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HomeMy WebLinkAbout2012-04-24; City Council; 20878; Land Use Decision Making8 CITY OF CARLSBAD - AGENDA BILL AB# 20.878 LAND USE DECISION MAKING ZCA 11-06 DEPT. DIRECTOR 2^5x MTG. 4/24/12 LAND USE DECISION MAKING ZCA 11-06 CITY ATTORNEY f X DEPT. Clerk LAND USE DECISION MAKING ZCA 11-06 CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-178. approving a Zone Code Amendment (ZCA 11-06) consisting of various amendments to the Zoning Ordinance, (Title 21 of the Carisbad Municipal Code) to improve the Development Review Process (DRP). Ordinance No. CS-178 was Introduced and first read at the City Council meeting held on April 10, 2012. The City Cleric's Office will have the ordinance published within fifteen days, if adopted. (Notwithstanding, the preceding, this ordinance shall not be effective until approved bv the Califomia Coastal Commission.) FISCAL IMPACT: See AB #20,867 on file in the Office of the City Cleri<. ENVIRONMENTAL IMPACT: The proposed amendments are except 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. EXHIBIT: 1. Ordinance No. CS-178. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@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ACTION: APPROVED • CONTINUED TO DATE SPECIFiC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 1 ORDINANCE NO. CS-178 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 1'7 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 Carisbad 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 referred to the Planning Commission for its recommendation; and 24 25 26 27 28 1 WHEREAS, it is now recommended that Chapters 21.38 and 21.52 of the 2 Carisbad 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 General 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 Carisbad Municipal Code is ^ amended to read as follows: 10 21.04.290.1 Outdoor Dining (Incidental). "Outdoor dining (incidental)" means an outdoor dining area that is 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, and which does not exceed the ^2 limitations established in Chapter 21.26. SECTION 11: That the list of sections in Chapter 21.06 of the Carisbad 14 Municipal Code is amended to read as follows: 21.06.010 Intent and purpose. 1^ 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. 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. 18 23 SECTION 111: That Section 21.06.020.B of the Carlsbad 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 finds: 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- 1 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 2 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 3 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. 19 20 21 22 SECTION IV: That Sections 21.06.060 through 21.06.130 of the Carlsbad Municipal Code are amended to read as follows: 9 10 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 of this 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. 24 21.06.080 Announcement of decision and findings of fact. A. When a decision on a minor site development plan or site developqjient plan is 25 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 of this title. 26 . . 21.06.090 Effective date and appeals. 27 A. Decisions on minor site development plans shall become effective unless appealed in accordance with the provisions of Section 21.54.140 ofthis title. 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 of this 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 title. 5 C. An approved minor site development plan or site development plan may be amended pursuant to the provisions of Section 21.54.125 ofthis 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 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 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; 12. Such other conditions as deemed necessary to insure conformity with the general plan and other adopted policies, goals or objectives of the city. 20 21 ..^ 21.06.120 Lot requirements. A. The Q zone may be placed on any size or dimensioned, legally created lot. 23 24 25 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. 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 21.06.140 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 4 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; ' \. 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 often feet in width, whichever is greater; 9 (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; 10 (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. 12 " 13 14 .. B. The official or decision-making body with the authority to othenA/ise approve the 15 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: 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. 24 26 SECTION Vll: That Section 21.08.080.B of the Carlsbad Municipal Code is amended to read as follows SECTION VIII: That Section 21.09.120(2) ofthe Carlsbad Municipal Code is amended to read as follows: 19 20 21 „ (2) The official or decision-making body with the authority to othenA/ise approve the 22 subdivision may approve panhandle or flag-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 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 28 1 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. 2 (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 of the lot which is 3 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 to the 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. 10 ll 12 14 15 16 17 18 19 20 SECTION IX: That Section 21.10.030.C ofthe Carlsbad Municipal Code is amended to read as follows: 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 ofthe coastal zone require a building permit. SECTION X: That Section 21.10.070.A.1 of the Carlsbad Municipal Code is amended to read 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; 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 often 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 21 lot or parcel of land with an adjacent reduced side yard; (C) In the event special circumstances exist, such as extreme topographical features 22 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. 24 SECTION XI: That Section 21.10.100.B ofthe Carlsbad Municipal Code is 25 amended to read as follows: 25 B. The official or decision-making body with the authority to othenA/ise approve the subdivision may approve panhandle or flag-shaped lots where the lot width and yards shall be 27 measured in accord with this section if the following circumstances are found to exist. 28 -6- I 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The property cannot be sen/ed 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. SECTION Xll: That the row for "Child day care center" in Table A of Section 21.16.020 ofthe Carisbad 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 Xlll: That the row for "Child day care center" in Table A of Section 21.18.020 ofthe Carisbad 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 Carisbad 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 ofthe Carisbad 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 ofthe Carisbad 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 XVll: That the list of sections in Chapter 21.26 of the Carisbad Municipal Code is amended to read as follows: 21.26.010 Permitted uses. 21.26.013 Outdoor dining (incidental). -7- 10 SECTION XVlll: That Section 21.26.013 of the Carlsbad Municipal Code is amended to read as follows: 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 Sideyards. 21.26.060 Placement of buildings. 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 sen/es 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 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 (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 ^4 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. The maximum area provided for outdoor dining (incidental) shall be limited to a maximum of four hundred square feet; 8. Outdoor dining areas shall not be located where the incidental outdoor dining 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 ofthe city planner); 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. 26 amended to read as follows: 27 21.26.030 Building height. 28 1 A. Except as othenA/ise 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. 2 B. Purely architectural features such as flagpoles, steeples or architectural towers may be permitted to a maximum of forty-five feet through approval of a minor site development 3 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 floor 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. 11 12 13 14 15 16 SECTION XX: That the list of sections in Chapter 21.27 of the Carisbad Municipal Code is amended to read as follows: 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. SECTION XXI: That the row for "Child day care center" in Table A of Section 21.27.020 ofthe Carisbad 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 19 20 SECTION XXII: That Sections 21.27.040 and 21.27.050 of the Carisbad jy Municipal Code are amended to read as follows: i; 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. 21.27.050 Development standards. A. The following development standards shall apply to all new construction, 21 development or subdivision in the O zone: 1. Lot Area. The minimum area of any newly created lot shall be ten thousand 22 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 23 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. 24 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. 25 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 26 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 -9-10 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 flagpoles, 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 floor area; 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: Driveways/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 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 A.S 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. 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 aiandscape and 10- 1 irrigation plan for the approval of the city planner. All approved improvements shall be installed prior to 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 of this 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 underthe 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. Exterior lighting is required for all employee and visitor parking areas, 17 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 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 9^ 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. 27 28 -IT 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 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 XXIll: That Section 21.28.030 of the Carisbad 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 10 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 ^2 Chapter 21.06 of this title, provided that: a. The project complies with the provisions of subsection 8.3 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 flagpoles, 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 floor area; Do not accommodate and/or screen building equipment; Do not adversely impact adjacent properties; and iv. Are necessary to ensure a building's design excellence. 17 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 subsection B.3 of this section. b. The allowed height protrusions as described in Section 21.46.020 do not exceed 2Q the height authorized by the decision-making authority. c. The decision-making authority finds that: 21 i. The height ofthe 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 Carisbad Municipal Code is 25 amended to read as follows: 26 21.30.030 Building height. 15 16 18 19 27 28 •12- 1 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 2 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: 3 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 of this title, provided that: a. The project complies with the provisions of subsection B.S 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 flagpoles, 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 floor 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 of this title, 10 provided that: a. The project complies with the provisions of subsection B.S of this section. 11 b. The allowed height protrusions as described 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 ofthe building(s) will not adversely affect surrounding properties; and 13 jj The building(s) will not be unduly disproportional to other buildings in the area; S. 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. SECTION XXV: That Section 21.30.070(5) of the Carisbad Municipal Code 10 ly is amended to read as follows: Jg (5) The site size, location, landscaping and furniture required above shall be approved as part ofthe required discretionary action (tentative map, site development plan, 19 planned unit development, etc.) 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 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 Carisbad 22 Municipal Code is amended to read as follows: 23 21.31.010 Intent and purpose. 21 31.020 Definition: local shopping center. 24 21.31.030 Permitted uses. 25 21.31.040 Site development plan for new local shopping centers. 21.31.050 Redeveloping, remodeling, and expanding existing shopping centers. 26 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. -13- H 1 21.31.080 Development standards. 21.31.090 Severability. 2 3 4 5 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 of the Carisbad general plan; 5 SECTION XXVlll: That the row for "Outdoor sales of seasonal agricultural 7 goods" in Table A of Section 21.31.030 of the Carisbad Municipal Code is amended to read as follows: 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 designation. 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 floor area with a cumulative total of less than one thousand square feet; 27 28 SECTION XXIX: That Sections 21.31.040 and 21.31.050 of the Carisbad Municipal Code are amended to read as follows: -14-IS 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. 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. SECTION XXX: That Section 21.31.055 of the Carisbad 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 described in Section 21.46.020 do not exceed a height of forty-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 decision- making authority finds that the protruding architectural features: Do not function to provide usable floor area; and i. Do not adversely impact adjacent properties; and ii. 