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HomeMy WebLinkAbout2021-02-16; City Council; ; Village and Barrio Master Plan Amendment and Local Coastal Program Amendment Changing Permit Approval Authority Within the Plan Area.Meeting Date: Feb. 16, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jeff Murphy, Community Development Director Jeff.Murphy@carlsbadca.gov, 760-602-2783 Subject: Village and Barrio Master Plan Amendment and Local Coastal Program Amendment Changing Permit Approval Authority Within the Plan Area. District: All Recommended Action Hold a public hearing and consider the adoption of one of the following ordinances: 1.An ordinance amending the Village and Barrio Master Plan to change the approval authority from the Planning Commission to the City Council for site development plans, conditional use permits, coastal development permits and variances processed within the Barrio Perimeter, Barrio Center and Village-Barrio other districts (Exhibits 1 and 2) 2.An ordinance amending the Village and Barrio Master Plan to change the approval authority from the City Council to the Planning Commission for site development plans, conditional use permits, coastal development permits and variances processed within the Village Center, Village General, Hospitality, Freeway Commercial and Pine-Tyler mixed-use districts (Exhibits 3 and 4) Executive Summary The City Council passed a minute motion (Exhibit 5) Dec. 10, 2019, directing staff to return with an agenda item changing the approval authority from the Planning Commission to the City Council for site development plans, conditional use permits, coastal development permits and variances processed in the Barrio districts of the Village and Barrio Master Plan. The objective of this change was to ensure that development permits are subject to an equivalent level of review and approval throughout all districts of the master plan. Section 6.5 of the Village and Barrio Master Plan requires amendments to the master plan and Local Coastal Program to receive the Planning Commission’s consideration and recommendation before they can be considered by the City Council. In accordance with this section, staff presented the City Council’s direction to the Planning Commission on April 15, 2020. (Exhibit 6). After discussion and deliberation, the Planning Commission voted unanimously (7-0) to recommend that the City Council maintain the current decision-making authority levels for permits in the Barrio districts. The Planning Commission further recommended that the City Council change the approval authority from the City Council to the Planning Commission for Feb. 16, 2021 Item #5 Page 1 of 40 permits in the Village districts: the Village Center, Village general, hospitality, freeway commercial and Pine-Tyler mixed-use districts (Exhibit 7 and 8). This recommendation differs from the City Council’s Dec. 10, 2019, direction. The Carlsbad Municipal Code has several sections that set forth the authority and responsibilities of the Planning Commission in reviewing and approving land development permit applications. Given these existing responsibilities, the planning commissioners generally felt that the Planning Commission was able to accomplish the objectives that the City Council was trying to achieve with its direction. By having the Planning Commission consider all permits, as opposed to the City Council, applicants could save as much as of two to three months of processing time, depending upon the City Council’s agenda scheduling, and associated project carrying costs. In addition, this recommendation would also save significant staff time and costs in preparing City Council staff reports and attending hearings. Given the Planning Commission’s recommendation, staff is presenting two ordinances for the City Council’s consideration: one implements the changes as directed by the City Council on Dec. 10, 2019, and the second implements the Planning Commission’s April 15, 2020, recommendations. Discussion Background On Aug. 20, 2019, staff presented a comprehensive update to the Village and Barrio Master Plan. Following the City Council’s adoption of the update, the council approved a minute motion directing staff to return with a workplan that included a timeline that addressed a series of plan amendments to the master plan the City Council wanted to consider. One of the items identified was considering transferring the decision-making authority for development projects within the Village and Barrio Master Plan to the City Council (Exhibit 9). On Dec. 10, 2019, staff presented the workplan for the City Council’s consideration. Among other actions, the City Council adopted a minute motion directing staff to process an amendment to the master plan to give decision-making authority to the City Council in the three Barrio districts in which that authority currently resides with the Planning Commission, as shown in the table below. The changes would affect Village and Barrio Master Plan Section 6.3.4 – Authority for Approval of the master plan, which currently sets forth the approval authority for site development plans, conditional use permits, coastal development permits and variances. (Exhibit 10 is a map of the district planning area.) Permit review authority – City Council-directed Permit review authority District Planning Commission City Council Village Center VC Recommendation Decision Village General VG Recommendation Decision Hospitality HOSP Recommendation Decision Freeway Commercial FC Recommendation Decision Pine-Tyler Mixed-Use PT Recommendation Decision Barrio Perimeter BP Decision Recommendation Appeal Decision Barrio Center BC Decision Recommendation Appeal Decision Village-Barrio Other VBO Decision Recommendation Appeal Decision Feb. 16, 2021 Item #5 Page 2 of 40 According to Section 6.51 of the Village and Barrio Master Plan, any amendments to the master plan and Local Coastal Program, which covers a portion of the master plan area, require consideration and recommendation from the Planning Commission before the changes can be considered by the City Council. Planning Commission’s recommendation Staff presented the proposed changes before the Planning Commission for its consideration and recommendation on April 15, 2020. (Exhibit 4). Following deliberation and discussion, the Planning Commission raised the following concerns with the City