmont plan, which amendment shall bo processed according to Soction 21.31.0^0 with tho city council as tho decisionmaker. Any change of a sito that constitutes a major romodoling or rodovolopmont will typically result in removal and/or roplacomont of fifty percent or moro of tho existing building floor area ofthe center or a combination of changes to floor aroa, landscaping, parking, facades, or othor site features that constitute a major reconfiguration or redesign of tho sito. Where this threshold is unclear, the city planner shall determine whether the proposal will require a major amondmont to tho sito dovolopmont plan. Minor Amondmont. Any proposal for romodoling, redovoloping, or expanding an existing local shopping center, which doos not require a major amendment as ostablishod by paragraph B, and which is not excepted by paragraph D, shall first obtain a minor amondmont to tho sito dovolopmont plan. A minor sito dovolopmont plan amondmont shall bo hoard and approved by tho planning commission pursuant to tho process and findings contained in Chapter 21.06 (Q Qualified Dovolopment Overlay Zono). D. Exceptions. The following are excepted from the need to obtain an amendment to an existing site development plan or for a new site development plan for an existing center that does not have one: thousand square feet; 1. Tenant improvements; Any one addition of new floor area with a cumulative total of less than one 3. Any non-floor-area changes to the site design that collectively result in less than a ten-percent change to the site, as determined by the city planner. 21.31.056 Projects In process. Page 24 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Any application for a sito dovolopmont plan or an amendment to a sito development plan, which application was doomed comploto prior to tho effoctivo dato ofthe ordinance that created this chaptor, shall not bo subjoct to tho provisions of this chaptor, but shall be processed and approved or disapproved pursuant to tho ordinance suporsodod by tho ordinance codified in this chapter. Section 21.31.080 21.31.080 Development standards A Exercise of Sito Dovolopmont Plan. Tho city council in approving or amending, or tho planning commission in amending, a site dovolopmont plan may impose spocial conditions or roquiromonts that includo provisions for, but aro not limited to, tho following: 4. Intensity of uso; Compatibility with surrounding propertios and land uses; Parking standards; Ar-Yards; Height and bulk of buildings; Foncos and walls; Signs; 8. Landscaping; ^. Grading, slopos, and drainago; be completed; 40. Time poriod within which tho project or any phases of tho projects shall bicyclists; AA-. Points of ingress or ogress, including points used by pedestrians and Architecture, including colors, textures, materials, and adornments; 4-S. Such othor conditions as aro deemed necessary to ensure conformity with tho gonoral plan and othor adopted policies, goals or objoctivos of tho city, including tho purpose and intents of this chaptor. Page 25 |5i LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) STA Property Size. No site shall be included in the local shopping center zone unless all constituent properties are contiguous, planned as an integrated whole, and aggregate to a minimum of four net acres, if already developed with retail uses, or seven gross acres, if undeveloped or developed with uses other than retail. GB. Building Height. 1 • NeExcept as otherwise provided in this section, no building in the C-L zone shall exceed a height of thirty-five feet or throo lovols. and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. .Additional building height may be permitted to a maximum of forty-five feet through theapproval of a minor site development plan approved by tho city eeweUprocessed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: a. The building doos not contain more than three lovols; and ba. All required yards shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional yard area will be maintained as landscaped open space; and this code; and G. The building conforms to tho roquiromonto of Soction 18.O'I. 170 of -The allowed height protrusions Aas described in Section 21 .46.020T do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples, or architectural towers, which may be permitted up to fifty-five feet if the city council makes the spocific findingsdecision-making authoritv finds that the protruding architectural features: i. Do not function to provide usable floor area; and ii. Do not adversely impact adjacent properties; and iii. Are necessary to ensure a building's design excellence. DC. Yards. 1. The following yards shall apply to the periphery of a local shopping center unless otherwise established through a prior site development plan approval: Table B Yards Site Property Line is Adjacent to Yard Depth Primary Arterial Road 20 feet Secondary Arterial Road 15 feet Non-Arterial Road 10 feet Page 26 I (at) LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Not On A Street Frontage 10 feet 2. Protrusions into Yards. The following intrusions only may be permitted within required yards: a. Pedestrian walkways, b. Landscaping, c. Fences or walls, d. Approved areas of ingress and egress. e. Directional signs and approved monument signs. f. Public recreational facilities or outdoor eating areas as authorized in the site development plan, g. Architectural projections such as eaves, trellises, sun shades, columns, and buttresses may extend up to three feet into any yard. ED. Landscaping. Landscaping shall be provided pursuant to the city of Carlsbad Landscape Manual and Chapter 21.44 (Parking). PE. Walls and Fences. 1. A solid masonry wall, six feet in height, shall be constructed along the common lot line with any residentially zoned property, except that the wall shall be forty-two inches in height along that part of the common lot line that bounds the front yard of the residential property. 2. Other walls and fences up to a height of six feet are permitted except that no wall or fence shall be erected in excess of forty-two inches in height within a yard adjacent to streets. Chain link, barbed wire, razor ribbon or other similar fences are specifically not permitted. GF. Lighting. Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any off-site properties or public rights-of-way. HG. Roof Appurtenances. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, to the satisfaction of the city planner. IH. Trash Enclosures. Trash receptacle areas shall be enclosed by a six-foot-high masonry wall with gates subject to city standards. 4- Loading Areas and Docks. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. Appropriate mitigating measures Page 27 /(al LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall be incorporated to assure that noise from a loading area or dock does not exceed sixty-five db CNEL at the shopping center's property line. KJ. Parking Requirements. Parking shall be provided subject to the provisions of Chapter 21.44 of this title. LK. Employee Eating Areas. Outdoor eating facilities for employees of the center shall be provided, as follows, except as noted below: 1. A minimum of three hundred square feet of outdoor eating facilities shall be provided for each fifty thousand square feet of floor area, or portion thereof Credit towards the required amount offloor area will be given for centers in which two or more restaurants share a common, public eating area in a food court or for other public eating area available to all patrons, comprising at least six hundred square feet. 2. The area shall be easily accessible to the employees of the local shopping center. 3. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. 4. The site size, location, landscaping and furniture required above shall be approved as part ofthe required site development plan, or if no site development plan is required, a plan ofthe eating area shall be provided to and approved by the city planner. ML. Signs. Signage for sites in the C-L zone that are subject to a site development plan shall be implemented according to a sign program, as established by Section 21.41.060 (Sign Ordinance) of this title. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (Sign Ordinance). NM. Recycling Areas. Where state law requires a recycling area for beverage containers to be located within the center, said recycling area shall be subject to the provisions of Chapter 21.105 ofthis title. The location of all recycling areas shall be set out in the site development plan and the parameters of operation shall be called out. AMENDMENTS TO CHAPTER 21.32 M INDUSTRIAL ZONE Section 21.32.050 21.32.050 Building height A. NeExcept as otherwise provided in this section, no building in the M zone shall exceed a height of thirty-five feet or throo lovols^ and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. B. Additional bBuilding height above thirtv-five feet mav be permitted, subiect to the following: Page 28 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Building height up to a maximum of forty-five feet by the planning dtfeetermav be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: (a) The building does not contain moro than throo lovols; (b) All required setbacks shall bo increased at a ratio of one horizontal foot for every ono foot of vortical construction boyond thirty fivo foot. Tho additional setback aroa will bo maintained as landscaped opon space; (G) The building conforms to tho requirements of Section 18.0^.of this codo; and section. a. The proiect complies with the provisions of subsection B.3 of this b. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet; with the exception of architectural features such as flagpoles, steeples or architectural towers^ which may be permitted up to fifty-five feet if the planning directordecision-making authoritv makes the specific findings that the protruding architectural features-(4)-de; Do not function to provide usable floor area; {4)-_ III. IV. deDo not accommodate and/or screen building equipment; deDo not adversely impact adjacent properties; and afeAre necessary to ensure a building's design excellence. .Building heights in oxcoss of height above fortv-five feet may be approvedpermitted through approval of a seeGlfiGsite development plan approved by the city Geuneilprocessed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: section. The proiect complies with the provisions of subsection B.3 of this b. The allowed height protrusions, as described in Section 21.46.020. do not exceed the height authorized decision-making authoritv. c. The decision-making authoritv finds that: surrounding properties: and buildings in the area: The height of the building(s) will not adverselv affect The building(s) will not be undulv disproportional to other 3. All required setbacks shall be increased at a ratio of one horizontal foot for everv one foot of vertical construction bevond thirtv-five feet. The additional setback area will be maintained as landscaped open space. Page 29 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.32.060(5) (5) The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, planned unit development, or planned industrial pormitotc.) required under this title. 21.34.010 21.34.020 21.34.050 21.3^.060 AMENDMENTS TO CHAPTER 21.34 P-M PLANNED INDUSTRIAL ZONE List of Sections in Chapter 21.34 Intent and purpose Permitted uses Planned industrial pormitMinor site development plan reguired Industrial subdivisions 21.34.070 Development standards 21.34.080 Design criteria 21.34.090 Performance standards 21.3'1.11Q Amondmonts 21.34.120 Final map 21.34.130 Final planned industrial development plan 21.34.140 Certification of occupancy 21.34.150 Maintenance 21.34.160 Failure to maintain Section 21.34.050 through 21.34.070 21.34.050 Planned industrial pormit. Minor site development plan required. (a) Planning Diroctor Approval. No dovolopmont ofa pormittod uso pursuant to Section 21.3*1.020, change of use of building modifications in excess of twenty fivo porcont of tho building valuation ofthe existing dovolopmont shall bo dono without first obtaining a planned industrial pormit from the planning diroctor. In his roviow of a planned industrial development, the planning director shall ascertain all facts pertinent to tho proposod dovolopment and shall approve, conditionally approve, disapprove or givo notico of referral to tho planning commission, togothor with tho findings and reasons for such action. (b) Application. Application for a planned industrial pormit shall bo made in accordance with the procedures sot forth in this subsection: (4^ An application for a planned industrial permit may be mado by tho record ownor or owners ofthe property affoctod or tho authorized agent of the ownor or ownors. Tho application shall be filed with tho planning director upon forms providod him. Tho application shall be accompanied by adequate plans which allow for detailed review pursuant to this Page 30 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) chapter, a legal doscriptlon of tho proporty and all other materials and information specified by the planning diroctor. (2) At the timo of filing the application, tho applicant shall pay a procossing fee in an amount specified by city council resolution. A. No development in the P-M zone shall be done without first obtaining approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title: except that notice ofthe application for a minor site development plan, reguired pursuantto Section 21.06.060 ofthis title, shall not be reguired for development in the P-M zone, unless the application includes a reguest to exceed the permitted building height pursuant to Section 21.34.070.A of this chapter. (3)Bi If the applicant contemplates the construction of a planned industrial dovolopmont in the proiect in phases, the minor site development plan application shall so state and shall include a proposed phasing schedule. -(G) Findings of tho Planning Director. In approving a planned industrial pormit, tho planning director shall mako tho following findings: (4) Tho sito indicatod by tho planned industrial pormit is adoquato in size and shape to accommodato tho proposed use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features roquirod by this chapter. (2) The improvements indicatod on the planned industrial pormit are located in such a manner to bo rolatod to existing and proposod streets and highways. (3^ The improvements as shown on the planned industrial permit aro consistent with tho intent and purpose ofthis zono and all adopted dovolopment, design and performance standards as sot forth in this chapter. (d) Notification. The planning director shall notify the applicant in writing of any decision mado on a planned industrial permit. (e^ Effective Dato of Ordor and Appeal of Planning Diroctor Docision. Tho effoctivo dato of tho planning diroctor's decision and rnethod for appeal of such decision shall be governed by Section 21.5^1.1^0 ofthis codo. (f) Effective Dato of Ordor and Appeal of Planning Commission Docision. Tho offoctive dato of the planning commission's docision and method for appeal of such docision shall be governed by Section 21.5^.150 ofthis code. (§) Notico ofthe hearings required by this section shall bo given pursuant to Soction 21.5^.060(1) ofthis codo. 21.34.060 Industrial subdivisions- Industrial subdivisions including industrial condominium and planned unit developments may bo pormittod in the P-M zono if tho project moots all othor roquiromonts ofthis chaptor and all requirements of Title 20, Subdivisions. All industrial subdivisions, condominium and planned unit development subdivision applications shall be accompanied by an application for a planned Page 31 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) industrial pormit processed pursuantto Section 21.3^.050 oxcopt that the pormit shall bo approved by the same decision-making body which approves the subdivision. Amondmonts to a planned industrial pormit issuod pursuant to this soction may bo mado by tho planning diroctor according to this chapter. 21.34.070 Development standards All industrial projects shall comply with the following development standards: (4)A, Building Height. 1. Except as otherwise provided in this section. Nno building in the P-M zone shall exceed a height of thirty-five feet or throe levels^ and allowed height protrusions as described in Section 21.46.020 shall not exceed a height of fortv-five feet. Additional bBuilding height above thirtv-five feet mav be permitted subiect to the following: a. Building height up to a maximum of forty-five feet by tho planning dffeGtefmav be permitted through approval of a minor site development plan processed in accordance with the provisions of Chapter 21.06 ofthis title, provided that: (a^ Tho building doos not contain more than throo lovols; L The proiect complies with the provisions of subsection A.2.C of this section: and ii. The allowed height protrusions as described in Section 21.46.020 do not exceed a height of fortv-five feet: with the exception of architectural features such as flagpoles, steeples or architectural towers, which mav be permitted up to fiftv-five feet if the decision-making authoritv makes the specific findings that the protruding architectural features: (A) Do not function to provide usable floor area: (B) Do not accommodate and/or screen building eguipment: excellence. (C) Do not adverselv impact adiacent properties: and (D) Are necessarv to ensure a building's design b. Building height above fortv-five feet mav be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: i. The proiect complies with the provisions of subsection A.2.c of this section. Page 32 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ii. The allowed height protrusions as described in section 21.46.020 do not exceed the height authorized bv the decision-making authoritv. III. affect surrounding properties: and other buildings in the area: The decision-making authoritv finds that: (A) The height of the building(s) will not adverselv (B) The building(s) will not be undulv disproportional to All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area wlUshall be maintained as landscaped open space^-^ (G) The building conforms to tho requirements of Section 18.0^.170 ofthis codo; and (d) Tho allowod height protrusions as described in Soction 21.^6.020 do not oxcood forty fivo foot; with tho oxcoption of architoctural foaturos such as flagpoles, stooplos or architoctural towors which may be pormittod up to fifty-five foot if tho planning diroctor makos the spocific findings that the protruding architectural features (1) do not function to provide usable floor aroa; (2) do not accommodato and/or scroon building oquipmont; (3) do not adversely impact adjacent proportios; and {A) aro necessary to onsuro a building's design excellence. Building heights in oxcoss of forty five foot may be approved through a spocific plan approved by tho city council. (2)B, Setbacks. (A)l Front Yard and Side Street Yard on Prime. Major and Secondary Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a prime, major or secondary street shall have a minimum setback of fifty feet. This setback shall be measured from the right-of-way line. This setback shall be entirely landscaped and imgated; however, upon approval ofthe city planner, the landscaped portion ofthe setback may be reduced to thirty-five feet to accommodate a driveway along the portion of the setback farthest from the right-of-way or private street. Any driveway within the front yard setback shall be screened from the public or private street by a mixture of mounding and landscaping to the satisfaction of the city planner. (8)2. Front Yard and Street Side Yard on Collector, Local and Private Streets. Every lot in the P-M zone that has a front yard or side street yard facing on a collector, local or private street shall have an average setback of thirty-five feet; however, the setback shall not be less than twenty-five feet. This setback shall be entirely landscaped and irrigated and shall be measured from the right-of-way line or, in the case of a private street, from the curb line. (G)3. Side Yard—Interior. All interior side yards shall have a minimum setback of ten feet which shall be entirely landscaped and irrigated. Page 33 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (D)4. Rear Yard. The rear yard setback shall be a minimum of twenty feet of which at least ten feet adjacent to the rear property line shall be entirely landscaped and irrigated. (€)5. Walls and Fences. A wall or fence located in any part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street area shall not exceed thirty-six inches in height. (F) 6. Landscaping in Parking Areas. A minimum of ten percent of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the city planner. Landscaping in the building setback areas shall not count towards meeting this requirement. (G) 7. Minimum Lot Area. Except for developments proposed as condominiums or planned unit developments, each lot shall have a minimum lot area of one acre. Whon an industrial subdivision is submitted, tho planning commission or city council, whichever is tho final decisionmaker.However, the decision-making authoritv for the subdivision map may permit a reduction in the minimum lot area requirement if it is found that the reduced lot area is necessary for the development of a comprehensively planned industrial projootproiect reguiring a minor site development plan pursuant to this chapter and that the reduction of the lot area does not create adverse impacts to surrounding properties. (H)g. Lot Coverage. All buildings, including accessory building structures, shall cover not more than fifty percent of the area of a lot. Open parking areas shall not be counted in determining lot coverage. (I) 9. Private Streets. Private streets may be permitted within a planned industrialproiect reguiring a minor site development plan pursuant to this chapter provided their width and geometric design are related to the function, topography and needs ofthe development, and their structural design, pavement and construction comply with the requirement of the city's street improvement standards and further provided that the permit is processed concurrently with a subdivision map. The planning commission and city council shall determino tho width of private streets which shall in no ovontnot be less than the minimum standards ofthis subsection. Pavement between curbs of private streets shall not be less than the following: 1 Type of Street Minimum Width Curb to Curb 2 lanes, no parking 32 feet 2 lanes, parking one side 42 feet 2 lanes, parking on both sides 52 feet (3)C. Employee Eating Areas. Outdoor eating facilities for employees shall be provided outside all industrial/office buildings containing more than five thousand square feet, as follows, except as noted below: (A)1^ A minimum of three hundred square feet of outdoor eating facilities shall be provided for each five thousand square feet of building area. Credit towards the required Page 34 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) amount of square footage will be given for indoor eating facilities on a 1:1 basis, as determined by the city planner. (8)Z The area shall be easily accessible to the employees of the building. (G)3i The area shall be located such that a sense of privacy is apparent. (0)4, The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles. (E)5. The site size, location, landscaping and furniture required above shall be approved as part ofthe required discrotionary action (tontativo map.minor site development plan, planned unit dovolopmont, or planned industrial pormit) required under this title. If no discretionary permit is required, a site plan showing the location, landscaping and facilities required above shall be submitted to the city planner for approval prior to the issuance of any building permits. (^6. This section shall not apply to industrial/office buildings which are located within one thousand feet of an approved mini-park or a city park which is accessible by walking as determined by the city planner. Section 21.34.110 21.34.110 Amendments (a) Amondmonts to a planned industrial pormit may bo initiated by tho proporty ownor or authorized agent as follows: (4^ A request for an amendment shall be submitted to tho planning director in written form and shall bo accompanied by such additional graphics, statements, or othor information as may bo roquirod to support tho proposod amendment. Whon nocossary. tho amondmont shall bo accompanied by an amoridment to any corresponding tontativo map or tentative parcol map. (^) Ifthe planning diroctor considors tho amondmont minor in nature, tho additional graphics, statement or othor information may bo approved by tho planning diroctor and mado part ofthe original approval. (^) A minor amendment shall not change tho boundaries of the subject property, or involve an addition of a now building or group of buildings not shown on tho original permit of groator than ton porcont in approved yards, covorago, height, opon spaco or landscaping, providod no changes shall bo loss than roquirod by this chaptor. If tho planning director determines that the amondmont is not minor, a now planned industrial pormit shall bo filed. An amendment affecting a subdivision map for tho projoct shall not be deemod minor and shall bo processed pursuant to Titlo 20 for amondmont of subdivisions. Page 35 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) If a now planned industrial pormit is required, the applicant shall submit a complotod application with graphics, statements, or other information as may be roquirod to support the proposod modification. (§) A fee, as specified by city council rosolution, shall bo roquirod for an amendment to a planned industrial permit. (€)-—An application for an amondmont of a planned industrial pormit shall bo processed and determined in accordanco with tho provisions of this chaptor applicablo to tho adoption of a planned industrial pormit; (b) Amondmonts may also bo initiated by rosolution of intention of tho planning commission or city council. Section 21.34.130 and 21.34.140 21.34.130 Final planned industrial development plan (a)A For applications that have filed a parcel map or tentative map concurrent with a planned industrial permitminor site development plan reguired pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the recordation of the final map. (b) B, For applications that have not filed a parcel map or tentative map concurrent with a planned industrial permitminor site development plan reguired pursuant to this chapter, a final planned industrial development plan shall be submitted to and approved by the city planner prior to the issuance of any building permits. (G)C, The final planned industrial development plan shall reflect all required revisions and refinements. The final planned industrial development plan shall include: (1)^ Improvement plans for private streets, water, sewerage and drainage systems, walkways, fire hydrants, parking areas and storage areas. The plan shall include any off-site work necessary for proper access, or for the proper operation of water, sewerage or drainage system; (2)., A final grading plan; (3)., Final elevation plans; (4) . A final landscaping plan including methods of soil preparation, plant types, sizes and location, and irrigation system plans showing location, dimensions and types; and (5). A plan for lighting of streets, driveways and parking areas. Page 36 (70 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (d) D^ Where a planned industrial development reguiring a minor site development plan pursuant to this chapter contains any land or improvements proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions with the final planned industrial development plan. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the common ownership and shall be reviewed by and subject to approval by the city planner and city attorney. (e) E. A final planned industrial development plan may be submitted for a portion of the development, provided the city planner approves the construction phases as part of the permit and provided that the phases are consistent with any subdivision map filed on the property. The plan for the first portion must be submitted within the time limits of this section. Subsequent units may be submitted at later dates in accord with the approved phasing schedule. (f) R The city planner shall review the plan for conformity to the requirements of this chapter and the planned industrialminor site development permit.plan. If the city planner finds the plan to be in substantial conformance with all such requirements, the city planner shall approve the plan. 21.34.140 Certification of occupancy A certification of occupancy shall not be issued for any structure ti^reguiring a planned industrialminor site development plan pursuant to this chapter until all improvements required by the planned industrial permitminor site development plan have been completed to the satisfaction of the city engineer, city planner and the community and economic development director. Section 21.34.16Q(g) (g) A list of assessments as finally confirmed by the city council shall be sent to the city treasurer for collection. If any assessment is not paid within ten days after its confirmation by the city council, the city clerk shall cause to be filed in the office ofthe county recorder a notice of lien, substantially in the following form: NOTICE OF LIEN Pursuantto Chapter 21.34, Title 21, ofthe Carisbad Municipal Code (Ordinance No. 9693). the City of Carisbad did on the day of . 20 , cause maintenance and repair work to be done in the Planned Industrial Development project known as which was constructed under the Planned Industrial Dovolopmont PormitMinor Site Development Plan No. , for the purpose of abating a public nuisance and enforcing compliance with the terms of said eefmrtminor site development plan, and the Council of the City of Carisbad did on the day of , 20 , by its Resolution No. assess the cost or portion of the cost thereof upon the rear property hereinafter described, and the same has not been paid nor any part thereof, and the City of Carisbad does hereby claim a lien upon said real property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid Page 37 n LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carisbad, County of San Diego, State of California, particulariy described as follows: (Description of Property) Dated this day of 20_ City Clerk, City of Carisbad AMENDMENTS TO CHAPTER 21.35 -R VILLAGE REVIEW ZONE List of Sections in Chapter 21.35 21.35.010 Intent and purpose 21.35.015 Village redevelopment plan expiration 21.35.020 Incorporation of 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 Village review permit 21.35.080 Village review projects 21.35.085 Permit aApplication and fees 21.35.087 Notices and hearings 21.35.090 Housing and rodovolopmont diroctor actionDecision-making authoritv 21.35.100 Planning commission actionAnnouncement of decision and findings of fact 21.35.110 Effective date of order—Appeal of planning commission decisionand appeals 21.35.115 Citv council actlonExpiration. extensions and amendments for viiiage review permits 21.35.117 Notico of public hearings 21.35.120 Findings of factConsolidation of other permits and discrotionarv approvals Findings requirements 21.35.130 Variances 21.35.140 Compliance with other provisions of this code 21.35.150 Amendments to the village master plan and design manual Section 21.35.070 21.35.070 Village review permit Unless otherwise determined to be anspecificallv exempt project pursuant to Section 21.35.080 ofthis chapter, no building permit or other entitlement shall be issued for anv development shall occuror use in the aroa subiect to this chaptor withoutV-R zone unless there is a valid village review permit approved for the propertv. Page 38 7P LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.35.080 21.35.080 Village review projects (a) Exempt Projects. No village review 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.MTQ30.201.060: and requires no village review 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 ten percent 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 Carisbad 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 village review permits required for nonexempt projects. One permit for each type of development project described as follows: (1) Administrative Village Review Project. An administrative village review proiect is one which resultspermit shall be reguired for proiects that: 1) result in minor new construction and/or a change in a development which requires no other discretionary approvals, except an administrativea minor variance within the authority of either the diroctor of planning or tho housingcitv planner, and rodovolopmont diroctor. and includos2) include, but Isare 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 Page 39 113 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (C) Provisional land uses, where a minor or major redevelopmentvillage review 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 Carisbad Coastal Zone provided that said demolition has no potential to create an adverse impact on coastal resources and/or public access to the coast; and does not include any overnight accommodations. (2) Minor Village Review Project. A minor village review proiectpermit is ono which deesreguired for proiects that do not qualify as an administrative redovolopmontvillage review project and/or involvesinvolve new construction with an estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. (3) Major Village Review Project. A major village review proiectpermit is ono which deesreguired for proiects that do not qualify as an administrative or minor redovolopmontvillage review project and/or involvesinvolve new construction with an estimated permit value of one hundred fifty thousand dollars or more. Section 21.35.085 through 21.35.130 21.35.085 Permit applicationApplication and fees (a)A An application for aan administrative, minor or maior village review permit fGF-x^ non-exempt development projoct as defined in Soction 21.35.080 may be made by the record owner or owners of the propertvr affected or the authorized agent or agents for tho proporty, on which tho dovolopmont is proposedof the owner. The application shall; be filod with the director upon fonns providod by tho diroctor. and shall bo processed in accordanoo with tho provisions of Section 21.5^.010 ofthis codo. 1. Be made in writing on a form provided bv the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application; and 3. Be accompanied bv adequate plans, a legal description of the propertv involved and all other materials as specified bv the citv planner. B. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. Page 40 )74 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (b)0 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 planning commission and the city council. (G) The application shall be accompanied by a foo in tho amount ostablishod by city council resolution. No application shall bo aocoptod or doomed accoptod until tho appropriate foo or foos havo boon paid. 21.35.087 Notices and hearings A. No public notice or hearing shall be reguired for an application for an administrative village review permit. B. Notice of an application for a minor or maior village review permit shall be given pursuant to the provisions of Sections 21 •54.060.A and 21.54.061 of this title. 21.35.090 Housing and rodovolopmont diroctor actionDecision-making authoritv (a)A. Exemption determination. 1^ After the application has been accepted as complete., the citv plannerdirector shall determine ifthe project is exempt from the requirements ofthis 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 citv planner diroctor shall determine: a. 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 citv plannerdlfeGteF may impose such conditions as are necessary to protect the public health, safety and welfare. b. Tho diroctor shall ilnform the applicant whether the project is exempt within ten calendar days ofthe determination that the application is complete.^Fhe decision of the diroctor on all exempt determinations is final, (subjoct to the potential dispute resolution process as providod in Soction 21.81.050). c. The director shall mMaintain 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 ofthe project. The record shall also include the reason for exemption. B. Applications for administrative, minor and maior village review permits shall be acted upon in accordance with the following: 1. Administrative village review permits a. An application for an administrative village review permit mav be Page 41 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application, and of the circumstances of the particular case. (bJ The citv plannerdifeGteF may approver or conditionally approve er defiyan administrative village review permits-if all of the findings of fact in Section 21.35.120 of the chapter are found to exist.for tho village as dofinod in Section 21.35.080, subjoct to appnnl to the planning commission. (G) Aftor all nocossary reports and rocommondations havo boon received tho diroctor shall transmit tho application for a minor or major villago review pormit together with tho reports and the recommendations of tho appropriate departments to tho Planning Commission for a public hearing. (d) Tho diroctor shall transmit to tho planning commission all timely appeals on administrative permits and administrative variances. (e) ——The diroctor may grant, conditionally grant or deny applications for the types of administrative variances sot forth in Soction 21.51.020 of this codo and in accordanco with tho procoduros providod in Chaptor 21.51 of this code, oxcopt that tho diroctor and tho planning commission shall serve as tho appropriate approving bodies for projects within tho villago roviow aroa. If tho project includes othor discrotionary approvals outside tho diroctor's authority, tho diroctor shall sot tho consolidatod projoct for public hearing by tho planning commission. (f) The effective date of ordor of a housing and rodovolopmont diroctor docision and tho method for appeal of such docision shall bo govornod by Soction 21.5*1.1^0 of this codo. 2. Minor village review permits a. An application for a minor village review permit mav be approved, conditionallv approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. b. The planning commission shall hear the matter, and mav approve or conditionallv approve the minor village review permit if all of the findings of fact in Section 21.35.120 ofthis title are found to exist. 3. Maior village review permits a. An application for a maior village review permit mav be approved, conditionallv approved or denied bv the citv council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. b. Before the citv council decision, the planning commission shall hear and consider the application for a maior village review permit and shall prepare a recommendation and findings for the citv council. Page 42 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. The citv council shall hear the matter, and mav approve or conditionallv approve the maior village review permit if all of the findings of fact in Section 21.35.120 of this title are found to exist. 21.35.100 Announcement of decision and findings of fact A. When a decision on an administrative, minor or maior village review permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. 21.35.110 Effective date and appeals A. Citv planner decisions shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this title. B. Planning commission decisions shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 of this title. C. Citv council decisions are final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.35.115 Expiration, extensions and amendments for village review permits. A. The expiration period for an approved administrative, minor or maior village review permit shall be as specified in Section 21.58.030 ofthis title. B. The expiration period for an approved administrative, minor or maior village review permit mav be extended pursuant to Section 21.58.040 ofthis title. C. An approved administrative, minor or maior village review permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. 21.35.120 Findings of fact. A. No determination or decision shall be made pursuant to this chapter unless the decision-making authoritv finds, in addition to anv other findings otherwise reguired for the proiect. that the proiect is consistent with this code, the general plan, and the village master plan and design manual. 21.35.130 Variances A. An application for a variance within the V-R Zone shall be processed in accordance with the provisions of Chapter 21.50 of this title. 21.35.100 Planning commission action (a) Tho planning commission shall hold a public hearing on: (4) Appeals of decisions made by the diroctor on administrative village review permits for tho villago aroa as dofinod in Section 21.35.080 or administrative variances; Page 43 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) Minor or major village roviow permits; and (3) Non-administrative variances for which tho board has final decision making authority pursuant to Section 21.35.130(b). (b) For major village roview projects, tho commission shall consider tho evidence and by rosolution roport and rooommond to the city council approval, conditional approval, or donial ofthe project. Such rosolution shall stato, among othor things, the facts and reasons why the commission determined tho approval, conditional approval or donial to be consistent with this chapter. Tho action to approve, conditionally approve or dony is advisory to tho council. (G) Tho commission shall have sole authority to considor tho evidence and by resolution report and recommend to tho city council approval, condition approval, or denial of revisions to applicablo chapters ofthe Carisbad Municipal Codo. villago master plan and design manual and/or other policy documents specifically related to activities which benefit and/or otherwise impact the villago area. 21.35.110 Effoctivo dato of ordor—Appeal of planning commission docision The effective date of tho planning commission docision and method for appeal of such docision shall bo govornod by Soction 21.5^.150 ofthis codo. 21.35.115 City council action The city council shall hold a public hearing on: (a) ——Any major villago roviow pormit for which the planning commission has filod a report and rocommondation with tho city dork; or (b) — Any other mattor made appealable to the council by this chapter and which has boon timely appoalod. 21.35.117 Notico of public hearings. Notice of any public hearing required by this chaptor shall bo given as provided in Soction 21.51.060(1) ofthis codo. 21.35.120 Consolidation of othor permits and discrotionary approvals—Findings requirements (a) Whonoyor a projoct would require a pormit or approval undor tho provisions of this titlo and/or Titlo 20 notwithstanding this chaptor, tho villago roviow pormit shall bo doomed to satisfy tho roquiromonts for suoh pormit or approval; providod. howovor, that in considoring the village review pormit for said project the diroctor. planning commission and tho city council shall apply tho provisions ofthis chaptor and the provisions ofthis titlo otherwise applicable to such othor pormit or approval for tho project. (b) Whenever a project consists only of exemption determinations and/or administrative permits or administrative variances within tho authority of either tho director of Page 44 I7S LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) planning or the diroctor, they shall bo consolidated and considorod by tho director, subjoct to appeal to the planning commission with regard to determinations othor than exemptions. (G) If the projoct inciudos permits or other discretionary approvals outsido tho diroctor's administrative pormit or administrative variance authority, tho administrative pormit and/or administrative variance aspects shall be consolidatod with tho other matters and submitted to tho planning commission. (d) No variance, dotormination of oxomption or administrative, minor or major villago review permit shall bo granted unless the decisionmaker finds, in addition to any other findings otherwise required forthe project, that the project as approved, or conditionally approved is consistent with this codo, tho general plan, and tho villago master plan and design manual. 21.35.130 Variances. (a) The city council may grant variances from the limits, restrictions and controls established by this chaptor for major village review permits if the commission finds that: (4) Bocauso of spocial circumstances applicablo to tho subject proporty, including size, shape, topography, location or surroundings, tho strict application of tho zono regulation deprives such proporty of privileges enjoyed by othor proporty in the vicinity and undor identical zoning classification; (3) The variance shall not constitute a grant of spocial privileges inconsistent with the limitations upon other properties in tho vicinity and zono in which the subject proporty is located and is subject to any conditions necessary to assure compliance with this finding; (3) Tho variance doos not authorize a uso or activity which is not othonA/iso expressly authorized by tho zono regulation governing tho subjoct proporty; (4) The variance is consistent with the gonoral purpose and intent of tho gonoral plan and tho Carisbad villago master plan and design manual; (5) In addition, in tho coastal zone, that tho variance is consistont with and implements the roquiromonts of tho oortifiod local coastal program and that tho varianoo dooo not reduce or in any manner adversely affect the protection of coastal resourcos as specified in tho zones includod in this titlo, and that the variance implements tho purposes of zones adopted to implement tho local coastal program land uso plan. (b) An application for a variance shall bo processed in tho samo manner established by this chapter for a villago roview pormit. (G) Tho planning commission may grant variances from tho limits, restrictions and controls ostablishod by this chaptor for minor roviow projects (or othorwiso administrative projects consolidatod or on appeal from a diroctor docision). if tho commission makos tho variance findings set forth in subsection (a) ofthis section. (d) Tho diroctor may grant administrativo variances in accordanoo with Soction 21.35.090(0). ifthe director makes the findings set forth in subsection (a) of this section. Page 45 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.35.150 21.35.150 Amendments to the village master plan and design manual. Amendments to 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 ofthis code. Amendment ofthe village master plan and design manual by city council resolution, with a recommendation from the planning commission shall be deemed to satisfy the requirements of Chapter 21.52 of this code, provided all other requirements are met. AMENDMENTS TO CHAPTER 21.37 RMHP RESIDENTIAL MOBILE HOME PARK ZONE List of Sections in Chapter 21.37 21.37.010 21.37.020 21.37.030 21.37.040 21.37.050 21.37.060 21.37.070 21.37.075 Intent and purpose Permitted uses Permit required Application and fees Transmittal to tho planning commissionDecision-making authoritv Planning commission reportAnnouncement of decision and findings of fact City council dotorminationEffective date Extensions, expiration and amendments 21.37.080 Final mobile home park plan 21.37.090 Design criteria 21.37.100 Development standards 21.37.110 Removal of mobile home park zone 21.37.120 Conversion 21.37.130 Waiver of tentative and final map for mobile home park conversions 21.37.140 Severability Section 21.37.040 through 21.37.075 21.37.040 Application and fees A Application for a mobile homo park pormit shall bo made to tho city council through tho planning dopartmont and planning commission in accordanco with tho procoduroi set forth in this soction: 4 A. An application for a mobile home park permit may be made by the record -of the property GR—which—the—dovolopmont—is—proposod—te—be constructodaffected or the authorized agent of the owner. The application shall be filod with; owner er—ownors 1 Be made in writing on a form provided bv the city planner-; Page 46 1^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. State fullv the circumstances and conditions relied upon as grounds for the application: and shall contain a 3. Be accompanied bv: .A legal description of the property involved and an explanation and description of the proposed use. The city planner may proscribe the form and Content of suoh application; ^ A fee as ostablishod by city council rosolution shall be paid whon application for a mobile homo park pormit is mado; Tho application shall bo accompanied bvAdeguate plans, which include a development plan includingshowing the location of ali mobile home lots and accessory buildings, a landscape plan and a grading plan including cross-sections of any proposed grading. The city planner may require any additional documents or information nocossary to insure completo roviow of tho projoct; iii. All other materials as specified bv the citv planner. 4. If the applicant contemplates the construction of a mobile home park in phases, the application shall so state and shall include a proposed construction schedule; 5. If the project is to provide open areas and recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common elements of the property; and 6. If the proposed park will be a condominium or planned unit development, a tentative map prepared according to the requirements of Chapter 20.12 ofthis code shall be filed at the time of the application for the mobile home park. No tentative map for a mobile home condominium or planned unit development shall be approved unless a mobile home park permit has first been approved. A tentative map for a mobile home condominium or planned unit development shall not be deemed submitted for approval until the date of the first planning commission hearing on the permits. B. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. 21.37.050 Transmittal to the planning commission. A Tho city planner shall transmit tho application for a mobile homo park pormit. togothor with his rocommondation thoroon, to tho planning commission for public hearing whon all necessary reports and procossing havo boon complotod. Whon an application is rolativo to another discretionary permit, it may be considered by the planning commission concurrent with their consideration of such discretionary permit. Notice of tho public hearing shall be given as provided in Section 21.5^1.060(1). Page 47 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.37.060 Planning commission roport. A The planning commission shall hear and considor tho application for a mobilo homo park pormit and shall prepare a roport and recommondation for tho city council. A copy of the report and recommendation shall bo mailed to the applicant and shall be filed with tho city clerk who shall sot tho mattor for public hearing before tho city council. Notice of the public hearing shall be given as provided in Soction 21.51.060(1). 21.37.070 City council determination. A The city council may approve, conditionally approve or disapprove a mobile homo park permit. Such dotormination shall bo mado in accord with this codo, tho gonoral plan and any applicablo spocific plans. BT A pormit shall not bo approved or conditionally approved unless tho council finds that the design and improvement of the project are consistent with the devolopment standards and design criteria ostablishod by this chaptor. 