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 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 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- 1 f. Public recreational facilities or outdoor eating areas as authorized 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 ofthe common lot line that bounds the front yard ofthe 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 ribbon 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 rights-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 Chapter 21.44 of this 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 floor area, or portion thereof. Credit towards the required amount of floor 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 ^8 patrons, comprising at least six hundred square feet. 2 The area shall be easily accessible to the employees of the local shopping 19' 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 of the 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 title. Signs for sites not subject to a site development plan shall be subject to all other provisions of Chapter 21.41 (Sign Ordinance). M. 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 25 development plan and the parameters of operation shall be called out. 27 -16- in 24 25 1 SECTION XXXll: That Section 21.32.050 of the Carisbad 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 described 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.3 of this section, 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 flagpoles, 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 floor area; 1. Do not accommodate and/or screen building equipment; ii. Do not adversely impact adjacent properties; and v. Are necessary to ensure a building's design excellence. 2. Building height above forty-five feet may be permitted through approval of a site ^2 development plan processed in accordance with the provisions of Chapter 21.06 of this title, provided that: 13 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 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 15 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. 10 11 SECTION XXXIll: That Section 21.32.060(5) of the Carisbad Municipal Code is amended to read as follows: 18 19 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 prior to the issuance 23 of any building permits. 24 SECTION XXXIV: That the list of sections in Chapter 21.34 of the Carisbad 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 17- (0 21 34.070 Development standards. 21 34.080 Design criteria. 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: SECTION XXXVl: That Section 21.34.060 of the Carisbad Municipal Code is 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 ^ this title; except that notice of the application for a minor site development plan, required pursuant to Section 21.06.060 ofthis title, shall not be required for development in the P-I 10 zone, unless the applkiation includes a request to exceed the permitted building height pursuant to Section 21.34.070.A ofthis chapter. 11 B. If the applicant contemplates the construction of the project in phases, the minor ^2 site development plan application shall so state and shall include a proposed phasing schedule. 13 j4 repealed j^ SECTION XXXVll: That Section 21.34.070 ofthe Carisbad Municipal Code is 15 amended to read as follows: iy 21.34.070 Development standards. All industrial projects shall comply with the following development standards: 18 A. Building Height. 19 1. Except as othenA/ise provided in this section, 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 described in Section 21.46.020 do not exceed a height of forty-five feet; with the exception of architectural features such as flagpoles, 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 floor 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. 27 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 ofthis 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 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 driveway 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. 12 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 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 interior side yards shall have a minimum setback of ten 15 feet which shall be entirely landscaped and irrigated. 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. 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 ofthe 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 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 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 chapter and that the reduction of the lot area does not create adverse impacts to surrounding properties. ^•^ 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 requiring 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 ofthe city's street improvement standards and further provided that the permit is processed concurrently with a subdivision map. 24 25 26 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 28 The width of private streets shall not be less than the minimum standards of this 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 privacy 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 ofthe 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. 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 XXXVlll: That Section 21.34.110 of the Carlsbad Municipal Code is repealed. SECTION XXXIX: That Section 21.34.130 of the Carisbad Municipal Code is amended to read as follows: 21.34.130 Final planned industrial 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 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 -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 industrial 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. 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 substantial 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 amended to read as follows: 21.34.140 Certification of occupancy. 11 12 13 14 15 16 ..... A certification of occupancy shall not be issued for any structure requinng a minor site 17 development plan pursuant to this chapter until all improvements required by the minor site development plan have been completed to the satisfaction ofthe city engineer, city planner and 18 the community and economic development director. 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 24 25 26 NOTICE OF LIEN Pursuant to Chapter 21.34, Title 21, of the Carlsbad 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 thejDurpose of abating a public nuisance and enforcing compliance with the terms of said minor site 27 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 Carisbad does hereby claim a lien upon said real 2 property until the same sum with interest thereon at the maximum 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 Carisbad, County of San Diego, State of California, particulariy 4 described as follows: (Description of Property) 23 27 28 Dated this day of , 20_ ., City Clerk, City of Carisbad SECTION XLIl: That the list of sections in Chapter 21.35 of the Carisbad Municipal Code is amended to read as follows: 21.35.010 Intent and purpose. 10 21.35.015 Village redevelopment plan expiration. 21.35.020 Incorporation of village master plan and design manual by reference. 11 21.35.030 Land affected by this chapter. 21.35.040 Permitted uses. 12 21.35.050 Provisional uses. 21.35.060 General regulations. 13 21.35.070 Village review permit. 21.35.080 Village review projects. 14 21.35.085 Application and fees. 21.35.087 Notices and hearings. 15 21.35.090 Decision-making authority. 21.35.100 Announcement of decision and findings of fact. 16 21.35.110 Effective date and appeals. 21.35.115 Expiration, extensions and amendments for village review permits. 17 21.35.120 Findings of fact. 21.35.130 Variances. 21.35.140 Compliance with other provisions ofthis code. 21.35.150 Amendments to the village master plan and design manual. 18 19 20 21 22 21.35.070 Village review permit SECTION XLIll: That Section 21.35.070 of the Carisbad Municipal Code is amended to read as follows: Unless specifically exempt pursuant to Section 21.35.080 of this chapter, no building permit or other entitlement shall be issued for any development or use in the V-R zone unless 24 there is a valid village review permit approved for the property. 25 SECTION XLIV: That Section 21.35.080 of the Carisbad Municipal Code is 26 amended to read as follows: -22- 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) Interior or exterior 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 floor 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 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 footprint 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 17 (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 19 (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 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 for projects that do not qualify as an administrative village review project and/or involve 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 permit is required for 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. 24 25 26 27 28 SECTION XLV: That Section 21.35.085 of the Carisbad Municipal Code is amended to read as follows: 21.35.085 Application and fees. -23- 1 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 2 application shall: 1. Be made in writing on a form provided by the city planner; 3 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 the powers vested in the city as represented by the planning commission and the city council. 9 SECTION XLVI: That Section 21.35.087 is added to the Carisbad Municipal 10 Code as follows: 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 ofthis title. SECTION XLVII: That Sections 21.35.090 through 21.35.115 ofthe Carlsbad Municipal Code are amended to read as follows: 14 15 16 21.35.090 Decision-making authority, jy A. Exemption determination. 1. After the application has been accepted as complete, the city planner shall 1 g determine if the project is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required for a project which is exempt from the requirements of 19 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 ofthe project, and a brief description ofthe 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 hiay 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- P5 1 b. The city planner may approve or conditionally 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, of the circumstances of the particular case, and evidence presented at the public 8 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 title 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 writing in accordance with the provisions of Section 21.54.120 of this title. 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 of this title. 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 Expiration, 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 of this title. 20 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 22 amended pursuant to the provisions of Section 21.54.125 of this title. 23 SECTION XLVIll: That Section 21.35.117 of the Carlsbad Municipal Code is 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- 1 A. No determination or 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 2 project, that the project is consistent with this code, the general plan, and the village master plan and design manual. 3 21.35.130 Variances. 4 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. 5 6 7 18 20 SECTION L: That Section 21.35.150 of the Carlsbad Municipal Code is amended to read as follows: 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 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. SECTION Ll: That the list of sections in Chapter 21.37 of the Carisbad ll 12 Municipal Code is amended to read as follows .4 21.37.010 Intent and purpose. 21.37.020 Permitted uses, jr 21.37.030 Permit required. 21.37.040 Application and fees. j5 21.37.050 Decision-making authority. 21.37.060 Announcement of decision and findings of fact, ly 21.37.070 Effective date. 21.37.075 Extensions, expiration and amendments. 21.37.080 Final mobile home park plan. 21.37.090 Design criteria. j9 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 -26- 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, forthe preservation and maintenance ofthe 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 time 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 city 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. ^8 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 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 SECTION Llll: That Section 21.37.075 is added to the Carisbad Municipal 24 Code as follows: 25 21.37.075 Expiration and extensions and amendments. A. The expiration period for an approved mobile home park permit shall be as 26 specified in Section 21.58.030 of this title. B. The expiration period for an approved mobile home park permit may be extended 27 pursuantto Section 21.58.040 of this title. C. An approved mobile home park permit may be amended pursuant to the 90 -27- P% 1 provisions of Section 21.54.125 of this title. 2 SECTION LIV: That the list of sections in Chapter 21.38 of the Carisbad 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 hearings. Decision-making authority. ^ 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. Additional standards. ^2 21.38.141 Additional standards—Rancho La Costa, Batiquitos Lagoon Watershed. Undeveloped areas of existing planned communities. 14 15 17 18 27 28 SECTION LV: That Section 21.38.050 of the Carisbad Municipal Code is amended to read as follows: j5 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 19 general outline of the proposal. 3. After review, the city planner shall provide the applicant with written comments, 20 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. -28- 20 SECTION LVIl: That Sections 21.38.070 through 21.38.120 ofthe Carisbad 1 SECTION LVI: That Section 21.38.060(B) of the Carisbad 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 of the 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 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 of the 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 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 1 ^ 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 j4 Municipal Code are amended to read as follows: ^r 21.38.070 Notices and hearings. A. Notice of an application for a master plan shall be given pursuant to the j5 provisions of Sections 21.54.060.A and 21.54.061 ofthis title. iy 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 19 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. 