Council’s direction: •The proposed changes are inconsistent with new state laws that promote a streamlined permitting process for new housing, such as Senate Bill 330 (Housing Crisis Act) and SB 35 - Housing Accountability and Affordability Act. •Requiring the City Council’s approval on permits will increase permitting costs and time. Staff estimates that the added review could add as much as two to three months in processing time (depending upon availability on the City Council agenda calendar) and associated carrying costs. In addition, this recommendation would also save significant staff time and costs in preparing City Council staff report and attending hearings. •A higher level of permit approval may increase development uncertainty and discourage development in the districts. •The proposed change may increase the City Council’s workload. Over the past three years, 24 permits were processed in the plan area, of which 11 were considered by the Planning Commission (Exhibit 11).2 It should be noted that none of the permits approved by the Planning Commission during this period were appealed to the City Council. •There are several sections within the Carlsbad Municipal Code that set forth the authority and responsibilities of the Planning Commission to review and approve various land development permit application types (sections 19.04.040, 20.12.090, 21.40.080, 21.47.060, 21.42.070, and 21.06.070). Given these existing responsibilities, the Planning Commission found that it has and can continue to accomplish the objectives the City Council is trying to achieve with its direction. •To help address these concerns, the Planning Commission recommended a revision to Section 6.3.4 that would change the permit approval authority for the Village districts (the Village Center, Village General, Hospitality, Freeway Commercial and Pine-Tyler Mixed-Use districts) from the City Council to the Planning Commission, as reflected in the table below and in Exhibit 2. 1 Section 6.5 refers to Carlsbad Municipal Code Sections 21.35 and 21.52, which describe how amendments are processed. 2 Prior to the 2019 update to the Village and Barrio Master Plan, more permit types were considered by the Planning Commission. Feb. 16, 2021 Item #5 Page 3 of 40 Permit review authority – Planning Commission recommendation Permit review authority District Planning Commission City Council Village Center VC Recommendation Decision Decision Appeal Village General VG Recommendation Decision Decision Appeal Hospitality HOSP Recommendation Decision Decision Appeal Freeway Commercial FC Recommendation Decision Decision Appeal Pine-Tyler Mixed-Use PT Recommendation Decision Decision Appeal Barrio Perimeter BP Decision Appeal Barrio Center BC Decision Appeal Village-Barrio Other VBO Decision Appeal Maintaining the current decision-making process with the Planning Commission for the Barrio districts will not affect future applicants, as it maintains the status quo, while changing the current approval process in the Village districts from the City Council to the Planning Commission would streamline the review process, potentially saving future applicants upwards of three months in permit processing time and thousands of dollars in carrying costs. Over the past three years, 19 permits were considered by the City Council, only one of which was denied (Exhibit 11). The proposed changes would be consistent with recent state law changes that promote a streamlined permitting process for new housing (Senate Bill 330 - Housing Crisis Act and SB 35 - Housing Accountability and Affordability Act). Fiscal Analysis Staff estimates the costs associated with preparing for and attending a City Council hearing to be roughly $2,8003 per permit application. Under option 1, this amount would be considered an added cost to the current permit review process. Under option 2, this amount would be considered a savings from the cost of the current permit review process. Next Steps Following adoption of an ordinance, appropriate amendments to the Village and Barrio Master Plan will immediately become effective outside of the Coastal Zone. Amendments inside the Coastal Zone will become effective when the California Coastal Commission approves an amendment to the city’s Local Coastal Program. Staff will submit an application for a Local Coastal Program amendment to the Coastal Commission following the City Council’s adoption of an ordinance. Environmental Evaluation (CEQA) The proposed amendments to the Village and Barrio Master Plan are exempt from the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) because the amendments do not have the potential to cause a significant effect on the environment. The proposed action simply changes the approval authority of discretionary permits within the Barrio and Village Master Plan from the Planning Commission to the City Council (Option 1) or from the City Council to the Planning Commission (Option 2). The discretionary permits affected by this change will still be subject to CEQA review and the decision-making processes will still require public hearings. 3 Assumes an estimated 26 hours of a senior planner’s time preparing legal advertisements, staff report, briefings, presentation and attendance at a City Council meeting (assumes fully burdened hourly rate). This figure does not consider costs for management, city attorney or city clerk to review and prepare public documents or meeting attendance. Feb. 16, 2021 Item #5 Page 4 of 40 Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.Ordinance (Option 1 — City Council as decision-maker) 2.Option 1 with changes highlighted 3.Ordinance (Option 2 — Planning Commission as decision-maker) 4.Option 2 with changes highlighted 5.City Council Minute Motion dated Dec. 10, 2019 6.Planning Commission staff report dated April 15, 2020 7.Planning Commission Minutes dated April 15, 2020 8.Planning Commission resolution No. 7365 9.City Council Minute Motion dated August 20, 2019 10.Map of the Village and Barrio plan area 11.2017 to 2020 permit activity report Feb. 16, 2021 Item #5 Page 5 of 40 ORDINANCE NO. CS-392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE VILLAGE AND BARRIO MASTER PLAN TO CHANGE THE APPROVAL AUTHORITY FROM THE PLANNING COMMISSION TO THE CITY COUNCIL FOR SITE DEVELOPMENT PLANS, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND VARIANCES PROCESSED