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HomeMy WebLinkAbout2010-05-05; Planning Commission; ; GPA 10-01|LCPA 10-01|ZCA 10-02 - VILLAGE AREA TITLE AMENDMENTThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: May 5, 2010 ItemNo. 0 Application complete date: NIA Project Planner: Corey Funk Project Engineer: N/ A SUBJECT: GPA 10-01/LCPA 10-01/ZCA 10-02 -VILLAGE AREA TITLE AMENDMENT -A request for a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Code Amendment to make minor amendments to correct titles related to the expiration of the Village Redevelopment Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6691, 6692, and 6693, RECOMMENDING APPROVAL of GPA 10-01, LCPA 10-01 and ZCA 10-02, based on the findings contained therein. II. INTRODUCTION This proposal is City-initiated and consists of: (1) amendments to the text of the General Plan Land Use Element, Local Coastal Program and Zoning Ordinance to correct terminology related to the Village area; and 2) amendments to the Zoning Map, LCP Land Use Plan map and LCP Zoning Map to remove the term "redevelopment" from references to the Village area. All proposed changes relate to the expiration of the Village Redevelopment Plan and consist only of title corrections. III. PROJECT DESCRIPTION AND BACKGROUND On June 23, 2009, to address the expiration of the Village redevelopment plan (scheduled to expire on July 21, 2010, the City Council approved amendments to the Village Master Plan and Design Manual, Zoning Ordinance, LCP, and General Plan (RP/LCPA 95-l0(A)xl/ZCA 95- l0(A)xl/MCA 95-01 (A)xl/GPA 09-03). Among other items, the June 2009 amendments changed the titles of the applicable Village area zoning district and LCP segment by removing the term "redevelopment". The current proposed amendment (Village Area Title Amendment - GP A 10-01/LCP A 10-01/ZCA 10-02) consists of correcting title references related to the Village area that were not amended by the earlier action. Also included is an unrelated amendment to the General Plan to revise outdated wording which describes the permit authority in the various LCP segments. No changes to policy, programs or processes are proposed, and the map changes do not alter existing regulations or land use/zoning designations affecting any property in the City. GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS MAY 5, 2010 PAGE2 IV. A. ANALYSIS Purpose and Description of Proposed Amendments When the Village redevelopment plan expires, certain terms related to the Village "redevelopment" area will no longer be relevant. Any reference to Village "redevelopment" should be amended to delete the term "redevelopment". In addition, the Design Review Board's authority was transferred to the Planning Commission when the redevelopment plan was originally scheduled to expire on July 21, 2009; therefore, any reference to the Design Review Board should be deleted. The amendments approved by City Council in June 2009 ( described above) amended the majority of references related to the Village "redevelopment" area. However, a few references were inadvertently not amended, which comprise the purpose of this amendment. Table I summarizes the proposed amendments and indicates which attached documents to refer to for more information. Amended Document General Plan Land Use Element LCP Land Use Plan TABLEI SUMMARY OF AMENDMENTS Summary of Amendments Section 11.C.3.d (description of the Village (V) land use classification) -change the existing reference to the "Village Master Plan" to "Village Master Plan and Design Manual" to reflect the correct title of the document Section II.D.3 (Special Planning Considerations -Coastal Zone Programs) -delete reference to "Redevelopment segment" to remove the outdated segment name Section II.D.3 (Special Planning Considerations -Coastal Zone Programs) -revise outdated wording to reflect the current coastal zone permit authority status: California Coastal Commission maintains permit authority in the Agua Hedionda LCP segment and the City maintains permit authority in the remaining five LCP segments. Map 4 (Local Coastal Program Boundary)-change the title of the LCP segment applicable to the Village from "Village Redevelopment" to "Village Area") Introduction (Section D. History) -indicate that the Village Redevelopment Plan will expire on July 21, 2010 and the title of the "Village Area Redevelopment" segment has been changed to "Village Area" segment Refer to these attachments for more information Attachment 1 (Exhibit X-1) & Attachment 4 (strike- out/underline) Attachment 1 (Exhibit X-2) & Attachment 5 (strike- out/underline) Attachment 1 (Exhibit X-2) & Attachment 5 (strike- out/underline) Attachment 1 (Exhibit X-3) Attachment 2 (Exhibit Y-1) & Attachment 6 (strike- out/underline) GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS MAY 5, 2010 PAGE3 TABLE I SUMMARY OF AMENDMENTS CONTINUED Amended Ref er to these Summary of Amendments attachments for Document more information LCP Land Introduction (Exhibit -LCP Segment Boundaries) -delete Use Plan, the term "redevelopment" from the title of the LCP segment Attachment 2 Cont'd. applicable to the Village (replace with the title "Village (Exhibit Y-2) Area") LCP Land Change the land use designation title of the "Village Attachment 2 Use Plan Map Redevelopment Area" to "Village" (Exhibit Y-3) LCP Change the zoning designation title of the "Village Attachment 2 Zoning Map Redevelopment Zone" to "Village Review Zone" (Exhibit Y-4) Change references to the "Village Redevelopment Zone" to Attachment 3 "Village Review Zone" (Exhibit Z-1/ Draft Zoning Change references to the "Village Redevelopment Master Ordinance) & Ordinance Plan" to "Carlsbad Village Master Plan and Design Manual" Attachment 7 to reflect the correct title of the document (strike- Delete references to the "Design Review Board" out/underline) Zoning Change the title of the "Village