21 2. The city council shall hear the matter, and after considering 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 hearing, 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 -29- 30 1 1. The proposed development as described 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. 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 17 18 25 26 27 28 21.38.110 Reserved. 21.38.120 Amendment of master plan. A. An approved master plan may be amended pursuant to the following: 1. An application to amend a master plan shall be submitted in accordance with 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 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 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. 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. SECTION LVlll: That the list of sections in Chapter 21.40 of the Carisbad Municipal Code is amended to read as follows: 21.40.010 Intent and purpose. -30- 3\ 1 2 3 4 5 6 7 8 9 10 11 12 13 „ Unless specifically exempted from the requirements ofthis chapter, no building permit or other entitlement 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 Carisbad Municipal Code are amended to read as follows: 15 16 17 18 19 20 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 corridor 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. 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 new land coverage of less than two hundred square feet and does not increase the height of the ^1 existing structure; (3) The repair or reconstruction of an existing nonconforming structure that is 22 destroyed by fire or other disaster to no more than fifty percent of the structure's original value. 23 21.40.060 Application and fees. A. 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: 1. Be made in writing on a form provided by the city planner; 25 2. State fully the circumstances and conditions relied upon as grounds for the application; and 25 3. Be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the city planner. 2y 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. -31- 3^2-28 I., 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 of this 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 title are found to exist. 9 SECTION LXl: That Section 21.40.085 is added to the Carisbad Municipal 10 Code as follows: 11 21.40.085 Findings of fact and decision considerations. 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, historical or cultural qualities of the property. 16 B. Decision considerations. 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: 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 entrance to the city, the development standards of the proposed use should deal with preserving the integrity of that amenity. 20 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 ofthe proposed 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; ii. Open space areas which assist in defining neighborhood, district and city identity; iii. Unique topographical features or natural rock outcroppings and otfier notable landmarks; iv. Areas of significant historical value; V. Prime vista sites; vi. Scenic and historical corridors. 23 24 25 26 27 28 -32- 1 SECTION LXll: That Section 21.40.090 of the Carisbad 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 writing in accordance with the provisions of 5 Section 21.54.120 of this title. 6 SECTION LXlll: That Section 21.40.095 is added to the Carisbad Municipal 7 Code as follows: 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 of this title. 10 SECTION LXIV: That Section 21.40.100 ofthe Carlsbad 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. 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 ofthis title. 16 SECTION LXV: That Section 21.40.130 ofthe Carlsbad Municipal Code is 17 amended to read as follows: ^8 21.40.130 Reserved. 19 SECTION LXVl: That Section 21.40.140 of the Carisbad Municipal Code is repealed. 21 SECTION LXVII: Thatthe list of sections in Chapter 21.41 ofthe Carisbad Municipal Code is amended to read as follows: 23 24 25 26 27 -33- 3H 20 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 Application and permit procedures. 21 .41 .060 Sign programs. 21 .41 .070 General sign standards. 17 18 19 20 21 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 permit revocation or sign removal 21 .41 130 Nonconforming signs. 21 .41 140 Remedies and penalties. 21 .41 .150 Violations. 21 .41 160 Severability. 1 2 3 4 5 6 7 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, 10 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. 12 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. 13 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: ^6 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 indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points and 22 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 23 or premises. d. Any structural information and plans necessary to ensure compliance with the 24 latest adopted building code and electrical code. 4. At the time of filing the application, the applicant shall pay the sign permit and 25 plan checking fee (if applicable) contained in the most recent fee schedule adopted by the city council. 25 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 27 set forth in the application and the circumstances of the particular case. 28 -34- 35 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 conditions 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 application 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 originally granted. 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 supersede the 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 substitution provisions ofthis chapter. Section 21.41.025(2). Sign program design standards do ^8 not apply to noncommercial messages and substitution of noncommercial messages is subject to owner's consent. 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 pursuant to Chapter 21.06 of this code and (4) planned industrial or office parks of greater than twenty-five acres in area. 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 which the sign is 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 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 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 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 27 28 -35-3fe 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. Computation 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, material 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 time 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 title 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 authority. 16 2. An approved sign program may be amended pursuant to the provisions of Section 21.54.125 of this 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. 18 19 20 21 22 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 ofthe holder thereof to comply with the provisions of this chapter after 23 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 24 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 25 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 26 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 27 removed by the permittee, owner or person in charge of the sign upon written notice by the city planner. Such written notice shall specify the nature ofthe violation, order the cessation thereof -36- 31 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 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 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 original 10 notice. 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 ofthe 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 ofthe 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. 1 ^ 21.41.125 Appeal of permit revocation or sign removal. A. Any person seeking to appeal a decision of the city planner in revoking a sign ^ 8 permit or ordering the removal of a sign, must file a written notice of appeal in accordance with the provisions of Section 21.54.140 ofthis title. 19 2Q SECTION LXX: That the list of sections in Chapter 21.42 of the Carisbad 21 Municipal Code is amended to read as follows 22 23 24 25 26 27 28 21 42 010 Purpose. 21 42 020 Reserved. 21 .42 030 Findings of fact. 21 .42 040 Conditions which may be added prior to granting 21 .42 050 Application and fees. 21 .42 060 Notices and hearings. 21 .42 070 Decision-making authority. 21 .42 080 Announcement of decision and findings of fact. 21 .42 090 Reserved. 21 .42 100 Effective date and appeals. 21 .42 110 Expiration, extensions and amendments. 21 .42 120 Revocation. •37-38 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 Section 21.42.030.A of the Carisbad 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 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 sen/ing the proposed use is adequate to properiy handle all traffic generated by the proposed use. SECTION LXXIll: That Sections 21.42.050 through 21.42.130 ofthe Carisbad Municipal Code are amended to read as follows: 9 10 11 12 13 14 15 16 17 21.42.050 Application and fees. 18 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 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 application; 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. 23 21.42.060 Notices 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 ofthis title. 25 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 ofthis title. 26 21.42.070 Decision-making authority. 27 -38- 3q 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, conditionally 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 title are found to exist. 2. Process Two. 7 a. An application for a conditional use permit subject to process two may be approved, conditionally approved or denied by the planning commission 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. 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 of the 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 application 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 conditional use permit if all of the findings of fact in Section 21.42.030 of this title are found to exist. 16 ^ ^ 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 writing in accordance with the provisions of Section 21.54.120 ofthis title. 18 19 20 23 24 25 26 27 28 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 ofthis title. 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 ofthis title. C. Decisions of the city 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, extensions and amendments. A. Expiration of Permit if Not Exercised. The expiration period for an approved minor conditional use permit or conditional use permit shall be as specified in Section 21.58.030 of this title. •39-MO 1 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 2 of this title. C. Expiration of Permit. Such rights and privileges granted under a minor conditional 3 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 4 conditional use permit. D. All existing conditional use permits approved prior to February 21, 2006, which 5 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 6 conditional use permit. E. An approved minor conditional use permit or conditional use permit may be 7 amended pursuant to the provisions of Section 21.54.125 of this title. 8 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 pursuantto Sections 21.54.140 and 21.54.150 of this title. F. A minor conditional use permit or conditional use permit may be revoked or 16 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 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 conditional use permit is being or recently has been exercised contrary to any ofthe 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 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: 25 vi. Such facilities shall also require a minor site development plan pursuant to Chapter 21.34 of this title. 27 " 2^ -40- M\ 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 Carisbad Municipal Code are amended 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 for 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 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 ofthe 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 of the 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 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). Ifthe provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply- -4T 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 Carlsbad 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 conditioned 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 private passenger vehicles. 4 5 6 7 8 9 10 J J SECTION LXXVIl: That the list of sections in Chapter 21.45 of the Carisbad 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 Application and permit. General development standards. 16 21.45.070 Development standards for one-family dwellings and twin-homes on small 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. Restriction on reapplication for planned development permit. 22 23 24 SECTION LXXVlll: That Section 21.45.050 of the Carisbad Municipal Code is amended to read as follows: 21.45.050 Application 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 b. State fully the circumstances and conditions relied upon as grounds for the -42- ^3 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 application for a condominium project shall require approval of architecture and plotting concurrent with the approval of the 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 time of filing the application, the applicant shall pay the application 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. Table B Processing Procedures 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, Sections 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, Section 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, Sections 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 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. 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- 1 ii. Includes the use of harmonious materials and colors, and the appropriate use of landscaping; and 2 iii. Achieves continuity among all 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 ofthe 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 ofthis chapter; and 5 b. The proposed modification(s) will result in the presen/ation of natural habitat as required by the Carisbad 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 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 cleariy 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, orto 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 of this title, except that project revisions specified in subsection B of this section shall not require an amendment. B. Amendment exceptions. 