WITHIN THE BARRIO PERIMETER, BARRIO CENTER AND VILLAGE-BARRIO OTHER DISTRICTS CASE NAME: VILLAGE AND BARRIO MASTER PLAN AMENDMENT CASE NO.: AMEND2020-0001/AM EN D2020-0002 (DEV08014) WHEREAS, on Aug. 20, 2019, following the adoption of a comprehensive update to the Village and Barrio Master Plan (MP14-01), the City Council passed a minute motion directing staff to return with a workplan that included a timeline that addressed a series of plan amendments to the master plan that the City Council wanted to consider; WHEREAS, on Dec. 10, 2019, following a presentation on the workplan for City Council consideration, the City Council adopted a minute motion directing staff to process an amendment to the Village and Barrio Master Plan to give decision-making authority to the City Council on discretionary permits processed in the Barrio Districts; WHEREAS, on April 15, 2020, the Planning Commission held a duly noticed public hearing to consider the City Council directed amendment and adopted Resolution No. 7365, recommending approval of a Master Plan Amendment and a Local Coastal Program Amendment to change the approval authority from the City Council to the Planning Commission for site development plans, conditional use permits, coastal development permits, and variances in the Village Districts (Village Center, Village General, Hospitality, Freeway Commercial and Pine-Tyler Mixed Use), with the City Council acting upon appeals from decisions made by the Planning Commission; and WHEREAS, on Feb. 16, 2021, the City Council held a duly noticed public hearing as prescribed by law to consider said recommendation; and Feb. 16, 2021 Item #5 Page 6 of 40 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to the proposed amendments. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. The City Council finds the following: a.The proposed amendments to the Village and Barrio Master Plan (AMEND 2020- 001) and Local Coastal Program (AMEND 2020-002) reflect sound planning principles in that the amendments ensure that development permits throughout all districts of the master plan are subject to the same level of review and approval authority. b.The proposed Village and Barrio Master Plan Amendment (AMEND 2020-001) is consistent with the General Plan in that the proposed change to approval authority does not conflict with any policy of the General Plan. c.The proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Village-Barrio segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the change to authority for approval of development permits in the Village districts of the Village and Barrio Master Plan does not conflict with provision of the Local Coastal Program. 3. The Village and Barrio Master Plan Section 6.3.4, Authority of Approval, is amended as follows: 6.3.4 Authority of Approval A. In all districts, the City Planner shall: 1.Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2.Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The City Planner may approve minor conditional use permits up to the square Feb. 16, 2021 Item #5 Page 7 of 40 footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner's decisions are final unless appealed to the Planning Commission. B. In all districts, the Planning Commission shall: 1.Have the authority to recommend to the City Council approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances, unless determined exempt as provided in Section 6.3.2 or subject to City Planner authority as provided in Section 6.3.4.A. 2.Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final unless appealed to the City Council. C. In all districts, the City Council shall: 1.Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances, unless determined exempt as provided in Section 6.3.2 or subject to City Planner authority as provided in Section 6.3.4.A. 2.Act upon appeals from decisions made by the Planning Commission. 3.Be the final decision-making authority on actions specified in paragraphs C.1 and C.2 above, as well as on legislative actions, such as amendments to this Master Plan. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED IN THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be Feb. 16, 2021 Item #5 Page 8 of 40 published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 16th day of February, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Feb. 16, 2021 Item #5 Page 9 of 40 OPTION 1: Village and Barrio Master Plan Amendments Strikeout/Underline Version of Amendments 6.3.4 Authority of Approval A. In all districts, the City Planner shall: 1.Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2.Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The City Planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner’s decisions are final unless appealed to the Planning Commission. B.In all districts, Tthe Planning Commission shall: 1.Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances in the BP, BC and VBO districts. 2.1. Have the authority to recommend to the City Council approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances in the VC, VG, HOSP, FC and PT districts, unless determined exempt as provided in Section 6.3.2 or subject to City Planner authority as provided in Section 6.3.4.A. 3.2. Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final unless appealed to the City Council. C.In all districts, Tthe City Council shall: 1.Have the authority to approve, approve with conditions, or deny projects in the VC, VG, HOSP, FC, and PT districts site development plans, conditional use permits, coastal development permits, and variances, except for projects unless determined exempt as provided in Section 6.3.2 or projects subject to City Planner authority as provided in Section 6.3.4.A. 2.Act upon appeals from decisions made by the Planning Commission. 