21.37.050 Decision-making authoritv A. An application for a mobile home park permit mav be approved, conditionallv approved or denied bv the citv council based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. B. Before the citv council decision, the planning commission shall hear and consider the application for a mobile home park permit and shall prepare a recommendation and findings for the citv council. The action of the planning commission shall be filed with the citv clerk, and a COPV shall be mailed to the applicant. 0. The citv council shall hear the matter, and mav approve or conditionallv approve the mobile home park permit if it finds that the design and improvement of the proiect are consistent with the development standards and design criteria established bv this chapter. 21.37.060 Announcement of decision and findings of fact A. When a decision on a mobile home park permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis code. 21.37.070 Effective date A. The decision of the citv council on a mobile home park permit is final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.37.075 Expiration and extensions and amendments A. The expiration period for an approved mobile home park permit shall be as specified in Section 21.58.030 ofthis title. Page 48 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. The expiration period for an approved mobile home park permit mav be extended pursuant to Section 21.58.040 of this title. C. An approved mobile home park permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. AMENDMENTS TO CHAPTER 21.38 P-C PLANNED COMMUNITY ZONE List of Sections in Chapter 21.38 21.38.010 Intent and purpose 21.38.020 Permitted uses and structures 21.38.021 Community facilities sites required 21.38.025 Second dwelling units 21.38.030 General provisions 21.38.040 Master plan required 21.38.050 Application and fees 21.38.060 Contents of master plan 21.38.070 Exception to master plan 21.38.070 Notices and hearings 21.38.080 21.38.090 21.38.100 Prefiling procoduroDecision-making authoritv Citv Planner's dutiesFindings of fact Planning commission duties 21.38.110 City council action 21.38.100 Effective date and appeals 21.38.110 Reserved. 21.38.120 Amendment of master plan 21.38.130 Implementation of master plan 21.38.140 Additional standards 21.38.141 Additional standards—Rancho La Costa, Batiquitos Lagoon Watershed 21.38.150 Undeveloped areas of existing planned communities Section 21.38.050 21.38.050 Application and fees A. Prefiling procedure. 1. Prior to filing an application for a master plan, an applicant mav prefile the proposal with the citv planner for review. 2. The citv planner shall contact interested departments and agencv personnel and arrange anv necessarv meetings with the applicant. This procedure mav involve a review ofthe general outline ofthe proposal. Page 49 "53 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 3. After review, the citv planner shall provide the applicant with written comments, includinq recommendations as appropriate to inform and assist the applicant prior to the applicant's formal application. B. Master Plan Application. 1. An application for a master plan and all related amendments mav be made bv the owner of the propertv affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided bv the citv planner: b. State fullv the circumstances and conditions relied upon as grounds forthe application: and c. Be accompanied bv a preliminarv master plan graphic and text, open area plan and sign program, a legal description of the propertv involved and all other materials as specified bv the citv planner. C. At the time of filing a preliminarv application or a master plan application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. An application for approval of a master plan shall bo mado to tho city council through tho planning department and planning commission in accordanco with procedures sot forth bolow: {^ An application for a master plan may bo mado by tho record ownor or ownors, or thoir duly authorized agents, of tho subjoct property. It shall bo filod with tho city planner and must contain tho signatures ofthe record ownor or ownors ofthe subjoct proporty. (2) The planning commission may proscribe the form and content for such application. (3) A foo in an amount ostablishod by city council rosolution shall bo paid whon tho application is filod. (4) Tho application shall bo accompanied with a preliminary master plan graphic and text, opon aroa plan, and sign program. Section 21.38.060.B (B) Location of the various land uses shall be indicated by the use of zone designations of development zones and overiay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations ofthe indicated zone unless specifically modified as a part of the master plan approval. All master plans shall allow a maximum building height of thirty feet and two stories if a minimum roof pitch of 3/12 is provided or twenty-four feet and two stories if less than a 3/12 roof pitch is provided for single- family and duplex projects on lots with a lot area less than twenty thousand square feet in size. Lots with a lot area of twenty thousand square feet or greater and zoned R-1 and specifying a - Page 50 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 20 or greater area zoning symbol by the master plan may have a building height limit of thirty- five feet and three stories with a minimum roof pitch of 3/12 provided. A master plan may impose a lower building height limit than those stated in this section in its development standards. Neighborhood commercial uses within a master plan shall conform to Section 21.26.030 ofthe C-1 zone. Tourist-oriented commercial uses within a master plan shall conform to Section 21.29.060 ofthe C-T zone. All other commercial uses within a master plan shall conform to the building height regulations contained in Section 21.28.030 ofthe C-2 zone. All industrial uses within a master plan shall conform to the building height regulations as contained in Section 21.34.070A-(4) ofthe P-M zone. Office uses shall conform to Section 21.27.050A3 {^} of the O zone. Section 21.38.070 through 21.38.120 21.38.070 Notices and hearings A. Notice of an application for a master plan shali be qiven pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.38.080 Decision-making authoritv A. An application for a master plan, mav. bv ordinance, be approved, conditionally approved or denied by the citv council. 1. Before the citv council decision, the planninq commission shall hear and consider the application for a master pian and shall prepare a recommendation and findings for Ihe city councii, induding all matters set out in Section 21.38.090 ofthis chapter. The action of the planning commission shali be filed with the citv derk. and a copy shali be mailed to the applicant. 2. The city coundl shall hear the matter, and after considering the findinqs and recommendations ofthe pianning commission, may bv ordinance approve or conditionaliv approve the master pian if. from the evidence presented at the hearing, all of the findings of fact in Section 21.38.090 of this chapter are found to exist. 3. The citv council mav make substantial modifications to the planning commission's recommendation on a proposed master plan, includinq modifications not previouslv considered bv the planning commission. The citv council, in its discretion, mav refer said modifications back to the Planning Commission for recommendation. 21.38.070 Exception to master pian. Areas within a mastar plan may be reserved for future planning, provided such areas do not exceed forty percent ofthe entire master plan area. Such reserved areas shali bo so develepmefttr Page 51 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.38.080 Prefiling proceduro. Prior to filing an application for a master plan, an applicant may profile tho proposal with tho city planner for roview. Tho city planner shall contact interested deportments and agoncy personnel and arrange any nocossary meetings with tho applicant. This procedure may involve a review ofthe gonoral outiino ofthe proposal. After review, tho city planner shall furnish tho applicant with writton comments regarding the review conferences including recommendations as appropriate to inform and assist tho applicant prior to tho applicant's formal application for master plan approval. Tho city planner shall submit writton comments within twenty days aftor completion of roviow or within thirty days aftor receiving writton roquost for such commont from the applicant 21.38.090 City Planner's duties. Tho city planner shall sot a master plan for hearing boforo tho planning commission within sixty days of receipt of a complete application. Tho hearing dato may bo extended beyond sixty days provided there is writton concurronco from tho applicant. Tho public hearing shall bo noticed and hold in accordanoo with tho provisions of Chapters 21.52 and 21.54. A staff roport containing rocommondations on tho plan shall bo proparod and furnished to the public, the applicant, and the planning commission priorto the hearing. 21.38.100 Planning commission duties. The planning commission shall hoar and considor tho application for a master plan and shall prepare rocommendations and findings for the city council including all matters set out in Section 21.38.110. The action ofthe commission shall bo filod with tho city clerk, and a copy shall be mailed to the applicant. 21.38.440090 Citv council aotionFindings of fact (a) When tho planning commission action is filed with tho city dork, tho dork shall set the mattor for public hearing boforo the city council, to bo noticed and hold in accordance with tho provisions of Chapters 21.52 and 21.51. (b) The city council shall hoar tho matter, and aftor considoring tho findings and recommendations ofthe planning commission, may by ordinance approve a master plan if, from the evidence presented at the hearing, tho council finds that all ofthe following facts exist: A. The citv council shall not approve or conditionallv approve a master plan unless all of the following facts exist: (1)., The proposed development as described by the master plan is consistent with the provisions of the general plan and any applicable specific plans. (2)^ All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions ofthe capital improvement program applicable to the subject property. (3)i The residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character ofthe surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the Page 52 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) anticipated population and appear acceptable to the public authorities having jurisdiction thereof. (4)., The proposed commercial and industrial uses will be appropriate in area, location and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this titie. (5) . In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development. (6) . The streets and thoroughfares proposed are suitable and adequate to . carry the anticipated traffic thereon. (7)^ Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed. (8)^ The area sun-ounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. (9)i Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project. (G) The city council shall mako no substantive modification of a proposod master plan as rocommondod by tho planning commission unless and until such modification has boon roforrod to tho planning commission for additional study, roport and rocommondation. Such additional study, roport and rocommondation shall bo mado by tho planning commission within forty days of tho dato of tho referral, unless and except as tho city council may grant tho planning commission additional timo for its roviow ofthe mattor. Failure ofthe planning commission to act within tho timo limit constitutes thoir concurronco with tho city council actions. 21.38.100 Effective date and appeals A. The decision of the citv council is final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.38.110 Reserved. 21.38.120 Amendment of master plan A. An approved master plan mav be amended pursuant to the following: 1 • An application to amend a master plan shall be submitted in accordance with Section 21.38.050 ofthis chapter, or mav be initiated bv citv council motion. 2. Minor master plan amendments. Page 53 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. Master plan amendments, which are determined bv the citv planner to be minor in nature, mav be approved, conditionallv approved or denied bv the planning commission at a public hearing noticed in accordance with Chapter 21.54 ofthis title. i. A minor amendment shall not change the densities or boundaries ofthe subiect propertv. or involve an addition of a new use or group of uses not shown on the original master plan, or the rearrangement of uses within the master plan. 3. Master plan amendments. a. Master plan amendments that are not minor in nature shall be processed in accordance with Section 21.54.125 ofthis title. (a) The amendment of a master plan may bo initiated by tho property ownor or authorized agont as follows: (4) A request for an amendment shall bo submitted to the city planner in writton form and shall bo acoompaniod by such additional graphics, statomonts. or other information as may bo roquirod to support tho proposod amondmont. Tho planning commission shall consider tho proposed amendment at its next regular mooting. (2) Ifthe planning commission considers tho amondmont minor in nature, tho additional graphics, statomonts or other information may bo approved by tho planning commission and made a part of tho original city council approval without tho necessity of a public hearing. (3) - A minor amendment shall not change tho densities, or tho boundaries of the subjoct proporty or involve an addition of a now use or group of usos not shown on tho original master plan ortho roarrangomont of usos within tho master plan. Ifthe planning commission determines that the amendment is not minor or that a hearing is othorwiso necessary, it shall set tho matter for public hearing. (4) If public hearing is roquirod, tho applicant shall submit a complotod application with graphics, statements, or other information as may bo roquirod to support tho proposed modification. (5) A foo in an amount established by city council rosolution shall bo paid whon a master plan amondmont application is filod. (§) An application for a modification of a master plan for which a hearing is required shall bo processed, heard, and determined in accordanco with the terms ofthis chaptor applicablo to tho adoption of a master plan. (fe) The city council may by motion initiate an amondmont to a master plan. Such amendments shall be prooossod, hoard and determined in accordanco with tho terms ofthis chapter applicable to the adoption of a master plan. Page 54 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.40 [SCENIC PRESERVATION OVERLAY ZONE List of Sections in Chapter 21.40 Intent and purpose Application Permitted uses and structures Special use permit required Scenic corridors Exceptions Permit application 21.40.010 21.40.020 21.40.030 21.40.040 21.40.045 21.40.050 21.40.060- 21.'10.070 Filing Application and fees 21.40.070 Notices and hearings 21.40.080- 21.40.085 Information to accompany permit applicationDecision-making authoritv Findings of fact and decision considerations 21.40.090 Transmittal to tho planning cemmissionAnnouncement of decision and findings of fact 21.40.095 Effective date and appeals 21.40.100 Planning commission dotorminationExpiration. extensions and amendments 21.40.110 Development standards 21.40.115 Scenic corridor development guidelines . 21.40.117 Contents of scenic corridor guidelines 21.40.120 Conditions 21.40.130 Announcements of findings and decision by resolution Reserved 21.40.135 Coastal zone restrictions 21.'1Q.110 Effoctivo date of order and appeal of planning commission docision Section 21.40.040 through 21.40.100 21.40.040 Special use permit roquirod Unless specifically exempted from the permit roquiromont pursuant to Section 21.'10.Q50requirements ofthis chapter, no buildinq permit or other entitiement shall issuebe issued for any development or use pormittod by Section 21.10.030 nor shall any such uso bo ostablishod untilin the S-P zone unless there is a valid special use permit has boon issuod pursuant to this chapterapproved for the propertv. 21.40.050 Exceptions The following uses are excepted from the special use permit requirements: (1) Development of one single-family dwelling unit on a parcel of record as of Mav 2. 1974at the time of adoption of this chapter: (2) Minor modification or alteration of existing structures or buildings which involves new land coverage of less than two hundred square feet and does not increase the height of the Page 55 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) existing structure; (3) The repair or reconstruction of an existing nonconforming structure that is destroyed by fire or other disaster to no more than fifty percent ofthe structure's original value. 21.40.060 Permit applioationApplication and fees Tho city planner shall proscribe tho form for spocial uso pormit applications and may proscribe tho typo of information to bo submitted. No application shall bo accoptod unless it complies with such requirements. Tho application after payment of tho required foo shall bo filod with tho city planner. A. An application for a special use permit mav be made bv the owner of the propertv affected or the authorized agent ofthe owner. The application shall: 1. Be made in writing on a form provided bv the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans, a legal description of the propertv involved and all other materials as specified by the citv planner. B. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. 21.40.070 Filing foosNotices and hearings The filing foes for a spocial uso pormit shall bo as tho city council may by rosolution establish. A. Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.40.080 Decision-making authoritv A following: Applications for a special use permit shall be acted upon in accordance with the 1. An application for a special use permit mav be approved, conditionallv approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 2. The planning commission shall hear the matter, and mav approve. conditionallv approve, or denv the special use permit if all of the findings of fact in Section 21.40.085 of this titie are found to exist. 21.40.080 Information to accompany permit application An application for a spocial uso permit shall bo accompanied by fivo copios of tho following, oxcopt as othenvise specified: Page 56 90 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Plot plan ofthe proporty involved, showing proposod grading, structure(s) or uso; (2) Legal description ofthe proporty involved; (3) Description ofthe proposod uso ofthe property unless such can bo sufficiently described on the application form; (4) Environmental impact assossmont (ono copy only); (§) Environmental impact roport (twenty copios), if roquirod; and (^) Any othor maps, plans, information and data that tho city planner may doom appropriate. 21.40.090 Transmittal to tho planning commission The city planner shall transmit tho application for a spocial uso pormit, togothor with rocommondation thoroon, to tho planning commission whon all nocossary reports and procossing havo boon complotod. Whon an application is rolativo to another discrotionary permit, it may bo considered by the planning commission concurrent with their consideration of the discrotionary pormit. Tho city planner shall notify the applicant of tho dato and placp at which tho commission will considor tho mattor at loast seven days prior to such considoration. 21.40.400085 Planning commission dotorminationFindings of fact and decision considerations A. Findings of fact 1 Tho planning commissionThe decision-making authoritv shall not issue a special use permit unless thev determineit is found that the pormit; a. The proiect is consistent with the purposes of this chapter and all other applicable reguirements of this code: b. The proiect is consistent with the general aftd-plan. local coastal program, and applicable master or specific plans, and that it; c. The proiect will not adversely affect the scenic, historical or cultural qualities ofthe property. B. Decision considerations. 1 In exorcising thoir discrotion inWhen making such detorminationsa decision on a special use permit, the oommissiondecision-making authoritv may impose specific development standards in accord with Section 21.10.1 lOaccordance with Section 21.40.110 and shall consider the following factors: (4)a. When the S-P scenic preservation overiay zone is applied to protect something worth looking at, i.e.. a landmark, a civic center, a mountain or an area Page 57 /9i LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) bounding the main entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity. (2) b. When the S-P scenic preservation overiay zone is applied to an area from which there is an outstanding view, i.e., a scenic corridor, the development standards of the proposed use should deal with maintaining those views as much as possible. (3) c. Special consideration should be given to preserving the following: (A)i. Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief in the form of natural contrast to the city; . district and city identity; and other notable landmarks; (B)ii. Open space areas which assist in defining neighborhood, (G)liL Unique topographical features or natural rock outcroppings 21.40.090 (0)iyi Areas of significant historical value; (E)y. Prime vista sites; (F)yL Scenic and historical corridors. Announcement of decision and findings of fact When a decision on a special use permit is made pursuant to this chapter, the decision- making authoritv shall announce its decision in writing in accordance with the provisions, of Section 21.54.120 ofthis title. 21.40.095 Effective date and appeals A. Decisions on special use permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 ofthis titie. 21.40.100 Expiration, extensions and amendments A. The expiration period for an approved special use permit shall be as specified in Section 21.58.030 of this titie. B. The expiration period for an approved special use permit mav be extended pursuant to Section 21.58.040 ofthis titie. C. An approved special use permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. Page 58 19^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.40.130 and 21.40.140 21.40.130 Announcomonts of findings and docision by resolutionReserved. Not moro than twenty days following tho tormination of tho procoodings on a spocial uso pormit, the planning commission shall announce its findings and docision by formal rosolution, and tho resolution shall rocito, among othor things, the facts and reasons which, in the opinion ofthe planning commission, make tho approval, conditional approval or denial ofthe special uso permit necessary to carry out tho provisions and general purpose ofthis chaptor, and shall ordor that tho spocial uso pormit bo granted or doniod, and if such rosolution orders that tho spocial uso pormit bo granted, it shall also rocito such conditions and limitations as tho commission may impose. 21.40.140 Effoctivo dato of order and appeal of planning commission decision. The effective date of tho planning commission's docision and method for appeal of such docision shall bo govornod by Section 21.54.150 ofthis codo. AMENDMENTS TO CHAPTER 21.41 SIGN ORDINANCE List of Sections in Chapter 21.41 21.41.005 Purpose 21.41.010 Applicability 21.41.020 Definitions 21.41.025 General provisions 21.41.030 Prohibited signs 21.41.040 Signs on private property not requiring a sign permit 21.41.050 Appiication and permit procedures 21.41.060 Sign programs 21.41.070 General sign standards 21.41.080 Sign design standards 21.41.090 Coastal zone sign standards 21.41.095 Permitted permanent signs 21.41.100 Permitted temporary signs 21.41.110 Construction and maintenance 21.41.120 Removal of signs 21.41.125 Appeal of donial orpermit revocation or sign removal 21.41.130 Nonconforming signs 21.41.140 Remedies and penalties 21.41.150 Violations 21.41.160 Severability Page 59 fib LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.41.050 and 21.41.060 21.41.050 Application and permit procedures A. Sign Permit Required. It shall be unlawful for any person to afl'ix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign within the city without first obtaining a sign permit in accordance with the provisions ofthis section, unless the sign is exempt from the permit requirement under Section21.41.040. 1. A sign permit shall not be required for cleaning or other normal maintenance of an existing sign, unless a structural or electrical change is made. 2. No sign permit is required when a political, religious or other noncommercial message is substituted for another commercial message on a pre-existing sign or when a noncommercial message is substituted for a noncommercial message on a properly permitted sign. B. Application for Permit. Theand fees. An application for a sign permit shallmav be made in writing on tho form providod by the planning dopartmont and shall bo accompanied feyowner of the property affected or the roquirod foe. Such application shall sot forth and GQfltalfiauthorized agent of the fbllowing informationowner. The application shall: 1, the application: and Be made in writing on a form provided bv the citv planner; State fullv the circumstances and conditions relied upon as grounds for 3. Be accompanied bv adeguate plans and all other materials as specified bv the citv planner, including the following: A drawing to scale showing the design of the sign, including dimensions, sign size, colors (applies to commercial message signs only), materials, method of attachment, source of illumination and showing the relationship to any building or structure to which it is proposed to be installed or affixed or to which it relates. A site plan, including all dimensions, drawn to scale indicating the location ofthe sign relative to the property line, rights-of-way. streets, sidewalks, vehicular access points and existing buildings or structures and off-street parking areas located on the premises. The number, size, type and location of all existing signs on the same building, lot or premises. Any structural information and plans necessary to ensure compliance with the latest adopted building code and electrical code. G4. Fees. All signs require aAt the time of filing the application, the applicant shall pay the sign permit fee-and plan checking fee (if applicable) that shall bo paidcontained in Page 60 \1H LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) accordanco with the most recent fee schedule council. ^adopted by resolution of the city O. Method of Roviow. C. Decision-making authoritv. An application for a sign permit mav be approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. 1. The decision-making authoritv shall act on the sign permit within fifteen davs after receiving a complete sign permit application. 2. The decision-making authoritv shall approve or conditionallv approve the sign permit if all of the findings of fact in subsection D of this section are found to exist. 3. If conditions are applied to the permit, thev shall be limited to reguiring compliance with this chapter. D. Findings of fact The purpose of a sign permit is to ensure compliance with the provisions ofthis chapter and the relevant building and electrical codes. Aftor receiving a complete sign application, tho community development diroctor or dosignoo shall render a decision to approve, approve with modifications or dony such sign application within fiftoon days; howovor. an approval with modifications shall bo limited to requiring complianco with this chaptor. Tho application shall bo approved and tho pormit issuod whenever the proposod sign meets tho following roguiromontsThe application shall be approved and the permit issued ifthe decision-making authoritv finds: 1. The proposed sign conforms to all size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. 2. The proposed sign is consistent with any applicable sign program. 3. That thoThe proposed sign conforms to the construction standards of the latest adopted building and electrical codes. E. Effective date and appeals. Decisions on sign permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this title .Revocation or Cancollation of Pormit. The community developmont riirnntnr r^r rin.t-.ignnn shall revoke any issuod pormit upon refusal of tho holdor thereof to comply with tho provisions of this chapter after written notice of noncompliance and fifteen days opportunity to cure. F. Expiration, extensions and amendments. 1, Jf the work authorized under a sign permit has not been completed within six months afterthe date of issuance, such permit shall become null and void. 2. The expiration period for an approved sign permit mav be extended bv the decision-making authoritv for one six month period provided that: a. The permit remains consistent with the standards and reguirements of Chapter 21.41 in place at the time the extension is considered. Page 61 19 S LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. Circumstances have not substantiallv changed since the permit or approval was originally granted. 3. An approved sign permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. 21.41.060 sign programs A. Purpose. The purpose of a sign program is to integrate signs with building, site and landscaping design to form a unified architectural statement. Sign programs may not supersede the dimensional and number limits provided in Tables "A," "B" and "C" of Sections 21.41.040, 21.41.095 and 21.41.100, respectively. All sign programs must incorporate the substitution provisions ofthis chapter. Section 21.41.025(2). Sign program design standards do not apply to noncommercial messages and substitution of noncommercial messages is subject to owner's consent. B. Applicability. A sign permit for a sign program shall be required for: (1) master plans, (2) specific plans, (3) nonresidential projects requiring a site development plan processed pursuant to Chapter 21.06 of this code and (4) planned industrial or oflice parks of greater than twenty-five acres in area. For those projects requiring a sign program, no sign permit shall be issued for an individual sign, unless, and until, a sign program forthe lot or building on which the sign is proposed to be erected has been approved by the city in conformance with this chapter. 0. Application Requiromonts. Tho sign pormit and fees. An application for a sign program shaUmav be made in writing on tho form providod by the planning departmentowner of the propertv affected or the authorized agent of the owner. The application shall-fee accompanied by tho required foe. Such application shall contain tho following information: 1. Be made in writinq on a form provided bv the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans and all other materials as specified bv the citv planner, including the following: 4a. A copy of an approved development plan (master plan, specific plan or site development plan) drawn to scale showing the location of property lines, rights-of- way, adjacent streets, sidewalks and on-site buildings, landscaped areas, off-street parking areas and vehicular access points. 2b. A drawing to scale showing the design of each sign, including dimensions (height and width), sign size (area), colors, materials, method of attachment, source of illumination and location of each sign on any building, structure or property. 3c. Computation of the total number of signs, sign area for individual signs, total sign area and height of signs for each existing and proposed sign type. Page 62 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4d. A materials board or sign sample that is an accurate representation of proposed colors, material and style of copy. §e. The number, size, type and location of all existing signs on the same building, lot or premises. 4 At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. D. Decision-making authoritv. An application for a sign program mav be approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application and the circumstances of the particular case. 1. The decision-making authoritv shall act on the sign program within thirty days after receiving a complete application. 2. The decision-making authoritv shall approve or conditionallv approve the sign program if all of the findings of Section 21.41.050.D of this titie are found to exist. & Method of Roviow. After receipt of a comploto application for a sign program, tho community dovolopmont diroctor, or dosignoo, shall rondor a docision to approve, approve with modifications or dony such sign program application within thirty days. Tho docision of tho community devolopment director is final, but appoalablo pursuant to this chaptor. Nb sign application for a sign program shall be approved unless and until the requirements in subsection 21.11.050(D) aro satisfied. E. Existing Sign Programs. Existing sign programs approved prior to the effective date of this chapter are subject only to the substitution provision of this chapter; all other terms ofthe existing sign program shall continue in force. However, if any existing sign program is proposed for amendment to increase overall sign area, then the sign program must be amended to conform with all development and design standards of this chapter. F. Effective date and appeals. Decisions on siqn programs shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 ofthis titie. G. Expiration and amendments. 1. An approved sign program shall not expire unless otherwise stated in the sign program or other document provided bv the decision-making authority. 2. An approved sign program mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. ^. Amendments. An amendment to a sign program shall bo processed in tho samo manner as an original application for a sign program. GH. Binding Effect. After approval of a sign program, all signs subject thereto shall be erected, constructed, installed, displayed, altered, placed or maintained only in conformance with such program. Page 63 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.41.120 and 21.41.125 21.41.120 RemovalPermit revocation and removal of signs A. Revocation of Permit. The citv planner or designee shall revoke anv issued permit upon refusal of the holder thereof to compiv with the provisions of this chapter after written notice of noncompliance and fifteen davs opportunitv to cure. AB. Any sign which is unsafe, as defined herein, or which does not conform to Uniform Building Code and National Electric Code standards, or installed or placed in the public right-of-way or on public property contrary to the city council's policy, may be removed by any officer or employee ofthe city designated to do so by the communitv development directorcitv planner without prior notice. Alternatively, the communitv dovolopment diroctorcity planner may issue a notice of nonconformance and give the sign owner and/or the property owner fifteen days in which to cure the nonconformance. SC. Any other sign that is in violation of the provisions of this chapter must be removed by the permittee, owner or person in charge of the sign upon written notice by the communitv dovolopmont diroctorcity planner. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal ofthe sign orthe execution of remedial work in the time and in the manner specified by the notice. GD. The time for removal or repair shall not be less than thirty calendar days from the date of mailing the notice for permanent signs and not less than fifteen calendar days for temporary signs. OE. Within ten days of the mailing of the notice, the permittee, owner or person in charge ofthe sign may request a hearing before the community and oconomic development dtfeetefcity planner to determine whether the sign was erected or maintained in violation of this chapter. Such request must be made in writing and received by the city within the ten days after mailing of notice. Bf. Upon receipt of a written request for a hearing, the community and oconomic developmont diroctorcity planner shall schedule a hearing and send a written notice by first class mail ofthe time, place and date for the hearing, which shall be no later than thirty days after the date of receipt ofthe written request, unless the party responsible for the sign requests a later hearing date. The time for compliance with the original order shall be stayed during the pendency of the hearing. The community and economic development director will notify the appellant of the decision to affirm, modify or revoke the order to remove or repair within ten days of the conclusion of the hearing; failure to give such notice of decision shall result in the withdrawal of the notice of violation, but shall not prevent a new notice of violation being issued for a different time period from that specified in the original notice. FG. Whenever the permittee, owner or person in charge of the sign fails to comply with an order ofthe community and economic development director requiring compliance with this chapter, any expense of such inaction shall be charged to the permittee, owner or person in charge ofthe sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of the sign who fails to pay Page 64 1^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) such costs. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. GH. Every person billed may request a hearing regarding the accuracy of the amount billed. Following the hearing, the community and economic dovolopment directorcitv planner shall, within ten days ofthe conclusion ofthe hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid. Nonpayment becomes a lien on the property. 21.41.125 Appeal of denial orpermit revocation or sign removal A. Any person seeking to appeal a decision ofthe city planner in revoking a siqn permit or housing and neighborhood sorvicos diroctor in ordering the removal of a sign, must file a written notice of appeal in accordance with the provisions of Section 21.54.140 of this title. A Any person seeking to appeal a docision ofthe community and economic dovolopmont director granting or denying an application for issuance of, or ronowal of, a sign pormit, revoking a pormit or ordering tho removal of a sign, must filo a writton notico of appeal with tho city planner no latorthan ton days aftor tho date ofthe notice of tho docision. The notico shall state, with specificity, the factual and legal basis of tho appeal. Tho city planner shall expoditiously schodulo a hearing before the planning commission and notify the appellant, in writing, ofthe day, timo and location of tho hearing, which shall bo hold not latorthan thirty days aftor the notice of appeal is rocoivod by tho city. Tho time for compliance of any original order shall be stayed during tho pendency ofthe hearing boforo tho planning commission. & The planning commission shall hold a hearing and provide the appellant with a writton docision within ton days of tho conclusion ofthe hearing. If tho approval, denial, rovocation or removal ordor is affirmed on roview, the appellant may filo a writton notico of appeal to tho city council with tho city dork no later than ton days after tho date of tho notico of tho docision. The city dork shall thon schedule a hearing before the city council, which shall bo hold within thirty days ofthe receipt of tho notico of appeal, and notify the appellant, in writing, of tho day, timo, and location ofthe hearing; howovor, tho hearing may bo hold lator than thirty days upon the request or concurronco of tho appellant. Tho timo for compliance of any original ordor shall be stayed during tho pendency of the hearing before the city coundl. The city council shall provide tho appellant with a writton docision within ton days ofthe conclusion of tho hearing. Any porson dissatisfied with tho city council's docision may seek prompt judicial roviow pursuantto California Codo of Civil Procoduro Soction 1091.8. MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS List of Sections in Chapter 21.42 21.42.010 Purpose 21.42.020 AuthoritvReserved 21.42.030 Findings of fact 21.42.040 Conditions which may be added prior to granting permit 21.42.050 Application and fees Page 65 191 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.42.060 Notices and hearings 21.42.070 Decision-making procossauthoritv 21.42.080 Announcement of decision and findings 21.42.090 Mailing of notico of docision Reserved 21.42.100 AppealsEffective date and appeals 21.42.110 Expiration-peried. extensions and amendments 21.42.120 Revocation 21.42.130 AmondmontReserved 21.42.140 Development standards and special regulations *of fact Section 21.42.020 21.42.020 AuthoritvReserved. Tho city planner or his dosignoo may approve, conditionally approve or dony minor conditional use permits and tho planning commission or city council may approve, conditionally approve or deny conditional use permits, for usos in zones as proscribed in this titio, upon making tho findings of fact listed in Section 21.12.030 ofthis chapter. Section 21.42.030.A A. A minor conditional use permit or conditional use permit shattmay be granted only if the following facts are found to exist in regard thereto: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives ofthe general plan, including, if applicable, the certified local coastal program, specific plan or master plan; 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; 4. That the street system serving the proposed use is adequate to properiy handle all traffic generated by the proposed use. Page 66 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.42.050 through 21.42.130 21.42.050 Application and fees A. Application for a minor conditional use permit or conditional use permit may be made by the owner of the property affected or the authorized agent of the owner. The Aapplication shall-fee; 1, department. Tho application shall stato^ Be made in writing on a form provided by the citv planner planning the application; and shaU State fully the circumstances and conditions relied upon as grounds for Shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner planning dopartmont B. At the time of filing the application, the applicant shall pay a processingthe application fee contained in an amount as specifiedthe most recent fee schedule adopted by the city council resolution.^ 21.42.060 Notices and hearings A. Notice of an application for a minor conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. B. Notice of an application for a conditional use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. A Upon tho filing of an application for a minor conditional uso pormit, tho city planner shall givo writton notice by mail or personal dolivory to tho projoct applicant, tho ownor of the subject real property or the owner's duly authorized agent and to all property owners as shown on the latest equalized assessment roll within throo hundred foet of the subject property at loast fiftoon days prior to a docision on tho application. BT Upon the filing of an application for a conditional uso permit tho planning commission or dty council shall givo public notice, as providod in Section 21.51.060(1) ofthis titie of the intention to consider at a public hearing the granting of a conditional use permit. 21.42.070 Decision-making processauthoritv A. Applications for minor conditional use permits or conditional use permits shall be acted upon in accordance with one of throo docision processes identified below. As roquirod by Chaptor 21.208 of this titio, commercial/visitor serving usos locatod within tho commercial/visitor son/ing overiav zone shall bo docidod by procoss throo. the followinq. Please refer to the use regulation table in each zone to determine whether the conditional use permit is decided bv process one, two or three. 1. Process One—Minor Conditional Use Permit. Page 67 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a^ To dotormino whether the conditional use pormit is decided by procoss one, ploaso refor to the uso regulation table in each zone. fe: Any porson so notified in accordance with Section 21.12.060(A) above may file writton objections or a written request to be heard within ten days after tho mailing or personal delivery ofthe notico. If a writton request to be hoard is filed, the city planner shall schodulo an informal hearing and provide writton notico to tho applicant and tho roquostor at least fivo days prior to tho hearing. The hearing is not a formal public hearing. ea. An application for a minor conditional use permit may be approved, conditionally approved or denied by the city planner based upon his/her review of the facts as set forth in the application and review^ of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this titie. db. The city planner may approve or conditionallv approve the minor conditional use permit if all ofthe findings of fact in Section 21.42.030 ofthis chaptertitle are found to exist. 2. Process Two. a. An application for a conditional use permit subiect to process two mav be approved, conditionallv approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. B-. To determine whether the conditional uso pormit is docidod by procoss two, ploaso refer to tho uso regulation tablo in oach zono. fe^ An application for certain conditional uso permits may bo approved, conditionally approved or doniod by tho planning commission at a public hearing noticed in accordanco with Sootions 21.51.060 through 21.51.062 ofthis titio. Gb. The planning commission shall hear the matter, and may approve or conditionallv approve the conditional use permit if, from the ovidonco presented at tho hearing, all of the findings of fact in Section 21.42.030 of this chaptertitle are found to exist. 3. Process Three. a. An application for a conditional use permit subiect to process three mav be approved, conditionally approved or denied bv the citv council based upon its review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. a. To determine whether the conditional uso permit is docidod by procoss three, please refer to tho use regulation table in oach zono. fe: An application for certain conditional uso permits may bo approved, conditionally approved or denied by the city council at a public hearing noticed in accordance with Sections 21.51.060 through 21.51.062 ofthis titio. Page 68 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Gb. Before the city council decision, the planning commission shall hear and consider the application for athe conditional use permit and shall prepare a recommendation and findings for the city council including all matters set out in Soction 21.12.030 of this chapter..^ The action ofthe planning commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. d^ Whon tho planning commission action is filod with tho city dork, tho dork shall sot tho mattor for public hearing boforo tho city council, to bo noticed and hold in accordance with the provisions of Chaptor 21.51 of this titio. ec. The city council shall hear the matter, and aftor considoring thd findings and recommendations ofthe planning commission, may approve or conditionallv approve the conditional use permit if, from the ovidonco prosontod at the hearing, all of the findings of fact in Section 21.42.030 of this chaptertitle are found to exist. 21.42.080 Announcement of findings and decision and findings of fact A. When a decision on a minor conditional use permit or conditional use permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis titie. A Not moro than twenty days following tho termination of tho procoodings for a minor conditional use permit or a public hearing for a conditional uso permit tho city planner shall announce his/her findings by letter and tho planning commission or city coundl shall announce its findings by formal resolution. The letter or resolution shall recite, among other things: Tho facts and reasons which, in tho opinion ofthe city planner, planning commission or city council, make the granting or donial ofthe minor conditional uso pormit or conditional use permit nocossary to carry out tho provisions and general purpose ofthis titio; or denied; That the minor conditional uso pormit or conditional uso pormit bo granted S: If the letter or resolution orders that tho minor conditional use permit or conditional use permit, bo granted, it shall also rocito such conditions and limitations as tho dty planner, planning commission or dty council may impose. 21.42.090 Mailing of notice of decision Reserved A Not lator than seven days following tho announcomont of a docision ordering that a minor conditional use pormit or conditional uso pormit bo granted or doniod. a copy ofthe lottor or rosolution shall bo mailed to tho applicant at tho addross shown on the application filod with tho planning diroctor. planning commission or dty coundl. 21.42.100 AppealsEffective date and appeals A. In the case ofDecisions ofthe citv planner on minor conditional use permitsr4he action ofthe planning director shall become effective and may be appealed to the planning Page 69 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) commission in accordance with the provisions of Section 21.54.140 ofthis title. The planning commission's action to approve, conditionally approve or dony is final. B. IftDecisions of the ease-efplanning commission on conditional use permits-nthe action ofthe planning commission shall become effective and may be appealed to the city council in accordance with the provisions of Section 21.54.150. The citv council's action to approve, conditionallv approvo or deny is final ofthis title. C. Decisions of the citv council on conditional use permits are final, conclusive and shall be effective upon the date specified in the announcement of decision. 21.42.110 Expiration-peried. extensions and amendmentSr A. Expiration of Permit if Not Exercised. AnyThe expiration period for an approved minor conditional use permit or conditional use permit bocomoo null and void if not oxorcisod within eighteen monthsshall be as specified in Section 21.58.030 of tho date of approvalthis title. B. Extension of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit mav be extended pursuant to Section 21.58.040 ofthis titie. Tho planning director/planning commission/citv council may extend tho time within which the right or privilege granted under a minor conditional use permit or conditional use pormit must bo oxorcisod for one additional yoar upon receipt of a writton roquost from tho applicant prior to the expiration of such minor conditional uso permit or conditional uso pormit. In granting such extension tho planning director/planning commission/city council shall make a written finding that neighborhood conditions have not substantially changed since the granting of such minor conditional use permit or conditional use pormit. C. Expiration of Permit. Such rights and privileges granted under a minor conditional use permit or conditional use permit shall also expire at such time as the city planner/planning commission/city council may designate in the approval of the minor conditional use permit or conditional use permit. D. All existing conditional use permits approved prior to tho effoctivo date of tho amended ordinance codified in this chapter Februarv 21. 