1. A project revision shall not be required to obtain an amendment to an existing 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); 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 underiying residential land use designation of the 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.); 24 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); 25 f The proposed revision does not create changes of greater than ten percent, provided that compliance will be maintained with the applicable development standards ofthis 26 code as follows: i. Per individual lot or structure basis: Building floor area, coverage or height 27 (except that height reductions of more than ten percent are permitted); 18 19 20 21 22 23 28 -44-^5 1 ii. On an aggregate project basis: Parking, open space, recreation or landscaping areas; 2 g. The proposed revision is architecturally compatible with existing structures within the development. 3 4 5 6 7 9 10 11 12 13 SECTION LXXX: That Section 21.45.120 of the Carisbad 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 Carisbad Municipal Code is amended to read as follows: Height of buildings on through lots. Allowed protrusions above height limits. Regulations. Modification of side yard requirement on combined lots. When more than one main building exists. Formula for yard requirements. Modification of required front yards. Property abutting half-streets. Measurement of front yards. Vision clearance, corner and reversed corner lots. 14 21.46.110 Dwellings and apartments above stores. 21.46.120 Permitted intrusions into required yards. J 5 21.46.130 Walls, fences or hedges. 21.46.140 Trees, shrubs and flowers. j5 21.46.150 Multiple or row dwellings fronting upon a side yard. 21.46.160 Multiple or row dwellings rearing upon a side yard, jy 21.46.170 One building on a lot or building site. Through lots. Lot area not to be reduced. Greater lot area than prescribed. 21 .46 010 21 .46 020 21 .46 030 21 .46 040 21 .46 050 21 .46 060 21 .46 070 21 .46 080 21 .46 090 21 .46 100 21 .46 110 21 .46 120 21 .46 130 21 .46 140 21 .46 150 21 .46 160 21 .46 170 21 .46 180 21 .46 190 21 .46 200 SECTION LXXXll: That Section 21.46.060 of the Carisbad Municipal Code is amended to read as follows: 18 19 20 21 21.46.060 Formula for yard requirements. 22 The city planner may adopt a formula or establish standard practices by which to determine appropriate and practical yards in all residential zones where geometric shape and 23 dimensions and topography are such as to make the literal application of required yards impractical. Afterthe 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 Carisbad Municipal Code is 26 amended to read as follows: 27 21.46.120 Permitted intrusions into required yards. -45- q-b 1 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: 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) Stairways, balconies and fire escapes; (4) Uncovered porches and platforms which do not extend above the floor 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 Carisbad Municipal Code is amended to read as follows: 9 10 11 12 13 14 15 16 17 18 j9 SECTION LXXXV: That Section 21.47.020 of the Carisbad Municipal Code is 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 Sections 21.47.040 through 21.47.070 of the Carisbad 27 Municipal Code are amended to read as follows: Ml 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 existing buildings to nonresidential 21 .47 100 Expiration, 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. 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 authorized 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 conditions 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 description of the property involved and all other materials as specified by the city planner. 6 5. Be accompanied by a tentative 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 application shall so state and shall include a proposed phasing 8 schedule; 7. If the applicant proposes to convert existing buildings to a nonresidential planned 9 development, the plans shall reflect the existing buildings and show all proposed changes and additions. 10 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. 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. Notice of an application for a nonresidential planned development permit for five 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 nonresidential 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 18 (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 hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title. 20 The city planner may approve or conditionally 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. 2. Nonresidential 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 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. 24 b , The planning commission shall hear the matter, and may approve or conditionally 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. 25 26 27 28 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: -47- 1 1. The granting ofthis 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 2 and other governmental agencies; 2. The proposed use at the particular location is necessary and desirable to provide 3 a sen/ice or facility which will contribute 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 underiying zone, except for lot area; 5. In granting a nonresidential 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 21 22 23 24 25 26 27 28 SECTION LXXXVll: That Sections 21.47.071 and 21.47.072 ofthe Carlsbad Municipal Code are repealed. SECTION LXXXVIII: That Sections 21.47.073 and 21.47.075 of the Carisbad Municipal Code are amended to read as follows: 21.47.073 Announcement of decision and findings of fact. A. When a decision on a nonresidential 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 ofthis 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 ofthis ^8 title. 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 ofthis title. B. The expiration period for an approved nonresidential planned development permit may be extended pursuant to the provisions of Section 21.58.040 ofthis title. C. An approved nonresidential planned development permit may be amended pursuant to the provisions of Section 21.54.125 of this title. 21.47.110 Reserved. 21.47.120 Resen/ed. 21.47.130 Resen/ed. -48- 4^ 9 SECTION XC: That Section 21.48.050.C.1 ofthe Carlsbad Municipal Code is amended to read as follows: 1. A nonconforming residential structure and/or a nonconforming residential use 4 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.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 IQ 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 11 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 application 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 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 16 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 17 Section 21.48.080.D prior to the date ofthe demolition. 18 SECTION XCIII: That Section 21.48.060.C.1 ofthe Carisbad Municipal Code 19 is amended to read as follows: 20 l.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. 22 23 24 25 26 27 28 SECTION XCIV: That Section 21.48.060.D.1 ofthe Carlsbad Municipal Code is amended to read as follows: 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 of the date of the disaster and the city planner approves the findings of fact pursuant to Section 21.48.080.D. -49-5D 1 SECTION XCV: That Section 21.48.060.E.1 ofthe Carlsbad Municipal Code 2 is amended to read as follows: 3 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 4 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 prior to the 5 date of the demolition. 6 SECTION XCVl: That Sections 21.48.080 and 21.48.090 of the Carisbad 7 11 12 13 15 16 27 28 Municipal Code are amended to read as follows: 21.48.080 Nonconforming construction 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: ^0 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 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. 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. ,4 B. Notices and hearings. 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 of this title. 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 jy 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 of this title. 2. The city planner may approve or conditionally approve the nonconforming 19 construction permit if all of the findings of fact in Section 21.48.080.D of this title are found to exist. 20 D. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts 21 are found to exist in regard thereto: a. The expansion/replacement of the structure and/or use would not result in an 22 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) ofthis chapter. 24 c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18. 25 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 26 neighborhood in which it is located. E. Announcement of decision and findings of fact. -50- S\ 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 Section 21.54.140 ofthis title. 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 Section 21.54.125 of this title. 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 period 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 Section 6.16.150 of the Carisbad Municipal Code. B. Notices and hearings. 17 1 Notice 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 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. 2. The owner or lessee shall be allowed to present any evidence related to the case. 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. D. Hearing 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. 1. The secretary of the planning commission shall formally notify the owner of the property ofthe action ofthe planning commission by mailing a copy ofthe resolution, via 25 26 27 32- 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. Recordation. 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 Sections: 10 21.50.010 Intent and purpose. 21.50.020 Application and fee. 1^ 21.50.030 Notices and hearings. 21.50.040 Decision-making authority. ^2 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. 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 obsen/ed, public safety and welfare secured and substantial justice done. B. The purpose of any minor variance or variance shall be to prevent discrimination, 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. 17 18 19 21 9Q 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 application shall: 22 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 23 application; and 3. Be accompanied by adequate plans, which allow for detailed review pursuant to 24 this chapter and demonstrate compliance with the requirements of this chapter, a legal description ofthe property involved and all other materials as specified by the city planner. 25 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. 26 21.50.030 Notices and hearings. 27 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. 28 -52-5^ 1 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 title. 2 21.50.040 Decision-making authority. 3 A. Minor variances. 1. The city planner may approve, conditionally approve or deny a minor variance for 4 the following: a. Modifications of distance or area regulations, provided such modification does 5 not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; 6 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 7 to permanent open space areas. b. Modifications of the minimum lot width regulations, provided such modification 8 does not result in a lot width less than fifty feet; c. Walls or fences to exceed heights permitted by the zoning regulations; 9 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 ofthe 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, of the circumstances of the 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 ofthis 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 ofthis 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 application, 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 ofthis 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, location or surroundings, the strict application ofthe zoning ordinance deprives such property of privileges 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; 2-^ 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 addition, in the coastal zone, that the minor variance or variance is consistent 2y 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. -53- aA 1 21.50.060 Announcement of decision and findings of fact. A. When a decision on a minor variance or variance 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 title. SECTION XCVlll: That Chapter 21.51 of the Carlsbad Municipal Code is repealed. SECTION XCIX: That Chapter 21.52 of the Carlsbad Municipal Code is amended to read as follows: 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 Section 21.54.140 ofthis title. 5 B. Decisions on variances shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title. 6 21.50.080 Expiration, extensions and amendments. 7 A. The expiration period for minor variances and variances shall be as specified in Section 21.58.030 of this title. B. The expiration period for an approved minor variance or variance may be extended pursuant to Section 21.58.040 of this title. 9 C. An approved minor variance or variance may be amended pijrsuant to the provisions of Section 21.54.125 of this title. 10 11 12 13 14 15 16 .. Sections: 17 21.52.010 Purpose. 21.52.020 Amendment initiation. 18 21.52.030 Application and fees. 21.52.040 Notices 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 of the California Coastal Act. 25 21.52.020 Amendment Initiation. 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; CHAPTER 21.52 AMENDMENTS 28 -54-35 1 2. Resolution of intention ofthe city council; 3. Resolution of intention of the planning commission; 2 4. The city planner. 3 21.52.030 Application and fees. A. An application to amend this title, 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 application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 7 C. If the application is applicable to a specific parcel(s) of land, the application shall be made by the owner of the property affected or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the city. In addition to the provisions of subsection A ofthis Section, such applications shall also include: 9 1. Adequate plans and a legal description of the property involved. 