Redevelopment Zone" to Attachment 3 Map "Village Review Zone" (Exhibit Z-2) B. General Plan, Zoning Ordinance and Local Coastal Program Consistency The proposed amendments are minor and only involve title or reference changes and provide clarification. No changes to development standards, policies or programs are proposed. Therefore, the proposed amendments do not create any conflicts with the provisions of the General Plan, Local Coastal Program, or Zoning Ordinance. V. ENVIRONMENTAL REVIEW The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061 (b )(3 ), which exempts projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Changing the title of a zoning district and Local Coastal Program segment will not result in a significant effect on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 6691 (GPA) 2. Planning Commission Resolution No. 6692 (LCPA) 3. Planning Commission Resolution No. 6693 (ZCA) 4. Strikeout/underline version of the proposed General Plan Section 11.C.3.d text amendment GPA 10-01/LCPA 10-01/ZCA 10-02-VILLAGE AREA TITLE AMENDMENTS MAY 5, 2010 PAGE4 5. Strikeout/underline version of the proposed General Plan Section II.D.3 text amendment 6. Strikeout/underline version of the proposed Local Coastal Program text amendment 7. Strikeout/underline version of the proposed Zoning Ordinance text amendment 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 PLANNING COMMISSION RESOLUTION NO. 6691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: GPA 10-01 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application with the City of Carlsbad; and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibits "X-1", "X-2", and "X-3" dated May 5, 2010, attached hereto and on file in the Carlsbad Planning Department, VILLAGE AREA TITLE AMENDMENT- GPA 10-01, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 5, 2010, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) Findings: That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT -GPA 10-01, based on the following findings: 1. The proposed amendment is necessary to facilitate expiration of the Village Redevelopment Plan and ensure consistency with the Carlsbad Zoning Ordinance and Local Coastal Program. 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 2. The proposed amendment does not affect or conflict with any General Plan regulations, land use designations or policies with which development must comply. 3. The proposed amendment is consistent with applicable plans, maps ordinances and other related documents as described in the Planning Commission Report dated May 5, 2010. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 5, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ~~ FA~ OuGLAS~ CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6691 -2- Land Use Element access. Landscaped buffers should be provided around the project site between neighborhood commercial uses and other uses to ensure compatibility. All buildings should be low-rise and should include architectural/design features to be compatible with the neighborhood. Permitted uses and building intensities should be compatible with surrounding land uses. b. Regional Commercial (R): Regional commercial centers provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishing in full depth and variety. Two or more department stores are typically the major anchors of a regional shopping center, while other stores supplement and complement the various department store lines. New forms of regional centers may include such developments as outlet centers with an aggregation of factory outlet stores where there are no specific anchor tenants although such centers are regional and enjoy a strong tourist trade. Regional centers draw customers from outside the City and generate interregional traffic. For this reason, such centers are customarily located on a site that is easily visible as well as accessible from interchange points between highways and freeways. Local shopping centers may be adjunct to regional centers to also serve the daily convenience needs of customers utilizing the larger shopping center. A group of convenience stores, service facilities, business and professional offices are also often associated with a regional center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. c. Travel/Recreation Commercial (TR): This land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses may include, but are not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. Travel/recreation commercial uses are generally located near major transportation corridors or recreational and resort areas such as spas, hotels, beaches or lagoons. Travel/recreation commercial uses Amended June 23, 2009 Exhibit X-1 May 5, 2010 should be compatible with and designed to protect surrounding properties, should ensure safe traffic circulation and should promote economically viable tourist-oriented areas of the City. d. Village (V): The Village addresses land uses located in the heart of "old" Carlsbad in the area commonly referred to as the "downtown." Permitted land uses may include retail stores, offices, financial institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed throughout the area. The Village Area is regulated by the Carlsbad Village Master Plan and Design Manual. e. Office and Related Commercial (0): This classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is. especially appropriate for medical office use. Office and related commercial land use can be used as buffers between retail commercial areas and residential uses. 4. PLANNED INDUSTRIAL (Pl) Planned Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and develop-ment, and utility use. Agricultural and outdoor recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. 