2006. which include an expiration date and a requirement to extend the permit, may be hereby approved administratively by the city planner in perpetuity without the requirement to extend the conditional use permit. E. An approved minor conditional use permit or conditional use permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. 21.42.120 Revocation A. The city planner/planning commission/city council shall have continuing jurisdiction over any minor conditional use permit or conditional use permit. B. To consider the revocation of a minor conditional use permit, the city planner shall hold an informaladministrative hearing after giving notice feypursuant to the samo procoduro as for oonsidorationprovisions of a minor conditional uso pormitSections 21.54.060.8 and 21.54.061 of this title. Page 70 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. To consider the revocation of a conditional use permit, the planning commission/city council shall hold a public hearing after giving notice by the same procoduro as for consideration of a conditional uso pormit roquost. pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. D. The city planner/planning commission/city council may revoke and terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm the minor conditional use permit or conditional use permit, modify the conditions or impose new conditions. E. Tho action Revocation actions of the city planner/planning commission isare appealable by tho same procoduro as for tho minor conditional uso pormit or conditional uso eefmitpursuant to Sections 21.54.140 and 21.54.150 ofthis title. F. A minor conditional use permit or conditional use permit may be revoked or conditions modified or added on any one or more of the following grounds: 1. That the minor conditional use permit or conditional use permit was obtained by fraud or misrepresentation; 2. That the use for which such approval is granted is not being exercised; 3. That the minor conditional use permit or conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; 4. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more; 5. That the use is in violation of any statute, ordinance, law or regulation; 6. That the use permitted by the minor conditional use permit or conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. 21.42.130 Am o n d mo ntRese rved Any approved minor conditional use permit or conditional use permit may bo amended by following the same procoduro as for approval of a minor conditional uso pormit or conditional use permit and upon payment of tho application fee contained in tho most recent fee schodulo adopted by the city council. Section 21.42.140.8.95. vi vi. Such facilities shall also require a planned industrial permitminor site development plan pursuant to Chapter 21.34 of this title Page 71 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21 44 PARKING Section 21.44.050 Table B The rows for "Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones" in Table B are amended as follows: Subject Requirement Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until reviewed by the city planner planninq commission and its location approved. Such approval may be conditioned upon the commission's city planner requirinq the plantinq and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones The parking lot shall be no farther than 50 feet when measured from it's closest boundary to the commercial or office/professional establishment to which it is accessory. Parking areas for commercial or office/professional uses in R-3, R-P and R-T zones Such parking lot shall be used solely for the parking of private passenger vehicles. Page 72 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.44.060 Table E The rows for "Recreational vehicles, boats, and trailers" in Table E are amended as follows: Type of Vehicle Where Vehicles Can Be Parked Recreational vehicles, boats, and trailers One-family dwellings on individual lots In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard Subiect to citv planner approval. oQpen parking in the required front yard is permitted if the parking area does not exceed the maximum paved area permitted for passenger vehicles, and the planning diroctor determines, after giving the same notico as providod for administrativo variances in Section 21.51.010 ofthis code, that access to the side or rear yard cannot be provided. In making this determination, the city planner shall give notice pursuant to 21.54.060.B and shall consider: 1. Whether parking in, or access to, the side or rear yard would require structural alteration to the existing residence, or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard; 2. Whether parking in or access to the side or rear yard would require extensive grading; 3. Whether, because of the configuration of the lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational vehicle in the front yard would interfere with visibility to or from any street; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk, or would encroach into the street and utility right-of-way. Any person objecting to a docision made pursuant this subsection may request in writing within ton days ofthe dotormination by the planning directormay file an obiection to the decision or request an administrative hearing with the city planner pursuant to Section 21.54.060.B. The planning director shall apply the criteria of this soction in making his determination. The decision of the citv planner director shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 ofthis title. shall be final unless the director's decision is appealed to the planning commission. Tho effective date of tho planning director's decision and method of appeal ofsuch decision shall be govornod by Soction 21.51.110 of this codo. Note: A corner lot is deemed to have reasonable access to the rear yard. Notwithstanding the above, during the construction of a permanent one- family dwelling on a lot, the owner ofthe lot may live in a recreational vehicle upon said lot during construction of said dwelling for a period not to exceed 6 months. The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). If the provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply. Page 73 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) MENDMENTS TO CHAPTER 21.45 , PLANNED DEVELOPMENTS 21 .45 010 21 .45 020 21 .45 030 21 .45 040 21 .45 050 21 .45 060 21 .45 070 21 .45 080 21 .45 090 21 .45 100 21 .45 110 21 .45 120 21 .45 130 21 .45 140 21 45 150 21 45 160 21 45 170 List of Sections in Chapter 21.45 Intent and purpose Applicability Definitions Permitted zones and uses Application and permit General development standards Development standards for one-family dwellings and twin-homes on small lots Development standards for condominium projects Residential additions and accessory uses Amendments to permits Conversion of existing buildings to planned developments Expiration, extension and revisions Reserved Proposed common ownership land or improvements Maintenance Failure to maintain Model homes Restriction on reapplication for planned development permit Section 21.45.050 21.45.050 Application and permit A. Application and fee. 4^ Tho application for a planned dovolopment pormit shall be mado in writing on the form provided by tho planning department, and shall bo accompanied by the required foo in an amount spedfied by city council resolution. 2r. The application shall includo plans (i.o. sito plan, building elevations, fioor plans, landscape plans, etc.) as required by tho dty's submittal requirements, which demonstrate compliance with all development standards and design requirements contained in this chaptor. 1. An application for a planned development permit mav be made bv the owner of the propertv affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided bv the city planner: b. State fully the circumstances and conditions relied upon as grounds for the application: and c. Be accompanied by adeguate plans, a legal description of the property involved and all other materials as specified by the citv planner. Page 74 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) ad. A planned development permit application for a small-lot subdivision (intended to be developed with one dwelling per lot) may be approved without architecture and plotting; in which case, approval of a major planned development permit amendment will be required at a later date to authorize the proposed structures and their placement. fee. A planned development permit application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the condominium subdivision. 3f. The application for a planned development permit shall state the proposed method of land division (i.e., small lots, or air-space condominiums). 2. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. B. Processing Procedures. 1. Table B, Processing Procedures, identifies required procedures for Minor (four or fewer dwelling units) and Major (five or more dwelling units) Planned Development permits. TABLE B PROCESSING PROCEDURES Topic Minor Planned Development Permit Major Planned Development Permit City planner Planning Commission (PC) Up to 50 DU uecision-iviaKing oouy or OfficialAuthoritv City planner City Council (upon PC rocommondation) than50 BU Map Required Minor Subdivision Map (See Titie 20, Chapter 20.24) Major Subdivision Map (See Titie 20, Chapter 20.12) Required Findings See Section 21.45.050(.C) See Section 21.45.050(.C) Public Notice Req uired Notices and Hearinqs See Titlo 20, Chapter 20.21. Soction 20.21.11521.54. Sections 21.54.060.B and 21.54.061 See Chapter 21.54. SectionSections 21.54.060.mA and 21.54.061 Public Hearing Required No Yes AppealsAnnouncement of Decision and Findinqs of Fact See Chapter 21.54, Section 21.54.440120 See Chapter 21.54, Section 21.54.450120 Effective Date and Appeals See Chapter 21.54. Section 21.54.140 See Chaoter 21.54, Section 21.54.150 Exoiration and Extensions See Chaoter 21.58. Sections 21.58.030 and 21.58.040 See Chaoter 21.58. Sections 21.58.030 and 21.58.040 Amendments See Section 21.45.100 See Section 21.45.100 Page 75 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. Roquirod Findinqs of fact. 1. The planning diroctor, planning commission or citv councilThe decision- making authoritv shall approve or conditionally approve a planned development permit only if the following findings are made: a. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of this code. b. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic. general welfare; layout: c. The project will not adversely affect the public health, safety, or d. The project's design, including architecture, streets, and site i. Contributes to the community's overall aesthetic quality; ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and iii. Achieves continuity among all elements ofthe project D. Modifications to Development Standards. 1. The decision-making body with the authority to approve a planned dovolopmont pormit may approve a modification to the development standards specified in this chapter if all of the following findings are made in writing: a. The proposed planned development designed with the modified developnient standard(s) is consistent with the purpose and intent ofthis chapter; and b. The proposed modification(s) will result in the preservation of natural habitat as required by the Carisbad Habitat Management Plan (HMP); and c. The amount of natural habitat preservation required by the HMP could not be achieved by strict adherence to the development standards of this chapter; and d. The proposed modification(s) will not adversely affect the public health, safety, or general welfare; and e. If the project is located within the coastal zone, the modification is consistent with all Local Coastal Program policies and standards for the protection of coastal resources. Page 76 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Any application for a planned development permit that involves a request for a modification to the development standards of this chapter shall include documentation that clearly demonstrates the modification is necessary to implement the natural habitat preservation requirements of the HMP. 3. The decision-making body with tho authority to approve a planned devolopment permit may modify the plan, or impose such conditions or requirements that are more restrictive than the development standards specified in this chapter, the underiying zone or elsewhere in this code, as deemed necessary to protect the public health, safety and general welfare, or to insure conformity with the general plan and other adopted policies, goals or objectives of the city. Section 21.45.100 21.45.100 Amendments to permits A. An approved planned development permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis titie. except that proiect revisions specified in subsection B of this section shall not reguire an amendment. A Amondmonts to a pormit may bo initiated by tho proporty ownor or an authorized agent, or by motion of the city council. B. Miftef-Amendment exceptions. 1. A project revision mavshall not be considered and approved as a minef regu ired to obtain an amendment enlyto an existing planned development permit if all of the following findings are made: addition of units); The proposed revision does not increase the density (i.e., the b. The proposed revision does not decrease the density by more than ten percent and provided the density is not decreased below the minimum density of the underlying residential land use designation ofthe General Plan; c. The proposed revision does not change the boundary of the subject property; d. The proposed revision does not involve the addition of a new land use not shown on the original permit (e.g.. adding a commercial use to a residential project, replacing single-family units with attached residential units, vice versa for each example, etc); e. The proposed revision does not rearrange the major land uses within the development (e.g., it does not exchange the locations of single-family units with attached units); Page 77 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) t The proposed revision does not create changes of greater than ten percent, provided that compliance will be maintained with the applicable development standards of this code as follows: i. Per individual lot or structure basis: Building floor area, coverage or height (except that height reductions of more than ten percent are permitted); ii. On an aggregate project basis: Parking, open space, recreation or landscaping areas; g. The proposed revision is architecturally compatible with existing structures within the development. Or. Application Procoss. a^^—Tho application for a minor amondmont shall bo mado in writing on the form provided by the planning department and shall bo accompanied by tho required fee. fe^ The application shall include amended exhibits, graphics, statomonts or othor information as may bo roquirod to explain and justify tho roquost; Notice. dt. If tho planning diroctor considors tho amondmont minor in nature tho planning director shall givo writton notico by mail or personal dolivory to all proporty ownors within ono hundred foot ofthe subjoct property, as shown on tho latost equalized assossmont role, at least fifteen days priorto a docision on an application; A-. Effoctivo date of ordor. a: The effoctivo dato of tho planning diroctor's docision and method for appeal ofsuch docision shall bo govorned by Section 21.51.110 ofthis code; Q-. Major Amondmont 4: Any othor revision to a projoct that doos not moot the critoria for a minor amendment as described in subsection "B.l of this soction. shall bo considered a major amendment. 2: An application for a major amondmont of a planned dovolopmont pormit shall be processed, hoard and determined in tho samo manner as an application for a planned development permit. ^. When necessary, tho amondmont shall be accompanied by an amendment to tho corresponding parcel map or tontativo map. Page 78 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.45.120 21.45.120 Expiration, extensions and revisionsReserved. A Tho expiration, oxtonsion or revision of a planned dovolopmont of four or less lots or units shall bo governed by the provision of Soction 20.21.160, 20.21.180 and 20.21.080 of this code. &: The expiration, extension or revision ofa planned development of five or more lots or units shall bo govornod by tho provisions of Soctions 20.12.100, 20.12.110 and 20.12.120 of this code. AMENDMENTS TO CHAPTER 21.46 YARDS List of Sections in Chapter 21.46 21.46.010 Height of buildings on through lots 21.46.020 Allowed protrusions above height limits 21.46.030 Regulations 21.46.040 Modification of side yard requirement on combined lots 21.46.050 When more than one main building exists 21.46.060 Commission mav establish formulaFormula for yard requirements 21.46.070 Modification of required front yards 21.46.080 Property abutting half-streets 21.46.090 Measurement of front yards 21.46.100 Vision clearance, corner and reversed corner lots 21.46.110 Dwellings and apartments above stores 21.46.120 Permitted intrusions into required yards 21.46.130 Walls, fences or hedges 21.46.140 Trees, shrubs and flowers 21.46.150 Multiple or row dwellings fronting upon a side yard 21.46.160 Multiple or row dwellings rearing upon a side yard 21.46.170 One building on a lot or building site 21.46.180 Through lots 21.46.190 Lot area not to be reduced 21.46.200 Greater lot area than prescribed Section 21.45.060 21.46.060 Commission mav establish formula for modifying Formula for vard requirements The planning commissioncity planner may, by resolution, adopt a formula or establish standard practices by which to determine ae-appropriate and practical modification of roquirod Page 79 •PI3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) yards in all residential zones where geometric shape and dimensions and topography are such as to make the literal application of suefe-required yards impractical. Afterthe adoption ofsuch formula or standard practices, they shall be applied as an administrative act. Section 21.45.120 21.46.120 Permitted intrusions into required yards The following intrusions may project into any required yards, but in no case shall such intrusions extend more than two feet into such required yards: . (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; (2) Fireplace structures not wider than eight feet measured in the general direction ofthe wall of which it is a part; (3) Stairways, balconies and fire escapes; (4) Uncovered porches and platforms which do not extend above the floor level of the first floor; provided, that they may extend six feet into the front yard; (5) Planting boxes or masonry planters not exceeding forty-two inches in height (6) Guard railings for safety protection around ramps. (?) Upon approval of a minor variance by tho planning diroctor, tho following intrusions may project to the property lines of side or rear yards immediately adjacent to permanent open space areas: (A) Unonclosod balconies, patios and docks which extend abovo tho existing ground level. In making tho dotormination, tho planning diroctor shall follow tho minor variance procoduros as sot forth in Chaptor 21.50 oxcopt that tho findings stated in Soction 21.50.050(A)(1) and (2) nood not bo mado. The planning director shall flnd that approval ofthe minor variance will not cause any adverse physical or visual impacts on adjacent proportios. Page 80 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.47 NONRESIDENTIAL PLANNED DEVELOPMENTS List of Sections in Chapter 21.47 21.47.010 Intent and purpose 21.47.020 Nonresidential planned development permit 21.47.030 Permitted uses 21.47.040 Application and fee 21.47.050 Transmittal to tho planning commissionNotices and hearings 21.47.060 Planning commission actionDecision-making authority 21.47.070 Citv Council AotionFindings of fact 21.17.071 Public hearings 21.17.072 Required findings 21.47.073 Effective date of order—AppoalAnnouncement of planning commission decision and findinqs of fact 21.47.075 Effective date of ordor—Appeal of planning diroctor decisionand appeals 21.47.080 Development standards 21.47.090 Conversion of existing buildings to nonresidential planned developments 21.47.100 Expiration, oxtonsion. revisionsextensions. and amendments 21.47.110 Approval of proiects of four units or less by planning directorReserved 21.47.120 ReservedCancellation ofa nonresidential planned dovolopment permit 21.47.130 AmendmentsReserved 21.47.140 Final map 21.47.150 Certification of occupancy 21.47.160 Maintenance Section 21.47.020 21.47.020 Nonresidential planned development permit A nonresidential planned development permit is reguired for the development of nonresidential condominiums, condominium conversions or stock cooperatives in any industrial, commercial or office zone, or combination zones subiect to the reguirements thereof except as they mav be modified in accord with this chapter. The city council, planning commission or planning diroctor, as providod in this chaptor, may approve a permit for a nonresidential planned dovolopmont in any industrial, commorcial or office zono, or combination of zonos subjoct to tho roquiromonts thoroof oxcopt as thoy may bo modified in accord with this chaptor. The application for a nonresidential planned dovolopmont shall state whether tho applicant intends to develop the project as a planned unit development, condominium project or stock cooporativo projoct. For purposes ofthis chapter, a planned unit development is defined by Section 11003 ofthe Business and Professions Code ofthe state and a condominium project is defined by Section 1351 of the Civil Codecivil code of the state. Page 81 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.47.020 through 21.47.075 21.47.040 Application and fee Application for a pormit for a planned development shall be made in accordance with tho procedures set forth in this soction: (4)A An application for a_nonresidential planned development permit may be made by the record owner or ownors of the property affected or the authorized agent of the owner-er ownors. The application shall bo filed with; 1 Be made in writing on a form provided bv the city planner; 2. State fullv the circumstances and conditions relied upon forms providod bv him. The as grounds for the application shall state fullv the reasons a nonresidential planned dovolopmont is a proper method; 3. State whether the applicant intends to develop the proporty and shall feeproiect as a planned unit development, condominium proiect or stock cooperative proiect: and 4. Be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property involved and all other materials and informationas specified by the city planner^. (2) At tho timo of filing the application, tho applicant shall pay a processing foo in an amount specified by city council rosolution; (S) 5. The application shall beBe accompanied by a tentative map which shall bo filed with the planning directoror tentative parcel map, as applicable, in accordance with procedures sot forth in ChapterTitie 20T45 of this code. If tho projoct contains four or loss lots or units, tho application shall bo accompanied by a tontativo parcol map which shall bo filod with the city engineer in accordance with procedures sot forth in Chapter 20.21 of this codo;; (4) 6i If the applicant contemplates the construction of a nonresidential planned development in phases, the application shall so state and shall include a proposed phasing schedule; (5) 7. If the applicant proposes to convert existing buildings to a nonresidential planned development, the plans shall reflect the existing buildings and show all proposed changes and additions. B. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. 21.47.050 Notices and hearings A. Notice of an application for a nonresidential planned development permit for less than five (5) units or lots shall be given pursuant to the provisions of Section 21.54.060.B and 21.54.061. Page 82 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. Notice of an application for a nonresidential planned development permit for five (5) or more units or lots shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 21.47.060 Decision-making authoritv A. Applications for nonresidential planned development permits shall be acted upon in accordance with the following: 1. Nonresidential planned development permit for less than five (5) units or lots. a. An application for a nonresidential planned development permit for less than five (5) units or lots mav be approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 ofthis titie. b. The citv planner may approve or conditionallv approve the nonresidential planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are found to exist. lots. Nonresidential planned development permit for five (5) or more units or a. An application for a nonresidential planned development permit for five (5) or more units or lots mav be approved, conditionally approved or denied by the planning commission based upon its review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented atthe public hearing. b. The planning commission shall hear the matter, and mav approve or conditionallv approve the nonresidential planned development permit if all of the findings of fact in Section 21.47.070 of this chapter are found to exist. 21.47.050 Transmittal to tho planning commission The planning director shall transmit the application for a nonresidential planned dovolopmont togothor with his rocommondation thoroon, to tho planning commission for public hearing when all necessary reports and processing have boon completed. An application may bo considered by the planning commission concurrent with their consideration of any rolatod discrotionary permit. 21.47.060 Planning commission action The planning commission shall hold a public hearing on all nonresidential planned development permits. For all nonresidential planned development permits with fifty or fowor units or lots, tho planning commission shall approvo, conditionally approve or disapprove tho pormit. For all nenresidontial planned dovolopmont permits with more than fifty units or lots, the planning commission shall prepare a report and recommendation forthe city council. Tho roport shall include findings and recommendations on the matters set out in this chapter and Page 83 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall bo forwarded to tho city dork who shall sot the matter for public hearing before the city council. 21.47.070 City council action The city council shall hold a public hearing on a nonresidential planned development permit for which the planning commission has filed a roport with the city clerk. At the public hearing, the city council shall roviow tho planning commission's roport, shall considor tho mattor and shall approvo, conditionally approvo or disapprove tho pormit 21.47.071 Public hearings. Whenever a public hearing is roquirod by this chapter, notico of tho hearing shall bo given as provided in Section 21.54.060(1) ofthis codo. Whon tho hearing on nonresidential planned dovolopmont pormit is consolidatod with tho hearing on a tontativo map under the provisions of Section 21.47.050, notice shall satisfy the requirements of both this chapter and Titie 20 of this code. 21.47.072070 Roquirod findingsFindings of fact. (a)A. The planning commission or citv councilThe decision-making authoritv shall approve or conditionally approve a nonresidential planned development permit only if it finds that all of the following facts exist: (1)^ The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies; (2)., The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being ofthe neighborhood and the community; (3)i Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; (4)^ The proposed nonresidential planned development meets all ofthe minimum development standards ofthe underlying zone, except for lot area; (5)., In granting a nonresidential planned development permit, the city council, planning commission or planning directordecision-making authoritv may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. 21.47.073 Effoctivo dato of order—appeal of planning commission decision Announcement of decision and findings of fact A. When a decision on a nonresidential planned development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis titie. Page 84 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) The effective date of the planning commission's decision and method for appeal of such decision shall bo governed by Soction 21.51.150 ofthis codo. 21.47.075 Effective date and appealsof order-Appeal of planning diroctor decision A. Decisions made by the citv planner pursuant to this chapter shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this titie. B. Decisions made bv the planning commission pursuant to this chapter shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 ofthis titie. The effoctivo date of the planning diroctor's decision and method for appeal of such docision shall bo governed by Soction 21.51.110 ofthis codo. Section 21.47.100 through 21.47.130 21.47.100 Expiration, extensions, revisions and amendments A. The expiration period for an approved nonresidential planned development permit shall be as specified in Section 21.58.030 ofthis titie. B. The expiration period for an approved nonresidential planned development permit mav be extended pursuant to the provisions of Section 21.58.040 ofthis titie. C. An approved nonresidential planned development permit may be amended pursuant to the provisions of Section 21.54.125 of this title. Tho expiration, extension or revision of a nonrosidontial planned dovolopmont of fivo or moro lots or units shall bo govornod by tho provisions of Soction 20.12.100, 20.12.110 and 20.12.120 ofthis code regarding the expiration, extension or revision of a tentative map. The expiration, extension or revision of a nonresidential planned developmont of four or loss lots or units shall bo govornod by tho provisions of Soctions 20.21.160, 20.21.180 and 20.21.080 of this codo. 21.47.110 Approval of proiects of four units or less by planning directorReserved (a) All nonresidential planned dovolopmonts with four or loss units shall bo approved in accordance with tho provisions ofthis section. (fe)-—A site plan and elevations for such projects which includo all design criteria and development standards as contained in this chapter shall bo submitted to the planning director who may approvo, conditionally approvo or disapprove tho pormit. Tho planning director shall approvo or conditionally approvo a pormit if ho makos all of tho findings specified in Soction 21.17.072. The planning diroctor's docision may bo appoalod in accordanco with tho procoduros of Section 21.17.075 ofthis chapter. Page 85 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (s) An application for a site plan shall bo accompanied by an application for a minor subdivision which shall be processed in accordanco with tho procedures of Chaptor 20.21 of tho codo. Approval of both sito plan and a minor subdivision is roquirod in order to procood with dovolopmont of a nonrosidontial planned dovolopmont of four or loss units. 21.47.120 ReservedCancellation of a nonrosidontial planned developmont pormit A nonrosidontial planned dovolopmont pormit may bo cancollod at any timo priorto tho commoncomont of construction. Cancollation may bo initiated by tho ownor of tho proporty covored by tho pormit by moans of a writton communication, signod by all interostod parties, directed to tho planning diroctor in the office of the planning department. Said corrospondonco shall also includo a roquost to cancel tho tontativo mop affecting tho proporty. Tho planning diroctor shall inform tho city council of all such communications. Tho pormit shall become void ono hundred twenty days after receipt of tho communication by tho planning dopartmont 21.47.130 AmendmentsReserved (a) Amondmonts to a nenresidontial planned dovolopmont pormit may bo initiated by tho proporty ownor or authorized agont as follows: (4) A request for an amondmont shall be submitted to the planning dopartmont in writton form and shall bo aocompaniod by such additional graphics, statomonts. or othor information as may bo roquirod to support tho proposod amondmont. Whon nocossary the amendment shall bo accompanied by an amondmont to tho corresponding tontativo map or tontativo parcel map; (2) Ifthe planning commission considors the amondmont minor in nature, tho additional graphics, statement or othor information may bo approved by tho planning commission rosolution and made part of tho original city council approval without tho necessity ofa noticed public hearing pursuantto Section 21.51.060; (3) A minor amondmont shall not change tho intensity or tho boundaries of tho subjoct proporty, or involve an addition of a now uso or group of usos not shown on tho original pormit or tho rearrangement of uses within the dovolopmont Ifthe planning commission determines that thb amondmont is not minor or that a hearing is othorwiso nocossary, it shall sot the matter for public hearing; -(4) If a public hearing is roquirod, tho applicant shall submit a complotod application with graphics, statements, or other information as may bo required to support tho proposed modification; (§) A foo as specified by city coundl rosolution is required for all proporty within tho portion ofthe nonrosidontial planned dovolopmont to bo amended; (^) An application for an amendment of a nonrosidontial planned development permit for which a hearing is required shall bo processed, hoard and dotorminod in accordanco with tho provisions ofthis chaptor applicablo to the adoption ofa nonrosidontial planned dovolopmont pormit; Page 86 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (fe) The city coundl may by motion initiate an amendment to a nonrosidontial planned dovolopment permit. Such amendment shall be processed, heard and determined in accordanco with the terms ofthis chapter applicable to tho adoption of a nonrosidontial planned development pormit. AMENDMENTS TO CHAPTER 21.48 NONCONFORMING LOTS, STRUCTURES AND USES Section 21.48.050.C.1 C. Expansion. 1. A nonconforming residential structure and/or a nonconforming residential use may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(8)^. Section 21.48.050.D.l and E.1 D. Replacement in the Event of a Disaster. 1. A nonconforming residential structure and/or nonconforming residential use that is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years ofthe date of the disaster and the city planner approves the findings of fact pursuant to Section 21.48.080(8).^. The city planner may grant an extension to the above two-year application submittal limit upon demonstration of good cause by the applicant. E. Voluntary Demolition and Subsequent Replacement. 1. A nonconforming residential structure and/or nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(8).^ prior to the date of the demolition. Section 21.48.060.0.1 C. Expansion. 1. A nonconforming non-residential structure may be expanded, so as to occupy a greater area of land or more fioor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(8)^. Page 87 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.48.060.D.1 and E.1 D. Replacement in the Event of a Disaster. 1. A nonconforming non-residential structure that is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years ofthe date ofthe disaster and the city planner approves the findings of fact pursuant to Section 21.48.080(8)^. E. Voluntary Demolition and Subsequent Replacement 1. A nonconforming non-residential structure that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the city planner approves the findings of fact pursuant to Section 21.48.080(8).^ prior to the date of the demolition. Section 21.48.080 21.48.080 Nonconforming construction permit A Authority. 4^ Tho planning diroctor or his dosignoo may approve, conditionally approvo or dony a nonconforming construction pormit as proscribed in this chaptor, upon making tho findings of fact listed in Soction 21.18.080(B) ofthis chaptor. A Application and fees. 1. An application for a nonconforming construction permit mav be made bv the owner ofthe propertv affected or the authorized agent ofthe owner. The application shall: a. Be made in writing on a form provided bv the citv planner: . b. State fullv the circumstances and conditions relied upon as grounds forthe application: and c. Be accompanied bv adeguate plans, a legal description of the propertv involved and all other materials as specified bv the citv planner. 2. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. B. Notices and hearings. Page 88 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Notice of an application for a nonconforming construction permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis titie. C. Decision-Making Authoritv. 1. An application for a nonconforming construction permit mav be approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2ofthis title. 2. The city planner may approve or conditionallv approve the nonconforming construction permit if all of the findings of fact in Section 21.48.080.D of this title are found to exist. 8D. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts are found to exist in regard thereto: a. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property. b. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter. c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Tities 17 and 18. d. The expansion/replacement would result in a structure that would be considered an improvement to. or complementary to and/or consistent with the character of the neighborhood in which it is located. E. Announcement of decision and findinqs of fact. 1. When a decision on a nonconforming construction permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. F. Effective date and appeals. 1. The citv planner's decision on nonconforming construction permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 of this title. G: Application and Foos. Page 89 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4^ Application for a nonconforming construction pormit may bo mado by tho owner ofthe proporty affoctod orthe authorized agont ofthe owner. Application shall bo mado in writing on a form providod by tho planning dopartmont. Tho application shall stato fully tho circumstances and conditions roliod upon as grounds for tho application and shall bo accompanied by adoquato plans, a legal description of the property involved and all othor materials as specified by tho planning department. Sr. At tho time of filing tho application, tho applicant shall pay a procot fee in an amount as spocifiod by city coundl resolution. Or Notices. 4: Upon tho filing of an application for a nonconforming construction pormit, the planning diroctor shall givo writton notico by mail or personal dolivory to tho projoct applicant, tho ownor of tho subjoct real proporty or tho owner's duly authorized agent and to all property owners as shown on the latest equalized assossment roll within throe hundred feet of the subject proporty at loast fifteen days prior to a decision on tho application. Er. Docision Making Procoss. 4: Applications for nonconforming construction permits shall bo acted upon in accordanco with tho docision procoss identified bolow: a: Any porson so notified in accordanco with Soction 21.18.080(D) above may filo written objections or a writton roquost to bo hoard within ton days after tho mailing or personal delivery of the notice. If a writton request to bo hoard is filod, the planning director shall schodulo an informal hearing and provide writton notico to tho applicant and tho requestor at least fivo days prior to tho hearing. Tho hearing is not a formal public hearing. fe: An application for a nonconforming construction pormit may bo approved, conditionally approved or denied by the planning diroctor based upon his/her roviow of tho facts as sot forth in tho application and roviow of tho circumstances of tho particular oaso, and tho planning diroctor may only approvo, or conditionally approvo, tho nonconforming construction pormit if all of tho findings of fact in Soction 21.18.080(B) of this chapter aro found to exist. F^ Announcomont of Findings and Docision. Not more than twenty days following the termination of tho procoodings for a nonconforming construction pormit, the planning diroctor shall announce his/hor findings by lottor. The letter shall rocito, among other things: a-. The facts and reasons which, in tho opinion of tho planning diroctor. mako tho granting or donial of tho nonconforming construction pormit nocossary to carry out the provisions and general purpose of this titlo; fe^ That tho nonconforming construction pormit bo granted or doniod; afjdr G^ If the letter orders that tho nonconforming construction pormit bo Page 90 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) granted, it shall also recite such conditions and limitations as tho planning director may impose. G: Mailing of Notico of Docision. 4T Not lator than seven days following the announcement of a decision ordering that a nonconforming construction permit be granted or denied, a oopy of tho lottor shall be mailed to the applicant at the address shown on tho application filed with the planning director. H-. Appeals. In tho case of nonconforming construotion permits, tho action of tho planning diroctor may bo appoalod to tho planning commission in accordanco with Soction 21.51.110 ofthis titio. Tho planning commission's action to approvo, conditionally approvo or dony is final. \G. Expiration-Peried. extensions and amendments. 1. Expiration of Permit if Not Exercised. a. AnyThe expiration period for an approved nonconforming construction permit becomes null and void if not oxorcisod within twenty four monthsshall be as specified in Section 21.58.030 of tho dato of approvalthis titie. 2. Extension of Permit if Not Exercised. a: Not more than ninety days or less than forty-fivo days prior to tho expiration of a nonconforming construction pormit tho permittee may apply to the planning diroctor for an oxtonsion of tho pormit.—Tho planning diroctor may extend tho timo. without public notice, within which the right or privilogo granted undor a nonconforming construction pormit must bo exorcised for one additional year upon receipt of a written request from tho applicant prior to tho expiration of such nonconforming construction permit. In granting such oxtonsion tho planning diroctor shall make a writton finding that neighborhood conditions havo not substantially changed since the granting of such nonconforming construction permit. a. The expiration period for an approved nonconforming construction permit mav be extended pursuant to Section 21.58.040 ofthis titie. 43. Amendment. 4aT AnyAn approved nonconforming construction pennit may be amended by following tho samo procoduro as for approval of a nonconforming construction pormit and upon payment ofthe application foo contained in tho most recent foo schodulo adopted bv the citv council.pursuant to the provisions of Section 21.54.125 ofthis title. Page 91 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSEDTEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.48.090 21.48.090 Abatement of nonconforming structures and uses. A. If a nonconforming use and/or structure is determined by the city planner to be adverse to the orderly development of the city and/or to the public health, safety, or welfare of persons or property, the city planner shall schedule a public hearing before the planning commission to establish the conditions of abatement and the abatement period. The abatement period shall start from the date ofthe applicable resolution and shall be: 1. For all Residential Uses. a. Not less than one or more than five years. 2. For all Non-Residential Uses. a. Not less than one or more than ten years. 3. For all Nonconforming Structures. a. Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to Section 6.16.150 ofthe Carisbad Municipal Code. B. Public Hearing NoticeNotices and hearings. 1. Notice of said public hearing shall be given as required by Section 21.54.060.A and 21.54.061 of this titie. C. Public Hearing Evidence. 1. The planning commission shall consider at the public hearing, all pertinent data to enable it to arrive at an equitable abatement period which will protect the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, sufficient time to amortize their investment. O 2. The owner or lessee shall be allowed to present any evidence related to the case. E 3. When setting the abatement period, the planning commission shall take into consideration the type of construction, age. condition, and extent of nonconformity of the structure or use in question; any structural alterations or expansions; and/or the installation of major equipment designed into the structure prior to the date of nonconformity. FD. Hearing Decision. Page 92 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. After the close of the public hearing, the planning commission shall determine and establish by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement period is based. GE. Notice of Decision to Owner. 1. The secretary of the planning commission shall formally notify the owner ofthe property ofthe action ofthe planning commission by mailing a copy ofthe resolution, via certified return receipt mail, within ten days following the date of its adoption by the planning commission. HF. Appeal Effective date and appeals. 1. The above action of the planning commission shall bo final unless an appeal to tho city council is filodbecome effective and may be appealed in accordance with the procedure provided inprovisions of Section 21.54.150 ofthis titie. IG. Recordation. 1. The secretary of the planning commission shall transmit a final signed copy ofthe resolution ofthe planning commission or city council, whichever is final, to the County Recorder of San Diego for recordation. AMENDMENTS TO CHAPTER 21.50 VARIANCES CHAPTER 21.50 Sections: 21.50.010 CHAPTER 21.50 VARIANCES Variance Granting authority.- 21.50.020 Purposo of variance. 21.50.030 Reguired findings for variances. 21.50.010 Variance notice and hearing. 21.50.050 Announcomont of findings and docision bv resolution. 21.50.060 Resolutions announcing findings and ordor to bo numborod and kept-a^ permanent record. 21.50.070 Mailing of notice of decision of planning commission. 21.50.080 Effective date of ordor Appeal of planning commission decision.- 21.50.010 Intent and purpose 21.50.020 Application and fee 21.50.030 Notices and hearings 21.50.040 Decision-making authority 21.50.050 Findings of fact 21.50.060 Announcement of decision and findings of fact 21.50.070 Effective date and appeals 21.50.080 Expiration, extensions and amendments Page 93 PSD LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.50.010 Variance-Granting authorityintent and purpose A. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this titie result through the strict and literal interpretation and enforcement of the provisions hereof, the planning commission shall have authority, subjoct to tho provisions of this titie, to grant upon such conditions as it mav determino. sucha minor variance or variance from the provisions of this title as-may be in harmony with its gonoral purposo and intentapproved or conditionallv approved, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done. In tho coastal zono, a variance shall not bo allowed to diminish or othenA/ise adversely affect tho substantive roquiromonts for protection of coastal rosourcos. 21.50.020 Purposo of variance. AB. The solo purpose of any minor variance or variance shall be to prevent discrimination, and no variance shall be graritedapproved or conditionally approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. 21.50.020 Application and fee A. An application for a minor variance or variance mav be made bv the record owner or owners of the propertv affected or the authorized agent of the owner or owners. The application shall: 1. Be made in writing on a form provided by the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans, which allow for detailed review pursuant to this chapter and demonstrate compliance with the reguirements of this chapter, a legal description ofthe propertv involved and all other materials as specified bv the citv planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the citv council. 21.50.030 Notices and hearings A. Notice of an application for a minor variance shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis titie. B. Notice of an application for a variance shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. 21.50.040 Decision-making authoritv A. Minor variances. Page 94 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. The citv planner mav approve, conditionallv approve or denv a minor variance for the following: a. Modifications of distance or area regulations, provided such modification does not exceed seventy-five percent of reguired front, side or rear yards nor exceed ten percent of maximum lot coverage regulations: L Unenclosed balconies, patios and decks which extend above the existing ground level mav be allowed to proiect to the propertv lines of side or rear yards immediatelv adiacent to permanent open space areas. b. Modifications of the minimum lot width regulations, provided such modification does not result in a lot width less than fifty feet: c. Walls or fences to exceed heights permitted bv the zoning regulations: d. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area: e. Modifications to the sign height regulations, provided such modification does not exceed ten percent ofthe maximum allowed sign height. 2. The citv planner's decision shall be based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 ofthis titie. 3. The citv planner mav approve or conditionallv approve a minor variance if all the findings of fact in Section 21.50.050 ofthis titie are found to exist. B. Variances. 1. The planning commission mav approve, conditionally approve or denv a variance that is not subiect to subsection A of this section. 2. The planning commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 3. The planning commission shall hear the matter and mav approve or conditionallv approve the variance if all the findings of fact in Section 21.50.050 of this title are found to exist. 21.50.03050 Reguired findings for variances. Findings of fact A Before any variance may be granted, it shall be shown: Page 95 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) A. No minor variance or variance shall be approved or conditionallv approved unless the decision-making authoritv finds: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. That the minor variance or 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. That the minor variance or variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; 4. That the minor variance or variance is consistent with the general purpose and intent ofthe general plan, this titie and any applicable specific or master plans; 5. In addition, in the coastal zone, that the minor variance or variance is consistent with and implements the roguiromonts general purpose and intent of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the reguirements for protection of coastal resources as specified in tho zonos included in this titie, and that tho variance implements the purposes of zonos adopted to implement the local coastal program land uso plan. 21.50.040 Variance notice and hearing. A Upon tho filing of an application for a variance by a property owner of record, or by a lessee with tho consent of the owners which application sots forth fully the grounds for, and tho facts doomed to justify tho granting of tho variance, tho planning commission shall givo public notice, as provided in Soction 21.54.060(1) of this titio of tho intention to considor at-a public hearing the granting of a variance. 