10 21.52.040 Notices and hearings. A. Notice of an application to amend this title, 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 title, 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 conditionally 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 recommendation 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 discretion, may 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. 22 23 24 25 26 27 21.52.060 Announcement of decision and findings of fact. A. When a decision 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 of this title. 21.52.070 Effectivedale. 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). 28 Sic 1 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 2 Coastal Commission, pursuant to Section 30514 of the Public Resources Code. 3 SECTION C: That Section 21.53.040 of the Carisbad Municipal Code is 4 amended to read as follows: 5 21.53.040 Clarification 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. ^ SECTION Cl: That Sections 21.53.085 and 21.53.090 of the Carisbad 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 oniy as 14 permitted by the underiying zone. ^r 21.53.090 Temporary real estate office. In any newly created subdivision, the subdivider or his assignee may operate a 15 temporary real estate office for the purpose of selling lots in the subdivision only. Such use shall cease no later than the date of the close of escrow of the final home in the subdivision. 12 13 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 28 -56- 1 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 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. Compatibility 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. Additional 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 conditions as deemed necessary to ensure conformity with the 12 general plan and other adopted policies, goals or objectives of the city. C. In addition the decision-making authority may require that the developer provide 13 public improvements either on or off the subject site as are needed to sen/e the proposed development or to mitigate public facilities needs or impacts created by the project. 14 15 16 17 18 19 SECTION Clll: That Section 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 20 permitted pursuant to Section 21.95.140.B ofthis code; (5) Significant wetlands; 21 (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; 22 (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 Carisbad 25 Municipal Code is amended to read as follows: 26 21.54.010 Review and approval/denial of applications. 21.54.020 Resen/ed. 27 21.54.030 Resen/ed. 28 -57-53 21.54.040 Decision-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. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Resen/ed. 21.54.080 Investigations. 21.54.090 Rule establishment for conduct of hearings. 21.54.100 Hearing continuance without public notice. 21.54.110 Permanent files shall include summary of testimony. 21.54.120 Announcement of decision and findings of fact. 21.54.125 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. 10 SECTION CV: That Sections 21.54.010 through 21.54.061 ofthe Carisbad 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 ofthe California Government Code). 14 B. Application form. 1. The city planner shall prescribe the form of applications for the development 15 permits or approvals and applications 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 application shall be accepted unless it is in the proper form and contains all required information. 18 c. Signatures on applications. 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 are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been sen/ed upon them ofthe 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. 22 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 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 2y accepted until the appropriate fee or fees have been paid. F. Application completeness. 5^ 24 26 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 appropriate 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 of the application which are 5 incomplete and shall indicate the manner in which the application can be made complete, including a list and description ofthe 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 application 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. If an application is withdrawn or deemed withdrawn a new application must be submitted. 4. Within thirty days of any resubmittal of an application 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 application and shall immediately transmit the determination to the applicant. 5. If an application, together with the submitted materials, 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 pursuantto 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 Code, unless an extension of time is mutually agreed to by the applicant and city pursuant to Government Code section 65957. H. Permit Streamlining Act not applicable to legislative actions. I. 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. 20 21 22 23 24 26 27 28 21.54.020 Resen/ed. 21.54.030 Resen/ed. 21.54.040 Decision-making authority for multiple development permits. A. For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Titles 20 or 21 ofthis code, or pursuant to any applicable master, specific, or redevelopment plan. B. For purposes of this section, "city planner" shall be interchangeable with "city engineer" and "housing and neighborhood sen/ices director", and "city council" shall be interchangeable with "housing and redevelopment commission". C. When multiple development permits are processed concurrently for a proposed project, the decision-making authority for all such development permits shall be as follows: -59- (iO 1 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 2 include a development permit that requires a decision from the planning commission or city council. 3 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 ofthis 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 Setting 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 additional 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 Sections 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 Section 21.54.010 above do not apply to legislative actions and likewise does not require that permit applications be deemed 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 legislation. 21.54.060 Notices of applications and hearings. A. Noticing of public hearings. 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 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: i. The project applicant and/or the applicant's representative; ii. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or sen/ices 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 ofthe 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 -60- \ 22 23 24 25 26 27 28 13 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 sen/ice. 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 hearing 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. 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 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: The owner of the subject real property or the owner's duly authorized agent; The project applicant and/or the applicant's representative; 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 office ofthe California Coastal Commission. This requirement applies to minor coastal development permits only. 19 V. 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 costs of providing this sen/ice. Each request shall be annually renewed. 2. Once notice has been given in accordance with Section 21.54.060.B.1, any 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 notice at least five calendar days prior to the date of the 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, entitlement, or action that requires 25 a public hearing. 21.54.061 Content of notice. 24 25 27 28 -61- 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. 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. C. Notice given pursuant to Section 21.54.060.B shall include a statement that an administrative hearing shall be held upon written request. SECTION CVI: That Section 21.54.062 of the Carisbad Municipal Code is 10 repealed. 11 SECTION evil: That Section 21.54.064 and 21.54.070 of the Carisbad 12 Municipal Code are amended to read as follows: 13 21.54.064 Applicant's responsibilities. A. The applicant for any action requiring a notice of public hearing or notice of 14 administrative permit pursuant to the provisions of Section 21.54.060 of this title shall provide the city with public notification materials (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 20 21.54.070 Resen/ed. SECTION CVIll: That Section 21.54.120 of the Carlsbad Municipal Code is amended to read as follows: 21.54.120 Announcement of decision and findings of fact. A. When a decision is made pursuant to this title an announcement of the decision 21 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 resolution. 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 •62-6S 1 the approval or denial of the permit necessary to carry out the provisions and general purpose ofthis title; 2 3. Such conditions and limitations 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. 7 SECTION CIX: That Section 21.54.125 is added to the Carlsbad Municipal 8 Code as follows: ^ 21.54.125 Amendments to development permits. A. For purposes of this section, "development permit" means any permit, entitlement or approval required pursuant to Title 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 Section 21.54.042 of this 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 original 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. 10 SECTION CX: That Section 21.54.140 of the Carisbad Municipal Code is amended to read as follows: 17 18 19 21.54.140 Effective date of order—Appeal of city planner or housing and neighborhood 20 services director decisions. A. This section shall apply to those decisions or determinations of the city planner or 21 housing and neighborhood sen/ices director made pursuant to this title or city planner determinations pursuant to Title 19 or Title 20. Accordingly, in this section, "housing and 22 neighborhood sen/ices director" shall be interchangeable with "city planner;" "housing and neighborhood sen/ices department" shall be interchangeable with "planning division;" and 23 "housing and redevelopment commission" shall be interchangeable with "city council." B. Whenever the city planner is authorized, pursuant to this title. Title 19, or Title 20 24 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 .63- (sM 28 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 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 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 practicable. 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 action 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 Carisbad ^2 Municipal Code is amended to read as follows: 1 ^ 21.58.010 Notice of violation for non-compliance with conditions. 21.58.020 Revocation of permits or variance. 21.58.030 Expiration of permits. 21.58.040 Extensions. 1^ SECTION CXII: That Section 21.58.030 of the Carlsbad Municipal Code is jy amended to read as follows: 13 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. SECTION CXlll: That Section 21.58.040 is added to the Carisbad Municipal Code as follows: 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 title. 25 (b) The city planner may administratively, without a public hearing or notice, 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 28 -64- 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 automatically 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 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 granting 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 notice. 20 SECTION CXIV: That the list of sections in Chapter 21.70 of the Carisbad Municipal Code is amended to read as follows: 14 15 16 ,. Authority for adoption—Applicability. 17 21.70.010 Application. Fees and reimbursements. Accounting requirements. Notices and hearings. 1^ 21.70.050 Decision-making authority. Findings of fact. Reserved. Reserved. 21 21.70.090 Resen/ed. Reserved. 21.70.110 Irregularity in proceedings. . Amendment and cancellation of agreement by mutual consent. ^•^ 21.70.130 Recordation. Reserved. 21.70.150 Procedure for periodic review. 21.70.160 Modification or termination. 25 A-rr^ No damages on termination. ^ ,., w.. WW No vesting of rights. 21.70.190 Resen/ation of rights. 27 -65. 7 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 application 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 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, ^ 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 application, 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. 13 16 17 18 19 20 21 22 23 21.70.030 Accounting requirements. 24 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. SECTION CXVI: That Section 21.70.025 of the Carisbad Municipal Code is repealed. SECTION CXVll: That Sections 21.70.030 through 21.70.100 ofthe Carlsbad Municipal Code are amended to read as follows: 28 -66- 1 21.70.040 Notices 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 application 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 application 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 application 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 ofthe planning commission. 15 D. The city council may approve the development agreement only if all the findings of fact in Section 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. ..x * 19 A. The city council shall not approve a development agreement unless it finds that _ _ the agreement: 20 1.1s 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; ••_ . r 2. Is compatible with the uses authorized in and the regulations prescnbed 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; 4. Will not be detrimental to the health, safety and general welfare; 5. Will not adversely affect the orderiy development of property or the presen/ation of property values; 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; 2« -67- fe^ 1 9. Will result in the provision of economic, environmental, recreational, cultural or social benefits to the city which would not be attainable without approval of the agreement. 2 3 4 5 6 7 8 9 10 11 12 13 14 13 SECTION CXX: That Chapter 21.81 of the Carlsbad Municipal Code is 15 repealed. 17 SECTION CXXI: That the list of sections in Chapter 21.83 of the Carisbad 18 Municipal Code is amended to read as follows: 19 21.83.010 Purpose. 21.83.020 Definitions. 