3.Be the final decision-making authority on actions specified in paragraphs C.1 and C.2 above, as well as on legislative actions, such as amendments to this Master Plan. Exhibit 2 Feb. 16, 2021 Item #5 Page 10 of 40 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE VILLAGE AND BARRIO MASTER PLAN TO CHANGE THE APPROVAL AUTHORITY FROM THE CITY COUNCIL TO THE PLANNING COMMISSION FOR SITE DEVELOPMENT PLANS, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND VARIANCES PROCESSED WITHIN THE VILLAGE CENTER, VILLAGE GENERAL, HOSPITALITY, FREEWAY COMMERCIAL AND PINE-TYLER MIXED-USE DISTRICTS CASE NAME: VILLAGE AND BARRIO MASTER PLAN AMENDMENT CASE NO.: AMEND2020-0001/AMEND2020-0002 (DEV08014) WHEREAS, on Aug. 20, 2019, following the adoption of a comprehensive update to the Village and Barrio Master Plan (MP14-01), the City Council passed a minute motion directing staff to return with a workplan that included a timeline that addressed a series of plan amendments to the master plan that the City Council wanted to consider; WHEREAS, on Dec. 10, 2019, following a presentation on the workplan for City Council consideration, the City Council adopted a minute motion directing staff to process an amendment to the Village and Barrio Master Plan to give decision-making authority to the City Council on discretionary permits processed in the Barrio Districts; WHEREAS, on April 15, 2020, the Planning Commission held a duly noticed public hearing to consider the City Council directed amendment and adopted Resolution No. 7365, recommending approval of a Master Plan Amendment and a Local Coastal Program Amendment to change the approval authority from the City Council to the Planning Commission for site development plans, conditional use permits, coastal development permits, and variances in the Village Districts (Village Center, Village General, Hospitality, Freeway Commercial and Pine-Tyler Mixed Use districts), with the City Council acting upon appeals from decisions made by the Planning Commission; and WHEREAS, on Feb. 16, 2021, the City Council held a duly noticed public hearing as prescribed by law to consider said recommendation; and Exhibit 3 Feb. 16, 2021 Item #5 Page 11 of 40 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors, including written public comments, if any, related to the proposed amendments. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. The findings of the Planning Commission in Planning Commission Resolution No. 7365 shall also constitute the findings of the City Council. 3. The Village and Barrio Master Plan Section 6.3.4, Authority of Approval, is amended as follows: 6.3.4 Authority for Approval A. In all districts, the City Planner shall: 1. Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2. Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The City Planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner’s decisions are final unless appealed to the Planning Commission. B. In all districts, the Planning Commission shall: 1. Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances, unless determined exempt as provided in Section 6.3.2 or subject to City Planner authority as provided in Section 6.3.4.A. 2. Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final, unless appealed to the City Council. C. In all districts, the City Council shall: 1. Act upon appeals from decisions made by the Planning Commission. Feb. 16, 2021 Item #5 Page 12 of 40 2. Be the final decision-making authority on decisions made per paragraph C.1 above, as well as legislative actions, such as amendments to this Master Plan. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED OUTSIDE THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. EFFECTIVE DATE OF THIS ORDINANCE APPLICABLE TO PROPERTIES LOCATED IN THE COASTAL ZONE: This ordinance shall be effective thirty days after its adoption or upon Coastal Commission approval, whichever occurs later; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______ day of __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ______ day of ____________________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Feb. 16, 2021 Item #5 Page 13 of 40 OPTION 2: Village and Barrio Master Plan Amendments (PC APPROVAL) Strikeout/Underline Version of Amendments 6.3.4 Authority of Approval A. In all districts, the City Planner shall: 1.Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2.Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The City Planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner’s decisions are final unless appealed to the Planning Commission. B.In all districts, Tthe Planning Commission shall: 1.Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances in the BP, BC and VBO districts , unless determined exempt as provided in Section 6.3.2 or subject to City Planner authority as provided in Section 6.3.4.A. 2.Have the authority to recommend to the City Council approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances in the VC, VG, HOSP, FC and PT districts. 32.Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final, unless appealed to the City Council. C. The City Council shall: 1.Have the authority to approve, approve with conditions, or deny projects in the VC, VG, HOSP, FC, and PT districts, except for projects determined exempt as provided in Section 6.3.2 or projects subject to city planner authority as provided in Section 6.3.4.A. 21.Act upon appeals from decisions made by the Planning Commission. 32.Be the final decision-making authority on actions specified in decisions made per paragraphs C.1 and C.2 above, as well as on legislative actions, such as amendments to this Master Plan. Exhibit 4 Feb. 16, 2021 Item #5 Page 14 of 40 Dec.10,2019 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tern Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city's short-term vacation rental ordinance should be amended without reviewing a comprehensive analysis of comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn -No). ACTION: Council received the report. 16. VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE-Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that discussion, direct staff to return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community & Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. Exhibit 5 Feb. 16, 2021 Item #5 Page 15 of 40 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 9 TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used. She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city's street tree program. In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher, to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall -Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer's Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. Feb. 16, 2021 Item #5 Page 16 of 40 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained several of the amendment items may not be feasible to implement within the timeframes cited due to state laws and guidelines as well as other challenges. In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick shared the potential timeline and constraints to complete the tasks in a timely manner, including securing contractors and finalizing other pending projects. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the timeline and various projects planned to utilize SB 2 funds, including hiring consultants, setting objective standards, and revising both the municipal code and the Village and Barrio Master Plan. Council Member Schumacher explained her support of establishing objective standards to ensure future developments include residents' input. She also stated that she would prefer a design review board that is ad-hoc in nature, assisted by consultants, using previous drafts of architectural designs to create a tool box, and receive residents' final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council's direction. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn -No, Hall -Absent). Substitute Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall - Absent). Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m. Feb. 16, 2021 Item #5 Page 17 of 40 Item No. Application complete date: n/a P.C. AGENDA OF:April 15, 2020 Project Planner: Jennifer Jesser Project Engineer: n/a SUBJECT: AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) – VILLAGE AND BARRIO MASTER PLAN AMENDMENTS - Request for a recommendation to approve amendments to the Village and Barrio Master Plan and Local Coastal Program to change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts (BP, BC and VBO) of the Village and Barrio Master Plan. The city planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments (a change of approval authority for development permits) does not have the potential to cause a significant effect on the environment. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7365 RECOMMENDING APPROVAL of Village and Barrio Master Plan Amendment AMEND 2020-0001 and Local Coastal Program Amendment AMEND 2020-0002, based on the findings contained therein. II.PROJECT DESCRIPTION AND BACKGROUND This project is city-initiated and consists of an amendment to the Village and Barrio Master Plan (Chapter 6, Section 6.4.3) to change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts (BP, BC and VBO) of the master plan. The Village and Barrio Master Plan is the Local Coastal Program for the Village and Barrio. Any amendment to the master plan requires an amendment to the Local Coastal Program. Background At its Dec. 10, 2019, meeting, the City Council directed staff regarding various potential amendments to the Village and Barrio Master Plan. The proposed amendment addresses one of the amendments requested by the City Council. Staff continues to work on the other amendments identified by the City Council. III.ANALYSIS Section 6.3.4 of the Village and Barrio Master Plan identifies the authority for approval of various development permits within the master plan area, as summarized in Table 1. 4 Exhibit 6 Feb. 16, 2021 Item #5 Page 18 of 40 TABLE 1: EXISTING VILLAGE AND BARRIO MASTER PLAN AUTHORITY FOR APPROVAL Master Plan Districts Permit Type Authority Average Permit Process Time1 All Minor Site Development Plan Minor Conditional Use Permit Minor Coastal Development Permit Minor Variance City Planner (authority for approval, conditional approval or denial) Four to Six Months Barrio Districts BP BC VBO Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for approval, conditional approval or denial) Six to Nine Months Village Districts VC VG HOSP FC PT Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for recommendation to City Council for approval, conditional approval or denial) Village Districts VC VG HOSP FC PT Site Development Plan Conditional Use Permit Coastal Development Permit Variance City Council (authority for approval, conditional approval or denial) Nine to 12 Months 1 The permit process times shown in this table are general averages and do not account for projects that require resolution to challenging issues or an environmental impact report. The Village and Barrio Master Plan was adopted by City Council in 2018. The 2018 master plan updated the previous Village Master Plan and Design Manual and expanded the boundaries of the master plan to include the Barrio area. The updated plan retained the previously existing approval authority for development permits. The Planning Commission had previously been the approval authority for site development plans, conditional use permits, coastal development permits, and variances in the Barrio area, and the City Council had been the approval authority for permits in the Village area. The proposed amendments change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts of the master plan. This ensures that development permits are subject to an equivalent level of review and approval throughout all districts of the master plan. Also, the timing of permit review and approval will be the same throughout all districts. The change of approval authority from Planning Commission to City Council for permits in the Barrio districts will typically increase the review and approval process for those permits up to three additional months. The proposed authority for approval is summarized in Table 2. A strikeout/underline version of the proposed amendments is provided in Attachment 2. Feb. 16, 2021 Item #5 Page 19 of 40 TABLE 2: PROPOSED VILLAGE AND BARRIO MASTER PLAN AUTHORITY FOR APPROVAL Master Plan Districts Permit Type Authority Average Permit Process Time1 All Minor Site Development Plan Minor Conditional Use Permit Minor Coastal Development Permit Minor Variance City Planner (authority for approval, conditional approval or denial) Four to Six Months All Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for recommendation to City Council for approval, conditional approval or denial) Six to Nine Months All Site Development Plan Conditional Use Permit Coastal Development Permit Variance City Council (authority for approval, conditional approval or denial) Nine to 12 Months 1 The permit process times shown in this table are general averages and do not account for projects that require resolution to challenging issues or an environmental impact report. If increasing the review and approval time for permits in the Barrio districts is a concern of the Planning