21.50.05060 Announcement of decision and findings and decision bv resolutionof fact. A. When a decision on a minor variance or variance is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis titie. A Not moro than twenty days following tho termination of tho procoodings of tho public hearing on a variance, tho planning commission shall announce its findings by formal rosolution, and tho resolution shall rocito, among other things, tho facts and reasons which, in tho opinion ofthe planning commission, mako tho granting or donial ofthe variance, nocossary to carry out the provisions and general purpose of this titio, and shall order that tho variance, bo granted or denied, and if such resolution orders thatthe variance be granted, it shall also recite such conditions and limitations as the commission may impose. Page 96 P30 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.50.060 Resolutions announcing findings and ordor to bo numbered and kept as permanent record. A Tho formal resolution ofthe planning commission announcing its findings and ordor aftor hearing on an application for a varianco, shall bo numborod consocutivoly in tho order of their filing and shall becomo a permanent record in tho files of the planning commission. 21.50.070 Mailing of notico of decision of planning commission. A Not lator than sovon days following tho announcomont of a docision ordering that a variance bo granted or doniod, a copy of tho rosolution shall be mailed to tho applicant at tho address shown on the application filod with tho planning commission 21.50.0S070 Effective date and appealsof ordor—Appeal of planning commission docision A The effective date ofthe planning commission's docision and method for appeal of such decision shall be govornod by Section 21.51.150 ofthis code. A. Decisions on minor variances shall become effective and may be appealed in accordance with the provisions of Section 21.54.140 of this titie. B. Decisions on variances shall become effective and may be appealed in accordance with the provisions of Section 21.54.150 ofthis titie. 21.50.080 Expiration, extensions and amendments The expiration period for minor variances and variances shall be as specified in Section 21.58.030 ofthis title. B. The expiration period for an approved minor variance or variance mav be extended pursuant to Section 21.58.040 of this title. C. An approved minor variance or variance mav be amended pursuant to the provisions of Section 21.54.125 of this titie. EJNDMENTS TO CHAPTER 21.51 MINISTRATIVE VARIANCES CHAPTER 21.51 CHAPTER 21.51 ADMINISTRATIVE VARIANCES Sections: 21.51.010 Authority of planning director to grant certain variances. 21.51.020 Extent of variance. Page 97 dP3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.51.030 Application and feos. 21.51.040 Notice and procedure. 21.51.050 Docision of tho planning diroctor. 21.5.060 Effective date of ordor—Appeal of planning director decision. 21.51.010 Authority of planning director to grant certain variances. Tho planning diroctor shall have tho following powers and duties: (4) To grant such variances from the zoning provisions of this code as will not bo contrary to its intent or to tho public hoalth, safety and general welfare when, duo to special circumstances of tho proporty or of its location or surroundings as spocifiod in subsection (2) of this soction, strict and literal intorprotation and onforcomont ofthe provisions ofthis codo would result in unusual difficultios or unnecessary hardship or be inconsistent with tho general purposo of this codo. (2) The planning director may grant a variance from the zoning provisions of this codo whon it appoars from tho facts containod in tho application and from information obtained by tho planning diroctor that tho following findings can bo mado: (a) That because of special circumstances applicable to the subject proporty, including size, shape, topography, location or surroundings, the strict application ofthe zoning ordinance doprivos such property of privileges onjoyod by othor proporty in tho vicinity and undor identical zoning classification; (fe) That the variance shall not constitute a grant of special privileges inconsistent with tho limitations upon other proportios in tho vicinity and zono in which the subjoct proporty is locatod and is subjoct to any conditions nocossary to assure complianco with this finding; (G) That the variance does not authorize a use or activity which is not othorwiso expressly authorized by tho zono regulation governing tho subjoct proporty; (d) That the variance is consistont with tho gonoral purpose and intent of tho general plan and any applicable specific or master plans; (e) In addition, in tho coastal zono, that the variance is consistent with and implements tho roquiromonts ofthe certified local coastal program and that tho variance does not reduce or in any manner adversely affect tho protection of coastal resources as specified in tho zonos includod in this titio. and that the variance implements the purposes of zones adopted to implement tho local coastal program land uso plan. 21.51.020 Extent of variance. Variances granted by tho planning diroctor shall bo limited to: (4) Modification of distance or area regulations, providod such modification does not oxcood seventy fivo porcont of required front, sido or roar yards nor oxcood ton porcont of maximum lot coverage regulations; Page 98 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) Modification of the minimum lot width regulations, providod such modification does not result in a lot width less than fifty foot; (3) Walls or fences to oxcood heights permitted by the zoning regulations; (4) Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowod sign aroa; (&) Modifications to tho sign height regulations, providod such modification doos not exceed ten percent of tho maximum allowed sign height. All othor varianoo applications not listed in this soction shall bo processed pursuant to Chapter 21.50 ofthis code. 21.51.030 Application and foos. (a) Application for a zone varianco may bo made by the ownor of the property affoctod or tho authorized agent of tho ownor. Application shall bo filod with tho planning diroctor upon forms providod by him. Tho application shall state fully tho oircumstances and conditions relied upon as grounds for the application and shall be accompanied by adoquato plans, a legal description of the property involved and all other materials as spocifiod by tho planning diroctor. (fe) At tho time of filing the application the applicant shall pay a processing foo in an amount as specified by council resolution. 21.51.040 Notico and proceduro. (a) Upon the acceptance of a comploto application and payment of the roquirod foos for a varianco, tho planning director shall give written notice by mail or personal delivery to all proporty ownors as shown on the last equalized assossmont roll within throo hundred feet of tho subjoct property at loast fiftoon days prior to a docision on tho application. (fe) Any person so notified may file written objections or a written request to be heard within ten days after tho mailing or personal delivery of tho notico. If a written request to be heard is filed, the planning diroctor shall schedule a hearing and provide written notice to tho applicant and the roquost or at loast fivo days prior to the hearing. The hearing is not a public hearing and may bo informal. (G) Tho planning diroctor shall havo tho discretion to set any variance under this chaptor for a public hearing boforo tho planning commission. In such case tho variance shall bo processed according to tho provisions of Chaptor 21.50 ofthis codo. 21.51.050 Decision of the planning director. (a) Tho planning director shall render his docision upon the completion of his investigation of tho facts as set forth in the application and his review of tho circumstances of tho particular case. If a hearing is hold, ho shall rondor his docision within ton days ofthe conclusion ofthe hearing. Page 99 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (fe) The planning diroctor shall announce his docision and findings by lottor to tho applicant and the letter shall recite, among other things, tho facts and reasons which in tho opinion of tho planning diroctor make the granting or donial of tho varianco nocossary to carry out tho provisions and gonoral purposo ofthis titio and shall order that tho variance be granted or denied, and if such lottor orders that the varianco bo granted, it shall also notico such conditions and limitations as the planning diroctor may impose. Tho letter shall be sent to any person who requested or appeared at tho hearing and to tho planning commission and city coundl. (G) Ifthe planning diroctor, after considering the facts presented in tho case, is unable to make tho findings sot forth in Soction 21.51.010 (2), he shall dony tho variance. 21.51.060 Effoctivo dato of ordor Appeal of planning diroctor docision. Tho offoctivo date of tho planning diroctor's docision and method for appeal of such decision shall be governed by Soction 21.51.110 ofthis codo. AMENDMENTS TO CHAPTER 21.52 AMENDMENTS List of Sections in Chapter 21.52 CHAPTER 21.52 AMENDMENTS Sections: 21.52.010 21.52.020 21.52.030 21.52.040 21.52.050 21.52.060 Purpose Amendment initiation Application and fees AuthorityNotices and hearings Decision-making processauthoritv Announcement of decision and findings of fact 21.52.070 Effective date Section 21.52.030 through 21.52.070 21.52.030 Application and fees A An application to amend this title, the general plan, or local coastal program shall bo mado in writing on a form providod by tho planning dopartmont. Tho application shall bo accompanied by all materials and information roquirod by tho planning department.; 1. Be made in writinq on a form provided by the city planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and Page 100 U\ND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 3. Be accompanied bv all other materiais as specified by the citv planner. B. At the time of filing the application, the applicant shall pay a-pr-eG&ssmgthe application fee in an amount as specified bv contained in the most recent fee schedule adopted bv the citv council resolution. C. If the application requests to amend the land use or zone boundariesr designation or classification, or provisionsis applicable to a specific parcel(s) of land, the application shall be made by the owner of the propertv affected or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the citv. In addition to the provisions of subsection A of this Section, such applications shall also include: 1 • Adequate plans and a legal description of the propertv involved. 21.52.040 Notices and hearings A. Notice of an application to amend this title, the general plan, or the local coastal program shall be given pursuant to the provisions of Sections 21 •54.060.A and 21.54.061 of this title. 21.62.04050 Decision-makinq Aauthority A. The City Council mayr-upoR-the recommendation of the plannmg- commission, approve or deny amendments to this title, the general plan, or local coastal program. 1. Before the citv council decision, the planning commission shall hear and consider the application and shall prepare a recommendation for the citv council that inciudes the reasons for the recommendation and the relationship of the proposed amendment to applicable provisions of this title, the general plan and local coastal program, and anv applicable master or specific plan. 2. The citv council shall hear the matter, and after considering the findings and recommendations ofthe planning commission, mav approve conditionally approve or denv amendments to this title, the general plan or local coastal program. 3. The citv council mav make substantial modifications to the planning commission's recommendation on a proposed amendment to this title, the general plan, or local coastal program, including modifications not previouslv considered bv the planning commission. The citv councii. in its discretion, mav refer said modifications back to the Planning Commission for recommendation. B. Amendments to the local coastal program are also subject to approval by the California Coastal Commission. 21.52.060 Announcement of decision and findings of fact A. When a decision is made pursuant to this chapter, the decision-making authoritv shail announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title. Page 101 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.52.070 Effective date A. The decision of the citv council made pursuant to this chapter is final, conclusive and shall be effective upon the date specified in the announcement of decision. B, Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved bv the California Coastal Commission, pursuant to Section 30514 ofthe Public Resources Code. 21.52.050 Decision-making process. A The planning commission shall consider tho application at a public hearing noticed in accordanco with chaptor 21.51 of this titio. Tho planning commission shall rondor its docision in the form of a rosolution that includes findings and a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommondation, the relationship of tho proposod ordinance or amondmont to applicablo gonoral and specific plans, and shall bo transmitted to tho logislativo body in such form and manner as may bo spocifiod by tho legislative body. 2r. The adopted planning commission rosolution shall bo filod with tho city clerk, and a copy shall bo mailed to the applicant 8: Following the planning commission's action to recommend approval or denial of the application, the city council shall consider the application at a public hearing noticed in accordanco with chaptor 21.54 ofthis titio. 4^ Aftor considoring tho recommendation of tho planning commission, tho city council may approve or deny the application to amend Titie 21, the general plan, or local coastal program. 2r. Tfee—city council—may approvo,—modify or disapprove tho recommendation of the planning commission; provided that any substantial modification of tho proposed ordinance or amendment by the city council not proviously considorod by tho planning commission during its hearing on the matter shall first be referred to the planning commission for roport and rocommondation. Tho planning commission shall not bo roquirod to hold a public hearing thereon unless otherwise required by tho dty council.—Failure of the planning commission to report within forty'five (15) calendar days after the referral, or within the timo sot by the city council, shall bo doomed to bo approval ofthe proposod modification. 3: The city council application by adoption of: ihall announce its docision to approve or dony tho An ordinance for amendments to: This titio. The local coastal program implementation plan. Page 102 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) fe: A resolution for amendments to: h Tho gonoral plan. \h The local coastal program land uso plan. A~. Following tho city council docision, tho dty clork shall sond writton notice of tho docisionio tho applicant and anyono who spocifically roquosts to bo notified of tho docision. Q-. Within tho coastal zone, the city council's approval of an amondmont to the local coastal program shall not bocomo offoctivo until tho amondmont is approved by tho California Coastal Commission, pursuantto Soction 30514 of tho Public Rosourcos Codo. AMENDMENTS TO CHAPTER 21.53 USES GENERALLY Section 21.53.040 21.53.040 Clarification of ambiguity If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent ofthis titie, or if ambiguity exists with respect to matters of height, yard requirements, area requirements or zone boundaries, as set forth in this titie and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the city planner planninq commission to ascertain all pertinent facts and by resolution of record sot forth its findings and its intorprotations, and such resolution shall be forwarded to tho city council and, if approved by rosolution of the city council, to make an interpretation and thereafter such interpretation shall govern. Section 21.53.085 21.53.085 Wild animals AIn zones where the keeping of wild animals is permitted, a wild animal may be kept-ift any zone, provided a wild animal permit has been issued for it by the state and provided the keeping of such wild animal does not constitute the establishment or maintenance of a private zoor. as defined in Section 21.04.400 ofthis title. Private zoos may be established or maintained only as provided in Section 21.12.010(K).permitted bv the underlying zone. Section 21.53.085 21.53.090 Temporary real estate office In any newly created subdivision, the subdivider or his assignee may operate a temporary real estate office forthe purpose of selling lots in the subdivision only. Such use shall cease no later than the date ofthe close of escrow ofthe final home in the subdivision.one vear Page 103 sen LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) from the date of tho recording of the final subdivision map of said subdivision, unless tho planning commission, for good cause shown, shall allow a longer period of time, up to one yoar per application therefor, for suoh uso. The procedure for applying for such a longer poriod of timo for such uso and for appealing from a docision ofthe planning commission on such an application shall bo the same as that for a varianco under Chapters 21.50 and 21.53. Section 21.53.120 21.53.120 Affordable housing multi-family residential projects—Site development plan required. (a)A Site Development Plan Requirement. 1, Notwithstanding anything to the contrary in this code, no building permit or other entitiement shall be issued for any multi-family residential development having more than four dwelling units or an affordable housing project of any size unless a site development plan has been approved for the project. The site development plan shall be processed pursuant to the provisions of Chapter 21.06 (Q Qualified Devolopment Overiay Zone) of oLthis Gedetitle. 2. ^A site development plan for a multi-family residential project (not affordable) shall not be required for any project processed pursuant to the provisions of Chapter 21.45 of this Gedetitle. (fe)-—Multi family Rosidontial and Affordable Housing Determination. The planning commission shall have tho authority to approve, conditionally approvo or deny sito dovolopmont plans for a multi-family rosidontial project or affordable housing projects with fifty dwelling units or loss. Tho planning commission's docision may bo appealed to tho city council as providod in Chapter 21.06. For projects with more than fifty units, tho planning commission shall hold a public hearing and make a report and recommendation to the city council. Tho city council, aftor public hearing noticed as provided in Soction 21.51.060(1), shall approve, conditionally approvo or dony the site dovolopmont plan. (G)Bi Development Standards. 1^ ^The development (both for multi-family residential and affordable housing) shall be subject to the development standards ofthe zone in which the development is located and/or any applicable specific or master plan except for affordable housing projects as expressly modified by the site development plan. The site development plan for affordable housing projects may allow less restrictive development standards than specified in the underiying zone or elsewhere provided that the project is in conformity with the general plan and adopted policies and goals of the city, it would have no detrimental effect on public health, safety and welfare, and, in the coastal zone, any project processed pursuant to this chapter shall be consistent with all certified local coastal program provisions, with the exception of density. In addition, the planning commission or tho citv oouncildecision-makinq authoritv in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underiying zone or elsewhere that include provisions for, but are not limited to the following: (4^a Density of use; Page 104 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) b. Compatibility with surrounding properties and land uses; (3) c. Parking standards; (4) d. Setbacks, yards, active and passive open space required as part of the entitiement process, and on-site recreational facilities; (§)e. Height and bulk of buildings; (§)f. Fences and walls; (7)a, Signs; (&)h. Additional landscaping; (9)ii Grading, slopes and drainage; (40)ii Time period within which the project or any phases of the project shall be completed; (4-4)k. Points of ingress and egress; (42)L Such other conditions as deemed necessary to ensure conformity with the general plan and other adopted policies, goals or objectives of the city. (d)0 In addition the planning commission or citv councildecision-making authoritv may require that the developer provide public improvements either on or off the subject site as are needed to serve the proposed development or to mitigate public facilities needs or impacts created by the project. Section 21.53.230(b) (b) The following lands are considered to be undevelopable and shall be excluded from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways: (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.4^140.(B) of this code; (5) Significant wetiands; (6) Significant riparian or woodland habitats; Page 105 ^3^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as determined by the environmental review process for a project are located; (9) Railroad track beds. 21 .54 063 21 .54 064 21 .54 070 21 .54 080 21 .54 090 21 .54 100 21 .54 110 21 .54 120 21 .54 125 AMENDMENTS TO CHAPTER 21.54 IRES, HEARINGS, NOTICES AND FEES List of Sections in Chapter 21.54 21.54.010 Review and approval/denial of Applicationsapplications 21.54.020 Accoptability of signatures on applicationsReserved 21.54.030 Applications a part of pormanont record Reserved 21.54.040 Filing feesDecision-making authority for multiple development permits 21.54.050 Setting of hearing 21.54.060 Notices of applications and hearings 21.54.061 Content of notice 21.51.062 Additional notico to persons requesting it Failure to receive notice Applicant's responsibilities ReservedReguired wording of notices Investigations Rule establishment for conduct of hearings Hearing continuance without public notice Permanent files shall include summary of testimony Gonoral plan amondmonts (oxcopt for tho coastal zono).Announcement of decision and findings of fact Amendments to development permits 21.54.130 Restriction on reapplication after denial 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood services director decisions 21.54.150 Effective date of order—Appeal of planning commission decisions 21.54.010 A. Section 21.54.010 through 21.54.062 Review and approval/denial of Applicationsapplications Permit Streamlining Act compliance. 1. The citv shall comply with the reguirements of the California Permit Streamlining Act (Titie 7. Division 1, Chapter 4.5 ofthe California Government Code). B. Application form. Page 106 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (a)li The citv managorcitv planner shall prescribe the form of applications for the development permits or approvals and applications for changes in zone or general plan boundaries or classifications. 2, The city manager or his designeecity planner may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant. 3, No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with tho development procossing coordinator who shall forthwith deliver the application to the planning director. C. Signatures on applications. 1. All applications shall include the signatures of the owner(s) of the propertv affected or the authorized agent of the owner. 2. If signatures of persons other than the owners of propertv making the application are reguired or offered in support ot or in opposition to. an application, thev mav be received as evidence of notice having been served upon them ofthe pending application, or as evidence of their opinion on the pending issue, but thev shall in no case infringe upon the free exercise of the powers vested in the citv as represented bv the planning commission and the citv council. D. Applications as part of permanent record. 1. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part ofthe citv's permanent official records, and there shall be attached thereto and permanently filed there with copies of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. E. Filing fees. 1. A fee in an amount established bv citv council resolution shall be paid at the time of filing an application for a development permit for approval, or application for a change in zone or general plan boundaries or classifications. No application shall be accepted or deemed accepted until the appropriate fee or fees have been paid. F. Application completeness. 1. In accordance with Title 7. Division 1. Chapter 4.5. Article 3 of the California Government Code, applications shall be reviewed for completeness as follows: (fe)2. The city planner shall consult with appropriate departments concerning the application and shall^ within thirty days after the application has been filed with the citydevelopment processing coordinator, determine in writing whether the application is complete and shall transmit the determination to the applicant. 3. If the application is determined to be incomplete: Page 107 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a, ^Tthe written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete.. The writton dotormination shall includinge a list and description of the specific information needed to complete the application. b. The applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn a new application must be submitted. 4, Within thirty days of any resubmittal of tfeean application or submittal of materials in response to tfeea written determination of incompleteness, the city planner shall determine in writing whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. When a dotormination that an initial application is incomplete has been transmitted to the applicant, tho applicant shall havo six months from the date tho application was initially filod to oithor resubmit tho application or submit tho information spocifiod in tho determination. Failure ofthe applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be doomed to constitute withdrawal of tho application. If an application is withdrawn or doomed withdrawn a now application must bo submitted. (e)5; If ti=te-an application, together with the submitted materials, submitted in response to a determination of completeness are determined by the city planner to net-be incomplete pursuant to this section^, the applicant may appeal the decision in writing to the planning commission pursuantto Section 21.54.140. The applicant may also appeal the decision ofthe planning commission to the city council pursuant to Section 21.54.150. a. ^The city council shall make a final written determination on the appeal of tho completeness of tho application not later than sixty calendar days after the receipt of the applicant's written appeal of the citv planner's decision. (d)6i Failure by the city to meet the doadlinos time limits specified in this section shall cause the application to be deemed complete. Tho failure of the applicant to moot any of tho timo limits spocifiod in this section shall bo doomed to constitute withdrawal of tho application. 7, Nothing in this section precludes an applicant and the city from mutually agreeing to an extension of any time limit provided in this section. G. Time limits for approval or denial of development permits. 1. The citv shall approve or disapprove a development permit application within the time limits specified in Title 7. Division 1. Chapter 4.5. Article 5 of the California Government Code, unless an extension of time is mutually agreed to bythe applicant and citv pursuant to Government Code section 65957. H. Permit Streamlining Act not applicable to legislative actions. Page 108 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. The time limits specified in subsections F and G of this section do not apply to legislative actions and likewise do not apply to development permit applications that include legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation. 21.54.020 Reserved. Aooeptabilitv of signatures on applications. If signatures of persons other than the owners of property making the application are required or offerod in support ot or in opposition to, an application, thoy may be received as ovidonco of notice having boon served upon them ofthe ponding application, or as ovidonco of their opinion on tho pending issue, but they shall in no case infringe upon tho froo exorcise of the powers vested in tho city as represented by tho planning commission and tho city council. 21.54.030 Reserved. Applications as part of permanent record. Applications filod pursuant to this titio shall bo numborod consocutivoly in tho ordor of thoir filing, and shall become a part ofthe pormanont official records of tho agoncy to which application is made, and there shall be attached thereto and permanently filed there with copios of all notices and actions with certificates and affidavits of posting, mailing or publications pertaining thereto. 21.54.040 Filing foos. A fee in an amount established by city council resolution shall be paid at the time an application for a devolopmont pormit for approval or the approval of a change in zono or gonoral plan boundaries reclassifications is filed. No application shall be accepted or doomed accepted until tho appropriate foo or foos havo boon paid. 21.54.040 Decision-making authoritv for multiple development permits. A. For purposes of this section, "development permit" means anv permit, entitiement or approval required pursuant to Titles 20 or 21 ofthis code, or pursuant to anv applicable master, specific, or redevelopment plan. B. For purposes of this section, "citv planner" shall be interchangeable with "citv engineer" and "housing and neighborhood services director", and "citv council" shall be interchangeable with "housing and redevelopment commission". C. When multiple development permits are processed concurrently for a proposed proiect. the decision-making authoritv for all such development permits shall be as follows: 1. The citv planner shall have the authority to approve, conditionallv approve or denv. on all concurrentiy processed development permits, provided that such permits do not include a development permit that reguires a decision from the planning commission or citv council. 2. The planning commission shall have the authoritv to approve, conditionallv approve or denv. on all concurrently processed development permits that: Page 109 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. Include a development permit that has been appealed to the planning commission in accordance with Section 21.54.140: or b. Include a development permit that reguires a decision from the planning commission: and that from the citv council. c. Does not include a development permit that reguires a decision 3. The citv council shall have the authoritv to make a decision on all concurrentiy processed development permits that: a. Include a development permit that has been appealed to the citv council in accordance with Section 21.54.150 ofthis titie: or citv council. Include a development permit that reguires a decision from the D. Except for appeals, the citv council shall first receive a recommendation from the planning commission prior to making a decision on all concurrently processed development permits. 21.54.050 Setting of hearing. A. All proposals for amending zone or general plan boundaries or reclassifications. or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the citv planner difestof when such hearings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. Conditional uses in the coastal zone shall be subject to the requirements of this chapter and the additional requirements of Chapter 21.81 or 21.201 as applicable. B. The citv shall approve or disapprove a proiect within the time limits specified in California Government Code Sections 65950. 65950.1. 65951. or 65952. unless an extension of time is mutually agreed to bv the applicant and citv as provided in Government Code section 65957.The Pormit Streamlining Act does not apply to logislative actions and likewise does not require that pormit applications bo doomed approved if not acted on within tho statutory poriod whon such permit applications would require logislativo changes in applicablo general plans, zoning ordinances or other controlling land use legislation. C. The time limits specified in this section and in Section 21.54.010 above do not applv to legislative actions and likewise does not reguire that permit applications be deemed approved if not acted on within the statutorv period when such permit applications would reguire legislative changes in applicable general plans, zoning ordinances or other controlling land use legislation.The city shall approvo or disapprove a proiect within sixty days ifthe proiect is determined to be exempt. 21.54.060 Notices of applications and hearings. A. NetieeNoticing of public hearings shall bo given as follows: Page 110 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (1)^ When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, at least ten calendar davs prior to the public hearing, notice of the hearing shall be given in all of the following ways: (a).. Notice of the hearing shall be mailedbv mail. Mailed or delivered at least ten days prior to tho hearing to thoto: authorized agent and to tho; The owner of the subject real property or the owner's duly representative: (b) The project applicantT- and/or the applicant's III. Notico ofthe hearing shall bo mailed or dolivorod at loast ten days prior to the hearing to eachEach local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the projectv; iv. Notice of the hearing shall bo mailed or delivered at loast ten days prior to the hearing to allAII owners of real property as shown on the latest equalized assessment roll within six hundred feet, or throe hundred foet for varianco applications, of the real property that is the subject ofthe hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector wbiefethat contain more recent information than the assessment roll may be used. Ifthe number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than one thousand^ in lieu of mailed or delivered notice, the city manager may pormit notice temay be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city at least ton days prior to tho hearing. V. All occupants within one hundred feet of the subiect propertv and the area office of the California Coastal Commission (applicable to coastal development permits onlv). vi. Anv person who has filed a written request for notice with the citv clerk. The citv clerk shall charge a fee established bv citv council resolution which is reasonably related to the costs of providing this service. Each reguest shall be annually renewed. b. Published or posted notice. Unless newspaper advertisement is provided pursuant to Section 21.54.060.A.iv. the public hearing notice shall either be: L Published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the citv at least ten calendar davs priorto the hearing: or ii. Posted at least ten calendar davs prior to the hearing in at least three public places in the citv. including one public place in the area directiv affected bv the proceeding. (d) If the notice is mailed or delivered pursuant to subparagraph (c), the notice shall also oithor bo: Page 111 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (I) Published pursuant to Section 6061 in at loast ono newspaper of gonoral circulation within the city at loast ton days prior to the hearing; (ii) Posted at least ton days prior to the hearing in at least three public places in the city, including one public place in the area directly affected by the proceeding. (e) Within tho coastal zono, notico shall additionally bo providod to occupants within one hundred foot ofthe site and to the aroa office ofthe California Coastal Commission. Such notice shall be mailed not less than ten days before tho dato ofthe public hearing. (2)^ When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to California Government Code Section 6061 in at least one newspaper of general circulation within the city at least ten calendar days prior to the hearing. B. Noticing of administrative permits. 1 • When a provision of this code reguires notice of an application pursuant to this subsection, at least ten calendar davs prior to a decision on the application, written notice shall be given as follows: a. authorized agent: Notice bv mail. Mailed or delivered to: i. The owner of the subiect real property or the owner's duly II. The proiect applicant and/or the applicant's representative: iii. All owners of real property as shown on the latest egualized assessment roll within three hundred feet ofthe real propertv that is the subiect of the administrative permit: or all owners within one hundred feet for minor coastal development permits onlv. In lieu of utilizing the assessment roll, records ofthe countv assessor or tax collector that contain more recent information than the assessment roll mav be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice mav be given bv placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the citv. iv. All occupants within one hundred feet of the subiect propertv. and to the area office ofthe California Coastal Commission. This reguirement applies to minor coastal development permits onlv. V. Any person who has filed a written reguest for notice with the citv clerk. The citv clerk shall charge a fee established bv citv council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. Page 112 LAND USE DECISION MAKING (ZCA 11 -06/LCPA 11 -07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Once notice has been given in accordance with Section 21.54.060.B.1. anv person mav file written comments or a written reguest to be heard within ten calendar davs of the date ofthe notice. If a written reguest to be heard is filed, the citv planner shall: a. Schedule an administrative hearing: and b. Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subiect real propertv or the owner's duly authorized agent, the proiect applicant and/or applicant's representative, and anv person who filed written comments or a written reguest to be heard. 3. The noticing reguirements specified in Section 21.54.060.A shall applv if an administrative permit is processed concurrently with a permit, entitlement, or action that requires a public hearing. 21.54.061 Content of notice. (a)A The notice given pursuant to Section 21.54.060 shall include the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or diagram, ofthe location ofthe real property if any, that is the subject of the hearing. (fe)B^ However, within the coastal zone such notice shall contain the following additional information: (1)., A statement that the development is within the coastal zone; (2)^ The date of filing of the application and the name of the applicant; (3); The number assigned to the application; (4)., A brief description of the general procedure of local government concerning the conduct of hearing and local actions; {5)^ The system for local and Coastal Commission appeals, including any local fees required, expressly stating whether the matter is appealable to the Coastal Commission. 21.54.062 Additional notioo to persons requesting it. C. Notice given pursuant to Section 21.54.060^ shall also bo mailed or dolivorod at loast ten days prior to theinclude a statement that an administrative hearing to any porson who has filed a shall be held upon written request for notico with tho city clork. The city clerk shall charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed. Page 113 ^1 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.54.064 and 21.54.070 21.54.064 Applicant's responsibilities A. The applicant for anv action reguiring a notice of public hearing or notice of administrative permit pursuant to the provisions of Section 21.54.060 ofthis titie shall provide the citv with public notification materials (i.e. radius map, mailing list and labels as specified bv the citv planner) and notice mailing fee egual to the current postage rate to cover the cost of mailing the notice (a) The applicant for any action requiring a noticed public hearing shall provide tho city with a list of persons or entities to whom notice must bo given and the addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. Tho list and the envelopes, if required, shall be providod to the city not more than forty five nor less than thirty days prior to the time tho matter is scheduled for hearing. If the number of persons to whom notico would bo mailed exceeds ono thousand tho applicant may, in liou of providing tho stamped, addressed envelopes, provide an appropriate display advertisement. The applicant shall verify the accuracy of tho list and the addresses. Tho planning diroctor or tho city clork shall be responsible for informing the applicant ofthe date a matter is scheduled for hearing. -(fe) Tho applicant shall pay tho cost of providing tho notico roquirod by this chaptor. 21.54.070 ReservedReguired wording of notices Suoh public notico of hearings on zono reclassifications, amondmonts, variances or conditional uso permits shall consist ofthe words "Notico of Proposod Change of Zono Boundaries or Classification" or "Notico of Proposod Varianco" or "Notico of Proposod Conditional Use Permit" as tho case may bo. sotting forth tho doscriptlon of tho proporty undor consideration, the nature ofthe proposed change or use, and the time and place at which the public hearing or hearings on tho mattor will be held. Section 21.54.120 and 125 21.54.120 Gonoral plan amondmonts (oxcopt for tho coastal zono).Announcement of decision and findings of fact All provisions of this chaptor applicablo to the amondmont of zono classifications shall also apply to amendments to tho gonoral plan or to any of tho elements thoroot Ifthe hearings for general plan amendments aro hold at the same timo as hearings for zono amendments under Chapter 21.52, the notico of such hearings may bo combined with those required for general plan amendments underthis section. A. When a decision is made pursuant to this title an announcement of the decision and findings of fact shall be provided when: 1. Pursuant to section 21.54.060 of this chapter, a public notice was provided for the associated application: or Page 114 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. Notice of such decision is reguired to be provided pursuant to this section. B. The decision-making bodv shall announce its decision in writing as follows: 1 The citv planner shall announce his/her decision and findings bv letter. 2. The planning commission shall announce its decision and findings bv formal resolution. 3. The citv council shall announce its decision and findings (if applicable) bv formal resolution or ordinance. C. The announcement of decision and findings shall include: 1. A statement that the permit is approved, conditionallv approved, or denied: 2. The facts and reasons which, in the opinion of the decision-making bodv. make the approval or denial of the permit necessarv to carry out the provisions and general purpose ofthis titie: 3. Such conditions and limitations that the decision-making bodv mav impose in the approval of the permit. D. The announcement of decision and findings shall be mailed to: 1. The owner of the subiect real propertv or the owner's duly authorized agent, the proiect applicant and/or the applicant's representative at the address or addresses shown on the application filed with the planning division: 2. Anv person who has filed a written reguest for a notice of decision: 3. Anv person who filed a written reguest for an administrative hearing or to be heard at an administrative hearinq. 21.54.125 Amendments to development permits. A For purposes of this section, "development permit" means anv permit. entitlement or approval reguired pursuant to Titie 21 of this code, or pursuant to anv applicable master, specific, or redevelopment plan. B, Anv approved development permit mav be amended bv following the same procedure reguired for the approval of said development permit (except that if the Citv Council approved the original permit, the Planning Commission shall have the authoritv to act upon the amendment), and upon pavment of the application fee contained in the most recent fee schedule adopted bv the citv council. C, If an approved development permit was issued pursuant to the provisions of Section 21.54.042 of this title, anv amendment to said permit shall be acted on bv the decision- Page 115 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) making authoritv that approved the original permit, except that if the Citv Council approved the original permit, the Planning Commission shall have the authoritv to act upon the amendment. D, In granting an amendment, the decision-making authoritv mav impose new conditions and mav revise existing conditions. Section 21.54.140 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood services director decisions. a)A This section shall apply to those decisions or determinations of the city planner or housing and neighborhood services director made pursuant to this title or city planner determinations pursuantto Titie 19 or Titie 20. Accordingly, in this section, "housing and neighborhood services director" shall be interchangeable with "city planner;" "housing and redevelopmont neighborhood services department" shall be interchangeable with "planning division;" and "housing and redevelopment commission" shall be interchangeable with "city council." (fe)Bi Whenever the city planner is authorized, pursuant to this title. Titie 19. or Titie 49720 to make a decision or determination, such decision or determination is final and effective when the city planner's written determination is mailed or otherwise delivered to the person(s) affected by the determination, whichever time is least restrictive. Within ten calendar days ofthe date that a decision or determination becomes final, a written appeal may be filed with the city planner by an interested person. An individual member ofthe city council can be an interested person for purposes ofthe appeal. Filing of such an appeal within such time limits shall stay the effect ofthe decision or determination ofthe city planner until such time as the planning commission has acted on the appeal. The appeal shall specifically state the reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist Grounds for appeal shall be limited to the following: that there was an error or abuse of discretion on the part of the city planner in that the decision was not supported by the facts presented to the city planner prior to the decision being appealed; or that there was not a fair and impartial hearing. Fees for filing an appeal under this section shall be established by resolution ofthe city council. (G)0 Upon the filing of an appeal, the city planner shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required ofthe determination or decision being appealed. The appeal hearing before the planning commission is de novo; however the planning commission shall consider only the evidence presented to the city planner for consideration in the determination or decision being appealed. The planning commission shall determine all matters not specified in the appeal have been found by the city planner and are supported by substantial evidence. The planning commission may affirm, modify, or reverse the decision of the city planner, and make such order supported by substantial evidence as it deems appropriate, including remand to the city planner with directions for further proceedings. The planning commission action on an appeal shall be final unless appealed to the city council, pursuant to the provisions of Section 21.54.150. Page 116 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.58 VIOLATION-REVOCATION-EXPIRATION Title and List of Sections in Chapter 21.58 CHAPTER 21.58 VIOLATION-REVOCATION-EXPIRATION-EXTENSIONS Sections: 21.58.010 21.58.020 21.58.030 21.58.040 Notice of violation for non-compliance with conditions Revocation of permits or variance Expiration eeriedof permits Extensions Section 21.58.030 and 21.58.040 21.58.030 Expiration ^eriedof permits Anv permit or approval granted pursuant to this title becomes null and void if not exercised within two years of the date of approval: however, permits or approvals which are issued in coniunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040. (a) Any conditional use permit or variance or other developmont permit or approval granted pursuant to this titio becomes null and void if not exercised within tho timo poriod spocifiod in tho approval lottor or resolution granting tho application or, if no timo poriod is spocifiod, within oightoon months of tho date of approval. (fe) Unless an eariier expiration date appears on the face of the permit any dovolopmont pormit which is issuod in conjunction with tontativo subdivision map for a planned unit dovolopmont as dofinod by Soction 11003 of tho Stato Businoss and Professions Codo shall expire no sooner than the approved tentative map or any extension thereof whichever occurs lator. Local coastal dovolopmont permits issued in conjunction with a tentativo subdivision map for a planned unit development shall expiro no sooner than the approved tentative map and shall bo in accordanco with tho applicable local coastal program which is in offoct at tho timo of tho application for oxtonsion. 