20 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 Resen/ed. 21.83.080 Development standards for child day care centers. 23 24 25 27 28 21.70.070 Resen/ed. 21.70.080 Resen/ed. 21.70.090 Resen/ed. 21.70.100 Resen/ed. SECTION CXVIIl: That Section 21.70.140 of the Carlsbad Municipal Code is amended to read as follows: 21.70.140 Resen/ed. SECTION CXIX: That Section 21.70.160 of the Carlsbad Municipal Code is amended to read as follows: 21.70.160 Modification or termination. 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. B. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 21.54.060.A ofthis title. SECTION CXXII: That Sections 21.83.040 through 21.83.070 of the Carisbad Municipal Code are amended to read as follows: 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. •68- I 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 "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 Section 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 ofthis 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 of this 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 LDCPd) X R-3, RD-M, R-P P LDCP(I) MCUP(2)(3) R-T, R-W, RMHP P LDCP (1) 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 conditional 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 (Carisbad 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 of the 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 orthe authorized agent ofthe owner. The application 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 application; and -69-70 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 written 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 writing in accordance with the provisions of Section 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 of this title. 10 5. Expiration, 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 forthe 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 ^ ^ 24 of the California Code of Regulations 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 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. 5. 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. 6. Required garages shall be prohibited for use as a family day care home and shall be utilized for parking two ofthe applicant's onsite vehicles during the daily operation ofthe day care home rather than parking the vehicles on the street or in the driveway. 7. The applicant shall designate the onsite driveway as the official drop-off and pick- up area for children and shall notify parents ofthis requirement. Said driveway shall remain free and clear of parked cars. 8. 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 27 shall be made by the applicant to require employees to park as close as possible to the family day care home. 21 22 23 24 25 28 -70-"7;V 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 ofthis 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 sun/ey of al businesses within one thousand feet ofthe 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 of the 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 planning quantities (TPQs); b. Use or storage of more than ten thousand gallons of flammable liquids; or c. Use or storage of more than one thousand five hundred pounds of flammable 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 risks 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 during 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. Quarteriy 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, 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 authorized to enter into the agreement on behalf of the city. 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 if the conditional use as a child day 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 ofthe subject property. 21 24 25 26 27 28 21.83.070 Resen/ed. -71- 17- 1 SECTION CXXlll: That Section 21.84.040 of the Carisbad 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 Table A 6 " 7 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. 9 10 11 I IV./UOII 1^ IV/I %3WI IIV/I WIIK-WI IW »»H1I IWWI MIIIIW Wl IWWW Wi IW... WW w'...wjww. „ ^ ^ . _ . _ . 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 Carlsbad Village Master Plan and Design Manual, and in P-C zone - applicable master plan) and the provisions of this chapter. SECTION CXXIV: That Sections 21.84.080 and 21.84.090 of the Carisbad Municipal Code are amended to read as follows: 16 17 18 „ 21.84.080 Application process. 19 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 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 footprints, 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 of the 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 -72-73> 14 1 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 Section 21.06.020.B. The 2 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 ofthis chapter. 3 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 4 include the following information: a. If a density bonus or other incentives are requested, a letter shall be submitted 5 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 6 development standards or other additional incentives); b. A detailed vicinity map showing the project location and such details as the 7 nearest market, transit stop, park or recreation center, medical facilities or other related uses and sen/ices likely to be patronized by senior citizens; c. A set of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doonA/ays, hallways, closets and cabinets; 9 d. A floor plan of the first floor or other floor showing any common areas and accommodations; 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 title, 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, conditionally approve or deny: a. The minor site development plan or site development plan, upon a 13 recommendation from the planning commission, and b. The request for financial incentives, upon a recommendation from the housing commission. C. Building permit. At the time 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 indicating counter and cabinet heights and depth, type of pulls, faucets, grab-bars, 16 tub and/or shower dimensions, and handicapped turn space where appropriate. 21.84.090 Findings for approval. 1^ 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^ 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 local coastal program (if applicable), and/or the provisions of an applicable master or specific 9, 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; 2^ 5. The street system serving the proposed project is adequate to properiy handle al traffic generated by the project; and 27 " 28 23 24 25 -73- 1 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 2 a density bonus and/or additional incentives). 3 SECTION CXXV: That Section 21.90.050(c) ofthe Carisbad Municipal Code 4 is amended to read as follows: 5 (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 ofwhich shall be given according to 6 Section 21.54.060.A.2 and Government Code Section 54992. ^ SECTION CXXVI: That Section 21.90.100(c) ofthe Carlsbad Municipal Code 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 Section 21.54.060.A.2 of this code SECTION CXXVll: That Section 21.90.125(a) ofthe Carlsbad Municipal Code 12 is amended to read as follows: j3 (a) Facilities management plans shall be reviewed according to the following procedure: 14 (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 Section 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 priorto the hearing. 18 (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 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 to 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 28 -74- 7'5 24 25 26 27 28 1 HILLSIDE DEVELOPMENT REGULATIONS 2 „ Purpose and intent. 3 21.95.020 Definitions. Applicability of minor hillside development permit and hillside development 4 permit. Exemptions from minor hillside development permit and hillside development 5 permit. Application and fees. 6 21.95.060 Notices and hearings. Decision-making authority. 7 21.95.080 Required findings. Announcement of decision and findings of fact. Effective date and appeals. Expiration, extensions and amendments. 9 21.95.120 Minimum development of hillside lands. Hillside mapping procedures. 10 21.95.140 Hillside development and design standards. Exclusions. 11 21.95.160 Modifications 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 ofthe 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 ofthe land, minimizing the 16 amount of project grading, and incorporating contour grading into manufactured slopes which are located in highly visible public locations; 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 ^8 erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur. 21.95.020 Definitions. 20 The following definitions are established: A. Whenever the following terms are used in this chapter, they shall have the meaning established by this section: 1. "Collector street" means any street with a minimum right-of-way width of sixty feet which 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 Cun/e variations should be used for slope banks. 3. "Development" means grade, erect or construct. 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 of the lot. 5. "Grade" means to excavate or fill or any combination thereof. -75-7b 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 perimeter 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 Section 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 ofthis 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 Section 21.95.140 of this 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 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, utility 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 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 22 23 24 25 26 chapter. 21.95.050 Application and fees. A. An application 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. 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 27 3. Be accompanied by: a. A legal description of the property involved. 28 -76- TH 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 time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 4 21.95.060 Notices and hearings. A. Notice of an application 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. Notice of an application for a hillside development permit shall be given pursuant 6 to the provisions of Sections 21.54.060.A and 21.54.061 of this title. 7 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 application for a hillside development permit may be approved, conditionally 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 conditionally approve the hillside development permit if all of the findings 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 Section 21.95.010 of this chapter; 3. The project complies with Section 21.95.140 ofthis chapter and Section 21.95.160 if a modification to the development and design standards is approved; 23 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-making body shall announce its decision in writing in accordance with the provisions of Section 21.54.120 ofthis title. 21.95.100 Effective date and appeals. -77- 7^ 24 25 26 27 28 1 A. Decisions on minor hillside development permits and hillside development permits shall become effective unless appealed in accordance with the applicable provisions of 2 Sections 21.54.140 and 21.54.150 ofthis title. 3 21.95.110 Expiration, extensions and amendments. A. The expiration period for an approved minor hillside development permit or 4 hillside development permit shall be as specified in Section 21.58.030 of this title. B. The expiration period for an approved minor hillside development permit or 5 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 6 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 7 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 otherwise requires a minor hillside development permit or hillside development permit per Section 21.95.030. 9 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 sen/ices 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 elevation differential greater than fifteen feet. A. Slope Analysis. The slope analysis shall identify the acreage of all natural and 17 manufactured slopes within each of the following slope categories. 1. 0 — less than 15% slopes 18 2. 15 — less than 25% slopes 3. 25 — 40% slopes and 1^ 4. Slopes greater than 40% 5. Percentage of slope is determined by: Vertical Distance 21 (Contour inten/al) x iQQ = % Slope Horizontal Distance (Distance between contour intervals) 16 22 23 24 25 26 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 27 heavy line. Existing topography, structures and infrastructure shall be drawn with a thin or dashed line; 28 -78- 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 sun/eyor 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 of the Carisbad 14 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 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 of ten 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 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 Sections 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. 2-^ (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) ofthe 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 inten/ening 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: ll 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 or modification 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 ofthis 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 > 10,000 cubic yards/acre Unacceptable 23 24 25 26 28 •80- 1. All manufactured slopes shall be landscaped consistent with the city's landscape manual. H. Hillside and Hilltop Architecture. I. 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 underiying 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 inten/ening slopes of split-level pads which are located on a single lot, but do 10 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 Section 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. Exceptions 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 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 with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards. 23 3 Hillside areas that have unusual geotechnical or soil conditions that necessitate ry. corrective work that may require significant amounts of or grading. 