Commission or the City Council, an alternative to the proposed amendments is to change the approval authority for permits in the Village districts from City Council to Planning Commission. This alternative would result in an equivalent level of review and approval throughout all districts of the master plan; yet would not increase the permit review and approval time for permits in the Barrio districts. This alternative would reduce the permit review and approval time for permits in the Village districts; however, such permits would not be subject to City Council review, unless the Planning Commission’s decision were appealed. IV.ENVIRONMENTAL REVIEW The proposed amendments to the Village and Barrio Master Plan are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments (a change of approval authority for development permits) does not have the potential to cause a significant effect on the environment. ATTACHMENTS: 1.Planning Commission Resolution No. 7365 a.Exhibit 1 – Draft City Council Ordinance adopting Village and Barrio Master Plan Amendment AMEND 2020-0001 and Local Coastal Program Amendment AMEND 2020-0002 2.Village and Barrio Master Plan Amendment (Strikeout/Underline) 3.Meeting Minutes Item 16 of the Dec. 10, 2019 City Council Meeting Feb. 16, 2021 Item #5 Page 20 of 40 Village and Barrio Master Plan Amendments (Amend 2020-0001/Amend 2020-0002) Strikeout/Underline Version of Amendments 6.3.4 Authority for Approval A.In all districts, the City Planner shall: 1.Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2.Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The city planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner’s decisions are final unless appealed to the Planning Commission. B.In all districts, Tthe Planning Commission shall: 1.Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances in the BP, BC and VBO districts. 12.Have the authority to recommend to the City Council approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances, in the VC, VG, HOSP, FC and PT districts unless determined exempt as provided in Section 6.3.2 or subject to city planner authority as provided in Section 6.3.4.A. 23.Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final unless appealed to the City Council. C.In all districts, Tthe City Council shall: 1.Have the authority to approve, approve with conditions, or deny projects in the VC, VG, HOSP, FC, and PT districts site development plans, conditional use permits, coastal development permits, and variances, except for projects unless determined exempt as provided in Section 6.3.2 or projects subject to city planner authority as provided in Section 6.3.4.A. 2.Act upon appeals from decisions made by the Planning Commission. 3.Be the final decision-making authority on actions specified in paragraphs C.1 and C.2 above, as well as on legislative actions, such as amendments to this Master Plan. Feb. 16, 2021 Item #5 Page 21 of 40 In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tem Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city’s short-term vacation rental ordinance should be amended without reviewing a comprehensive analysis of comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn – No). ACTION: Council received the report. 16.VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE – Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that discussion, direct staff to return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community & Economic Development) City Manager’s Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. ATTACHMENT 3 Feb. 16, 2021 Item #5 Page 22 of 40 TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used. She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city’s street tree program. In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Schumacher, to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall – Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer’s Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. Feb. 16, 2021 Item #5 Page 23 of 40 In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained several of the amendment items may not be feasible to implement within the timeframes cited due to state laws and guidelines as well as other challenges. In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick shared the potential timeline and constraints to complete the tasks in a timely manner, including securing contractors and finalizing other pending projects. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the timeline and various projects planned to utilize SB 2 funds, including hiring consultants, setting objective standards, and revising both the municipal code and the Village and Barrio Master Plan. Council Member Schumacher explained her support of establishing objective standards to ensure future developments include residents’ input. She also stated that she would prefer a design review board that is ad-hoc in nature, assisted by consultants, using previous drafts of architectural designs to create a tool box, and receive residents’ final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council’s direction. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn – No, Hall – Absent). Substitute Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall – Absent). Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m. Feb. 16, 2021 Item #5 Page 24 of 40 Exhibit 7 Feb. 16, 2021 Item #5 Page 25 of 40 Feb. 16, 2021 Item #5 Page 26 of 40 Feb. 16, 2021 Item #5 Page 27 of 40 Feb. 16, 2021 Item #5 Page 28 of 40 Feb. 16, 2021 Item #5 Page 29 of 40 PLANNING COMMISSION RESOLUTION NO. 7365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE APPROVAL AUTHORTY FROM CITY COUNCIL TO PLANNING COMMISSION FOR SITE DEVELOPMENT PLANS, CONDITIONAL USE PERMITS, COASTAL DEVELOPMENT PERMITS, AND VARIANCES IN THE VILLAGE DISTRICTS (VC, VG, HOSP, FC, AND PT) OF THE MASTER PLAN. CASE NAME: VILLAGE AND BARRIO MASTER PLAN AMENDMENTS CASE NO: AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) WHEREAS, the City Planner, has prepared an amendment to the Village and Barrio Master Plan, pursuant to Chapter 21.52 of the Carlsbad Municipal Code, to change the approval authority from City Council to Planning Commission for site development plans, conditional use permits, coastal development permits, and variances in the Village districts (VC, VG, HOSP, FC, AND PT) of the Village