21.58.040 Extensions (a) This section shall apply to extensions of time that may be granted to permits or approvals granted pursuant to this titie. (b) The city planner may administratively, without a public hearing or notice, extend the time within which the riqht or privilege granted under a permit or approval is valid, subiect to the following: (1) Prior to the expiration date of the permit or approval, the applicant shall Page 117 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) submit a written reguest for a time extension, along with pavment of the application fee contained in the most recent fee schedule adopted by the city council. (2) Provided the written reguest for a time extension is timely filed, the permit shall be automatically extended until a decision to approve, conditionally approve or denv the reguest is rendered: however, if a time extension is granted, it shall be based on the original approval date. (3) The citv planner shall extend the permit or approval for an additional two years, if the following findings are made: (A) The permit or approval remains consistent with the general plan, all tities of this code and growth management program policies and standards in place at the time the extension is considered: (B) Circumstances have not substantiallv changed since the permit or approval was originally granted. (C) The city planner may grant no more than three, two-year extensions, for a total cumulative time extension of six years: except however, that any permit or approval issued in coniunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Titie 20 ofthis code. (D) All proiect related permits or approvals, which were granted concurrently, shall be extended to expire concurrently, provided all such permits are extended pursuant to the provisions of this section. (E) When granting an extension of a permit or approval, the citv planner may impose new conditions and mav revise existing conditions. (F) The city planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a permit or approval. A copy of the letter announcing the city planner's decision shall be mailed to the applicant and/or the applicant's representative and to anv person who has filed a written reguest to receive such notice. AMENDMENTS TO CHAPTER 21.70 DEVELOPMENT AGREEMENTS List of Sections in Chapter 21.70 21.70.005 Authority for adoption—^Applicability 21.70.010 Forms and informationApplication 21.70.020 Fees and reimbursements 21.70.02^030 Accounting requirements 21.70.030 Qualification as an applicant 21.70.040 Proposod form of agroomontNotices and hearings 21.70.050 Review of applicationDecision-making authority Page 118 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.70.060 Transmittal to planning commissionFindings of fact 21.70.070 Planning comriiission roportReserved 21.70.080 Docision by city councilReserved 21.70.090 Approval of devolopment agroomontsReserved 21.70.100 Required noticoReserved 21.70.110 Irregularity in proceedings 21.70.120 Amendment and cancellation of agreement by mutual consent 21.70.130 Recordation 21.70.140 ReservedPoriodic roviow 21.70.150 Procedure for periodic review 21.70.160 Modification or termination 21.70.170 No damages on termination 21.70.180 No vesting of rights 21.70.190 Reservation of rights Section 21.70.010 through 21.70.100 21.70.010 Forms and informationApplication (a) Exoept as othorwiso providod in this chaptor, tho planning director shall proscribe tho form for each application, notico and document providod or roquirod undor this chaptor for the preparation and implementation of development agreements. (fe) Tho planning diroctor may require an applicant to submit such information and supporting data as tho planning diroctor considors nocossary to procoss tho application. A. An application for a development aqreement mav be made bv anv person having a legal or eguitable interest in real propertv for the development of the real propertv or bv that person's authorized agent The application shall: 1. Be made in writing on a form provided bv the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans, a legal description of the propertv involved and all other materials as specified bv the citv planner. 4. Be accompanied bv the form of development agreement agreeable to the citv planner and citv attornev. The proposed agreement shall contain all the elements reguired bv Government Code Section 65865.2 and mav include anv other provisions permitted bv law, including requirements that the applicant provide sufficient security approved bv the citv attornev to ensure provision of public facilities. 5. Be accompanied bv a fiscal impact analvsis. if the applicant claims that the proiect will have an economic benefit to the citv. B. The citv planner shall reguire an applicant or the applicant's authorized agent to submit proof of interest in the real propertv and of the authoritv of the agent to act for the Page 119 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) applicant. Before processing the application, the citv planner shall obtain the opinion ofthe citv attornev as to the sufficiency of the applicant's interest in the real propertv to enter into the agreement. 21.70.020 Fees and reimbursements (a) A foo ostablished by city council resolution shall be paid by the applicant at the timo of filing tho application. A. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. (fe) 1. Nothing in this chapter shall relieve the applicant from the obligation to pay any other fee for a city approval, permit or entitiement required by this code. (G) 2. The city may require the applicant to agree to pay the city's costs in negotiating, preparing and processing the development agreement, including the fees and expenses of special counsel and any other consultants engaged by the city in connection with the development agreement. 21.70.025030 Accounting requirements. (a)A For any development agreement entered into on or after January 1, 2004, the city shall comply with Government Code Section 66006 et. seq., the Mitigation Fee Act, with respect to any fee it receives or costs it recovers pursuant to this chapter. (fe)8 The Mitigation Fee Act requires the city to deposit developer fees or costs reimbursements collected associated with the development agreement into a separate capital facilities account or fund and spend the money only for the purpose for which it was collected. The city must provide an annual public report accounting for these funds. 21.70.040 Notices and hearings A. Notice of an application for a development aqreement shall be qiven pursuant to the provisions of section 21.54.060.A and 21.54.061 ofthis titie. 21.70.030 Qualification as an applicant- Only a qualified applicant may filo an application to enter into a dovolopmont agroomont. A qualified applicant is a person who has legal or equitable interest in the real property which is tho subject of the development agreement. Applicant inciudos authorized agent The planning diroctor shall require an applicant to submit proof of his interest in the roal proporty and ofthe authority of tho agont to act for tho applicant. Beforo procossing tho application tho planning diroctor shall obtain tho opinion ofthe city attornoy as to the sufficiency ofthe applicant's interest in tho roal proporty to enter into tho agroomont. 21.70.040 Proposed form of agroomont. Each application shall bo aocompaniod by the form of dovolopmont agroomont proposod by tho applicant unless the dty manager, in consultation with the planning director and city attorney, determines to provide the applicant with the form of a dovolopment agroomont. The city council Page 120 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) may adopt by resolution a standard form of dovolopment agreement. The applicant may choose to use the standard form and include specific proposals for changes in or additions to the language of tho standard form. Tho proposed agreement shall contain all tho elements roquirod by Govornmont Code Section 65865.2 and may includo any othor provisions permitted by law, including requiromonts that tho applicant provido sufficient security approved by the city attorney to ensure provision of public facilities. 21.70.050 Decision-making authoritv A. An application for a development aqreement mav be approved, modified or denied bv the citv council based upon its review ofthe facts as set forth inthe application, the circumstances of the particular case, and evidence presented at the public hearing. B. Prior to the citv council's decision on a development agreement, the application shall be processed as follows: 1 • The citv planner shall review the application and mav reiect it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. 2. After the application is found to be complete, the city planner shall forward a copy of the application and proposed agreement to the citv attornev for review. 3. If the applicant claims that the proiect will have an economic benefit to the city, the citv planner shall forward a copy ofthe application, proposed agreement, and fiscal impact analvsis. to the finance director for review. 4. If the proiect is located within the coastal zone, the citv shall forward copies of anv proposed development agreement to the California Coastal Commission for review and invite comments as to its consistency with the certified local coastal program. 5. The citv planner shall review the application and proposed agreement and shall prepare a report and recommendation to the planning commission on the agreement: said report shall include the recommendations of the citv attornev and finance director. 6. The planning commission shall hear and consider the application and prepare a recommendation and findings forthe citv council, including the matters stated in Section 21.70.050 ofthis chapter. C. The citv council shall hear the matter and consider the findings and recommendations ofthe planning commission. D. The citv council mav approve the development agreement onlv if all the findings of fact in Section 21.70.060 of this chapter are found to exist. E. If the citv council approves the development agreement, it shall adopt an ordinance approving the agreement and directing the mayor to execute the agreement after the effective date ofthe ordinance on behalf of the citv. Before execution, each agreement shall be approved as to form bv the citv attorney. Page 121 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.70.050 Roviow of application. (a) The planning diroctor shall roviow tho application and may reject it if it is incomplete or inaccurate for processing. If ho finds that tho application is comploto, he shall accept it for filing. (fe) Tho planning director shall review tho application and proposod agroomont and shall prepare a roport and rocommondation to tho planning commission on tho agroomont. (G) The planning director shall forward a oopy of tho application and proposod agreement to tho city attorney for roviow. Tho city attorney shall prepare a report and recommendation to tho planning commission on tho agroomont. (d) Tho planning diroctor shall fonvard a copy ofthe application, proposod agroomont, and a fiscal impact analysis, for projects purporting to provide economic benefits to the city, to tho finance director for review. The finance director shall prepare a report and recommondation to the planning commission on the agroomont and fiscal impact analysis. 21.70.060 Transmittal to planning commission. The planning diroctor shall transmit the application to the planning commission for a public hearing whon all tho nocossary reports and rocommondations are completed. Notico of the public hearing shall bo given as providod in this chaptor. The application for a dovolopmont agroomont may bo considorod concurrently with other discrotionary permits for tho project. 21.70.070 Planning commission report- After a public hearing, tho planning commission shall considor the application and prepare a roport and rocommondation for tho city council. Tho roport and rocommondation shall includo findings on the matters stated in Section 21.70.080(b). This report and recommendation shall bo fonvardod to the city clork who shall sot tho mattor for public hearing boforo tho city council. 21.70.0S060 Docision bv citv councilFindings of fact (a) After the city council completes tho public hearing, it may approve, modify or disapprove tho dovolopmont agreement. It may rofor matters not proviously considorod by tho planning commission during its hearing back to tho planning commission for roport and recommendation. The planning commission nood not hold a public hearing on matters referred back to it by the city council. (fe)A The city council shall not approve the development agreement unless it finds that the agreement: (1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan, the certified local coastal program and any applicable specific plan; Page 122 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2.,) Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located and all other provisions of Title 21 of this code; (3^) Is in conformity with public convenience, general welfare and good land- use practices; (4J Will not be detrimental to the health, safety and general welfare; (5.,) Will not adversely affect the orderiy development of property or the preservation of property values; 65869.5; (6J Is consistent with the provisions of Government Code Sections 65864— (7J Where applicable, ensures provision of public facilities in a manner consistent with the general plan; (8J When applicable, is consistent with the provisions of Titie 20 of this code; (9^) Will result in the provision of economic, environmental, recreational. agreement. 21.70.070 Reserved. 21.70.080 Reserved. 21.70.090 Reserved. 21.70.090 Approval of development agroementsReserved. If tho city council approves tho dovolopment agreement, it shall adopt an ordinance approving the agreement and directing the mayor to oxocute the agreement aftor the effective dato of tho ordinance on bohalf of tho city. Before execution, each agroomont shall bo approved as to form by the city attorney. For projects locatod within tho coastal zone, the city shall forward copios of any proposed development agreement to the California Coastal Commission for review and invite comments as to its consistency with the certified local coastal program. 21.70.100 Roguirod notioeReserved. -(a) Notico of public hearing roquirod by this chaptor shall bo givon by both methods provided in Section 21.51.060 ofthis code. (fe) Tho notico requirement referred to in subsection (a) is declaratory of existing law (Govornmont Codo Soctions 65867, 65090 and 65091). If state law proscribes a different notico requirement notice shall bo given in that manner. Page 123 ^51 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (G) The failure of any porson to receive notice required by law or these regulations doos not affoot the authority of the city to enter into a development agreement. Section 21.70.140 21.70.140 ReservedPeriodic roview (a) The city council shall roviow the development agroomont every twelve months from tho dato tho agroomont is entered into. (fe) The timo for review may bo shortened either by agreement between the parties or by initiation in ono or moro of tho following ways: (4)——Recommondation of tho city planner; . (2) Resolution of intention by tho planning commission; (3) Rosolution of intention ofthe city council. (G) The city planner shall begin the review proceeding by giving written notice that the city coundl intends to undertake a periodic roview ofthe developmont agreement to the proporty ownor. Hoshall givo the notico at loast ton days in advance of tho timo at which tho mattor will bo considorod by tho council. (d) The dty council may refer tho matter to the planning commission for review and recommendation. Section 21.70.160 21.70.160 Modification or termination (a)A A development agreement may be amended, or canceled in whole or in part, bv mutual consent of the parties to the agreement or their successors in interest. B. Notice of intention to amend or cancel anv portion of the agreement shall be given in the manner provided bv Section 21.54.060.A ofthis titie. If upon a finding under Section 21.70.150(d) tho council determines to modify or terminate tho agreement, the council shall give notico to tho property owner of its intention so to do. Tho notico shall state: (4) Tho timo and place ofthe hearing; (2) A statement as to whether or not the council proposes to terminate or to modify tho dovolopment agroomont; (3) Other information which the council considers nocossary to inform tho proporty owner of the nature of tho proceedings. Page 124 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Such notico may be given at tho conclusion ofthe hearing hold according to Section 21.70.150. (fe) At tho timo and place set for tho hearing on modification or tormination, tho property owner shall be givon an opportunity to bo heard. Tho council may rofor tho mattor back to the planning commission for further proceedings or for roport and recommondation. The council may impose those conditions to the action it takes as it considers necessary to protect tho interests ofthe city. Tho docision ofthe city coundl is final. AMENDMENTS TO CHAPTER 21.81 COASTAL DEVELOPMENT PERMITS - VILLAGE REVIEW ZONE CHAPTER 21.81 Soctions: 21.81.010 21.81.120 21.81.140 CHAPTER 21.81 COASTAL DEVELOPMENT PERMITS VILLAGE REVIEW ZONE Definitions. 21.81.020 Pormit roquirod. 21.81.030 Devolopment exempt from coastal developmont permit procoduros. 21.81.035 Repair and maintenance activities requiring a coastal dovolopment permit. 21.81.010 Application. 21.81.050 Duties of housing and rodovolopmont diroctor—Exemptions—Emorgoncy permits 21.81.055 Administrativo coastal developmont permits. 21.81.060 Transmittal to planning commission. 21.81.070 Planning commission action. 21.81.080 Effoctivo date of ordor—Appeal of planning commission decision. 21.81.090 City council action. 21.81.100 Public hearing; 21.81.110 Appeals to Coastal Commission. 21.81.115 —Coastal developmont permits issued by tho Coastal Commission. Notico of final local action. 21.81.130 Effective date of permit. Review of recorded documents. 21.81.150 Applications for omorgoncy permits. 21.81.160 Expiration of coastal permits. 21.81.165 Amendment to coastal devolopmont pormit. 21.81.010 Definitions. (a) Coastal Zone. "Coastal zono" moans that portion of tho Carisbad coastal zono locatod within the aroa ofthe city described in tho Carisbad villago master plan and design manual and shown on the map entitied Carisbad Village segment of Carisbad Coastal Zono dated and on file in the offices of housing and rodevelopment and city clork. (fe) Coastal Commission. "Coastal Commission" moans tho California Coastal Commission. Page 125 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (G) Developmont. "Dovolopmont" means on land, in or undor wator, the placement or erection of any solid matorial or structure; dischargo or disposal of any dredged matorial or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in tho density or intensity of use of land, including but not limited to. subdivision pursuant to the subdivision map act and any other division of land, including lot splits, except whoro the land division is brought about in connection with the purchase of such land by a public agoncy for public rocroational uso; change in tho intensity of uso of wator, or of access thereto; construction, reconstruction, domolition or alteration ofthe sizo of any structure, including any facility of privato, public or municipal utility, and tho removal or harvesting of major vegetation othor than for agricultural purposes, kolp harvesting, and timber operations which aro in accordanoo with a timber harvesting plan submitted pursuant to the provisions of tho Z'borg Nejedly Forest Practice Act of 1973 (commoncing with Soction 1511). As usod in this soction, "structure" indudes, but is not limited to, any building, road, pipo, flume, conduit, siphon, aqueduct, tolophono lino, and electric powor transmission and distribution lino. (d) Major Energy Facility. "Major energy facility" moans any energy facility as dofinod by Public Rosourcos Code Soction 30107 and oxcooding ono hundred thousand dollars in estimated cost of construction. (e) Major Public Works Project. "Major public works project" moans any public works projoct as dofinod by Titio 11 California Codo of Regulations Soction 13012 and oxcooding ono hundred thousand dollars in estimated cost of construction. 21.81.020 Permit roquirod. Unless a dovolopmont is exempt from coastal developmont pormit procoduros pursuant to Soction 21.81.030, no dovolopmont shall occur in tho coastal zono without a pormit having first boon issuod according to tho provisions of this chapter. 21.81.030 Development exempt from coastal development permit procedures. (a) Categorical Exclusions. (4) A pormit issuod for a developmont which is catogorically oxoludod from the coastal development permit requirements pursuant to California Public Resources Codo Section 30610, shall bo exempt from the requirement ofthis chaptor. (2) The city council may designate by resolution, after a public hearing, categories of development which have no potential for any significant adverse effect, oithor individually or cumulatively, on coastal resources or on public access to, or along tho coast. Dovolopmont which has boon so dosignatod shall bo catogorically exempt from tho provisions of this chapter. Tho designation of any categorical exemption shall not bo offoctivo until tho oxomption has boon approved by tho Coastal Commission. Tho housing and rodovolopmont director and planning diroctor shall koop a record of all permits issuod for categorically exempt projects as specified in subsection (a)(1) ofthis soction. (fe) Exompt Projocts. In addition to thoso projects catogorically oxcludod pursuant to subsection (a), the following projects are exempt from the requirements of a coastal development permit Page 126 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Improvements to existing single family residential building except: (A) On a beach, wetiand or seaward ofthe moan high tide lino whoro tho residence or proposed improvement would encroach within fifty feet ofthe edge of a coastal feluff^ (8) On proporty locatod between the sea and tho first public road paralloling tho soa or within throe hundred foot of tho inland extent of any boach or of tho moan high tide of the sea where there is no boach, whichovor is tho greater distance, or in significant scenic rosourcos areas as dosignatod by the commission or regional commission, improvomont that would result in an incroaso of ton percent or moro of internal floor aroa of an existing structure or an additional improvomont of ton percent or loss whoro an improvomont to tho structure had proviously boon undertaken pursuant to Public Rosourcos Codo Section 10610(a), or an incroaso in height by moro than ton porcont of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks; (G) Any significant alteration of land forms including removal or replacement of vogotation on a beach, wotiand, or sand duno, or within fifty foot of tho odgo of a coastal bluff except as providod in subsection (b)(3) ofthis soction. For tho purposes ofthis soction an existing single family residential building shall include all appurtenances and othor accessory structures, including docks, directly attached to the residence; accessory structures or improvoments on the property normally associated with rosidonoos, such as garages, swimming pools, fences, storage sheds but not including guest houses or self contained residential units; landscaping on tho lot (2) Improvoments to existing structures othor than a single-family rosidenco or public works facility oxcopt: (A) On a beach, wotiand. stream or lake; seaward ofthe moan high tide lino; whoro tho structure or improvement would encroach within fifty foot of the odgo of tho coastal bluff; (8) On proporty located botwoon tho soa and tho first public road paralleling the sea or within three hundred foot of tho inland extent of any beach or of the mean high tide ofthe sea where there is no boach, whichever is tho groator distanco, any improvomont that would result in an incroaso of ton porcont or moro of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to tho structure had previously been undertaken pursuant to Public Rosourcos Code Section 10610(a), or an increase in height by more than ton porcont of an existing structure and/or any significant non attached structure such as garages, foncos, shoreline protective works or docks; (G) Any improvomont which changes tho intensity of uso of a structure; and (O)-—Any significant alteration of land forms induding removal or placement of vogotation on a boach, wotiand, or sand duno, or within ono hundred foet of tho edge of a coastal bluff or stream except as providod in subsection (b)(3) ofthis soction. Page 127 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3) The following improvements aro exempt from tho roquiromonts of a coastal permit regardless of location: - (A) Landscaping on tho lot unless the landscaping could result in erosion or damage to sensitive habitat aroas; (8) Additions resulting in a cumulative increase of less than ten poroont of tho internal floor aroa of an existing structure; 21.81.035 (G) Repair or maintenance activities not doscribed in Section (O) Activities of public utilities as spocifiod in tho repair, maintonanco and utility hook-up exclusion adopted bythe Coastal Commission. September 5,1978, and as modified from timo to timo. 21.81.035 Repair and maintenance activities requiring a coastal development pormit. (a) Tho following ropair and maintonanco activities require a coastal dovolopmont permit because they involve a risk of substantial adverse environmental impact: (4) Any method of ropair or maintonanco of a soawall, rovotmont, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shorelino work that involvos: (A)— Repair or maintenance involving substantial alteration ofthe foundation of the protective work including pilings and other surface or subsurface structures; (8) The placement, whether temporary or pormanont, of rip rap. artificial borms of sand or othor beach materials, on a boaoh or in coastal waters, streams, wetiands, estuaries and lakes or on a shoreline protective work oxcopt for agricultural dikes within enclosed bays or estuaries; (€) The roplacomont of twenty percent or moro of tho materials of an existing structure with materials of a different kind; or (O) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy aroa or bluff or within twenty foot of coastal waters or streams. (2) Any method of routine maintonanco dredging that involvos: (A) The dredging of ono hundred thousand cubic yards or moro within a twelve month period; (8) Tho placement of dredged spoils of any quantity within an onvironmontally sensitive habitat area, on any sand aroa. within fifty foot of the edge of a coastal bluff or onvironmontally sensitive area, or within twenty foot of coastal waters or streams; or Page 128 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (G)— The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must bo maintained for protection of structures, coastal access or public recroational uso. (3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of tho edge of a coastal bluff or onvironmontally sonsitivo habitat aroa, or within twenty foot of coastal waters or streams that includo: (A) The placement or removal, whether temporary or permanent, of rip rap, rocks, sand or othor boach materials or any othor forms of solid materials; (8) The prosenco, whether temporary or permanent, of mechanized oquipmont or construction materials. All repair and maintonanco activities govornod by tho above provisions shall be subject to tho permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, tho regulations governing administrativo and omorgoncy permits. Tho provisions of this soction shall not be applicablo to thoso aotivitios spocifioally describod in the document entitled ropair. maintonanco, and utility hook-ups, adopted bythe Coastal Commission on Septembers, 1978. (fe) Unless destroyed by natural disaster, tho roplacomont of fifty porcont or moro of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective work under ono ownership is not ropair and maintenance undor Soction 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. 21.81.040 Application. Application for a coastal dovolopmont pormit shall bo mado in accordanco with tho procedures set forth in this soction. (a) An application for a pormit may bo mado by tho record owner or ownors of tho property affoctod or the authorized agont of tho ownor or owners. Tho application shall bo filod with tho director upon forms provided by the director and shall be processed in accordance with Section 21.54.010 ofthis code. (fe) At the time of filing the application tho applicant shall pay a processing fee in an amount spocifiod by city council resolution. (G) If signatures of persons other than tho ownors of property making tho application aro roquirod or offered in support of, or in opposition to, an application, thoy may bo rocoivod as ovidonco of notico having boon served upon them ofthe ponding application, or as ovidonco of thoir opinion on tho ponding issue, but thoy shall in no caso infringe upon tho froo oxorciso of tho powers vested in tho city as roprosontod by tho planning commission and tho city council. The application shall bo aocompaniod by a fee in tho amount established by city council rosolution. No application shall bo accoptod or doomed acoopted until the appropriate foo or foos havo boon paid. Page 129 ^3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (d) -—Whenever the dovolopment would require a permit or approval under the provisions of this titie, notwithstanding this chaptor, the application shall include sufficient information to allow roviow of such pormit or approval. Application for all permits or approvals underthis titio and tho coastal pormit may bo consolidatod into one application. (e) The director may require that the application contain a description ofthe feasible alternatives to tho development or mitigation measures which will bo incorporated into tho development to substantially losson any significant effect on tho onvironmont which may bo caused by tho dovolopmont. 21.81.050 Duties of housing and redevelopment diroctor—Exemptions—Emergency permits. (a) After tho application has been accepted as complete the director shall determine if tho projoct is exompt from the requiromonts ofthis chaptor pursuant to Soction 21.81.030. No permit shall be required for a project which is exempt from the requirements of this chapter. The diroctor shall maintain a record of all determinations mado on projocts oxomptfrom tho requirements ofthis chaptor. Tho records shall includo tho applicant's namo, an indication that tho projoct is located in the coastal zono, the location of the project, and a brief description ofthe projoct. The record shall also includo the reason for exemption. Tho diroctor shall determine the exemption based on tho certified local coastal program, including maps, categorical exclusions and othor exemptions, land use designations and zoning ordinances. Tho director shall inform the applicant whether the projoct is exempt (and whether in the "appealable area," if not exempt) within ten calendar days ofthe determination that the application is complete. The writton notice to tho applicant shall includo advice that, if dissatisfied with tho dotormination, tho applicant (or diroctor) can request the opinion ofthe Coastal Commission's executivo diroctor in accordanco with 11 Codo ofCalifornia Regulations Section 13569. (fe) Tho diroctor may issue emorgoncy permits in accordance with Soction 21.81.150 21.81.055 Administrative coastal dovolopmont permits. (a) The director may issue all coastal developmont permits related to administrativo village review permits and administrativo variancos as defined in Sections 21.35.070 and 21.35.090(o) ofthis codo. Tho coastal dovolopmont pormit shall bo processed concurrently with tho administrativo village review permit. If the project includes permits or other discretionary approvals outsido tho director's administrativo pormit authority, the administrative permit aspects shall be consolidatod with tho other matters and submitted to tho plonning commission in accordanco with Soction 21.81.060 (fe) If tho projoct is in tho non appoalablo aroa of tho coastal zono, tho diroctor shall givo notico of ponding development approval in writing, within ten calondar days afterthe application is complete, as follows: (4)-—Contents. Tho notico shall include all tho matters roquirod by 11 Codo of California Regulations Section 13568 (b), induding statement ofa public commont period of at Page 130 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) loast ten calendar days sufficient to receive and consider comments submitted by mail prior to tho dato established for tho docision. (2) Rocipionts. Tho notice shall be sent by first class mail to: (A) Any person requesting to be on the mailing list for the project or for coastal decisions; and projoct perimeter; and (8) All proporty ownors and residents within ono hundred foot of tho (G) Tho Coastal Commission. (G) The director may approve, approve with conditions, or deny tho permit. Tho docision shall bo basod upon tho roquiroments of, and shall includo spocific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 ofthe Coastal AGt)r (d) Tho diroctor's decision shall be the final local action and shall be made in writing. The date ofthe decision shall bo tho dato the writing containing the decision or determination is mailed or othorwiso delivered to tho person or persons affoctod by tho docision or determination. Tho director shall givo notico ofthe final local docision in accordanco with Soction 21.81.120 ofthis codo. (e) The effective date of the director's decision and the method for appeal of such docision shall bo governed by Soction 21.51.110 ofthis code. The director shall give notice of final local decision on tho appeal in accordanco with Soction 21.81.120 (^ If the project is within tho appealable area of the coastal zone, the director shall givo notice of a public hearing to bo held before the director to consider said application in accordanco with Soction 21.81.100. Tho notico shall contain tho matters and bo mailed at tho timo and in the manner roquirod by 14 CCR Soction 13565. Tho diroctor shall conduct the public hearing generally in the same manner as a public hearing before the planning commission. Following tho publio hearing boforo tho diroctor, tho diroctor shall issue a written notico ofthe docision in tho samo manner and to the same persons as for a non appoalablo aroa decision set forth in subsections (o) and (d) ofthis section. The diroctor's decision may be appoalod in writing to the planning commission in the same manner as for non-appealable area docision sot forth in subsection (e) ofthis section. Tho diroctor shall givo notice of the final local docision in accordanco with Soction 21.81.120. (§) If tho projoct doos not qualify for an exemption, an administrativo pormit or an omorgency pormit thon the director shall sot tho matter for a public hearing before the planning commission. The coastal permit may be set for hearing concurrentiy with any othor discretionary pormit or approval for tho project. 21.81.060— Transmittal to planning commission. Page 131 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Unless the development is exempt qualifies for an emergency permit, or qualifies for an administrative villago reviow/coastal devolopment permit, tho diroctor shall transmit the application, togothor with a recommendation thoroon, to tho planning commission and give notice for public hearing thereon in accordance with Sections 21.51.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary pormit or approval required for the project. 21.81.070 Planning commission action. After a public hearing the planning commission may approve, conditionally approvo or dony tho application, unless tho application inciudos a major villago roviow pormit. Ifthe application inciudos a major villago roviow permit tho commission's action shall be a recommendation to the city council. No recommendation for approval, approval or conditional approval shall bo given unless tho planning commission finds that the dovolopment is consistent with the provisions of the local coastal program for the coastal zono and, if applicable, in conformity with the public access and public recreation policies of Chapter 3 ofthe California Coastal Act. 21.81.080 Effective date of order—Appeal of planning commission decision. (a)— The offoctivo date of the planning commission's docision and tho method for appeal of such docision shall bo govornod by Soction 21.54.150 of this code. (fe) The decision ofthe city council shall be consistentwith tho provisions ofthis chapter and shall be supported by appropriate findings. (G) Ifthe dovolopmont for which a coastal dovolopmont pormit also requires othor discretionary permits or approvals for which tho planning commission is not givon final approval authority, then the planning commission action on the coastal dovolopment permit shall be doomed a recommendation to the city council. 21.81.090 City council action. If the application for tho coastal dovolopmont pormit is for a major village roviow/coastal developmont, is consolidated with other discretionary permits or approvals, pursuant to this codo for which the planning commission doos not have final approval authority, or is a timely appeal, tho city council shall hold a public hearing on tho coastal dovolopmont permit application. Atthe public hearing, the city council shall consider the planning commission's action or recommendation, shall consider the evidence presented atthe public hearing, review tho mattor, and shall approve, conditionally approvo or disapprove tho coastal devolopmont pormit, approval or appeal. No approval or conditional approval shall bo givon unless tho city council finds that tho development is consistont with tho provisions of tho Carisbad villago master plan and dosign manual as oortifiod by tho Coastal Commission and which constituto tho local coastal program, and, if applicable, with the public access and recreation policies of Chapter 3 ofthe Coastal Act. The decision ofthe city council is final. Page 132 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.81.100 Public hearings. Whonovor a public hearing is required by this chapter, notice ofthe hearing shall bo givon as providod in Soctions 21.54.060(1) and 21.51.061 ofthis code. Whon tho hearing on a coastal development permit is consolidated with the hearing on a tentativo map, notice shall satisfy the requirements of both this chapter and Titie 20 of this code. 21.81.110 Appeals to Coastal Commission. (a) The following developments, due to their type or location, are within the appeal jurisdiction ofthe Coastal Commission. Only decisions approving a coastal developmont permit for thoso dovolopmonts aro appoalablo to tho Coastal Commission, unless othorwiso notod. Exhaustion of all local appeals must occur boforo an application may be appoalod to tho commission. Areas subjoct to appeal jurisdiction aro shown on tho post LCP certification map which is on filo in the planning dopartmont (4)— Developments on proporty located betweon tho sea and the first public road paralloling tho soa or within throo hundred foot of tho inland extent of any boach or ofthe moan high tide ofthe soa whoro there is no boach, whichever is tho groator distance. (2) Developments on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetiand. estuary or stream. (3) Any docision approving or denying a developmont which constitutes a major public works project or a major energy facility. (fe) The appeal shall bo filod at the local district office not lator than twenty working days aftor tho dato ofthe receipt of tho noticed final local action by that district office. No city pormit shall bo issuod or doomed approved until an appeal, if any. to tho Coastal Commission has been resolved. (G) Non-appoalablo Dovolopmont. Decisions on applications for dovolopmonts which are not of tho typo described above are not appoalablo to the Coastal Commission. Decisions denying any Coastal Act permit for an appealiable development described above are not appoalablo to tho Coastal Commission with tho oxcoption of decisions on major publio works projects and major energy facilities. 21.81.115— Coastal development permits issuod by tho Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal developmont permits for developmont on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" ofthe Coastal Commission pursuant to Public Rosourcos Codo Soction 30519(b), and aro shown on tho post LCP certification map whioh is on filo in tho planning dopartmont Tho applicant for any projoct which requires a coastal development permit issued by the Coastal Commission shall obtain discretionary approvals required by this code priorto filing an application with the Coastal Commission for said coastal development permit. Page 133 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.81.120 Notico of final local action. Within sovon working days of a final local action on an application for any coastal dovolopmont, or any approval which occurs by operation of law, the diroctor shall provido notico of the action by first class mail to the Coastal Commission and to any persons who specifically requested notico of such final action by submitting an addressed, stamped envelope to the city. Such notice shall includo any conditions of approval and written findings and, ifthe matter is appoalablo to tho Coastal Commission, procoduros for appeal ofthe local action to tho Coastal Commission. 21.81.130 Effoctivo date of permit. Coastal dovolopmont permits for projects which aro not appealable to tho Coastal Commission shall be valid upon tho mailing of tho notico of final local action unless tho notico of final local action doos not comply with tho roquiromonts of Soction 21.81.120. Coastal development permits for projects which are appealable to the Coastal Commission shall be valid upon the expiration of twenty working days from tho dato of receipt at the local district office of tho notico of final local action providod that tho notico complies with tho roquiromonts of Soction 21.81.120 and, further providod, that an appeal ofthe docision has not boon filod with tho Coastal Commission. 21.81.140 Roviow of recorded documents. (a) All coastal dovolopment permits subjoct to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on roal proporty shall not bo effective until completion of the following procedures: (4) The city coundl shall roviow, revise if nocossary, and accept the easement or land; (2) The city clerk shall record the requisite legal documents; (3) The city clerk, upon recordation ofthe documonts, shall forward a copy of the permit conditions, findings of approval, the legal documonts pertaining to the public access and opon space conditions, and a statement as to which privato association, public agoncy or city department shall be responsible for the operation and maintenance of tho accessway or opon space/conservation aroa, to tho executive director ofthe coastal commission. (fe) All coastal development permits subject to oonditions of approval pertaining to public access and opon space or conservation easements shall be subject to roview and approval by the executive director ofthe coastal commission. (4) Upon completion of permit roviow by tho city and prior to the issuance of tho pormit, tho city shall forward a copy of the pormit conditions and findings of approval and copies ofthe legal documents to the executive director of tho Coastal Commission for review and approval of the legal adequacy and consistency with tho requirements of potential accepting agoncios; Page 134 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) The executive diroctor of the Coastal Commission shall havo fiftoon working days from receipt ofthe documents in which to completo tho roview and notify the applicant of recommended revisions if any; (3) The city may issue the permit upon expiration of the fifteen working day period if notification of inadequacy has not been received by the city within that time period; and (4) If tho executivo diroctor has rocommondod revision to the applicant, tho pormit shall not bo issuod until tho doficioncios have boon resolved to tho satisfaction of tho exocutive director. 21.81.150 Application for omorgoncy permits. (a) Applications in caso of emergency shall be mado by letter to the planning diroctor or in porson or by tolophono, if timo doos not allow. Emorgoncy moans a sudden, unoxpootod occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or ossontial public services. (fe) Tho following information shall bo includod in tho request (4^ Nature of the omorgoncy; (2) Cause ofthe omorgency, insofar as this can bo ostablishod; (3) Location ofthe emergency; (4) Tho remedial, protective or provontivo work roquirod to deal with tho emergency; and (§) Tho circumstances during tho emergency that appeared to justify tho cause(s) of action taken, including the probable consequences of failing to take action. (G) Tho diroctor shall verify tho facts, including tho oxistonco and the nature of tho emergency, insofar as timo allows. (d) The director shall provide public notice of the emergency work, with the extent and typo of notico dotorminod on tho basis of tho nature of tho omorgoncy. (e) The director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if tho diroctor finds that: (4^ An emergency exists that requires action more quickly than pormittod by tho procedures for administrativo permits or for regular permits and tho work can and will bo completed within thirty days unless otherwise spocifiod by the terms ofthe permit; (2) Public commont on the proposod omorgoncy action has boon reviewed, if timo allows; and Page 135 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (3) The work proposed would be consistent with tho roquiromonts of the certified land uso plan. (f) The director shall report, in writing, to the city council, at its first scheduled meeting after the emorgoncy permit has been issued, tho nature of the emergency and the work involved. Copies ofthis report shall bo available at the meeting and shall be mailed to all persons who havo requested such notification in writing. Tho report ofthe director shall be informational only; tho docision to issue an omorgoncy pormit is solely at the discretion of tho diroctor subjoct to tho provisions of this chaptor. (§) Any request for an omorgoncy permit within the Coastal Commission area of original jurisdiction as dofinod in Soction 21.81.115 shall bo referred to the Coastal Commission for roviow and issuance. 21.81.160 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any othor permit or approval roquirod for tho projoct, including any oxtonsion granted for othor permits or approvals, but in no ovont shall this poriod exceed fivo years without oxtonsion of timo, if a building permit has not been issued for the project. Should the project require no permits or approvals other than a coastal developmont pormit, the coastal dovolopmont pormit shall expire one yoar from its dato of approval if a building pormit has not boon issuod for tho project during that timo. Not more than ninety or loss than forty-five days prior to the expiration of a coastal development permit the permittee may apply to the planning commission for an extension ofthe pormit. Tho application for an extension shall be processed pursuant to tho provisions of Soctions 21.81.070. 21.81.100 and 21.81.110 ofthis chapter. An oxtonsion shall bo approved only if it is found that there has boon no change of circumstances in relation to coastal resources since tho original granting ofthe permit If the planning commission finds that there has been a change of circumstances in relation to coastal resourcos since the original granting of tho pormit tho application for tho oxtonsion shall bo doniod or conditionally approved. Tho docision of tho planning commission may bo appealed pursuant to tho provisions of Section 21.81.080. If a complete application for an oxtonsion has boon timely filed, the planning commission or tho city council on appeal may grant tho oxtonsion after tho expiration dato provided that the final decision is made not latorthan forty-five days afterthe expiration date. 21.81.165 Amendment to coastal devolopmont pormit. An amendment to a coastal development permit issued by the city shall bo processed in tho samo manner as an original application for a coastal development permit. Page 136 P70 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.83 CHILD CARE List of Sections in Chapter 21.83 21.83.010 Purpose 21.83.020 Definitions 21.83.030 Exdusions 21.83.040 Use chart 21.83.050 Requirements for large family day care homes 21.83.060 Child day care centers in the P-M and C-M zones 21.83.070 Child day caro contors by administrativo permitReserved 21.83.080 Development standards for child day care centers Section 21.83.040 through 21.83.070 21.83.040 Use Chart The following use chart indicates the zones where small and large family day care homes and child day care centers are permitted, subject to the requirements ofthis chapter. "pii "LDCP" indicates that the use is permitted in the zone. indicates that the use is permitted subiect to approval of a large familv dav care permit, processed in accordance with Section 21.83.050 of this chapter. indicates that the use is permitted subject to approval of an administrativo eeffmta minor conditional use permit (process one) processed in accordance with Chapter 21.42 of this titie. indicates that the use is permitted subject to approval of a conditional use permit (process two) processed in accordance with Chapter 21.42 of this titie. indicates that the use is prohibited in the zone. "AMCUP" "CUP" Zoning Small Family Day Care Home (8 or fewer children) Large Family Day Care Home (14 or fewer children) Child Day Care Center RA, R-E, EA P LDCPP(I) X R-1 P LDCPP(I) X R-2 P LDCPP(I) X R-3, RD-M, R-P P LDCP P(1) AMCUP(2)(3) R-T, R-W, RMHP P LDCP P(1) X 0 X X AMCUP(2)(3) H-0 X X P(32) C-F X X AMCUPf2)(3) C-1, C-2, Czl X X P(32) P-M, C-M X X CUP(5) M, P-U, 0;S, L-C, T-C, C-T X X X VzR, PiC (4) LDCP(1)(4) (2)(3)(4) Page 137 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Permitted only when the large family day care home is located on a lot occupied by a detached, single-family dwelling^ by ministerial approval without a public hearing and subject to the provisions of Section 21.83.050 ofthis chapter. chapter. Permitted subject to the provisions of Sections 21.83.070 and 21.83.080 of this ST Permitted subjoct to tho provisions of Soction 21.83.080 ofthis chapter and tho requirements of any controlling document (e.g.. site devolopment plan). 3. Child dav care centers are allowed as a permitted use (no conditional use permit or minor conditional use permit required) within existing buildings on developed church or school sites, subiect to the provisions of Section 21.83.080 of this chapter. 4. Permitted subject to the standards of the controlling document (Carisbad Village Master Plan and Design Manual or designated master plan) and the provisions of Soction 21.83.080 ofthis chapter. 5. Permitted subiect to the provisions of Section 21.83.060 and 21.83.080 of this chapter. 21.83.050 Requirements for large family day care homes All large family day care homos shall comply with tho following dovolopmont requirements: A. The applicant shall obtain all licenses and permits required by state law for operation ofthe facility and shall keep all state licenses or permits valid and current. B. Large familv dav care permit. No large familv day care home shall operate without first obtaining a large familv dav care permit issued bv the citv. 1. Application and fee. a. An application for a large family dav care permit mav be made by the owner ofthe propertv affected or the authorized agent ofthe owner. The application shall: L Be made in writing on a form provided bv the citv planner: ii. State fullv the circumstances and conditions relied upon as grounds forthe application: and iii. Be accompanied bv adeguate plans, a legal description of the propertv involved and all other materials as specified bv the citv planner. iv. Applicants who reside on rented or leased propertv shall provide proof of written notice to the landlord or owner of the propertv that thev intend to operate a familv day care home on the rented or leased premises in accordance with Section 1597.40 of the California Health and Safety Code. Page 138 ^7^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted bv the citv council. 