24 B. Within the coastal zone, grading for construction of circulation element roadways 25 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 modification to the hillside development and design standards of Section 21.95.140 if it finds 21 27 28 5^ 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 strict 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 presen/ation could not be achieved by strict adherence to the requirements of Section 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 ofthe requested modification. This plan shall also 8 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 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 addition, a detailed mitigation and landscaping plan shall be submitted as part ofthe application. This plan shall illustrate the mitigation 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 presen/e 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 presen/ation could not be achieved by 17 strict adherence to the requirements of Sections 21.95.140(A) and (B) ofthis chapter. ^8 SECTION CXXIX: That the list of sections in Chapter 21.110 of the Carlsbad 19 20 21 Municipal Code is amended to read as follows: 21.110.010 Statutory authorization. 21.110.020 Resen/ed. 21.110.030 Statement of purpose. 22 21.110.040 Methods of reducing flood losses. 21.110.050 Definitions. 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 of the floodplain administrator. 21.110.150 Special use permit. 28 -82- S^? 1 21.110.160 Standards of construction. 21.110.170 Standardsfor 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 9 15 SECTION CXXX: That Section 21.110.050 of the Carlsbad Municipal Code is amended to read as follows: 21.110.050 Definitions. 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 cleariy defined 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 j5 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 2^ occur during the base flood; and b. 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. 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 25 Rate Map (FIRM) as zone VI-30, VE or V. 27 83- 1 9. "Development" means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, 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 sen/icing 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 final site grading or the pouring 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 sen/icing the lots on which the 6 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). 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 ^0 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. .13. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated j4 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 profiles, 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 definition 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, 2Q 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 forthe purpose of flood damage prevention and reduction. 23 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 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 resen/ed 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 purpose unless it is located or carried out in close proximity to water. The term includes only 27 28 -84-65 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 construction 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 Interior) or preliminarily 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 district or a district preliminarily 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 presen/ation programs which have been approved by the Secretary of Interior; or d. Individually listed on a local inventory of historic places in communities with historic presen/ation programs that have been certified either by an approved state program as ^ 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 i. basement (see "Basement" definition). ^ ^ a. 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 1 o design requirements, including, but not limited to: The anchoring standards in Section 21.110.160(1); i. The construction materials and methods standards in Section 21.110.160(2); ii. The wet flood proofing standard in Section 21.110.160(3); and V. 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 floodplain 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 99 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 sen/icing 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. 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. 14 15 23 24 27 28 -85-%\0 10 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 single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light-duty truck; and d Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 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 ofthe ordinance or othenA/ise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. 34. "Riverine" means relating to, formed by, or resembling a river (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 first 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 erection 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 principally 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 ofthe market value ofthe 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" of the 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". 19 20 21 27 28 -86-S1 1 41. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other 2 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 3 documentation is provided. 4 SECTION CXXXl: That Section 21.110.130 ofthe Carlsbad Municipal Code is 5 27 28 amended to read as follows: 6 21.110.130 Designation of floodplain administrator. ^ A. The city engineer is appointed as the floodplain administrator. SECTION CXXXIl: That Section 21.110.135 ofthe Carlsbad Municipal Code is 9 repealed. IQ SECTION CXXXlll: That Section 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 satisfied, including 15 determination of substantial improvement and substantial damage of existing 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 ofthe 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 any point within the City of Carisbad; 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 specified in the "start of construction" definition. 21 2 Advise Decision-Making Authority. The floodplain administrator shall advise the decision-making authority specified 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 2^ 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 of this chapter. Any such information shall be submitted to the city council for adoption. 25 4. Notification of Other Agencies. . a Whenever a watercourse is to be altered or relocated: 2^ j Notify adjacent communities and the California Department of Water Resources prior to the alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; -87- 1 ii. Assure that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained. 2 b. Base Flood Elevation changes due to physical alterations: 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 scientific data to FEMA for a Letter of Map Revision (LOMR). 4 (A) All LOMR's for flood control projects must be approved prior 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 specified in the "start of construction" definition. 6 5. Documentation of Floodplain Development. a. Obtain and maintain for public inspection and make available as needed: 7 i. The certification required in Section 21.110.160(3)(A), floor elevations; ii. The certification required in Section 21.110.160(3)(B), elevations in areas of 8 shallow flooding; iii. The certification required in Section 21.110.160(3)(C), elevations or floodproofing ^ of nonresidential structures; iv The certification required in Section 21.110.160(3)(D), wet floodproofing standard; V. The certified elevation required in Section 21.110.180(b), subdivision standards; 11 vi. The certification required in Section 21.110.200(1), floodway encroachments; vii. The information required in Section 21.110.210(6), coastal construction; and 12 viii. The reports required in Section 21.110.220(d), mudflow standards. 6. Map determinations. a. Make interpretations where needed, as to the exact location of the boundaries of 14 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 1 c 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 15 Section 21.54.140 of this 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 floodplain 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 flood 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 by the 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 28 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 Section 21.110.150(D) ofthis chapter; 5 iv. Description 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. Notices and hearings. 1. Notice of an application for a special use permit shall be given pursuant to the 8 provisions of Sections 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 hearing. 11 2. The planning commission shall hear the matter, and may approve or conditionally approve the special use permit upon the advice of the floodplain administrator and if all of the 12 findings 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 ifthe following findings 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 ^8 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 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 findings 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 writing in accordance with the provisions of Section 21.54.120 of this 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 period for an approved special use permit shall be as specified in 97 Section 21.58.030 of this title. 2. The expiration period for an approved special use permit may be extended -89- 9C\ 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 ofthis 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: 8 1. Within Zones Al -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 sun/eyor, and verified by the community building inspector to be properiy elevated. Such certification and verification ^ ^ shall be provided to the Floodplain Administrator. 15 27 28 SECTION CXXXV: That Section 21.110.195 is added to the Carisbad Municipal Code as follows: 18 19 20 21 110.195 Standards for recreational Vehicles. 21 A. All recreational 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 of this ordinance and the elevation and anchoring 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 1 SECTION CXXXVI: That Section 21.110.240 ofthe Carlsbad Municipal Code is 2 amended to read as follows: 3 21.110.240 Variances. A. Variances from the requirements of this chapter may be granted pursuant to the 4 provisions of this section and Chapter 21.50 of this title. B. Subject to the findings specified in Chapter 21.50 and subsection D of this 5 section, variances 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 justification required for issuing a variance 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 specified in other sections of this ordinance, and: a. The danger that materials 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 sen/ices provided by the proposed facility to the 1^ community; e. The necessity to the facility of 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 rise and sediment transport of 19 the floodwaters expected at the site; and k. The costs of providing governmental sen/ices during and after flood conditions, 20 including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 21 D. Variance findings. 1. In addition to the findings specified in Chapter 21.50, no variance from the 22 requirements of this chapter may be granted unless the decision-making authority finds: a. That the variance is for floodplain management purposes only. 23 b. That there is a showing of good and sufficient cause; c. That the variance is the minimum necessary considering 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 presen/e the 27 intent of this chapter. 14 28 -91 9> 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 applicant. i. "Hardship" as related to this section, means the exceptional hardship that would result from a failure to grant the requested 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, qualify as an exceptional hardship. All of these problems can be resolved through other means without 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 originally intended. e. That the subject property's physical characteristics 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 variance 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 variance must not result in anything which is injurious 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 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 ofthe 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 ofthe community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during 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, 15 unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. J7 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 necessary to preserve the historic character and design ofthe structure. E. Variance conditions. 19 1. The decision-making authority may require conditions 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 justification for their issuance, and report such variances in its biennial report submitted to 26 FEMA. 10 11 12 13 14 15 27 28 -92-?5 1 SECTION CXXXVIl: That Section 21.110.250 of the Carlsbad Municipal Code is 2 repealed. 3 SECTION CXXXVlll: That Chapter 21.201 of the Carisbad Municipal Code is 4 amended to read as follows: 5 6 8 Chapter 21.201 COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 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 Resen/ed. IQ 21.201.050 Determination of applicable procedures. 21.201.060 Exemptions and categorical exclusions from minor coastal development J J permit and coastal development permit procedures. 21.201.070 Repair and maintenance activities requiring 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 Resen/ed. 21.201.110 Resen/ed. 14 21.201.120 Effective date and appeal. 21.201.130 Developments appealable to the Coastal Commission. 15 21.201.140 Exhaustion of local appeals. 21.201.150 Public hearing on appealable developments. 15 21.201.160 Finality of city action. 21.201.170 Resen/ed. 17 21.201.180 Resen/ed. 21.201.190 Emergency coastal development permits. 18 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 Violations 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 of the Agua Hedionda Lagoon segment ofthe Carisbad Local Coastal Program. 27 28 -93-9^ 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 deciston or action appealed, or who, by other appropriate means priorto a hearing, informed the city ofthe 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 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. 