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Home My WebLink About2021-02-23; City Council; ; Adoption of Ordinance No. CS-392 - Village and Barrio Master Plan Amendment and Local Coastal Program Amendment Changing Permit Approval AuthorityMeeting Date: Feb. 23, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-392 - Village and Barrio Master Plan Amendment and Local Coastal Program Amendment Changing Permit Approval Authority District: All Recommended Action Adopt Ordinance No. CS-392 Village and Barrio Master Plan Amendment and Local Coastal Program Amendment Changing Permit Approval Authority. Executive Summary / Discussion Ordinance No. CS-392 was introduced and first read at the City Council meeting held Feb. 16, 2021. On a motion by Council Member Schumacher, seconded by Council Member Acosta, the City Council voted 3-1-1 (Blackburn - No; Hall - Absent) to introduce the ordinance. The second reading allows the City Council to adopt the ordinance, which will become effective thirty days after the adoption. Within the Coastal Zone, this ordinance will become effective thirty days after its adoption or upon Coastal Commission approval, whichever occurs later. Fiscal Analysis Staff estimates the costs associated with preparing for and attending a City Council hearing to be roughly $2,8001 per permit application. This amount would be considered an added cost to the current permit review process. Next Steps The city clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within fifteen days following adoption of the 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 1 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. 23, 2021 Item #6 Page 1 of 6 by this change will still be subject to CEQA review and the decision-making processes will still require public hearings. 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 No. CS-392 Feb. 23, 2021 Item #6 Page 2 of 6 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/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), 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. 23, 2021 Item #6 Page 3 of 6 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. 23, 2021 Item #6 Page 4 of 6 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. 23, 2021 Item #6 Page 5 of 6 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 23rd day of February, 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: Hall. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney KEITH BLACKBURN, Mayor Pro Tern -ft' BARBARA ENGLESON, Cit7frk (SEAL) 0011111111111/IIN "-N;‘:?-. • •••••S% •••••7 Feb. 23, 2021 Item #6 Page 6 of 6