2. Decision-making authoritv. a. The citv planner shall approve the large familv dav care permit if the citv planner finds that the reguest complies with the requirements of this section. 3. Announcement of decision and findings of fact. a. When a decision on a large familv dav care permit is made pursuant to this chapter, the decision-making bodv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. 4. Effective date and appeals. a. The decision of the citv planner made pursuant to this section shall become effective or mav be appealed in accordance with Section 21.54.140 ofthis titie. 5. Expiration, extensions and amendments. a. The expiration period for a large familv dav care permit shall be as specified in Section 21.58.030 ofthis title. b. A large familv dav care permit mav be extended pursuant to Section 21.58.040 of this title. c. A large familv dav care permit mav be amended pursuant to Section 21.58.124 ofthis title. B.Applicants who reside on rented or leased property shall provido proof of written notico to tho landlord or ownor of tho proporty that thoy intend to oporato a family day caro homo on tho rented or leased premises in accord with Soction 1597.10 ofthe California Hoalth and Safety Code. C. Development Standards. 1^ The facility shall comply with all zoning standards otherwise applicable to other single-family residences, however, the use of a detached, single-family dwelling for the purposes ofthis section shall not constitute a change of occupancy for purposes of Titie 18 of this code. 02. The facility shall comply with all standards relating to fire and life safety applicable to single-family residences established by the State Fire Marshal contained in Title 24 of the California Code of Regulations as amended from time to time. 83. The subject site shall not be located closer than one thousand two hundred lineal feet from any other large family day care home on the same street. Page 139 PT3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) P4iT An outdoor play area which satisfies the requirements of the state, community care licensing division shall be provided in the rear yard and shall be enclosed by a natural barrier, wall, solid fence, or other solid structure a minimum of five feet in height. The provider shall ensure that outdoor play times do not begin until after nine a.m. and end before five p.m. The provider shall stagger the number of children playing outdoors at any one time to reduce noise impacts on surrounding residences. G5. All outdoor play areas shall be adequately separated from vehicular circulation and parking areas by a strong fence such as chain link, wood or masonry. 146. Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two of the applicant's onsite vehicles during the daily operation of the day care home rather than parking the vehicles on the street or in the driveway. 17. The applicant shall designate the onsite driveway as the official drop-off and pick-up area for children and shall notify parents of this requirement. Said driveway shall remain free and clear of parked cars. 8.J7 The applicant shall require that employees park in locations which will not inconvenience nearby residents. To disrupt the neighborhood as little as possible, best efforts shall be made by the applicant to require employees to park as close as possible to the family day care home. Kr Large family day care home providers shall mako writton application to tho director and shall includo all materials doomed nocossary by tho diroctor to show that tho requirements of this section are met. The director shall grant the permit without a hearing if all the requirements of this soction are satisfied. The decision of the director shall be made within fifteen working days of tho receipt of a comploto application and providod to tho applicant in writing. The offoctivo date of tho docision ofthe diroctor and tho method for appeal of such docision shall bo in accordanco to tho procoduros sot forth in Section 21.51.110 ofthis titio. 21.83.060 Child day care centers in the P-M and C-M zones A Child day caro contors are pormittod in accordance with Soction 21.83.040 subjoct to tho following limitations: 4A. Child dav care centers are permitted tin the P-M and C;M zonesy with a conditional use permit (process two) processed in accordance with Chapter 21.42 of this titie. and subiect to Section 21.83.080 of this chapter and subjoct to the following provisions: (a)1_, The applicant shall conduct an evaluation of the health and safety risks associated with the proposed child day care center. The evaluation shall include a survey of all businesses within one thousand feet ofthe proposed child day care center to determine the nature and quantity of hazardous materials in use nearby. Ifthe conditional use permit is granted, thereafter, the provider shall conduct similar annual evaluations and disclose results to the fire chief and city planner. The evaluations must demonstrate to the satisfaction of the fire chief and city planner that the occurrence of the following within one thousand feet of the child care center presents no significant health or safety risks to the occupants: (4)a. Use or storage of acutely hazardous materials in amounts above the threshold planning quantities (TPQs); Page 140 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2) b. Use or storage of more than ten thousand gallons of fiammable liquids; or (3) a Use or storage of more than one thousand five hundred pounds of fiammable compressed gas. (fe)2. Prior to enrollment of the child in the child day care center, the provider shall, in writing, inform the child's parents that their child(ren) may be subject to health and safety risks due to the presence, use and discharge of hazardous materials (including acutely hazardous materials above the TPQs) in the area. Parents shall also be informed that the provider may be required to retain custody of their children for extended time periods during an emergency. (G)3. Prior to occupancy, the provider shall prepare and obtain approval by the fire chief of an emergency operating plan which prescribes procedures to be followed during the existence ofthe child day care center which ensure the following: (4) a. That children can be evacuated from the building within five minutes and relocated to a predetermined refuge area(s) within ten minutes of emergency notification; and (2)b. Quarterly exercise of the plan. (d) 4. The applicant shall enter into an agreement with the city to discontinue operation of the child day care center immediately upon the discovery of the existence of hazardous materials as described in Section 21.83.060A^1.,(a) above when such materials are found by the fire chief and city planner to present a health and safety risk to children attending the child day care center. The applicant shall have ninety days to mitigate, to the satisfaction of the fire chief, the impacts created by the use of said hazardous materials. If impacts are not mitigated within ninety days, the conditional use permit for the child day care center shall become null and void. The applicant shall agree to indemnify and hold the city and its officers, employees, and agents free and harmless from any claims, actions, damages, costs, or expenses arising from exposure of children to hazardous substances as a result of the presence of the former in or near the child day care center. The fire chief or city planner are authorized to enter into the agreement on behalf of the city. (e) 5. The applicant shall submit a conversion plan at the time of application which demonstrates to the satisfaction of the city planner and the fire chief that the child day care center could be converted to a use permitted within the zone ifthe conditional use as a child day care center is discontinued. (f) 6i Upon acceptance of a complete application and payment of the required fees, the city planner shall process the application in accordance with Chapter 21.524 ofthis title except that notices shall be given to all property owners within one thousand feet of the subject property. 2r. As a permitted use within existing buildings on dovolopod church or school sites, except in industrial zonos, and subjoct to the provisions of Soction 21.83.090 ofthis chaptor. S: In the R-3, RD-M, RP and O zones, with an administrative pormit, subjoct to tho provisions of Sections 21.83.070 and 21.83.080 ofthis chaptor. Page 141 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4-. In the HO, 0 1 and G-2 zonos, as a permitted uso subject to tho provisions of Soction 21.83.080 ofthis chapter. 21.83.070 ReservedChild dav caro contors bv administrativo permit. Child day care centers may be approved by administrative permit in zones specified therefore in Section 21.83.010 of this chapter. The owner of the subjoct proporty shall make written application to tho diroctor. Such application shall indude all materials doomed nocossary by tho diroctor to show that tho roquiromonts of Section 21.83.080 of this chaptor aro mot. If tho sito is in tho coastal zono. tho application shall also constitute an application for a coastal devolopmont permit. A Tho diroctor shall give writton notice to all proporty ownors within throo hundred foot of the subject property of ponding dovolopment docision after tho application is complete, at least fiftoon working days prior to the docision on tho application as follows: 4: Contents: Tho notico shall include all requirements of Section 21.51.061 ofthis codo, including a notioo of a public commont poriod of at least fiftoon working days sufficient to rocoivo and considor comments submitted by mail prior to tho dato ostablishod forthe docision. The notioe shall also includo a statement that a public hearing shall bo held upon request by any person and a statement that failure by a porson to roquost a public hearing may result in tho loss of that person's ability to appeal approval of tho administrativo pormit by tho diroctor to tho planning commission. 8: Tho diroctor may approve, approve with conditions, or deny tho pormit. Tho diroctor may waive a public hearing on an administrative permit if notico has been provided in accordanco with subsection (A)(1) ofthis soction and a request for a public hearing has not boon rocoivod by tho dty within fiftoon working days from the date of sending tho notico. If a roquost for a public hearing is rocoivod, a public hearing boforo tho diroctor shall bo hold in tho samo manner as a planning commission hearing. In either ovont the diroctor's decision shall be based upon tho roquiromonts of, and shall include, specific factual findings supporting whether tho projoct is or is not in conformity with tho roquiromonts of Soction 21.83.080 ofthis chapter. Tho diroctor's docision shall bo mado in writing. Ifthe mattor inciudos a coastal dovolopmont permit unless the decision is appealed to the planning commission, tho director shall provide a notice of final action in accordanco with Soctions 21.201.160 and 21.201.170 ofthis codo. in addition to tho director's written decision. Q-. The effective dato of tho diroctor's docision and tho method for appeal of such docision shall be in accordance with the procedures sot forth in Section 21.51.140 ofthis titie. Ifthe matter includes a coastal dovolopment permit the diroctor shall givo notice of final action on tho appeal in accordanco with Soctions 21.201.160 and 21.201.170 of this titio. Page 142 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.84 HOUSING FOR SENIOR CITIZENS Section 21.84.040 21.84.040 Use table .Housing for senior citizens is permitted subject to the approval of a minor site development plan (MSDP) or site development plan (SDP) in certain zones as indicated in the following table: Table A Zone Housing for Senior Citizens R-3 MSDP/SDP^ R-P MSDP/SDP'- ^ R-T MSDP/SDP^ R-W MSDP/SDP^ RD-M MSDP/SDP^ V-R See note 3. below P-C See note 3, below Note: Housing for Senior Citizens is prohibited in those zones not indicated. Housinq for senior citizens with four units or less shall be subiect to the approval of a minor site development plan, and housing for senior citizens with five units or more shall be subiect to the approval of a site development plan. ^The city may approve a minor site development plan or 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 - Carisbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. Section 21.84.080 and 21.84.090 21.84.080 Application process A. Preliminary Review Application. A preliminary review application may be submitted prior to the submittal of a formal application (note - if the project includes a request for a density bonus, a preliminary review application is required). 1, The preliminary review application shall include the following information: a. A brief description of the proposal including the total number of senior units, density bonus units and affordable senior units proposed; b. The general plan and zoning designations and assessor's parcel number(s) of the project site; Page 143 ^1 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing contours and proposed grading; and d. A letter identifying what specific incentives (i.e., density bonus, standards modifications or financial incentives) are being requested of the city, if any. 2. After review of the preliminary application, the planning division shall provide to an applicant a letter identifying project issues of concern to staff, and the incentives or assistance that the city planner can support when making a recommendation to the final decision-making authority. B. Formal Application. Except as otherwise provided in this chapter. Aa minor site development plan or site development plan for proposal to devolop housing for senior citizens shall be processed in accordance with the provisions of Chapter 21.06 of this titleunder a sito dovolopmont plan (SDP) application in addition to any othorwiso roquirod application(s) (i.e., tentative maps, parcel maps, planned unit developments, etc.). Tho sito development plan application shall bo processed according to the provisions of Chaptor 21.06 of this codo, excluding Section 21.06.020^-(fe). The findings for approval of a minor site development plan or site development plan for housing for senior citizens are specified in Section 21.84.0S90 of this chapter. 1. In addition to the application requirements specified in Chapter 21.06. Aa minor site development plan or site development plan application for housinq for senior citizens complotod application shall include the following information: dh A legal description of the total site proposed for devolopment including a statement of present ownership and present and proposod zoning; fea. If a density bonus or other incentives are requested, a letter shall be submitted signed by the present owner stating how the project will comply with Government Code Section 65915 and stating what is being requested from the city, (i.e., density bonus, modification of development standards or other additional incentives); e^ Site plans and othor supporting plans (i.e.. a landscape plan, building elevations and floor plans) as per tho city's application submittal requirements; db. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation center, medical facilities or other related uses and services likely to be patronized by senior citizens; ec. A set of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doorways, hallways, closets and cabinets; ^. A floor plan of the first floor or other fioor showing any common areas and accommodations; §e. A monitoring and maintenance plan; and h-. Any additional information required as perthe city's application submittal requirements. Page 144 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. The decision-making authoritv for the minor site development plan or site development plan shall be as specified in Chapter 21.06 of this title, unless tf-the project involves a request for financial incentives from the citv. If financial incentives are reguested. the citv council shall have the authoritv to approve, conditionallv approve or denv: then any docision on such a request shall bo made by tho city council upon rocommondation from the housing commission. In addition, ifthe project involves a request for financial incentives then tho city council shall havo tho authority to mako the final docision on tho sito development plan and othor rolatod dovolopmont applications (i.e., tontativo maps, parcol maps, planned unit developments, etc.), aftor considoration of a recommendation from tho planning commission. a. The minor site development plan or site development plan, upon a recommendation from the planninq commission, and b. The reguest for financial incentives, upon a recommendation from the housing commission. C.Sr Building permit. At the time of plan submittal for building permits, in addition to other reguired information, the applicant shall submit a set of detailed drawings for kitchens and bathrooms indicating counter and cabinet heights and depth, type of pulls, faucets, grab-bars, tub and/or shower dimensions, and handicapped turn space where appropriate. 21.84.090 Findings for approval A. A minor site development plan or site development plan for housing for senior citizens shall be approved only if the following findings are made: 1. The project is consistent with the various goals, objectives, policies and programs ofthe general plan, the provisions of municipal code titie 21 (zoning ordinance), the local coastal program (if applicable), and/or the provisions of an applicable master or specific plan; 2. The project site is adequate in size and shape to accommodate the proposed project; 3. The project is properiy related to and will not adversely impact the site, surroundings and environmental settings, and will not be detrimental to existing uses specifically permitted in the area in which the proposed project is to be located; 4. The project shall not result in density or design that is incompatible with other land uses in the immediate vicinity, and the project will provide and maintain all yards, setbacks, walls, fences, landscaping, and other features determined necessary to provide compatibility with existing or permitted future uses in the neighborhood; 5. The street system serving the proposed project is adequate to properly handle all traffic generated by the project and 6. The request for a density bonus and/or additional incentive(s) is consistent with the provisions of Chapter 21.86 of this code. (This finding shall only apply to projects requesting a density bonus and/or additional incentives). Page 145 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.90 GROWTH MANAGMENT I Section 21.90.050(cj^ (c) The amount of the fee for a local facilities management zone shall be set by city council resolution after a public hearing, published notice of which shall be given according to Section 21.54.060(A2) and Government Code Section 54992. Section 21.90.100(c) (c) The zones shall be established by resolution after a public hearing notice of which is given pursuant to Section 21.54.060(A2) of this code. Section 21.90.125(a) (a) Facilities management plans shall be reviewed according to the following procedure: (1) A completed facilities management plan complying with this chapter, and accompanied by a processing fee submitted to the planning director for processing. Ifthe planning director determines that the plan complies with the provisions of Section 21.90.110 the director shall set a facilities management plan for public hearing before the planning commission within sixty days of receipt of a complete application. (2) The hearing shall be noticed according to the provisions of Section 21.54.060(A2). A staff report containing recommendation on the plan shall be prepared and furnished to the public, the applicant, and the planning commission priorto the hearing. (3) The planning commission shall hear and consider the application for a facilities management plan and shall by resolution prepare recommendations and findings for the city council. The action ofthe commission shall be filed with the city clerk, and a copy shall be mailed to the owners within the facility zone. (4) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of Section 21.54.060-(A2). (5) The city council shall hear the matter, and after considering the findings and recommendations ofthe planning commission, may approve, conditionally approve or deny a facilities management plan. The city council may include in the resolution adopting the facilities management plan any fees or facilities improvement requirements which it deems necessary to impose on development projects within the zone in order to implement the city- wide facilities and improvement plan and the local facilities management plan. AMENDMENTS TO CHAPTER 21.95 Page 146 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) HILLSIDE DEVELOPMENT REGULATIONS List of Sections in Chapter 21.95 21.95.010 Purpose and intent 21.95.020 Definitions. 21.95.030 Applicability of minor hillside development permit and hillside development permit 21.95.040 Exemptions from minor hillside development permit and hillside development permit 21.95.050 Amondmonts to hillside dovolopmont permitsApplication and fees 21.95.060 ApplicationNotices and hearings 21.95.070 Review procossDecision-making authoritv 21.95.080 Appeals 21.95.0980 Required findings 21.95.090 Announcement of decision and findings of fact 21.95.100 Effective date and appeals 21.95.110 Expiration, extensions and amendments 21.95.1020 Minimum development of hillside lands 21.95.1430 Hillside mapping procedures 21.95.1240 Hillside development and design standards 21.95.430-150 Exdusions 21.95.440-160 Modifications to the development and design standards. Section 21.95.030 through 21.95.160 21.95.030 Applicability of minor hillside development permit and hillside development permit A. Unless exempt pursuant to Section 21.95.040 of this chapter. Nno person shall grade, or erect, or construct into or on top of a slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet without first obtaining a minor hillside development permit or hillside development permit pursuant to this chapter. B. A minor hillside development permit shall be reguired. except as specified in subsection C of this section. C. A hillside development permit shall be reguired if the permit application is processed concurrentiy with anv other permit(s) for which the Planning Commission or Citv Council is the decision-making authoritv. B.Any application for a hillsldo dovolopmont pormit which was doomed comploto prior to tho offoctivo dato ofthe ordinance roonacting this chaptor, shall not bo subjoct to tho amended provisions ofthis chaptor but shall bo prooossod and approvod or disapproved pursuant to the ordinance superseded by tho ordinance codifiod in this chaptor. Page 147 21.95.040 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Exemptions from minor hillside development permit and hillside development permit A. Notwithstanding tho provisions of Soction 21.95.030, tThe following developments are exempt from the reguirement to need not obtain a minor hillside development permit or hillside development permit, provided that the development complies with Section 21.95.1240 ofthis chapter and the city's hillside development and design guidelines: 1 zoned lot; The development of one single-family dwelling unit on a residentially 2. On a single lot the additional development (i.e.; regrading, slope alteration or building encroachment) of or upon any manufactured slope with a gradient of forty percent or greater and an elevational difference (height) of fifteen feet or greater which has been previously graded consistent with an authorized grading permit; 3. The development (trenching, utility construction and backfilling) of underground utility systems. B. Any development exempted by 21.95.040(A) above, which does not comply with Section 21.95.1240 and the city's hillside development guidelines, must submit an application for a hillside development permit or hillside development permit amendment in order to obtain an exclusion from or modification to the development and design standards pursuant to this chapter.G: Any projoct that has rocoivod final approval ofa hillside dovolopmont pormit prior to the effective date of the ordinance codified in this chaptor is exempted from the provisions of this chapter, provided that such permit or approval has not expired or is not otherwise revoked, and tho development is in accordanco with tho existing hillside dovolopmont pormit and related approvals. 21.95.050 Amendments to hillside development permitsApplication and fees A. An application for a minor hillside development permit or hillside development permit mav be made bv the owner of the propertv affected or the authorized agent of the owner. The application shall: 1, Be made in writing on a form provided by the citv planner: 2. State fullv the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied by: a. A legal description of the propertv involved. b. Adeguate plans that allow for detailed review pursuant to this chapter and demonstrate compliance with the hillside mapping procedures in Section 21.95.130. All other materials as specified bv the citv planner. Page 148 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TOTHE ZONING ORDINANCE (TITLE 21) B. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. A An amondmont to a hillside development pormit shall be processed in tho samo manner as an original application for a hillside devolopmont permit. 8^ Unless exempted by Section 21.95.010, a hillside developmont pormit amondmont shall bo required for any portion of a projoct which has a hillside dovolopmont pormit that is proposod for redesign and othorwiso requires a hillside dovolopmont pormit por Section 21.95.030. 21.95.060 Application. Application for a hillside developmont pormit shall bo made in accordanco with tho procedures set forth in this soction. A— An application for a hillside devolopmont permit may bo mado by tho record owner or owners of tho proporty affected or the authorized agent of the owner or owners. Tho application shall bo filed with the planning director upon forms provided by the director. The application shall bo acoompaniod by adoquato plans, which allow for dotailod roviow pursuant to this chaptor and demonstrate compliance with hillside mapping procoduros in Soction 21.95.110, a legal description ofthe property and all othor materials and information spocifiod by the director. 8: At the timo of filing the application, tho applicant shall pay a procossing foo in an amount spocifiod by city council rosolution. 21.95.060 Notices and hearings A. Notice of an application for a minor hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this titie. B. Notice of an application for a hillside development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 ofthis titie. 21.95.070 Decision-making authoritv A. Applications for minor hillside development permits and hillside development permits shall be acted upon in accordance with the following: 1. Minor hillside development permit a. An application for a minor hillside development permit mav be approved, conditionallv approved or denied bv the citv planner based upon his/her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 ofthis title. b. The citv planner mav approve or conditionallv approve the minor hillside development permit if all of the findings of fact in Section 21.95.080 of this chapter are found to exist. Hillside development permit Page 149 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. An application for a hillside development permit mav be approved, conditionallv approved or denied bv the planning commission or citv council, as specified in Section 21.54.040 of this title. b. The decision on a hillside development permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. c. The decision-making authoritv shall hear the matter, and mav approve or conditionallv approve the hillside development permit if all of the findings of fact in Section 21.95.080 ofthis title are found to exist. 21.95.070 Roviow procoss. A Hillside Development Pormit An application for a hillside developmont permit or hillsldo development permit amendment shall be prooossod and approved concun-ently with any othor development permits roquirod by Titios 11, 18, 20 or 21 ofthis codo. Tho samo decision making body or official which has tho authority to finally approvo, conditionally approvo or dony tho other devolopmont permits required for tho project shall have the authority to finally approvo, conditionally approve or deny a hillside development pormit Amondmonts to hillside permits shall bo acted on by tho samo docision making body that approvod tho original hillside pormit and any subsequent hillside permit amondmonts. 8^ Exemptions. Development satisfying tho hillside development permit exemptions, set forth in Section 21.95.040(A), shall bo evaluated for complianco with Section 21.95.120 and the hillside development and design guidelines through required grading plan and/or building plan roviow procossos. 21.95.080 Appeals. A Hillside Dovolopmont Permits. Tho docision ofthe final docision making body or official is final and offectivo ton calondar days aftor tho adoption of tho rosolution or writton decision, unless within such ton-day period tho applicant or any othor interested person files a written appeal utilizing tho same appeal procedure applicablo to tho othor permits which are processed concurrently with the hillside development pormit. If no other discretionary permits are being processed concurrently with tho hillside dovolopmont permit thon tho appeal procoduros containod in Section 21.51.110 shall apply. 8: Decisions regarding hillside developmont permit exemptions, which are reviewed through the grading plan and/or building plan roview processes, may bo appoalod to tho city council utilizing tho samo appeal procoduro applicablo to grading permits and/or building permits. 21.95.090080 Required findings A. No minor hillside development permit or hillside development permit shall be approved unless the decision-making bodv or officialauthority finds that Page 150 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properiy identified; 2. The project complies with the purpose and intent provisions of Section 21.95.010 ofthis chapter; 3. The project complies with Section 21.95.1240 ofthis chapter, and Section 21.95.440-160 if a modification to the development and design standards is approved; 4. The project design substantially conforms to the hillside development guidelines manual. 21.95.090 Announcement of decision and findings of fact A. When a decision on a minor hillside development permit or hillside development permit is made pursuant to this chapter, the decision-makinq bodv shall announce its decision in writinq in accordance with the provisions of Section 21.54.120 ofthis titie. 21.95.100 Effective date and appeals A. Decisions on minor hillside development permits and hillside development permits shall become effective and mav be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 of this title. 21.95.110 Expiration, extensions and amendments A. The expiration period for an approved minor hillside development permit or hillside development permit shall be as specified in Section 21.58.030 ofthis titie. B. The expiration period for an approved minor hillside development permit or hillside development permit mav be extended pursuant to Section 21.58.040 ofthis titie. C. An approved minor hillside development permit or hillside development permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. 1. Unless exempted by Section 21.95.040. an amendment to a minor hillside development permit or hillside development permit shall be reguired for anv portion of a proiect which has a minor hillside development permit or hillside development permit that is proposed for redesign and otherwise reguires a minor hillside development permit or hillside development permit per Section 21.95.030. 21.95.400120 Minimum development of hillside lands The provisions of this chapter shall be applied so as to: A. Not preclude a reasonable use of a legal parcel which includes hillside conditions as regulated by this chapter; B. Not preclude the efficient and safe provision of public facilities or services to any legal parcel; and Page 151 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. Allow development of at least one single-family dwelling unit per parcel described in subsection (A) ofthis section. 21.95.440130 Hillside mapping procedures A slope analysis and slope profiles shall be illustrated on a constraints map, and shall accompany all development submittals which propose grading or development of slopes which have a gradient of fifteen percent or more and have an elevation differential greater than fifteen feet. A. Slope Analysis. The slope analysis shall identify the acreage of all natural and manufactured slopes within each of the following slope categories. 1. 0—less than 15% slopes 2. 15—less than 25% slopes 3. 25—40% slopes and 4. Slopes greater than 40% a5. Percentage of slope is determined by: Vertical Distance (Contour interval) x IQO = % Slope Horizontal Distance (Distance between contour intervals) B. Slope Profiles. A minimum of three slope profiles (slope cross sections) shall be included with the submittal ofthe slope analysis on the constraints map. Slope profiles shall: 1. Be drawn at the same scale and indexed or keyed to the constraints map, grading or preliminary grading plan and project site map; 2. Show both existing and proposed topography, structures and surface infrastructure. Proposed topography, structures and infrastructure shall be drawn with a solid heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line; 3. Include the slope profile for at least one hundred feet outside pf the project site boundary or adjacent public street; 4. Be drawn along those locations of the project site where: a. The greatest alteration of the existing topography is proposed, b. The most intense or bulky development is proposed, and Page 152 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) c. The site is most visible from surrounding land uses; 5. Two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The remaining slope profile shall be roughly at a forty-five degree angle to the other slope profiles and existing contour lines. C. Assurance of Accurate Hillside Mapping. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified, consistentwith this section. D. Development which is exempt per Section 21.95.040 or excluded per Section 21.95.1^50 is generally exempt from the hillside mapping requirements ofthis section except in cases where the city planner determines that hillside mapping is necessary to assess project compliance with the hillside ordinance. 21.95.420140 Hillside development and design standards The provisions of this section shall apply to all projects that propose to grade, erect or construct into or on top of a natural slope or manufactured slope which has a gradient of fifteen percent or more and an elevation differential greater than fifteen feet. A. Coastal Zone Hillside Development Regulations. 1. All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carisbad Municipal Code and the slope protection policies of the applicable local coastal program segment. Additionally, all hillside development processed pursuant to this chapter shall be consistentwith all applicable provisions and policies ofthe certified local coastal program(s) and shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in case of confiict between this section and any other provision of Chapter 21.95, Hillside Development Regulations, this section shall apply. B. Development of Natural Slopes of Over Forty Percent Gradient. 1. Natural slopes which have all of the following characteristics shall be undevelopable: a. A gradient of greater than forty percent; and b. An elevation differential of greater than fifteen feet; and c. A minimum area of ten thousand square feet; and d. The slope comprises a prominent land form feature. 2. Outside the coastal zone, projects which propose the development of natural slopes defined in Section 21.95.1240(B)(1) shall nevertheless be allowed, only ifthe Page 153 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) project qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.430-150 and 21.95.440160, respectively. C. Development of Manufactured Slopes of Over Forty Percent Gradient. 1. Manufactured slopes which have a gradient of greater than forty percent and an elevation differential of greater than fifteen feet shall be subject to the following development standards. a. Development of Uphill Perimeter Slopes. (i) The following types of development on or into an uphill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the toe of slope: (a) Main building(s); (b) Accessory buildings; and (c) Retaining walls. (ii) Decks may be constructed upon an uphill perimeter manufactured slope up to the required building setback(s) of the underiying zone. b. Development of Downhill Perimeter Slopes. (i) For nonresidential projects only, the following types of development over a downhill perimeter manufactured slope shall be limited to a maximum of six vertical feet as measured from the existing grade at the top slope: (a) Decks; and (b) Retaining walls. (ii) Deck surface areas shall be allowed to extend to the same point that a six-foot vertical retaining wall would be permitted. (iii) No main or accessory building may encroach over the top/edge of a Downhill Perimeter Slope. c. The manufactured slope standards, within this section do not apply to manufactured slopes which are not located along perimeter property lines (including intervening manufactured slopes between split level pads which are located on a single lot). D. Volume of Grading. 1. The volume of earth moved for cuts and fills shall be minimized. 2. The relative acceptability of hillside grading volume shall be determined by the following: Page 154 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in acres) Relative Sensitivity of Hillside Grading Volume 0 - 7,999 cubic yards/acre Acceptable 8,000 -10,000 cubic yards/acre Potentially acceptable > 10,000 cubic yards/acre Unacceptable 3. The methodology for determining the volumes of both the cut and fill in cubic yards shall be calculated as follows. A grading and preliminary grading plan shall be prepared and shall include: the cut or fill volumes noted for each particular cut or fill and the total volume of cut and fill for the project. The larger volume of the total cut or total fill volumes divided by the total graded area (in acres) shall equal the volume of hillside grading for the project. 4. Applications proposing grading volumes which are potentially acceptable (eight thousand to ten thousand cubic yards/acre of cut or fill) shall, on the preliminary grading plan, submit for review specific written findings justifying the reasons for the amount of grading, subject to the approval of the city planner and city engineer. 5. Applications proposing grading volumes which are unacceptable (greater than ten thousand cubic yards/acre of cut or fill) shall be allowed only if they qualify as an exclusion or modification pursuant to Sections 21.95.430-150 and 21.95.440-160 ofthis chapter respectively. E. Slope Height 1. Manufactured slopes shall not be greater than forty feet in height. 2. Slope Height Exclusions. See Section 21.95.4^150 of this chapter. F. Contour Grading. 1. All manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded. 2. Contour graded slopes that are developed in nonresidential projects shall be designed to vary slope gradients between fifty percent (2:1 slope ratio) and thirty-three percent (3:1 slope ratio). G. Screening Manufactured Slopes. 1. All manufactured slopes shall be landscaped consistent with the city's landscape manual. H. Hillside and Hilltop Architecture. Page 155 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Hillside and hilltop structures shall be consistent with the architectural guidelines included within the city's hillside development guidelines. I. Slope Edge Building Setbacks (pursuant to this chapter). 1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical building forms which would be visually incompatible with hillside landforms. Notwithstanding the building setback requirements ofthe underlying zone, all main and accessory buildings that are developed on hilltops and/or pads created on downhill perimeter slopes of greater than fifteen feet in height shall be setback so that the building does not intrude into a .7 foot horizontal to one foot vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all buildings which are subject to this slope edge building setback standard, a profile ofthe diagonal plane shall be submitted with all other development application requirements. 2. Building setbacks pursuant to this chapter do not apply to: a. Slopes which are less than fifteen feet in height; b. The intervening slopes of split-level pads which are located on a single lot, but do apply to the edge of slope of the lowest pad; c. Downhill slopes which are located along the sideyards of residential lots; and d. Substandard residential lots where the top/edge of slope setback standards would preclude a reasonable use of the property. 3. If a downhill perimeter slope is regraded (filled) consistent with Section 21.95.1240(C) ofthis chapter, and a vertical retaining structure is used, then the required building setback shall be measured from the edge of slope which existed prior to regrading (filling). 4. Fencing proposed along a slope edge should be of an open design which does not visually extend the height of the slope. Exceptions to this may include, but are not limited to, noise attenuation walls, privacy walls or security walls. J. Roadway Design. 1. Hillside roadway design shall be consistent with the city's hillside development guidelines manual. K. Hillside Drainage. 1. Hillside drainage shall be consistent with the city's hillside development guidelines. Page 156 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.95.4^150 Exclusions A. Outside the coastal zone, the following are excluded from the hillside development and design standards of Section 21.95.1240: 1. Hillside areas where a circulation element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 2. Grading volumes, slope heights and graded areas which are directly associated with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 3. Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of or grading. B. Within the coastal zone, grading for construction of circulation element roadways are exduded from Sections 21.38.141(C)(1)(a) and 21.203-.040(A)(1) ofthe munidpal code. 21.95.440160 Modifications to the development and design standards A. Outside the coastal zone, the decision-making body or official may approve a modification to the hillside development and design standards of Section 21.95.1240 if it finds that the proposed development complies with the purpose and intent provisions of Section 21.95.010 and makes one or more ofthe following findings: 1. The proposed modification will result in significantiy more open space or undisturbed area than would a strict adherence to the requirements of Section 21.95.1240. 2. The proposed modification will result in the development of manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of Section 21.95.420140. 3. The proposed modifications will result in the preservation of natural habitat as required by the city's habitat management plan and the required amount of preservation could not be achieved by strict adherence to the requirements of Section 21.95.1240 of this chapter. B. Any request for a modification to the development and design standards of this chapter shall be accompanied by two preliminary grading plans. One plan shall illustrate how a site would be developed with a strict adherence to the requirements of Section 21.95.1240. The second set shall illustrate the extent and type ofthe requested modification. This plan shall also be accompanied by any other documentation needed by the decision-making body to determine that the proposed modifications will result in a superior project with less adverse environmental impacts. C. If a modification is proposed to allow grading in excess of ten thousand cubic yards/acre of cut or fill, or a manufactured slope in excess of forty feet in height, the applicant shall submit both written and graphic exhibits to justify the proposed grading to the satisfaction ofthe decision-making body or official. In addition, a detailed mitigation and landscaping plan Page 157 cP^I LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) shall be submitted as part ofthe application. This plan shall illustrate the mitigation measures and landscaping utilized to screen the proposed grading. D. Development on land designated for nonresidential development shall comply with all requirements ofthis chapter except Sections 21.95.1240(D) and 21.95.1240(E). Any nonresidential project proposing grading in excess often thousand cubic yards per acre or creating slopes in excess of forty feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction ofthe decision-making body. E. Inside the coastal zone, the decision-making body or official may approve encroachments to slopes of twenty-five percent grade and over in order to preserve natural habitats required by the city's habitat management plan, in accordance with Chapter 21.203 of the municipal code, provided that the required amount of preservation could not be achieved by strict adherence to the requirements of Sections 21.95.1240(A) and (B) of this chapter. AMENDMENTS TO CHAPTER 21.110 FLOODPLAIN MANAGEMENT REGULATIONS I List of Sections in Chapter 21.110 21.110.010 Statutory authorization 21.110.020 Reserved 21.110.030 Statement of purpose 21.110.040 Methods of reducing fiood losses 21.110.050 Definitions 21.110.060 Lands to which this chapter applies 21.110.070 Basis for establishing the areas of special flood hazard 21.110.080 Compliance 21.110.090 Abrogation and greater regulations 21.110.100 Interpretation 21.110.110 Warning and disclaimer of liability 21.110.120 Severability 21.110.130 Special uso pormitDesignation of floodplain administrator 21.110.135—Findings for approval 21.110.140 Designation of floodplain administrator 21.110.150—Duties and responsibilities ofthe floodplain administrator 21.110.150 Special use permit. 21.110.160 Standards of construction 21.110.170 Standards for utilities 21.110.180 Standards for subdivisions 21.110.190 Standards for manufactured homes 20.110.195 Standards for recreational vehicles 21.110.200 Floodways 21.110.210 Coastal high hazard areas 21.110.220 Mudslide (i.e., mudflow) prone areas 21.110.230 Flood-related erosion-prone areas 21.110.210—Appeals 21.110.250—Conditions for variances 21.110.240 Variances Page 158 9^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Section 21.110.050 21.110.050 Definitions .For the purposes of this chapter, the following words and phrases have the meaning respectively ascribed to them by this section: (4) "Appeal" means a request for a roviow of tho floodplain administrator's interpretation of any provision of this chaptor or a roquost for a varianco. (2) 1 "Area of shallow flooding" means a designated AO, AH or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a cleariy defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. (3) 2. "Area of special flood-related erosion hazard" means the area subject to severe flood related erosion losses. The area is designated as zone E on the Flood Insurance Rate Map (FIRM). (4) 3. Area of Special Flood Hazard. See "Special flood hazard area". (§)4. "Area of special mudslide (i.e., mudflow) hazard" means the area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the Flood Insurance Rate Map (FIRM). (§)5i "Base flood" means the flood having a one percent chance of being egualledegualed or exceeded in any given year (also called the one-hundred-year flood). (7) 6. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (8) 7. "Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part ofthe structural support ofthe building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity ofthe building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (A)ai Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and Page 159 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (8)fe, The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. (9)8. "Coastal high hazard area" means the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone VI -30, VE or V. (40)9. "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. 10. "Existinq manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 11.1988. 11. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites bv the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (44412. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas due to: (A)ai The overflow of floodwaters, (8)bi The unusual and rapid accumulation or runoff of surface waters from any source, and/or (G)a The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. (42)13. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (44)14."Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special fiood hazards and the risk premium zones applicable to the community. Page 160 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 444415. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base fiood. (4^16. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See definition of fiooding. (46)17. "Floodplain management" means the operation of an overall program of corrective and preventive measures of reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. (4^18. "Floodplain management regulations" means zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain chapter, grading chapter and erosion control chapter) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. (48) 19. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (49) 20. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." (20)21. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (24422. "Highest adjacent grade" means the highest natural elevation ofthe ground surface prior to construction next to the proposed walls of a structure. 23. "Historic structure" means any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained bv the Department of Interior) or preliminarily determined bv the Secretarv of the Interior as meeting the reguirements for individual listing on the National Register: b. Certified or preliminarily determined bv the Secretarv of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined bv the Secretarv to gualify as a registered historic district: c. Individuailv listed on a state inventory of historic places in states with historic preservation programs which have been approved bv the Secretarv of Interior: or Page 161 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) d. Individuailv listed on a local inventory of historic places in communities with historic preservation programs that have been certified either bv an approved state program as determined bv the Secretarv of the Interior or directiv bv the Secretarv of the Interior in states without approved programs. (22)24. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). Aa. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, induding, but not limited to: (4)L The anchoring standards in Section 21.110.160(1); (2)iL The construction materials and methods standards in Section 21.110.160(2); and (3) iii. The wet flood proofing standard in Section 21.110.160(3); (4) i\A The standards for utilities in Section 21.110.170. (28)25. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. (24)26. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. (2§)27."Mean sea level" means, for purposes ofthe National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base fiood elevations shown on a community's Flood Insurance Rate Map are referenced. (28428. "New construction" means, for fioodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community. 29. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 11. 1988. Page 162 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (2?)30. "One-hundred-year fiood" or "100-year fiood" means a fiood which has a one percent annual probability of being equalled or exceeded. It is identical to the base fiood, which will be the term used throughout this chapter. (28)31 ."Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. 32. "Recreational vehicle" means a vehicle which is: a. Built on a sinqle chassis: prelection: light-duty truck; and b. 400 sguare feet or less when measured at the largest horizontal c. Designed to be self-propelled or permanently towable bv a d Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (29) 33. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or. if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. (30) 34. "Riverine" means relating to. formed by, or resembling a river (including tributaries), stream, brook, etc. (84435. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward ofthe beach. 432)36. "Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, VO, VI -30, VE or V. (88437. "Start of construction" means and includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the flrst placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installations of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement footing, piers or foundations orthe erection of temporary forms; nor does it include the installation on the property of accessory Page 163 ^1 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (84438. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. 39. "Substantial damaqe" means damaqe of anv oriqin sustained bv a structure whereby the cost of restoring the structure to its before damaged condition would egual or exceed 50 percent of the market value of the structure before the damage occurred. (8§)40."Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless ofthe actual repair work performed. The term does not, however, include either: (A)ai Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the applicable code enforcement officials and which are the minimum necessary to assure safe living conditions; or (8)b. Any alteration of a "historic structure." provided that the alteration will not preclude the structure's continued designation as a "historic structure". (88)—"Varianco" means a grant of relief from the roquiromonts ofthis chaptor which permits construction in a manner that would otherwise bo prohibited by this chapter. (87)41. "Violation" means the failure of a structure or other development to be fully compliant with the community's fioodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Section 21.110.130 through 21.110.150 21.110.130 Spocial uso pormit A special uso pormit shall be obtained in addition to any other required permits or ontitlomonts before construction or development begins within any aroa of spocial flood hazards, areas of flood-rolatod erosion hazards or aroas of mudslide (i.e., mudflow) hazards ostablishod in Soction 21.110.070. Tho filing fees fora spocial uso pormit shall bo in an amount as the city council may by rosolution establish. Applications for a spocial uso pormit shall bo mado on forms furnished by the planning diroctor and may includo, but not be limited to, plans in duplicate drawn to scalo showing tho nature, location, dimensions and olovation ofthe aroa in question; existing or proposod structures, fill, storage of materials, drainago facilitios; and tho location of tho forogoing. Spocifically. tho following information is roquirod: Page 164 ^9^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (4) Proposod olovation in relation to mean sea level, of the lowest fioor (including basement) of all structures; in zone AO or VO, elevation of highest adjacent grade and proposod olovation of lowest fioor of all structures; (2) Proposod elevation in relation to moan sea level to which any structure will be fioodproofed; chaptor; (8) All appropriate cortifications listed in Soction 21.110.150(D) of this (4) Description of the extent to which any watercourse will bo altered or relocated as a result of proposod dovolopmont; (8) Environmental impact assessment (ono copy only); and (8) Environmental impact roport (twenty copies), if roquirod. 21.110.135—Findings for approval (a) A spocial use pormit required by this chapter may be approved or conditionally approvod only if the following findings are made: (4) The projoct is consistont with tho general plan, local coastal program, tho requirements ofthis chapter, and any othor applicablo requirement ofthis code. (2) The site is reasonably safe from fiooding. (8) Tho projoct is designed to minimize tho fiood hazard to tho habitable portions of tho proposod structure. (4) The proposod projoct doos not create a hazard for adjacent or upstream proportios or structures. (8) The proposed projoct does not create any additional hazard or cause adverse impacts to downstroam proportios or structures. (8) Tho proposod projoct doos not reduce tho ability of tho sito to pass or handle a baso fiood of 100 year frequency. (7) The cumulative offoct of the proposed project whon combined with all tho other existing, proposod, and anticipated developmont will not increase the wator surfaco olovation of tho baso flood moro than ono foot at any point. (8) Tho projoct is contingent upon complianco with othor federal and stato regulations as required. 21.110.1430 Designation of floodplain administratorT A The Planning—CommissionCity Enqineer is appointed as the floodplain administrator. Page 165 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.110.1540 Duties and responsibilities of the floodplain administrator A ^The duties and responsibilities of the floodplain administrator shall include, but not be limited to: (4) Permit Authority. The floodplain administrator may approvo, conditionally approvo or dony a spocial uso pormit roquirod by this chaptor upon tho advico of tho city enginoor. 1. Permit Review. The floodplain administrator shall review all development permits to determine: a. The permit reguirements of this chapter have been satisfied. including determination of substantial improvement and substantial damage of existing structures: b. All other reguired state and federal permits have been obtained: c. The site is reasonably safe from flooding: d. The proposed development does not adverselv affect the carrying capacitv of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation ofthe base flood more than 1 foot at anv point within the Citv of Carisbad: and e. All Letters of Map Revision (LOMR's) for flood control proiects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control proiect and land preparation as specified in the "start of construction" definition. 2. Advise Decision-Making Authoritv. The floodplain administrator shall advise the decision-making authoritv specified in Section 21.110.150 regarding the proposed development. (2)3. Review. Use and Development of Other Base Flood Data. a, ^When base flood elevation data has not been provided in accordance with Section 21.110.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in orderto administer Sections 21.110.160 through 21.110.230 ofthis chapter. Any such information shall be submitted to the city council for adoption. (8)4, Notification of Other Agencies. a^ Whenever a watercourse is to be altered or relocated: Page 166 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (A)L Notify adjacent communities and the California Department of Water Resources priorto the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (8)ii. Require that the fiood-carrying capacity of the altered or relocated portion of such watercourse is maintained. (4)5, Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed: (A)j. The certification required in Section 21.110.160(3)(A), floor elevations; (8)ii, The certification required in Section 21.110.160(3)(B), elevations in areas of shallow flooding; (C)1N. The certification required in Section 21.110.160(3)(C), elevations or fioodproofing of nonresidential structures; (0)jy. The certification required in Section 21.110.160(3)(D), wet fioodproofing standard; (E)y, The certified elevation required in Section 21.110.180(b), subdivision standards; (F)yL The certification required in Section 21.110.200(1), floodway encroachments; (G)yii, The information required in Section 21.110.210(6), coastal construction; and (Wviii. The reports required in Section 21.110.220(d), mudflow standards. (8)6, Map Determinations. a, Make interpretations where needed, as to the exact location of the boundaries ofthe areas of special flood hazards, areas of special flood-related erosion hazards or areas of mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 21.54.14021.110.240 and 21.110.250 of this chaptertitle. (8)7. Remedy action. a. ^Take action to remedy violations ofthis chapter as specified in Section 21.110.080 ofthis chapter. Page 167 30/ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 8. Biennial Report. a. Complete and submit Biennial Report to FEMA. 9. Planninq. a. Assure the General Plan is consistent with the fioodplain management obiectives herein. 21.110.150 Special use permit A. A special use permit shall be obtained in addition to anv other reguired permits or entitlements before construction or development begins within anv area of special fiood hazards established in Section 21.110.070 of this chapter. B. Application and fees. 1. An application for a special use permit mav be made by the owner of the propertv affected or the authorized agent of the owner. The application shall: a. Be made in writing on a form provided bv the citv planner: b. State fullv the circumstances and conditions relied upon as grounds for the application: and c. Be accompanied bv a legal description of the propertv involved d. Be accompanied bv plans showing the nature, location, dimensions and elevation of the proiect site: existing and proposed structures, fill, storage or materials, drainage facilities: and all other materials as specified bv the citv planner. Specificallv. the following information must be provided: i. Proposed elevation in relation to mean sea level, of the lowest fioor (including basement) of all structures: in zone AO or VO. elevation of highest adiacent grade and proposed elevation of lowest floor of all structures: ii. Proposed elevation in relation to mean sea level to which anv structure will be floodproofed: iii. All appropriate certifications listed in Section 21.110.150(D) of this chapter: iv. Description of the extent to which anv watercourse will be altered or relocated as a result of proposed development: V. Environmental impact assessment: and vi. Environmental impact report, if reguired. C. Notices and hearings. Page 168 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. Notice of an application for a special use permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 ofthis title. D. Decision-making authoritv. 1. An application for a special use permit mav be approved, conditionallv approved or denied bv the planning commission based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. 2. The planning commission shall hear the matter, and mav approve or conditionally approve the special use permit upon the advice of the fioodplain administrator and if all of the findings in subsection E of this section are found to exist. E. Findings for approval of a special use permit. 1. A special use permit reguired bv this chapter mav be approved or conditionallv approved onlv if the following findings are made: a. The proiect is consistent with the general plan, local coastal program, the reguirements ofthis chapter, and anv other applicable reguirement ofthis code. b. The site is reasonably safe from flooding. c. The proiect is designed to minimize the flood hazard to the habitable portions of the proposed structure. d. The proposed proiect does not create a hazard for adiacent or upstream properties or structures. e. The proposed proiect does not create anv additional hazard or cause adverse impacts to downstream properties or structures. t The proposed proiect does not reduce the abilitv of the site to pass or handle a base flood of 100-vear freguency. g. The cumulative effect of the proposed proiect when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base flood more than one foot at anv point. h. The proiect is contingent upon compliance with other federal and state regulations as reguired. E. Announcement of decision and findings of fact 1. When a decision on a special use permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this titie. F. Effective date and appeals. Planning Commission decisions on special use permits shall become Page 169 3^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) effective and mav be appealed in accordance with the provisions of Section 21.54.150 of this titie. G. Expiration, extensions and amendments. 1. The expiration period for an approved special use permit shall be as specified in Section 21.58.030 ofthis titie. 2. The expiration period for an approved special use permit mav be extended pursuant to Section 21.58.040 ofthis title. 3. An approved special use permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. Section 21.110.190 and 21.110.195 21.110.190 Standards for manufactured homes All new and replacement manufactured homes and additions to manufactured homos sfeaH4 (4) Be elevated so that the lowest floor is at or above tho baso fiood olovation; and (2) Bo securely anchored to a pormanont foundation systom to resist flotation, collapse or lateral movement. A. All manufactured homes that are placed or substantiallv improved, on sites located: (1) outside of a manufactured home park or subdivision: (2) in a new manufactured home park or subdivision: (3) in an expansion to an existing manufactured home park or subdivision: or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall: 1 • Within Zones A1-30. AH. and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adeguately anchored foundation svstem to resist flotation, collapse, and lateral movement. 2, Within Zones VI-30. V. and VE on the community's Flood Insurance Rate Map, meet the reguirements of Section 21.110.210. B. All manufactured homes to be placed or substantiallv improved on sites in an existing manufactured home park or subdivision within Zones A1-30. AH. AE. VI-30. V. and VE on the community's Flood Insurance Rate Map that are not subiect to the provisions of Section 21.110.190.A will be securely fastened to an adeguately anchored foundation svstem to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood Page 170 3^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) elevation: or Manufactured home chassis is supported bv reinforced piers or other foundation elements of at least eguivalent strength that are no less than 36 inches in height above grade. C. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified bv a registered civil engineer or licensed land surveyor, and verified bv the communitv building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 21.110.195 Standards for Recreational Vehicles either: All recreational vehicles placed in Zones A1-30. AH. AE. VI-30 and VE will 1, Be on the site for fewer than 180 consecutive davs: or 2. Be fullv licensed and ready for highway use. A recreational vehicle is ready for highwav use if it is on its wheels or lacking svstem. is attached to the site onlv bv guick disconnect type utilities and securitv devices, and has no permanently attached additions: or 3. Meet the permit reguirements of Section 21.110.130 ofthis ordinance and the elevation and anchoring reguirements for manufactured homes in Section 21.110.190. B. Recreational vehicles placed on sites within Zones VI-30. V. and VE on the community's Flood Insurance Rate Map will meet the reguirements of Section 21.110.195.A and Section 21.110.210. Section 21.110.240 and 21.110.250 21.110.240 AppealsVariances (a) Tho floodplain administrator shall announce its docision and findings by resolution to tho applicant and tho rosolution shall recito, among othor things, the facts and reasons which, in tho opinion of tho floodplain administrator, make tho granting or donial of a special use permit, variance or othor entitiement undor this chapter nocossary to carry out tho provisions and general purposes of this title and shall ordor that tho special uso pormit, varianco or othor entitiement bo granted or doniod, and if such rosolution orders that tho spocial uso pormit, varianco or othor ontitlomont bo granted, it shall also notico such conditions and limitations as tho floodplain administrator may impose. (fe) The effective date of order ofthe floodplain administrator granting or denying a special use permit, variance or othor entitlement and tho mothod for appeal of such order shall bo govorned by Section 21.54.150 ofthis code. In passing upon appeals and A. Variances from the reguirements of this chapter mav be granted pursuant to the provisions of this section and Chapter 21.50 of this titie. Page 171 303 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) B. Subiect to the findings specified in Chapter 21.50 and subsection D of this section, variances mav be granted for: 1. New construction, substantial improvement, and other proposed new development to be erected on a lot of one half acre or less in size contiguous to and surrounded bv lots with existing structures constructed below the base flood level. As the lot size increases bevond one half acre, the technical iustification reguired for issuing a variance increases. 2. Repair or rehabilitation of historic structures. C. Variance considerations. 1. When making decisions on reguests for variances, the decision-making authority shall consider all technical evaluations, all relevant factors, standards specified in other sections ofthis ordinance, and: (4)a, The danger that materials may be swept onto other lands to the injury of others; (2)b,- The danger of life and property due to flooding or erosion damage; (8)c, The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the propertv: community; (4)d, The importance of the services provided by the proposed facility to the (8)e, The necessity to the facility of a waterfront location, where applicable; (8)f, The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; development; (7)g^ The compatibility of the proposed use with existing and anticipated (8) h, The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) L The safety of access to the property in time of flood for ordinary and emergency vehicles; (40)1, The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and (44^]<, The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. D. Variance findings. Page 172 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 1. In addition to the findings specified in Chapter 21.50. no variance from the reguirements of this chapter mav be granted unless the decision-making authoritv finds: a. That the variance is for floodplain management purposes onlv. b. That there is a showing of good and sufficient cause: c. That the variance is the minimum necessarv considering the flood hazard, to afford reliet I "Minimum necessarv" as related to this section, means to afford relief with a minimum of deviation from the reguirements of this chapter. For example, in the case of a variance from an elevation reguirement. the decision-making authoritv need not grant permission for the applicant to build to the elevation the.appllcant proposes, but onlv to that elevation which the decision-making authoritv believes will both provide relief and preserve the intent of this chapter. d. That the physical characteristics of the subiect propertv are so unusual that complying with the reguirements ofthis ordinance would create an exceptional hardship to the applicant L "Hardship" as related to this section, means the exceptional hardship that would result from a failure to grant the reguested variance. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, gualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even ifthe alternative is more expensive, or reguires the propertv owner to build elsewhere or put the parcel to a different use than originally intended. e. That the subiect property's physical characteristics are unigue to the propertv and not shared by adiacent parcels, and pertain to the land itselt not to the structure, its inhabitants, or the propertv owners. t That the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause "fraud and victimization" ofthe public, or conflict with existing local laws or ordinances. I "Public safety" and "nuisance" as related to this section. means that the granting of a variance must not result in anything which is iniurious to safety or health of an entire communitv or neighborhood, or anv considerable number of persons, or unlawfully obstructs the free passage or use, in the customarv manner, of anv navigable lake, or river, bay, stream, canal, or basin. ii. "Fraud and victimization" as related to this section, means that the variance granted must not cause fraud on or victimization of the public. In examining this reguirement. the decision-making bodv shall consider the fact that everv newly constructed building adds to government responsibilities and remains a part of the communitv for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subiect during all those years to increased risk of damage from floods, while future owners Page 173 3D7 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANQES TO THE ZONING ORDINANCE (TITLE 21) ofthe propertv and the communitv as a whole are subiect to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners mav purchase the property, unaware that it is subiect to potential flood damage, and can be insured onlv at very high flood insurance rates. g. If applicable, that the proposed repair or rehabilitation of a historic structure will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessarv to preserve the historic character and design ofthe structure. E Variance conditions. 1 • The decision-making authoritv mav reguire conditions to the granting of variances as it deems necessarv to further the purposes ofthis chapter. F. Applicant notice. 1. Pursuant to Titie 44 Part 60.6(a)(5) of the Code of Federal Regulations, following the granting of a variance, the citv shall provide written notice to the applicant stating that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and Such construction below the base flood level increases risks to life and propertv. 2. The written notice reguired by this subsection shall be recorded in a manner so that it appears in the chain of titie of the affected parcel of land. G. Record of variances. 1. The Floodplain Administrator shall maintain a record of all variances, including iustification for their issuance, and report such variances in its biennial report submitted to FEMA. (G) Gonorally, variances may bo issuod for now construction and substantial improvements to bo erected on a lot of one-half acre or loss in size contiguous to and surrounded by lots with existing structures constructod bolow the base fiood level, providing subsections (B)(1) through (B)(11) ofthis soction have boon fully considorod. As tho lot sizo increases boyond ono half acre, tho technical justification roquirod for issuing tho varianco increases. (d) Upon considoration ofthe factors of subsection (B) ofthis section and the purposes ofthis chapter, the city council may attach such conditions to the granting of variancos as it dooms necessary to further tho purposes ofthis chaptor. Page 174 20% LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) (e) The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issuod in its biennial report submitted to tho Federal Insurance Administration, Federal Emorgoncy Management Agoncy. 21.110.250—Conditions for variancos. (a) Variances may be issuod forthe reconstruction, rehabilitation or restoration of structures listed in tho National Register of Historic Places or tho Stato Inventory of Historic Places, without regard to tho procoduros sot forth in tho remainder ofthis soction. (fe) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result (G) Variances shall only bo issuod upon a dotormination that tho varianco is tho minimum nocossary, considoring tho flood hazard, to afford roliot (d) Variances shall only bo issuod upon: (4) A showing of good and sufficient cause; (2) A dotormination that failure to grant tho varianco would result in exceptional hardship to tho applicant; and (3) A determination that tho granting of a variance will not result in increased fiood heights, additional throats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization ot tho public or conflict with existing local laws or chapters. (e) Variancos may be issued for now construction and substantial improvoments and for other development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (A) through (D) ofthis section are satisfled and that tho structure or othor dovolopmont is protoctod by methods that minimize fiood damages during tho base flood and croato no additional threats to public safety. (f) Any applicant to whom a variance is granted shall bo given writton notico ovor the signature ofthe deputy public works director -- engineering services that the issuance of a variance to construct a structure below tho base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-fivo dollars for two hundred dollars of insuranco covorago with tho incroased risk resulting from tho reduced lowest floor olovation. A copy ofthe notico shall be recorded by tho fioodplain administrator in tho offico of the San Diogo County recorder and shall be rocorded in a manner so that it appears in tho chain of titie ofthe affoctod parcol of land. TER 21.201 I PROCEDURES CHAPTER 21.201 CHAPTER 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 21.201.010 Purpose 21.201.015 Applicability 21.201.020 Definitions 21.201.030 Requirements for minor coastal development permits and coastal development permits Page 175 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.040 Application Reserved 21.201.050 Determination of applicable notice and hearing procedures 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures 21.201.070 Repair and maintenance activities requiring a coastal development permit 21.201.080 Minor coastal development permits and coastal development permits 21.201.085 Minor coastal permits for second dwelling units 21.201.090 NetieeAnnouncement of decision and notice of final local qovemment action public hearings 21.201.100 ReservedNotice of local government action where hearing continuod 21.201.110 ReservedPlanning commission action 21.201.120 Effective date and appealof ordor—Appeal of planning commission docision 21.201.130 Appeals Developments appealable to the Coastal Commission 21.201.140 Exhaustion of local appeals 21.201.150 Public hearing on appealable developments 21.201.160 Finality of city action 21.201.170 Notice of final citv actionReserved 21.201.180 Local govornmont action—Effectivo datoReserved 21.201.190 Application for omorgoncy Emergency coastal development permits 21.201.200 Expiration of tfeeminor coastal development permits and coastal development permits 21.201.210 Extensions 21.201.220 Permit amendment 21.201.230 Coastal development permits issued by Coastal Commission 21.201.240 Violations of the Public Resources Code 21.201.010 Purpose A ^This chapter establishes the permit procedures for developments located in the coastal zone. This chapter is based on the local coastal program implementation regulations adopted by the California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 30333, and as such shall constitute the minimum procedural requirements for review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d). 21.201.015 Applicabilitv A. This chapter shall applv to development within the coastal zone, with the exception ofthe Agua Hedionda Lagoon segment ofthe Carisbad Local Coastal Program. 21.201.020 Definitions A. "Aggrieved person" means any person who. in person or through a representative, appeared at a public hearing ofthe city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the city of the nature of his concerns or who for good cause was unable to do either. B. "Allowable use" means any use allowed by right which does not require a public hearing or any discretionary or nondiscretionary permit of the approving authority. Page 176 3IO LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. "Appealable development" means in accordance with Public Resources Codes Section 30603(a), any of the following: 1. Developments approved by the local government between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or ofthe mean high tide line ofthe sea where there is no beach, whichever is the greater distance. 2. Developments approved by the local government not included within subsection (C)(1) ofthis section located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream or within three hundred feet of the top of the seaward face of any coastal bluff. 3. Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" as used in Public Resources Code Section 30603(a)(5) and its regulations shall mean any proposed public works project, as defined by Section 13012 ofthe Coastal Commission Regulations, (Title 14 California Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107. D. "Appellant" means any person who may file an appeal and includes an applicant, any aggrieved person or any two members of the Coastal Commission. E. "Applicant" means the person, partnership, corporation, state or local government agency applying for a coastal development permit. F. Reserved."Approving authoritv" means tho citv officer, planning commission or coundl approving a coastal dovolopmont permit. G. "Categorically excluded development" means a development (upon request of the city, public agency or other person) which the citv planner director has determined pursuant to Section 21.201.060(C) ofthis code to have no potential for significant adverse effect on coastal resources or access and, therefore, has issued an exclusion. 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 tho Agua Hedionda Lagoon and Village Area segments ofthe Carisbad Local Coastal Program). I. "Coastal Commission" means the California Coastal Commission. J. "DirectorDecision-makinq authoritv" means the director ofcity officer, planningr commission or council approving a coastal development permit. K. "Executive Director" means the Executive Director of the Coastal Commission. L. "Local coastal program" means the city's land use plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976. Page 177 3/1 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) M. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. N. "Major public works project" means any public works project as defined by Titie 14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars in estimated cost of construction. O. "Permitted use" means any use allowed by right which does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the approving authority. P. "Other permits and approvals" means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed. 21.201.030 Reguirements for minor coastal development permitsr and coastal development permits. Except as provided in Section 21.201.060 below, any applicant wishing to undertake a development (defined in Section 21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a minor coastal development permit or coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements ofthe approvingdecision- making authority, provided that the minimum requirements as specified herein are assured. 21.201.040 Application Reserved. Application for a coastal dovolopmont pormit shall be mado in accordance with the procoduros sot forth in this soction. A An application for a permit may be mado by the record ownor or ownors of tho property affoctod or the authorized agent of the ownor or ownors. Tho application shall be filed with tho director upon forms provided by the director. Tho application shall be accompanied by adoquato plans which allow for detailed review pursuant to this chaptor, a legal description of tho proporty and all other materials and information spocifiod by tho diroctor. 8^ At the timo of filing the application the applicant shall pay a processing fee in an amount specified by city council rosolution. Q-. Unless the proporty has proviously boon legally subdivided and no further subdivision is roquirod the application shall bo accompanied by a tontativo map which shall bo filod with the director in accordance with procoduros sot forth in Chapter 20.12 ofthis codo. If the project contains four or less lots or units, the application shall bo accompanied by a tentativo parcol map which shall bo filod with the city onginoor in accordanco with procoduros sot forth in Chaptor 20.21 ofthis code. Page 178 y9 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) O: Whenever the developmont would require a pormit or approval undor tho provisions of this title, notwithstanding this chapter, tho application shall include sufficient information to allow roviow of such pormit or approval. Application for all permits or approvals underthis titio and the coastal permit may bo consolidated into ono application. E-. The director may require that the application contain a description ofthe feasible alternatives to tho developmont or mitigation measures which will be incorporated into tho developmont to substantially losson any significant offoct on tho onvironmont which may bo caused by tho dovolopmont. 21.201.050 Determination of applicable notico and hearing procedures A ^The citv planner shall determineination of whether a development is exempty or categorically excluded-from the requirements ofthis chapter.^ or is nonappealable or appealable for purposes of notico. hearing and appealsto the Coastal Commission shall bo made by the city planner at the time tho application for devolopment is submitted. This determination shall be made with reference to the certified local coastal program, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as part of the certified local coastal program. B. The citv planner shall inform the applicant whether the proiect is exempt (and whether in the "appealable area." if not exempt) within ten calendar davs of the determination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with or if there is a guestion regarding the determination, the applicant (or citv planner) mav reguest the opinion of the Coastal Commission's executive director in accordance with 14 Code of California Regulations Section 13569. Where an applicant, interested person, or tho diroctor has a question as to tho appropriate procoduros, tho following procoduros shall bo followed: A Thedirector shall make the dotormination as to what type of devolopmont is being proposed (i.e., exempt, catogorically excluded, appoalablo, nonappealable) and shall inform tho applicant of tho notico and hearing roquiromonts for that particular dovolopmont. 8^ If tho dotormination of the director is challenged by tho applicant or an interested person, or ifthe director wishes to havo a Commission determination as to tho appropriate designation, tho city shall notify tho Commission by telephone ofthe dispute/question and shall roquost an Executive Diroctor's opinion; Q~. The Executive Diroctor shall within two working days of tho director request, (or upon completion of a site inspoction whoro such an inspoction is warranted), transmit a determination as to whether tho dovolopmont is exempt catogorically oxcludod, nonappoalablo or appoalablo; & Whoro, aftor tho Exooutivo Diroctor's investigation, tho Exocutive Director's determination is not in accordance with the director determination, tho Commission shall hold a hearing for the purpose of determining the appropriate designation for tho area. Tho Commission shall schedule the hearing on the dotormination for the noxt Commission mooting in tho appropriate geographic region following tho diroctor roquost. Page 179 3t3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures. A. Forthe purposes of subsection B.l ofthis section, an existing single-familv residential building shall include all appurtenances and other accessory structures, including decks, directiv attached to the residence: accessory structures or improvements on the propertv normally associated with residences, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units: landscaping on the lot. B, Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit: 1. Improvements to existing single-family residential building except: a. On a beach, wetiand or seaward of the mean high tide line; b. Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; c. On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance;7er d. On propertv located in significant scenic resources areas as designated by the Commission or regional commission;- .41mprovement that would result in an increase of ten percent or more of internal fioor area of an existing structure or an additional improvement often percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a);T f. An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks; d€[. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections (A)(84B.8. B.9. B.10 and BJJ.(40) of this section; eh. Expansion or construction of water wells or septic systems. Forthe purposes ofthis soction an existing single family rosidontial building shall includo all appurtenances and othor accessory structures, including docks, directly attached to tho rosidenco; accossory structures or improvements on tho proporty normally associated with rosidonoos, such as garagos, swimming pools, foncos and storage shods but not including guost houses or self-contained rosidontial units; landscaping on tho lot. 2. Improvements to existing structures other than a single-family residence or public works facility.^ except: Page 180 31^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) a. On a beach, wetiand, lake or stream or seaward of the mean high tide line; b. Where the structure or improvement would encroach within fifty feet of the edge of the coastal bluff; c. On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distancei-any; d. Anv improvement to a structure other than a single family rosidenco or public works facility that would increase by ten percent or more the internal floor area of an existing structure, or any additional improvement where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(b), or this section, and the cumulative increase ofthe improvements is ten percent or more; or any improvement which would increase the height of a structure by ten percent or more; de. An increase in heiqht bv more than ten percent of an existinq structure, including anv signiflcant detached accessory structure, such as garages, fences, shoreline protective structures or docks: f. Any improvement which changes the intensity of use of a structure; eg. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland or sand dune, or within one hundred feet of the edge of a coastal bluff or stream except as provided in subsections (A4(B.84. B.9. B.10 and (B.l 140) of this section: and fh. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative, conversion or motel/hotel timesharing conversion. §i. Expansion or construction of water wells or septic systems. 3. Occupancy permits. 4. Harvesting of agricultural cropsy or other agriculturally related activities specifically defined as permitted uses in the applicable zone^, which require no other permits and approvals ofthe approvingdecision-making authority, and are thereby allowable uses herein. 5. Fences for farm or ranch purposes. 6. Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons capacity and water distribution lines, including up to one hundred cubic yards of associated grading, provided such water facilities are used for onsite agriculturally- related purposes only. Page 181 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 7. Water impoundments located in drainage areas not identified as blue line streams (dashed or solid) on USGS 7 V2 minute quadrangle maps, provided such impoundments do not exceed twenty-five acre feet in capacity. 8. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board. 9. Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas. 10. Repair or maintenance activities not described in Section 21.201.070 of this chapter. 11. Activities of public utilities as specified in the repair, maintenance and utility hookup exclusion adopted by the Coastal Commission, September 5, 1978, and as modified from time to time. 8C. Categorical Exclusions. 1. A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610. shall be exempt from the reguirements ofthis chapter. 42. In addition to those proiocts exempted pursuant to subsection AB of this section, tThe city council may designate by resolution, after a public hearing, categories of development whichthat have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast. Development which has been so designated shall be categorically excluded from the provisions of this chapter. The designation of any categorical exclusion shall not be effective until the categorical exclusion order has been approved by the Coastal Commission. Tho director shall keep a record of all permits issuod for such categorically oxcludod projects. G3. The citv planner shall keep a record of all permits issued for such categorically excluded proiects. D. Notice of Categorically Excluded or Exempt Developments. 1. A permit issued by the city for a development which is categorically excluded or exempt from the coastal development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for categorically excluded or exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form ofany record of permits issued currentiy maintained by the city; provided, that such record includes the applicant's name, the location of the project, and brief description of the project. Page 182 31^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.070 Repair and maintenance activities requiring a coastal development permit A. All repair and maintenance activities governed bv the provisions of this subsection shall be subiect to the permit regulations ofthe California Coastal Act, including, but not limited to. the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken bv the ports listed in Public Resources Code Section 30700. unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specificallv described in the document entitied Repair. Maintenance and Utility Hookups, adopted bv the Coastal Commission on September 5. 1978. B. The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse impact to coastal resources or access. 1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: a. Repair or maintenance involving substantial alteration of fhe foundation ofthe protective work including pilings and other surface or subsurface structures; b. The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetiands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; c. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or d. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. 2. Any method of routine maintenance dredging that involves: a. The dredging of one hundred thousand cubic yards or more within a twelve-month period; b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or c. The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. 3. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty feet ofthe edge of a coastal Page 183 317 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include: a. The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; b. The presence, whether temporary or permanent, of mechanized equipment or construction materials. All repair and maintonanco activities govorned by tho above provisions shall bo subjoct to the permit regulations promulgated pursuant to tho California Coastal Act of 1976, including, but not limited to. tho regulations governing administrativo and omorgoncy permits. Tho provisions of this section shall not bo applicablo to methods of ropair and maintonanco undertaken by tho ports listed in Public Resourcos Codo Soction 30700 unless so providod olsowhoro in thoso regulations. Tho provisions ofthis soction shall not bo applicablo to thoso activities specifically describod in the document entitled Repair, Maintonanco and Utility Hookups, adopted bythe Coastal Commission on September5, 1978. 8C. Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance under Public Resources Code Section 30610(d)., but instead constitutes a replacement structure requiring a coastal development permit. 21.201.080 Minor coastal development permits and coastal development permits A. Application and fees. 1. Applications for minor coastal development permits and coastal development permits mav be made bv the record owner or owners of the propertv affected or the authorized aqent ofthe owner or owners. The application shall: a. Be made in writinq on a form provided by the citv planner. b. State fullv the circumstances and conditions relied upon as grounds for the application. c. Be accompanied bv adeguate plans which allow for detailed review pursuant to this chapter, a legal description of the propertv and all other materials and information specified bv the citv planner. 2. At the time of filing the application the applicant shall pav the application fee contained in the most recent fee schedule adopted bv city council. 3. Unless the propertv has previouslv been legally subdivided and no further subdivision is reguired the application shall be accompanied bv a tentative map which shall be filed with the citv planner in accordance with procedures set forth in Chapter 20.12 ofthis code. If the proiect contains four or less lots or units, the application shall be accompanied bv a tentative parcel map which shall be filed with the citv engineer in accordance with procedures set forth in Chapter 20.24 of this code. Page 184 31^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 4. Whenever the development would reguire a permit or approval under the provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this titie and the coastal development permit mav be consolidated into one application. 5. The citv planner mav reguire that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantiallv lessen anv significant effect on the environment which mav be caused bv the development. B. Notices and hearings. 1. Notice of an application for a minor coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.8 and 21.54.061 of this titie. except that the notice of a minor coastal development permit for a second dwelling unit shall not allow for the abilitv to reguest an administrative hearing. 2. Notice of an application for a coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title. G. Decision-making authoritv. A Tho diroctor may issue minor coastal permits for any dovolopmont anywhere in the coastal zono costing loss than sixty thousand dollars and which complies with tho following criteria: 1. Minor coastal development permits. a. The city planner mav approve, conditionallv approve or deny minor coastal development permits for: L Development that costs less than sixty thousand dollars: ii. Second dwelling units (no discretionary approval shall be required for second dwelling units): iii. Proiects that reguire an administrative village review permit or administrative variance, pursuant to Chapter 21.35 of this title. b. The citv planner mav approve or conditionallv approve a minor coastal development permit, ifthe development complies with the following criteria: 41. The development is consistent with the certified local coastal program as defined in Section 30108.6 ofthe Coastal Act. 211. The development requires no discretionary approvals other than a minor coastal development permit-(net applicablo to socond dwelling units, which shall not roguiro discrotionarv appreval). 8jil. The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. Page 185 3FI LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) b. The citv planner's decision shall be based upon his/her review of the facts as set forth in the application, ofthe circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21 •54.060.B.2 of this titie. c. The citv planner mav approve or conditionallv approve a minor coastal development permit if he/she finds that the proiect complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. Ifthe proiect is a second dwelling unit, the citv planner shall additionally find that the proiect complies with the provisions of section 21.10.030 of this titie. 2. Coastal development permits. a. The planning commission mav approve, conditionallv approve, or denv a coastal development permit for development in the coastal zone that is not subiect to subsection C.1 ofthis section. b. The planning commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing. c. The planning commission shall hear the matter and mav approve or conditionallv approve a coastal development permit if it finds that the proiect complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. 8: Tho diroctor shall give writton notico of ponding developmont docision aftor tho application is comploto. at loast fiftoon working days prior to tho docision on tho application as follows: Contents. Tho notico shall includo all tho matters roquirod by Soction 21.54.061 of this codo. including statement of a public commont poriod of at least fiftoon working days sufficient to receive and consider comments submitted by mail prior to the date ostablishod for tho docision, a statement that a public hearing shall bo hold upon request by any person and a statement that failure by a person to roquost a public hearing may result in the loss ofthat person's ability to appeal to tho Commission any action taken by a local govornmont on a coastal development pormit application. 