and Barrio Master Plan; and WHEREAS, the Village and Barrio Master Plan is the Local Coastal Program for the Village­ Barrio segment of the Carlsbad Local Coastal Program, therefore, the proposed amendment constitutes an amendment to the Local Coastal Program, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the proposed Village and Barrio Master Plan Amendment and Local Coastal Program Amendment are set forth in the draft City Council Ordinance, Exhibit "1" dated, April 15, 2020, and attached hereto VILLAGE AND BARRIO MASTER PLAN AMENDMENTS-AMEND 2020-0001/ AMEND 2020-0002 (DEV 08014); and WHEREAS, California Coastal Commission Regulations require a six-week public review period for any amendment to the Local Coastal Program; and WHEREAS, the Planning Commission did on April 15, 2020, hold a duly noticed public hearing as prescribed by law to consider said request for the proposed Village and Barrio Master Plan Amendment and Local Coastal Program Amendment; and Exhibit 8 Feb. 16, 2021 Item #5 Page 30 of 40 Feb. 16, 2021 Item #5 Page 31 of 40 Feb. 16, 2021 Item #5 Page 32 of 40 Feb. 16, 2021 Item #5 Page 33 of 40 Feb. 16, 2021 Item #5 Page 34 of 40 Feb. 16, 2021 Item #5 Page 35 of 40 Feb. 16, 2021 Item #5 Page 36 of 40 August 20, 2019 Carlsbad City Council Regular Meeting Page 6 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Ordinance No. CS-356 amending Carlsbad Municipal Code Chapter 2.28, Sections 2.15.050 and 2.12.125. Motion carried 4/0/1 (Hall -Absent). Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Hamilton, to include a communication plan in the workplan for the Traffic and Mobility Commission for staff to provide a recommendation for how frequently the chair of the Commission should report to Council. Motion carried, 4/0/1 (Hall -Absent). ORDINANCE FOR ADOPTION: None. PUBLIC HEARINGS: 9. VILLAGE AND BARRIO MASTER PLAN -ACCEPTANCE OF THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS -Introduction of Ordinance No. CS-357 acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 14-01, and approving the associated suggested modifications to the Village and Barrio Master Plan and Local Coastal Program. Case Name: Village and Barrio Master Plan. Case No.: MP 14-01/LCPA 04-01 (DEV08014) (Staff contact: Scott Donnell, Community & Economic Development) City Manager's Recommendation: Take public input, close the public hearing and introduce the Ordinance. Mayor Pro Tem Bhat-Patel opened the duly noticed Public Hearing at 7:42 p.m. Senior Planner Scott Donnell, Principal Planner Dave de Cordova, and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke about his concern with the disparity of treatment between the Village District and Barrio projects which he feels impact residents in those neighborhoods differently. Michael Shertzer spoke in support of the Village portion of the Item, but stated he was also concerned with the parking aspect and the disparity in treatment between the Village and Barrio. Lucinda Vigne expressed concern about the Coastal Zone Area and requested clarification about short-term vacation rentals. Seeing no one else wishing to speak, Mayor Pro Tem Bhat-Patel closed the duly noticed Public Hearing at 7:57 p.m. In response to an inquiry by Mayor Pro Tern Bhat-Patel to address the speakers' questions and concerns, Senior Planner Scott Donnell explained there is no change to the regulations Exhibit 9 Feb. 16, 2021 Item #5 Page 37 of 40 August 20, 2019 Carlsbad City Council Regular Meeting Page 7 for short-term vacation rentals. He also explained the differences, level of review, and past streamlining efforts for projects in the Village and Barrio areas. In response to an inquiry by Council Member Hamilton, City Planner Don Neu explained that while a timeline target may be feasible, delays may occur due to certain items like architectural design standards. He also shared staff would need further direction from Council on what else they want to modify in the plan. Mr. Neu also shared an option on how to process the amendments. City Attorney Celia Brewer titled and introduced the Ordinance. Motion by Council Member Blackburn, seconded by Council Member Schumacher, to introduce Ordinance No. CS-357 acknowledging receipt of the California Coastal Commission's Resolution of Certification including suggested modifications for LCPA 14-01, and approving the associated suggested modifications to the Village and Barrio Master Plan and Local Coastal Program. Motion carried, 4/0/1 (Hall -Absent). Minute Motion by Council Member Hamilton, seconded by Council Member Schumacher, to direct staff to bring back for Council consideration in two months, a workplan that includes a timeline to address the following amendment package for the Village and Barrio Master Plan: 1) Decision making authority for the entire Village and Barrio Master Plan to City Council; 2) Permitted uses vital to a live, work, play community; 3) Parking-in-lieu fees to be directed to a specific area for parking and the potential for public/private partnerships for a specific zoned parking structure; 4) Traffic impact analysis and mitigation fees specific to the Village and Barrio Master Plan area and roadway conditions outside of the Coastal Zone; 5) Objective architectural, historical and design standards within the Village and Barrio Master Plan area; 6) Solutions and options to avoid housing-in-lieu payments in the Village and Barrio area; 7) Village and Barrio specific inclusionary policy; and to allow for general conversation regarding additional components of the plan. Motion carried, 4/0/1 (Hall -Absent). Mayor Pro Tem Bhat Patel announced that Item No. 10 will be continued to the City Council meeting on August 27, 2019. 