HomeMy WebLinkAbout2021-02-23; City Council; 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 COMMI...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