2r. Recipients. Tho notico shall be sent by first class mail to: a^ Any porson requesting to bo on tho mailing list for tho projoct or for coastal decisions; and project perimeter; and fe^ All property owners and residents within one hundred foot of tho Tho Coastal Commission; The applicant. Page 186 3P0 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) G^-—The director may approve, approve with conditions or deny the permit. The director may waive a public hearing on a minor coastal developmont pormit if notice has boon providod in accordanco with subsection (B)(1) ofthis section and a request for a public hearing has not been rocoived by the city within fiftoon working days from the date of sending tho notico. If a request for a public hearing is received, a public hearing beforo the director shall be held in the same manner as a planning commission hearing. In oithor event tho diroctor's decision shall bo based upon tho requirements of. and shall includo spocific factual findings supporting whether tho projoct is or is not in conformity with, tho certified local coastal program (and. if applicable, with tho public access and recroation policies of Chapter 3 of the Coastal Act). This diroctor's docision shall bo mado in writing. Tho offoctive dato ofthe docision and tho mothod for appeal of such decision shall bo govornod by Section 21.54.110 of this codo. Unless the docision is appealed to the planning commission, tho diroctor shall provido a notico of final local action in accordanco with Sootions 21.201.160 and 21.201.170 ofthis code, in addition to the director's written decision. O: If tho diroctor dotorminos that tho projoct does not qualify for an oxomption, a minor coastal pormit or an emorgoncy pormit thon tho diroctor shall sot tho application for a public hearing before the planning commission. Any coastal permit (otherthan a minor coastal development permit) may be sot for hearing concurrently with any othor pormit for the project Tho diroctor may at his/hor option rofor tho application for a minor coastal pormit to tho planning commission for dotormination. 21.201.085—Minor coastal permits for second dwelling units. A The planning diroctor may issue minor coastal permits for socond dwelling units in tho coastal zono which comply with tho following critoria: The development is consistont with Section 21.10.030 ofthis titie and tho certified local coastal program as defined in Section 30108.6 ofthe Coastal Act. 2r. The development has no adverse offoct individually or cumulatively on coastal resources or public access to the shoreline or along the coast. 8; The director shall give written notico of pending developmont decision after tho application is complete, at least fifteen working days prior to the decision on tho application as follows: 4^ Contents. The notice shall includo: a statement of a public comment period of at least fiftoon working days sufficient to receive and consider comments submitted by mail prior to tho dato established forthe decision. 2r. Rocipionts. The notico shall bo sont by first class mail to: a-. Any porson requesting to be on the mailing list for the projoct or for coastal docisions; fe^ All property owners and residents within one hundred feet ofthe projoct perimeter; Page 187 3^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) GT-The Coastal Commission; and d^ Tho applicant. GT The planning director may approvo, approve with conditions or deny the permit. The director's docision shall be basod upon tho roquiroments of, and shall indudo spocific factual findings supporting whether tho projoct is or is not in conformity with Soction 21.10.030 ofthis titio and tho certified local coastal program (and, if applicablo. with tho public access and recreation policies of Chapter 3 of the Coastal Act). Tho planning diroctor's docision shall bo mado in writing. Tho dato of tho docision shall bo tho dato tho writing containing the docision or determination is mailed or otherwise dolivorod to the porson or persons affoctod by the docision or dotormination. Tho planning diroctor shall provido a notico of final local action in accordanco with Soctions 21.201.160 and 21.201.170 ofthis code, in addition to the director's writton decision. & Minor coastal permits for socond dwelling units aro not appoalablo to tho planning commission or city council. 21.201.090—Notice of public hearings. Whonovor a public hearing is required by this chaptor, notico ofthe hearing shall be givon as provided in Section 21.51.060 ofthis code. When the hearing on a coastal development pormit is consolidatod with tho hearing on a tentative map, notico shall satisfy tho requirements of both this chapter and Title 20 of this codo. 21.201.090 Announcement of decision and notice of final local government action A. When a decision on a minor coastal development permit or coastal development permit is made pursuant to this chapter, the decision-makinq authoritv shall announce its decision in writinq: 1. In accordance with the provisions of Section 21.54.120 of this title (announcement of decision and findings of fact). 2. In accordance with Section 13315 of Titie 14 of the California Code of Regulations (notice of final local government action). 21.201.100 Reserved.Notice of local government action where hearing continued. If a docision on a dovolopmont pormit is continuod by tho city to a time which is neither (a) previously stated in the notice provided pursuant to Soction 21.51.060 nor (b) announced at tho hearing as boing continued to a timo certain, tho city shall provido notico ofthe further hearings (or action on the proposod development) in the same manner, and within the same time limits as ostablished in Sections 21.54.060, 21.51.061 and 21.51.070. 21.201.110 Reserved.Planning commission action. Page 188 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) After a public hearing tho planning commission may approvo, conditionally approve or deny tho application. No approval or conditional approval shall be givon unless the planning commission finds that tho dovolopmont is consistont with tho provisions of tho local coastal program for tho coastal zone and tho dovolopmont is in conformity with tho public access and public rocroation policies of Chapter 3 ofthe California Coastal Act. 21.201.120 Effective date of ordor Appeal of planning commission decisionand appeal A Tho offoctivo dato of tho planning commission docision and method for appeal of such docision shall bo govornod by Soction 21.51.150 ofthis code. 8T If tho dovolopmont for whioh a coastal dovolopmont permit also requires othor discretionary permits or approvals for which tho planning commission is not givon final approval authority, then the planning commission action on tho coastal devolopment permit shall bo doomed a rocommondation to tho city council. GT The city council may establish and levy a fee for appeals of coastal permit docisions. A. Citv planner decisions on minor coastal development permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.140 ofthis title, except that decisions to approve minor coastal development permits for second dwelling units shall not be appealable to the planning commission or citv council. B. Planning Commission decisions on coastal development permits shall become effective and mav be appealed in accordance with the provisions of Section 21.54.150 ofthis titie. C. Decisions that mav be appealed to the Coastal Commission. 1. A decision on a minor coastal development permit or coastal development permit made pursuant to this chapter, and which is appealable to the Coastal Commission pursuantto Section 21.201.130 ofthis chapter, shall become effective on the tenth working dav following the Coastal Commission's receipt of the notice of final local government action provided pursuantto Section 21.201.090 ofthis chapter, unless: a. An appeal is filed with the Coastal Commission in accordance with the Coastal Commission's regulations: b. The notice of final local government action does not meet the reguirements of Sections 21.201.090.A.2 and 21.201.160: c The notice of final local government action is not received in the Coastal Commission office and/or distributed to interested parties in time to allow for the ten working dav appeal period. 2. Where any ofthe circumstances in subsections 21.201.120.C.1.a through 21.201.120.0.1.0 occur, the Commission shall, within five calendar davs of receiving notice of that circumstance, notify the citv and applicant that the effective date ofthe citv action has been suspended. Page 189 3Xi LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.130 Developments Aappealables to the Coastal Commission A. The following developments, due to their type or location, are within the appeal jurisdiction ofthe Coastal Commission., Only decisions approving a coastal development permit forthese developments are appealable to the Coastal Commission, unless othenA/ise noted. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning division. AT1_^ Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet ofthe inland extent of any beach or of the mean high tide ofthe sea where there is no beach, whichever is the greater distance. 82. Development on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetiand, estuary or stream. G3. Developments approved by the city not included within subsections A and B ofthis section which are located in a sensitive coastal resource area. 04. Any decision approving or denying a development which constitutes a major public works project or a major energy facility. 21.201.140 ExhaustingExhaustion of local appeals A. An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal underthe Coastal Commission's regulations and be an aggrieved person where the appellant has pursued the appeal to the appellate body (bodies) as required by the city appeal procedures; except that exhaustion of all local appeals is not required if any of the following occurs: 1. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, iri the implementation section ofthe local coastal program; 2. An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; 3. An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter; 4. The city charges an appeal fee for the filing or processing of appeals. B. Where the project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, that notice of Coastal Commission appeals may be transmitted to the city council (which considers appeals from the planning commission which rendered the final decision), and the appeal to the (Coastal Commission may be suspended pending a decision on the merits by the city council. If the decision ofthe city council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision. Page 190 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) C. The appeal to the California Coastal Commission shall be filed at the local district office no later than ten working days after the date of the receipt of the notice of final local action by the local district office. No coastal development permit shall be issued or deemed approved until an appeal, if any, to the Coastal Commission has been resolved. 21.201.150 Public hearing on appealable developments At least one public hearing shall be held on each application for an appealable development, (except as provided in Section 21.201.0807_for Minor coastal development permits) thereby affording any persons the opportunity to appear at the hearing and inform the city ofthe nature of their concerns regarding the project Such hearing shall occur no eariier than ten calendar days following the mailing ofthe notice required in Section 21.54.060. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. 21.201.160 Finality of city action A local decision on an application for development shall be deemed final when (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, that the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. and that the required conditions of approval adequate to carry out the certified local coastal plan as provided in the implementing ordinances have been imposed, and (2) when all rights of appeal have been provided as defined in Sections 21.201.130 and 21.201.140. 21.201.170 Notico of final citv actionReserved Within seven calendar days of a final dijcision on an application for any development (oxcopt categorically oxcludod or exempt dovolopmonts) tho city shall provido notico of its action by first class mail to tho Commission and to any persons who spocifically requested notice of such final action by submitting a self-addressed, stamped onvelopo to the city, (or. where required, who paid a reasonable fee to rocoivo such notico.) Such notico shall include conditions of approval and written findings and the procedures for appeal to tho Coastal Commission. Tho Coastal Commission's ton working day appeal poriod oommoncos upon its receipt of a final city action notico by tho Coastal Commission. 21.201.180 Local government action—Effective datoReserved A final docision ofthe city on an application for an appoalablo development shall become effective after tho ton working day appeal poriod to tho Commission has expired following tho final local action unless any ofthe following occur: A An appeal is filed in accordanco with the Commission's regulations; 8T— Tho notioo of final local govornmont action doos not moot tho requirements of Sections 21.201.160 and 21.201.170; Page 191 3D3 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) GT The notice of final local government action is not received in tho Commission office and/or distributed to interested parties in time to allow for tho ton working day appeal poriod. Where any of the drcumstances in this section occur, tho Commission shall, within fivo calendar days of receiving notice of that circumstance, notify the city and applicant that the effectivo dato of tho city action has been suspended. 21.201.190 Application for omorgoncy Emergency coastal development permits A. Applications in case of emergency shall be made by letter to the citv planner diroctor or in person or by telephone, if time does not allow. "Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. B. The following information shall be included in the request 1. Nature of emergency; 2. Cause of the emergency, insofar as this can be established; 3. Location of the emergency; 4. The remedial, protective or preventive work required to deal with the emergency; and 5. The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. 0. The citv planner director shall verify the facts, including the existence of the nature of the emergency, insofar as time allows. D. The citv planner diroctor may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the citv planner director finds that: 1. An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 2. Public comment on the proposed emergency action has been reviewed, if time allows; and 3. The work proposed would be consistent with the requirements of the certified land use plan. E. The citv planner diroctor shall report, in writing, to the coastal commission through its executive director and to the city council at its first scheduled meeting after the emergency permit has been issued, the nature ofthe emergency and the work involved. The report of the citv planner director shall be informational only; the decision to issue an emergency Page 192 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) permit is solely at the discretion ofthe citv planner director subiect to the provisions of this section. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. If at that meeting, one-third ofthe city council so request, the permit issued by the citv planner director shall not go into effect and the application for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.201. F. Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and issuance. 21.201.200 Expiration of tiwminor coastal development permits and coastal development permits A. The expiration period for an approved minor coastal development permit_or coastal development permit shall be as specified in Section 21.58.030 ofthis titie. A coastal dovolopmont pormit shall expire on tho latost oxpiration dato applicablo to any othor pormit or approval roquirod for tho projoct, including any oxtonsion granted for othor permits or approvals but in no event shall this period exceed three (3) years without an extension of timo. If the projoct requires no permits or approvals other than a coastal dovolopment pormit, tho coastal dovolopmont pormit shall expire two years from its dato of approval if a building pormit has not boon issuod for tho project. 21.201.210 Extensions A. Prior to thoThe expiration ef^period for an approved minor coastal development permit tho permittoo may apply to tho diroctor for an oxtonsion of tho or coastal development permit Tho application for an oxtonsion shall mav be procossodextended pursuant to tfee provisionsSection 21.58.040 of this chapter, titie. and subiect to the following: 1: ^An extension sfeattmay be approved only if it is found that there has been no change of circumstances in relation to coastal resourcos per Soction 13169 of tho California Code of Regulations since the original granting of the perniit. If the diroctor finds that there has been a change of circumstances in rolation tothat mav affect the development's consistency with the certified local coastal resources since tho original granting of the permit tho application for tho extension shall be doniod or conditionally approvod. Tho docision of tho diroctor may bo appealed pursuant to tho provisions of Soction 21.201.080(D). If a comploto application for an extension has boon timely filod. tho planning commission or the city council on appeal may grant tho extension after tho expiration dato.program or with the policies of Chapter 3 of the Coastal Act, if applicable. 21.201.220 Permit amendment Upon application by the permittoo, a permit may be amended by tho approving authority. Application for and action on an amendment shall be accomplished in the same manner as specified by this chaptor for initial approval. A. An approved minor coastal development permit or coastal development permit mav be amended pursuant to the provisions of Section 21.54.125 ofthis title. Page 193 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 21.201.230 Coastal development permits issued by Coastal Commission The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning division. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain all discretionary approvals required by this code prior to filing an application with the Coastal Commission for said coastal development permit. 21.201.240 Violations of the Public Resources Code Any person who violates any provision of Division 20 of the Public Resources Code shall be subject to the penalties contained in Public Resources Code Article 2, Section 30820 et seq. AMENDMENTS TO CHAPTER 21.208 COMMERCIALA/ISITOR-SERVING OVERLAY ZONE Section 21.208.110 21.208.110 Required findings In addition to the findings required for the granting of a conditional use permit pursuant to Section 21.42.020030. conditional use permits issued pursuant to this chapter are subject to the following findings priorto approval: A. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overiay zone; B. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overiay zone; and C. . That the project complies with all development and design criteria ofthe overiay zone. D. For gas stations, motel, hotel or restaurant uses on a planned industrial zoned property: That the proposed use is commercial in nature and therefore subject to the overiay zone, however, the proposed use is consistent with the intent and purpose of the P-M zone whose primary purpose is not to cater directly to the general public, and allows certain commercial uses which cater to, and are ancillary to the uses allowed in the P-M zone, E. For recreation vehicle (RV) parks, overnight RV parking, campgrounds or overnight campsite uses: That the proposed use complies with all the provisions of Section 21.42.010(2)(H)(a) through (e) ofthis titie. Page 194 3^ LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) AMENDMENTS TO CHAPTER 21.210 HABITAT PRESERVATION AND MANAGEMENT REQUIREMENTS List of Sections in Chapter 21.210 21.210.010 Purpose and intent 21.210.020 Definitions 21.210.030 Applicability 21.210.040 Habitat preservation requirements 21.210.050 Habitat management requirements 21.210.060 Permits required 21.210.070 Minor HMP permit and HMP permit 21.210.075 Incidental take permit 21.210.080 Habitat management plan amendment 21.210.090 Guidelines 21.210.100 Enforcement measures—Violations and remedies Section 21.210.070 and 21.210.075 21.210.070 Minor HMP permit and HMP permit A. Aft minor HMP permit or HMP permit shall be required for any development project which directly or indirectly impacts natural habitat in accordance with the procedures set forth in this section. A.2 of this section. 1. A minor HMP permit shall be reguired. except as specified in subsection 2. A HMP permit shall be reguired if the permit application is processed concurrentiy with any other permit for which the planning commission or citv council is the decision-making authoritv. AB. Application Reguiromontsand fees. 1: ^An application for an minor HMP permit or HMP permit may be made by the record owner or owners of the property affected by the development project or the authorized agent of the owner or owners.- The application shalLThe application shall be filed with tho planning diroctor upon application forms providod by tho planning diroctor. At tho timo of filing the application, tho applicant shall pay a processing foo in an amount spocifiod by city council resolution. Tho application shall be accornpaniod by a biological roport, which allows for detailed roviow to determine complianco with this chapter. The biological roport shall indudo tho following: a. Be made in writing on a form provided bv the citv planner. b. State fully the circumstances and conditions relied upon as grounds for the application. Page 195 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) Be accompanied bv: this chapter. A legal description ofthe property involved. Adeguate plans that allow for detailed review pursuant to iii. A biological report, which demonstrates compliance with this chapter and includes the information specified in subsection C ofthis section. iv. All other materials as specified bv the citv planner. 2. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. C. Biological report. 1. AThe biological report shall be biological survey prepared by a biologist^ The report shall-wfeiefe identifyies; a. 4The location and quantifies of_all habitat and vegetation on the property (or any off-site work area). b^ The location of survey shall also identify any covered species c. T4The location of any off-site wetiand, riparian habitat, oak woodland, nesting raptors or narrow endemic species located within one hundred feet of the property. .Ifthe biological survey is conducted outside the acceptable time of year for identifying narrow endemic species, but the biologist identifies that narrow endemic species could be present on the property, then surveys for narrow endemic species must be conducted during the acceptable time of year in accordance with wildlife agencies protocols., if such protocols exist. The processing ofthe HMP permit application will be held in abeyance until the applicant submits subsequent surveys conducted during the acceptable time ofthe year. 23. For projects located in a proposed hardline area, a map shall be submitted showing the precise boundary of the proposed development area and the proposed preserve area consistent with the proposed hardline preserve area figures contained in the HMP. 84! For projects located in the standards areas, an analysis shall be submitted which exactly and cleariy identifies; a. feHow the project complies with the standards and conditions contained in the HMPj.-aftd MHCP. and IA. and anv applicable permit conditions in the NCCP and 10(a)1(B) permits;T Page 196 330 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) JThe hardline preserve boundaries which would result from compliance with the standards; and _feHow the project is being located on the least biologically sensitive portion of the property. 45. For projects which impact narrow endemic species, the following information shall be provided: a. A graphic depiction of all narrow endemic species located on the property where the development project is located; b. A written biological description of the status of the narrow endemic species; c. Quantification of both preservation of narrow endemic species and impacts to narrow endemic species associated with the project including direct and indirect effects on an area and individual plant basis; d. A written report of the feasibility or infeasibility of total avoidance of narrow endemic species population(s); e. A written description of project design features that reduce indirect effects such as edge treatments, landscaping, elevation differences, minimization and/or compensation through restoration or enhancement and consistently with the MHCP adjacency standards. §6. For projects which impact wetiands. the following information shall be provided: a. A graphic depiction of all wetiands located on the property where the development project is located; b. A written biological description of the status of the wetlands; c. Quantification of proposed impacts to wetiands associated with the project; d. Written analysis of the inability to avoid impacts to wetlands; e. Written description of project design features that minimize impacts to wetiands including buffers as described in Section 7-11 ofthe HMP. 87. An analysis of how the development project complies with the additional preservation conditions contained in Section 21.210.040(D) ofthis chapter. 78. A description of proposed additional mitigation consistent with Sections 21.210.040(C) and (E) ofthis chapter. Page 197 331 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) planner. 89. Any other information, data or analysis deemed necessary by the city D. Notices and hearings. 1 • Notice of an application for a minor HMP permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 ofthis title. 2. Notice of an application for a HMP permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this titie. E. Decision-making authority. 1. Applications for minor HMP permits and HMP permits shall be acted upon in accordance with the following: a. Minor HMP permit i. An application for a minor HMP permit mav be approved, conditionallv approved or denied by the city planner based upon his/her review of the facts as set forth in the application, ofthe circumstances ofthe particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2ofthis title. ii. The citv planner mav approve or conditionally approve the minor HMP permit if all of the findings of fact in subsection F of this section are found to exist. b. HMP permit i. An application for a HMP permit mav be approved, conditionallv approved or denied bv the planning commission or citv council, as specified in Section 21.54.042 ofthis titie. ii. The decision on a HMP permit shall be based upon the decision-making authority's review of the facts as set forth in the application, of the circumstances ofthe particular case, and evidence presented at the public hearing. iii. The decision-making authoritv shall hear the matter, and may approve or conditionallv approve the HMP permit if all of the findings of fact in subsection F of this section are found to exist. 8T Roviow Process. An application for an HMP pormit or HMP pormit amondmont shall be prooossod and approved concurrentiy with any othor dovolopment permits roquirod by Titios 11, 15, 18, 20 and 21 ofthis code. Tho same docision making body or official which has the authority to finally approve, conditionally approvo or dony the other devolopmont permits required for the project shall have tho authority to finally approve, conditionally approvo or dony an HMP pormit. Amondmonts to HMP permits shall bo aotod on bythe samo docision making body that approvod the original HMP pormit and any subsequent HMP pormit amendments. Tho decision of tho decision-making body or official is final and offectivo ton calendar days after the adoption ofthe resolution or written decision, unless within such ton day poriod the applicant or Page 198 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) any other interested porson files a writton appeal utilizing tho samo appeal procedure applicablo to the other permits which are processed concurrently with tho HMP permit. If no othor discretionary permits aro boing processed concurrontly with tho HMP pormit. thon the appeal procedures containod in Chaptor 21.51, Sections 21.51.110 and 21.51.150 ofthis titlo shall apply. GT Incidental Take Permit. If a development project impacts an HMP ooverod spocios and an incidental tako pormit is roquirod underthe authority ofthe citywide incidental take pormit issuod forthe HMP, tho planning diroctor shall have tho authority to issue tho take permit as long as an HMP pormit has been approvod for the project by the appropriate decision making body or official pursuant to subsections A and B ofthis section. OF. Required Findings. X, No minor HMP permit or HMP permit shall be approved unless the decision-making body authorityor official finds that: 4a. The development project complies with the purpose and intent provisions of Section 21.210.010 ofthis chapter. 2b. The proposed development is in compliance with all provisions of the Carisbad habitat management plan (HMP), the implementing agreement, the multiple habitat conservation plan (MHCP), the natural community conservation plan (NCCP) and 10(a)1(B) permit conditions, the preservation requirements set forth in Section 21.210.040 of this chapter and the management requirements set forth in Section 21.210.050 ofthis chapter. 8c. The project design as approved by the city has avoided and minimized impacts to habitat and covered species to the maximum extent feasible. 4d. If applicable, the take of covered species is consistent with the citywide incidental take permit issued forthe HMP, will be incidental to othenA/ise lawful activities related to construction and operation of the project and will not appreciably reduce the likelihood of survival and recovery of the species. G. Announcement of decision and findings of fact. 1. When a decision on a minor HMP permit or HMP permit is made pursuant to this chapter, the decision-making authoritv shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. H. Effective date and appeals. a. Decisions on minor HMP permits and HMP permits shall become effective and mav be appealed in accordance with the applicable provisions of Sections 21.54.140 and 21.54.150 ofthis title. I. Expiration, extensions and amendments. 1. The expiration period for an approved minor HMP permit or HMP permit shall be as specified in Section 21.58.030 ofthis titie. Page 199 LAND USE DECISION MAKING (ZCA 11-06/LCPA 11-07) PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21) 2. The expiration period for an approved minor HMP permit or HMP permit mav be extended pursuant to Section 21.58.040 of this titie. 3. An approved minor HMP permit or HMP permit mav be amended pursuant to the provisions of Section 21.54.125 of this titie. 21.210.075 Incidental Take Permit. A. If a development proiect impacts a HMP covered species and an incidental take permit is reguired under the authoritv of the citywide incidental take permit issued for the HMP. the citv planner shall have the authoritv to issue the take permit as long as a minor HMP permit or HMP permit has been approved for the proiect. Page 200 53^ EXHIBIT 5 Planning Commission Minutes February 1,2012 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Schumacher asked Mr. Neu to introduce the first item. 1. ZCA 11-06/LCPA 11-07 - LAND USE DECISION MAKING - A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance to improve the city's development review process. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Kevin Pointer would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 1. Mr. Pointer gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher acknowledged that the Planning Commission received an errata sheet for the item as well as a letter of support from Mr. Mike Howes. Chairperson Schumacher asked if there were any questions of Staff. Chairperson Schumacher asked if there any members of the audience who wished to speak on Agenda Itemi. Diane Nygaard, 5021 Nighthawk, Oceanside, requested that the Planning Commission consider the following: 1) codifying a requirement that the City post public hearing notices to the City website; 2) that the City Planner's ability to approve a rearrangement of major land uses according to the Planning Division's consistency determination policy allows for too much vagueness; and 3) that the process to request to be notified of public hearings be revised, noting that she had requested to be notified about the public hearing for a project, but her name was not added to the notification list. Mario Monroy, 749 Magnolia Avenue, cited the high cost of constructing underground parking and suggested the Planning Commission conduct an economic analysis to study height increases in the Barrio. Commissioner Siekmann asked if Ms. Nygaard had a suggestion for the wording regarding the language she felt was too vague. Ms. Nygaard stated she had not given that much thought. Chairperson Schumacher closed the public testimony. Chairperson Schumacher asked if there any further questions of Staff. Seeing none, he asked Staff to respond to those issues raised during public testimony. In regards to the public noticing, Mr. Pointer stated there are mechanisms currentiy in place for public noticing for public hearings. The current practice is to post public hearing notices on the City's website. Additionally, the public can sign up on the City's website to receive email notifications each time a public notice is posted to the website. With regards to amendments, Mr. Pointer deferred to Mr. Neu. Mr. Neu stated the portion of the staff report that is being referenced refers to the administrative policy staff uses to determine whether a proposed action is considered consistent with what the Planning Commission or the City Council approved. It is basically administrative guidelines Staff uses to make that determination. Mr., Neu stated that policy is not before the Commission tonight for review. Staff is consen/ative in making those decisions. Mr. Pointer stated that in regards to the request for notification of announcements of decision Staff would be happy to work with Ms. Nygaard to ensure she receive future notifications of any projects she deems appropriate. 35S Planning Commission Minutes February 1,2012 Page 3 Mr. Neu commented that the provision in the Staff Report was referring to administrative permits such that if a member of the public requests an administrative hearing the code would then require Staff to provide written notice of the decision to that person. Jane Mobaldi, Assistant City Attorney, stated she understood Ms. Nygaard's concerns and for the most part her recommended procedures are already being followed by the city; however, she does not feel all of the detail of how things are procedurally handled necessarily needs to be included in the municipal code. Ms. Mobaldi stated that if recommendations are added to the code, a caveat should be added stating that if the procedure is not followed, it would not invalidate or nullify any action. The City already follows those procedures and requirements for public notices as mandated by the government code, and the city is required to follow those mandates whether or not they are in the municipal code. In regards to the economic impacts as it relates to building height and different types of parking such as underground parking, Mr. Neu stated this set of amendments does not change the building height requirement. Mr. Neu stated what changed is the decision making body that would approve projects with building heights over 35 feet. Chairperson Schumacher asked if there were any further questions of Staff. Commissioner Scully stated page 111 of the Attachment 4, Section 21.54.060 contains regulations pertaining to notifications for public hearings. Commissioner Nygaard asked if Staff is in fact streamlining the process with these amendments. Mr. Pointer stated that the City is not adding more time to existing processes and that making permitting components consistent as well as pushing decision-making levels down will reduce the time period for processing permits. Commissioner Nygaard clarified that Staff is not amending any of the current standards. Mr. Pointer stated that was correct with the exception of those minor changes to the outdoor dining and building height. Commissioner Nygaard also commented that it might be useful for the public if Staff could prepare a document showing the decision-making authority on each decision. Mr. Pointer stated that could be prepared. Commissioner Black inquired about appeals. Mr. Pointer stated the process will remain as it is currentiy. Commissioner Scully asked about the removal of the public noticing on outdoor dining permits. While she does not have an issue with outdoor dining, Commissioner Scully feels that the public noticing requirement shouid remain as is even though there have not been any issues in the past regarding these types of permits. Mr. Neu stated the Staff's reasoning regarding the recommendation is that the way the code is currently structured there are a series of standards that have to be met in order to receive approval for an incidental outdoor dining permit Mr. Neu stated the current structure does not allow Staff any discretion to deny the permit and there have not been any issues with any of these permits in the past. Staff feels, that in regards to streamlining, it is not a permit that justified keeping the process; however, if the majority of the Commission wished to retain that item. Staff could include it in the recommendation to City Council and then determine how best to standardize an administrative permit for that type of use without having a separate one for the incidental outdoor dining. Commissioner Siekmann stated that the permit is for such a small square footage of area and that the City is always so careful with effects on nearby residences, that if there was going to be any issues with this it would be addressed by the City. Mr. Neu explained that many of these permits that have been issued in the past have been for uses such as delis and smaller eating establishments. Commissioner Scully stated she is concerned because of the increasing number of infill projects as well as mixed-use projects. She feels the public needs to be made aware of these projects. Commissioner Schumacher asked if neighboring property owners will still be notified with these types of projects. Mr. Pointer stated that if the code was not modified the administrative permit notice would be mailed out to nearby property owners who would then have an opportunity to file a request for an administrative hearing. 33^ Planning Commission Minutes February 1,2012 Page 4 Commissioner L'Heureux asked if there is a fee if a member of the public does file a request for an administrative hearing. Mr. Neu stated there is not a fee for the administrative hearing; however if a decision is made and it is appealed there would be a fee. Gary T. Barberio, Community and Economic Development Director, stated the genesis of many of these changes came out of the Development Review Process (DRP) Working Group. One of the goals of the group was to streamline the permitting process. One of the main philosophies behind that was that the City tended to have processes in place for the possibility of something bad happening and an example of that is the incidental outdoor dining permit process. There has been a long history of administering this permit without any incident or issues. Mr. Barberio stated that a philosophy of the DRP was to first determine whether or not a process or permit was adding value and secondly to determine if there is a valid or historical reason for needing the process. If in the future there are issues and Staff feels there is a need to revisit the process, there will be the ability to do so. Commissioner Nygaard asked what the process is if there ever is a problem in the future. Mr. Barberio stated that there are provisions regarding noise, nuisance and disturbance in the municipal code for all land uses. If Staff starts to see a pattern regarding this incidental outdoor dining permit. Staff can process a code amendment to address the issues. Commissioner Black asked what provisions are available on a legal or administrative basis for the Planning Commission and/or City Council regarding decisions made at an administrative level. Ms. Mobaldi stated the municipal code provides that a Council Member can appeal a Planning Commission decision. Commissioner Siekmann complimented Staff on their hard work as well as the DRP Working Group. Commissioner L'Heureux echoed the comments made by Commissioner Siekmann. DISCUSSION Commissioner Nygaard commented how impressed she is by how thorough Staff has been with this project. With regards to the outdoor dining, she feels confident with the changes. She stated she can support the project. Commissioner L'Heureux also stated he can support the project Commissioner Arnold stated he can support the project Commissioner Black also stated he can support the project. Commissioner Scully stated that while the project is great, she is still concerned regarding the public noticing on the Incidental Outdoor Dining Area permit; however she can support the project Chairperson Schumacher also thanked Staff for all the time and effort put into this project. He stated he can support the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions 6858 and 6859 recommending approval of ZCA 11-06 and LCPA 11-07 based on the findings contained therein including the errata sheet dated February 1, 2012. VOTE: 7-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None 331 EXHIBIT 6 SUMMARY OF PROPOSED ORDINANCE MODIFICATIONS SINCE PLANNING COMMISSION RECOMMENDATION 1. Instances of the phrase, "and may be appealed" shall be replaced with the phrase, "unless appealed" in the following subsections in the City Council Ordinance (Exhibit 1 ofthe Agenda Bill): 21.06.090.A 21.06.090.B 21.35.110.A 21.35.110.B 21.40.095.A 21.41.050.E 21.41.060.F 21.42.lOO.A 21.42.lOO.B Table E of Section 21.44.060.A.4 21.47.075.A 21.47.075.B 21.48.080.F.1 21.48.090.F.1 21.50.070.A 21.50.070.B 21.95.100.A 21.110.150.G.1 21.201.120.A 21.201.120.B 21.210.070.H.a 2. Section 21.52.070 of the City Coundl Ordinance (Exhibit 1 of the Agenda Bill) shall be amended to read as follows (changes recommended by the City Attorney are shown in strikeout/underiine): 21.52.070 Effective date. A. The decision of the city council made pursuant to this chapter is final, conclusive and shall be effective upon the date specified in the announcement of decision. B. Within the coastal zone, the city council's approval of an amendment to the local coastal program shall not become effective until the amendment is approved by the California Coastal Commission, pursuant to Section 30514 of the Public Resources Code. 3o^ The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of Califomia, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 30. 2012 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia on this 30th day of March 2012. Clerk of the Printer Space above for County Clerk's Filing Stamp CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Gity Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 10, 2012, to consider approval of a Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance to improve the city's development review process. Whereas, on February 1, 2012 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Zone Code Amendment and Local Coastal Program Amendment consisting of various amendments to the text of the Zoning Ordinance to improve the city's development review process. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after April 6, 2012. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or kevin.pointer@carlsbadca.gov If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment 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 correspon- dence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZCA 11-06/LCPA 11-07 CASE NAME: LAND USE DECISION MAKING PUBLISH: March 30, 2012 CITY OF CARLSBAD CITY COUNCIL 03/30/12 CN 13207 Easy Peel Labels Use Avery® TEMPUTE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 i A j peed Paper See Instruction Sheet [ for Easy Peel Feature SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 [AVeRY®5i60® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKYPARK CT SANDIEGO CA 92123-4340 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SANDIEGO CA 92182-4505 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGOCA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SANDIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SANDIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 itiquettes fadles h peler Utilisez le gabarit AVERY® 5160® Sens de chargement Consultez la feuille d'instructlon vvvvw.avery.com i.:?nn-(Rn-AVFRv Easy Peel Labels Use Avery® TEMPLATE ^160® i A j^Feed Paper See Instruction Sheet { for Easy Peel Feature I AVERY® 5160® BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD U\KESIDECA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGOCA 92108 CA DEPT OF TRANSPORTATION DIV OF TRANSPORTATION PLANNING/COMMUNITY PLANNING 1120 NST, MS. 32-RM. 5124 SACRAMENTO CA 94274 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGOCA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE 811 LOS ANGELES CA 90017 DEPT OF JUSTICE DEPTOFATTY GEN RM 700 110 WEST A ST SAN DIEGOCA 92101 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST., STE 2300 SAN FRANCISCO CA 941053084 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGOCA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGOCA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGOCA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCCCA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECUMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 itiquettes faciles d peler Utilisez le gabarit AVERY® 5160® Sens de chargement Consultez la feuille d'instructlon www.avery.com 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPUVTE 5160® i • j^Feed Paper See instruction Sheet { for Easy Peel Feature iAVERY®5i60® WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 itiquettes faciles h peler Utilisez le gabarit AVERY® 5160® Sens de chargement Consultez la feuille d'instructlon www.avery.com l-ttQO-Ga-AVPKV BEERYGROUP, INC BEERY,)OHN STE D 2091 LAS PALMAS : CARLSBAD CA 92011 SDA ARCHITECTS & DESIGNERS BAKERJANET STE 260 4 VENTURE IRVINE CA 92618 STARK ARCHITECTURE AND PLANNING STARCK JAMES STE 100 . . 2045 KETTNER BLVD SAN DIEGO CA 92101 LADWIG DESIGN GROUP BOB LADWIG 2234 FARADAY AV CARLSBAD CA 92008 MCCARDLE ASSOCIATES ARCHITECTS MCARDLE, ED STE 250 2173 SALK AVE CARLSBAD CA 92008 SILLMAN WRIGHT ARCHITECTS WRIGHT, ROD STE 400 7515 METROPOLITAN DR SANDIEGO CA 92101 THE MCKINLEY ASSOCIATES MCKINLEY, KIRK STE 200 1818 1ST AVE SAN DIEGO CA 92101 HUNSAKER AND ASSOCIATES WILLIMAN, LEX 9707 WAPLES ST SAN DIEGOCA 92121 O'DAY CONSULTANTS O'DAY, PAT STE 100 2710 LOKER AVE CARSLBAD CA 92010 THE UGHTFOOT PLANNING GROUP GUNTER,ANN STE 250 5750 FLEET ST CARLSBAD CA 92008 COLRICH COMMUNITIES GABRIEL, GRAEME STE 100 4747 MORENO BL SAN DIEGO CA 92117 CARLTAS COMPANY CALKINS, CHRIS STE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 HG FENTON COMPANY JONES, ALLEN STE 200 7577 MISSION VALLEY RD SAN DIEGOCA92108 SUDBERRY PROPERTIES SUDBERRY, COLTON STE 260 5465 MOREHOUSE DR SAN DIEGOCA 92121 PAUL LONGTON ARCHITECT LONGTON, PAUL 2909 MESA DR OCEANSIDE CA 92054 SMITH CONSULTING ARCHITECTS LANGAN, MARK STE 200 12220 EL CAMINO REAL SAN DIEGO CA 92121 HOFMAN PLANNING AND ENGINEERING HOFMAN, BILL 3152 UONSHEAD AV CARLSBAD CA 92008 JACK HENTHORN & ASSOCIATES HENTHORN, JACK PO BOX 237 CARLSBAD CA 92018 PLANNING SYSTEMS KLUKAS, PAUL STE 100 1530 FARADAY AVE CARLSBAD CA 92008 BA WORTHING, INC WORTHING, BROOKS PO BOX 1041 CARLSBAD CA 92018 MCMILLIN LAND DEVELOPMENT MIUCH, BRIAN 2750 WOMBLE RD SAN DIEGO CA 92106 FORD MANCE MONTAGUE, LUKE POBOX 910 CARDIFF CA 92007 RYAN COMPANIES US, INC CAREFOOT, CHUCK 6134 INNOVATION WAY CARLSBAD CA 92009 THOMAS ENTERPRISES KUHNEL, MEL 3604 CARLETON ST SAN DIEGO CA 92106 WESTFIELD CORP FITCHITT, GREG STE 1700 1225 BROADWAY 'SAN DIEGO CA 92101 i M&M TELECOM INC. MUNSON, DOUG \?0 BOX 55 POWAY CA 92074 MORROW DEVELOPMENT ARBUCKLE, FRED ^TE180 . 1903 WRIGHT PLACE CARLSBAD 92008 ! ^ Howes, Weiler & Associates I 2888 Loker Ave. East, Ste. 217 i Carlsbad, CA 92010 GRAND PACIFIC RESORTS STRIPE, TIM STE 200 5900 PASTEUR CT CARLSBAD CA 92008 AT&T c/o PLANCOM INC PATTERSON KRYSTAL 302 STATE PL , ESCONDIDOCA 92029 CARLSBAD CHAMBER OF COMMERCE OWEN, TED 5934 PRIESTLY SR CARLSBAD CA 92008 I WAVE CREST RESORTS ( CAN EPA, BILL STE A 829 SECOND ST ^ ENCINITAS CA 92024 I BUILDING INDUSTRY ASSOCIATION MACIEJ, STEVE STE 110 9210 SPECTRUM CENTER BLVD ^ SAN DIEGOCA 92123 r n Aa3AV-O9-008-l ulO^'^l^Ae'MAAM [ 3„dn-dod pioqai a| jafaAfj ap suas • SEA BRIGHT COMPANY SUKUP, ROBERT 4322 SEA BRIGHT PL CARLSBAD, CA 92008 I D«0918/®091S ®AM3AV i^jeqeB a| zasm^n i J3|ad e sa|j3e^ sauanbjl^ BROOKFIELD TAMARACK LLC PEVNEY, ADAM STE 200 12865 POINTE DEL MAR DEL MAR, CA 92014 BRE COMIVIERCIAL SCHIFF, BRUCE BISSER, DENNIS STE 100 1000 AVIARA PKWY CARLSBAD, CA 92011 URBAN WEST STRATEGIES DE RIENZO, DAVID 936 E SANTA ANA BLVD SANTA ANA, CA 92701 GRANT TUCKER PROPERTIES 1 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 J Misfipi dn-dod asodxa ! o)au!|6uoiepuaa jaded paaj T WA09I.8/®091S ajBidujai ®>UaAV asp s|9qBl aiasd Aseg Land Use Decision MakingZCA 11‐06/LCPA 11‐07 PurposeTo improve the city’s development reviewprocess by implementing initiativesidentified by the city’s DevelopmentReview Process (DRP) Working Group. DRP Working Group InitiativesInitiative 1:Increase consistency of thepermit processes and enhance entitlementprotection by processing all permitapprovals and extensions in the samemanner. DRP Working Group Initiatives(Continued)Initiative 4:Increase consistency byensuring that all discretionary permitsrequired for a project are acted upon by asingle decision‐making authority. Initiative 4:Streamline the discretionarypermit approval process by reassigningapproval authority to the lowestappropriate decision‐making authority.DRP Working Group Initiatives(Continued) Initiative 1: Permit Process Consistency•Notice of administrative permits•Notice of public hearings•Initial approval permits (permit expiration)•Time extensions•Amendments•Announcement of decision Initiative 4: Single‐LevelDecision‐Making AuthoritySpecification that when multiple permitsare processed concurrently for a proposedproject all permits will be acted upon by asingle decision‐making authority (highestdecision‐making authority of allconcurrently processed permits). Initiative 4: Decision‐Making LevelsModification of decision‐making levels toreassign approval authority to the lowestappropriate decision‐making authority. Other Miscellaneous Changes•Outdoor incidental dining•Building height•Combination of “Variances” and “Administrative Variances” chapters•Combination of Coastal Development Permit chapters Other Miscellaneous Changes(Continued)•Update Floodplain regulations•New Minor Hillside Development Permit and Minor Habitat Management Plan Permit•City Council authority to make changes to Planning Commission’s recommendations on amendments RecommendationThat the City Council INTRODUCE OrdinanceCS‐178 APPROVING an amendment to the Cityof Carlsbad Zoning Ordinance (ZCA 11‐06), andADOPT Resolution 2012‐084 APPROVING aLocal Coastal Program Amendment (LCPA 11‐07), based on the findings contained therein. Project ExampleRequired PermitsDecision‐Making Authority (If Permits are Processed Individually)Decision‐Making Authority(If Permits are Processed Concurrently)Minor SubdivisionCity Planner City CouncilConditional Use Permit (Church)Planning Commission City CouncilZone Change City Council City CouncilSubdivide one lot into two lots; construct a church on one of the newlots and preserve the second lot as open space; and, change thezoning on the open space lot from R‐1toOS.