10. PURE PROJECT BREWERY AND TASTING ROOM -Adoption of a Resolution approving a Minor Site Development Plan and Conditional Use Permit for a 2,206-square-foot brewery and tasting room located at 2825 State Street in the Village Center District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1; and, Adoption of a Resolution approving a Parking In-Lieu Fee Program Participation Agreement between the City of Carlsbad and Russell Satterly, Susan Satterly and Lindo Mino, property owners, for the project known as Pure Project Brewery and Tasting Room located at 2825 State Street in the Village Center District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1. Case Name: Pure Project Brewery and Tasting Room. Case No.: SDP 2019-0002/CUP 2018-0021 (DEV2018-0196). (Staff contact: Shannon Harker, Community & Economic Development) Feb. 16, 2021 Item #5 Page 38 of 40 Exhibit 10 Feb. 16, 2021 Item #5 Page 39 of 40 PLAN NUMBER COMPLETE DATE STATUS TYPE DECISION V/B ZONING Project CT160009 3/15/2017 Approved PLNG-Carlsbad Tract City Council VC 800 GRAND AVENUE 33 CONDO UNITS RP160016 5/10/2017 Approved PLNG-Review Permit City Council VC 800 GRAND AVENUE 33 CONDO UNITS RP2016-0001 7/11/2017 Approved PLNG-Review Permit City Council VC PACIFIC WIND: DEMO EXISTING STRUCTURE BUILD 90 UNIT AFFORDABLE APT PROJECT INCLUDING VACATION OF A PORTION OF HARDING STREET. AMEND2017-0005 8/22/2017 Approved PLNG-Amendment City Council PT ADD RESTAURANT USE IN VILLAGE MASTER PLAN LUD 6. DISTILLERY USE NOT ADDED. AMEND2017-0015 1/17/2018 Approved PLNG-Amendment City Council VC TOWN HOUSE: REVIEW PERMIT AMENDMENT OF APPROVED PROJECT FROM 7 RESIDENTIAL & 1 OFFICE CONDO UNITS TO 5 OFFICE & 2 RESIDENTIAL CONDO UNITS AMEND2017-0016 1/17/2018 Approved PLNG-Amendment City Council VC TOWN HOUSE: TRACT MAP AMENDMENT OF APPROVED PROJECT FROM 7 RESIDENTIAL & 1 OFFICE CONDO UNITS TO 5 OFFICE & 2 RESIDENTIAL CONDO UNITS CT2017-0004 2/27/2018 Approved PLNG-Carlsbad Tract City Council VC SIX ON MADISON: 3 STORY RESIDENTIAL PROJECT ABOVE A GROUND FLOOR PARKING & COMMERCIAL/RETAIL SPACE FRONTING MADISON RP160013 3/27/2018 Denied PLNG-Review Permit City Council VC CARLSBAD VILLAGE CENTER-MIXED USE CONSISTING OF RETAIL, OFFICE, & APARTMENTS CT2017-0006 5/21/2019 Approved PLNG-Carlsbad Tract City Council VG ROOSEVELT TOWNHOMES FIVE UNIT CONDOS CT2018-0004 6/25/2019 Approved PLNG-Carlsbad Tract City Council VC THE SEAGLASS: 8 RESIDENTIAL TOWNHOME UNITS WITH INDIVIDUAL GARAGE SPACE AT GROUND FLOOR ARE PROPOSED. AN ELEVATOR IS PROVIDED TO EACH UNIT EXCEPT FOR ONE UNIT CUP2018-0021 8/20/2019 Approved PLNG- CUP City Council VC PURE PROJECT - BREWERY & TASTING ROOM: SMALL CRAFT BREWERY WITH TASTING, RETAIL, AND STORAGE CT2018-0006 9/10/2019 Approved PLNG-Carlsbad Tract City Council VC FAMILY DWELLING; SUBDIVISION OF AN APPROXIMATELY 0.75-ACRE PARCEL INTO TWO LOTS AND 13 AIRSPACE RESIDENTIAL CONDOMINIUMS; AND DEVELOPMENT OF 13 DETACHED SINGLE-FAMILY CT2019-0003 10/22/2020 Approved PLNG-Carlsbad Tract City Council VC CARLSBAD STATION: MIXED USE PROJECT WITH 79 RESIDENTIAL UNITS INCLUDING 8 INCLUSIONARY UNITS WITH 3 RETAIL AND 1 RESTAURANT SPACE RP160001 7/6/2016 Approved PLNG-Review Permit Planing Commissio HOSP VERIZON ARMY NAVY ATHLECTIC FACILITY WCF CDP16003 7/6/2016 Approved PLNG-CDP Planning Commissi HOSP VERIZON ARMY NAVY ATHLECTIC FACILITY WCF SDP15018 7/11/2017 Approved PLNG-SDP Planning Commissi BP PACIFIC WIND: DEMO EXISTING STRUCTURE BUILD 90 UNIT AFFORDABLE APT PROJECT INCLUDING VACATION OF A PORTION OF HARDING STREET. CT2017-0002 8/2/2017 Approved PLNG-Carlsbad Tract Planning Commissi BP DEMO TWO EXISTING SINGLE-FAMILY HOMES AND CONSTRUCT EIGHT ATTACHED TOWNHOMES. RP2017-0007 2/20/2018 Approved PLNG-Review Permit Planning Commissi PT THE 505 GLASS STUDIO: ARTIST STUDIO W/ HOT GLASS EQUIPMENT FOR BLOWING GLASS ART & RETAIL - TYLER ST CDP2018-0014 9/10/2018 Approved PLNG-CDP Planning Commissi VC THE 505 GLASS STUDIO: ARTIST STUDIO W/ HOT GLASS EQUIPMENT FOR BLOWING GLASS ART & RETAIL - ROOSEVELT ST CT2019-0002 7/18/2019 Approved PLNG-Carlsbad Tract Planning Commissi BP MADISON FIVE: DEVELOPMENT OF FIVE TOWNHOMES ON TWO VACANT PARCELS. THE BUILDING STUCTURE WILL BE APPROXIMATELY 9,870 SF IN SIZE. CT2017-0008 9/4/2019 Approved PLNG-Carlsbad Tract Planning Commissi BC HARDING AND PALM TOWNHOUSE PROJECT: 6 UNIT 3 STORY TOWNHOUSES IN 3 BLDGS W/ ATTACHED GARAGES RP2018-0013 10/2/2019 Approved PLNG-Review Permit Planning CommissioHOSP FRESCO RESTAURANT: REMOVE EXISTING ROOF, ADD NEW OPEN DECK AREA (APPROX. 1620 SQ FT) AND NEW ENCLOSED AREA (APPROX. 467 SQ FT). LIFT AND EXIT STAIRS. V2018-0010 12/23/2019 Approved PLNG-Variance Planning Commissi BC 540 CHESTNUT: SINGLE FAMILY HOME REQUESTING A VARIANCE FOR A REDUCTION IN SIDE YARD SETBACKS CT2018-0008 1/28/2020 Approved PLNG-Carlsbad Tract Planning Commissi VC GRAND JEFFERSON: NEW FOUR STORY MIXED USE BUILDING CONTAINING RETAIL SPACE AND 6 RESIDENTIAL UNITS Exhibit 11Feb. 16, 2021 Item #5 Page 40 of 40 Village & Barrio Master Plan Permit Approval Authority Jeff Murphy, Community Development Director Feb. 16, 2021 Background •Aug. 20, 2019 –Comprehensive plan update approved –Changes identified/additional info requested –Minute motion to bring back work plan •Dec. 10, 2019 –Directed changes to decision-making authority 2 Background 3 City Council Direction Village Center Recommendation Decision Villlage General VG Recommendation Decision Hospitality HOSP Recommendation Decision Fr,eew ay Commercial FC Recom mendation Decision Pine-Tyler M ixed-Use PT Recommendation Decision Barrio Perimeter BP Decision Recommendation P.p pea I Decision Barrio Center BC Decision Recommendation Appeal Decision Villlage-Barrio Other VBO Decision R,ecom men dation Appeal Decision Planning Commission •Amendments require PC recommendation •April 15, 2020 PC considered the item •Unanimously recommended a different approach to address City Council direction 4 Planning Commission 5 Planning Commission Recommendation Village General VG Recommendation Decision Decision Appeal Hospitality HOSP Recommendation Decision Decision Appeal Freeway Comm e,rcial FC R.eeommendation Decision Decision Appeal Pine-Tyler M ixed-Use PT Reeomn::1endation Decision Decision Appeal Barnio Perimeter BP Decision Appeal Barrio Cent er BC Decision Planning Commission •Results in an equivalent level of review •Consistent with state law direction to streamline reviews Reduces development uncertainty Saves two to three months in processing time Staff cost savings of ~$3,000 per permit •PC responsible for reviewing similar permit types elsewhere in the city •PC decisions can still be appealed to City Council 6 Planning Commission •Over the past 3 years, 24 permits were processed… 11 considered by Planning Commission 0 appealed 13 considered by the City Council 1 denied 7 Recommendation •Ordinance Option 1 City Council’s Dec. 10, 2019 direction •Ordinance Option 2 Planning Commission’s April 15, 2020 alternative 8 Village & Barrio Master Plan Permit Approval Authority Jeff Murphy, Community Development Director Feb. 16, 2021