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 regulations shall mean any proposed public works project, as defined by Section 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. "Categorically 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) of this 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 described in the Public 17 Resources Code Section 30103. I. "Coastal Commission" means the California Coastal Commission. 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, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the 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 construction. N. "Major public works project" means any public works project as defined by Title ^•^ 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 27 development may proceed. 22 25 26 28 -94- 21.201.030 Requirements for minor coastal development permits 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 decision-making authority, provided that the minimum requirements as specified herein are assured. 7 21.201.040 Resen/ed. 8 21.201.050 Determination of applicable procedures. A. The city planner shall determine whether a development is exempt or 9 categorically 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 designations, 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 of the determination 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 Regulations Section 13569. 14 21.201.060 Exemptions and categorical 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 residential 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. 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 residential building except: a. On a beach, wetland or seaward of the mean high tide line; 20 |3 Where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; 2t 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: d. On property located in significant scenic resources areas as designated by the Commission; e. Improvement that would result in an increase of ten percent or more of internal floor 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 23 25 26 27 docks; 28 -95- 1 g. 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 2 except as provided in subsections 6.8, B.9, B.10 and B.l 1 of this section; h. Expansion or construction of water wells or septic 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 ofthe improvements is ten percent or 9 more; e. An increase in height by more than ten percent of an existing structure, including 10 any significant 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 significant 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 ofthis section; 13 and h. Any improvement made pursuant to a conversion of an existing structure from a 14 multiple unit rental use or visitor sen/ing 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. Han/esting of agricultural crops or other agriculturally related activities specifically defined as permitted uses in the applicable zone, which require no other permits and approvals ofthe 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 distribution lines, including up to one hundred cubic yards of associated grading, provided such water facilities are used for onsite agriculturally-related purposes only. 7. Water impoundments located in drainage areas not identified as blue line streams (dashed or solid) on USGS 7 V^ 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 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. 27 C. Categorical Exclusions. 26 28 -96-91 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 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. 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 ofthis 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 applicant's 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 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 22 23 24 25 26 27 28 •97-^6 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 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. 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 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. 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 of the 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 application. 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 materials and information specified by the city planner. 14 2. At the time of filing the application 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. Ifthe 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 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 title and the coastal development permit may be consolidated into one application. 20 5 The city planner may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into 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 Sections 21.54.060.A and 21.54.061 of this title. 2^ C. Decision-making authority. 1. Minor coastal development permits. a. The city planner may approve, conditionally approve or deny minor coastal development permits for: 24 25 27 28 -98- 1 i. Development that costs less than sixty thousand dollars; ii. Second dwelling units (no discretionary approval shall be required for second 2 dwelling units); Projects that require an administrative village review permit or administrative 3 variance, pursuant to Chapter 21.35 of this title, b. The city planner may approve or conditionally approve a minor coastal 4 development permit, if the development complies with the following criteria: i. The development is consistent with the certified local coastal program as defined 5 in Section 30108.6 of the Coastal Act. The development requires no discretionary approvals other than a minor coastal 6 development permit. 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, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 9 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 of the 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 section 21.10.030 ofthis title. 12 2. Coastal development permits, a. The planning commission may approve, conditionally 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, ofthe circumstances of the particular case, and evidence 15 presented at the public hearing. c. The planning commission shall hear the matter and may approve or conditionally 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. ^8 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-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 ofthe California Code of Regulations (notice of final local government action). 22 23 24 26 27 28 21.201.100 Resen/ed. 21.201.110 Resen/ed. 21.201.120 Effective date and appeal. 2^ 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. -99- B. Planning Commission decisions on coastal development permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 ofthis title. 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 ofthe notice of final local government action provided pursuant to 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 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 period. 2. Where any ofthe circumstances in subsections 21.201.120.C.1.a through 21.201.120.C.1.C occur, the Commission shall, within five calendar days of receiving notice 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 jurisdiction ofthe Coastal Commission. Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless othenA/ise noted. 13 Areas subject to appeal jurisdiction 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 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, 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. 26 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 -100- /o4 23 25 27 28 1 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. 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 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 4 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. 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 8 calendar days following the mailing of the notice required in Section 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 22 23 24 25 26 21.201.170 Resen/ed. 17 21.201.180 Resen/ed. 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, 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; 3. Location ofthe emergency; 4. The remedial, protective or preventive work required to deal with the emergency; and The circumstances during 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: 28 101 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 informational only; the decision to issue an emergency permit is solely at the discretion of the city planner subject to the provisions of this section. Copies of this 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 application 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 original jurisdiction 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 period 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 period 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 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 The Coastal Commission shall have original jurisdiction for all coastal development 22 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" ofthe Coastal Commission 23 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 24 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 25 Commission for said coastal development permit. 26 21.201.240 Violations of the Public Resources Code. Any person who violates any provision of Division 20 ofthe Public Resources Code shall 27 be subject to the penalties contained in Public Resources Code Article 2, Section 30820 et seq. 28 •102-/o'> 1 SECTION CXXXIX: That Section 21.208.110 of the Carisbad Municipal Code is 2 amended to read as follows: 3 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 priorto 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 overiay zone; B. That the building forms, building colors and building materials combine to provide 7 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 of the overiay zone. 9 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 10 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 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. 13 14 15 SECTION CXL: That the list of sections in Chapter 21.210 ofthe Carisbad Municipal Code is amended to read as follows: 21.210.010 Purpose and intent. 16 21.210.020 Definitions. 21.210.030 Applicability. 17 21.210.040 Habitat presen/ation requirements. 21.210.050 Habitat management requirements. 18 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. 20 21.210.090 Guidelines. 21.210.100 Enforcement measures—Violations and remedies. 22 23 amended to read as follows 24 21.210.070 Minor HMP permit and HMP permit. A. A minor HMP permit or HMP permit shall be required for any development 25 project which directly or indirectly impacts natural habitat in accordance with the procedures set forth in this section. 25 1. A minor HMP permit shall be required, except as specified in subsection A.2 of this section. 27 " 28 SECTION CXLI: That Section 21.210.070 of the Carisbad Municipal Code is •103- 25 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 application 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 application. 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 0. 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 location of any covered species. c. The location of any off-site wetland, riparian habitat, oak woodland, nesting 13 raptors or narrow endemic species located within one hundred feet of the property. 2. If the biological sun/ey 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 sun/eys for narrow endemic species must be conducted 15 during the acceptable time of year in accordance with wildlife agencies protocols, if such protocols exist. The processing of the HMP permit application will be held in abeyance until the 16 applicant submits subsequent sun/eys 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 presen/e area consistent with the proposed hardline presen/e 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 ' ^ Jhe hardline presen/e 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; b. A written biological description of the status of the narrow endemic species; c. Quantification of both presen/ation 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 population(s); 28 -104-/c5 1 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 description 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 presen/ation conditions contained in Section 21.210.040(D) of this chapter. 8. A description of proposed additional mitigation consistent with Sections 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 ofthis 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 title. 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 hearing, 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 hearing. 20 jjj The decision-making authority shall hear the matter, and may approve or conditionally approve the HMP permit if all ofthe findings of fact in subsection F ofthis 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 ofthis chapter. b. The proposed development is in compliance with all provisions of the Carisbad habitat management plan (HMP), the implementing agreement, the multiple habitat consen/ation plan (MHCP), the natural community consen/ation plan (NCCP) and 10(a)1(B) permit conditions, the presen/ation requirements set forth in Section 21.210.040 ofthis chapter and the management requirements set forth in Section 21.210.050 of this 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- I'Oi? 21 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 Section 21.54.120 of this 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 1. 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 title. 2. The expiration period for an approved minor HMP permit or HMP permit may be 9 extended pursuant to Section 21.58.040 of this title. 3. An approved minor HMP permit or HMP permit may be amended pursuant to the 10 provisions of Section 21.54.125 ofthis title. 11 SECTION CXLIl: That Section 21.210.075 is added to the Carlsbad Municipal ^2 Code as follows: 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION CXLlll: That the findings of the Planning Commission in Planning Commission Resolution No. 6858 shall constitute the findings ofthe City Council. /// /// /// /// /// /// /// /// /// 106-1^1 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Cleri< shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carisbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the Califomia Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 10^ day of April 2012, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the 24*^ day of April 2012, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Council Member Douglas. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: '(^^CpRRAI (SEAL) 66b, City Clerk 7^^—? o; 107-