5. GOVERNMENTAL FACILITIES (G) This classification of land use designates areas currently being used for major governmental facilities by agencies such as the city, county, state, or federal government. Facilities within this category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar Airport). Smaller facilities, such as branch libraries, may be found in other land use designations, such as commercial, and are not shown on the land use map. Page 19 Exhibit X-2 May 5, 2010 City of Carlsbad General Plan Land Use Element, Section 11.D.3 (Special Planning Considerations -Coastal Zone Programs) is proposed to be amended as follows: 3. COASTALZONEPROGRAMS In 1972, California voters approved Proposition 20 which led to the enactment of the State law (California Coastal Act of 1976) which regulates any development within California's Coastal Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs (LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's coastal zone has been divided into six segments and each segment is regulated by separate LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal Zone which were established by the State are depicted on the Land Use Map. Almost every conceivable type of development proposal within the Coastal Zone from removal of natural vegetation to the construction of huge master planned communities requires the approval of a Coastal Development Permit (CDP) in addition to any other permits or entitlements. The land use policies, programs and regulations of the relevant LCP shall be referred to in addition to the General Plan, the Municipal Code and other pertinent regulations for guiding land use and development within the Coastal Zone. The California Coastal Commission currently retains Coastal Development Permit authority in the Agua Hedionda Segment. In the remaining five segments, the City has the authority to issue Coastal Development Permits. In those circumstances where an issue is not addressed by the Local Coastal Program Land Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development permit, or exemption may be granted unless the project considered is found by the appropriate authority to be consistent with the City of Carlsbad General Plan. In those circumstances where an issue is addressed by both the Local Coastal Program Land Use Plan and the City of Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail. Land Use Element Local Coas1aI Program 6oundary Amended June 23, 2009 ---------··1 u Exhibit X-3 May 5, 2010 Page 25 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 PLANNING COMMISSION RESOLUTION NO. 6692 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: LCPA 10-01 WHEREAS, California State law reqmres that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application for an amendment to the Local Coastal Program; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibits "Y-1," "Y-2," "Y-3," and "Y-4" dated May 5, 2010, attached hereto, and as shown on Exhibit "Z-1" dated May 5, 2010, attached to Planning Commission Resolution No. 6693, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Planning Commission did on May 5, 2010, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. 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 B) C) At the end of the State-mandated six-week review period, starting on April 9, 2010 and ending on May 21, 2010, staff shall present to the City Council a summary of the comments received. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT -LCPA 10-01 based on the following findings: Findings: 1. 2. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ensures consistency with the Carlsbad General Plan and Zoning Ordinance, and does not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan Amendment (GPA 10-01) and Zone Code Amendment (ZCA 10-02). PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6692 -2- Land Use -Introduction Exhibit Y-1 May 5, 2010 Chapter I. the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was prepared by the City and approved by the Coastal Commission on July 1, 1982. Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and conflicts between the City and Commission over the years. These segments cover a good portion of the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued negotiations with the Commission through a City Council- formed special committee comprised of Commission staff and City officials to resolve issues. In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone. In the summer of 1985, the City submitted two amendment requests to the Commission and, in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments. These major amendments to the LCP involved changes to the agricultural preservation, steep slope and housing protection policies of the Mello I and II segments. After certification of these amendments, the City adopted the Mello I and II LCP segments and began the process of preparing documents for "effective" certification of the entire LCP. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal development permit for a project comprising the majority of the uplands within that segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing ordinances. The plan area of the Village Area segment (previously titled "Village Area Redevelopment" segment) was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment. The City assumed permit authority for this segment on December 14, 1988. In November 2009, the title of this segment was changed to the "Village Area" segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the boundaries and policies affecting this segment are unchanged. The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The segment was certified by the Commission (land use and master plan as implementing ordinances) in March of 1988. City of Carlsbad 4 Local Coastal Program Land Use -Introduction SEGMENT mnrn MEI.LO t § WEllO II ~-----------~ ¥ t L 8 PM EH TARE• VILLAGE~ -AGUA HEOfOND:A I.A.GOON ~ "'EST OATlQVl'l'OS vooo~ City of Carlsbad 5 Exhibit Y-2 May 5, 2010 Chapter/ Local Coastal Program LCPA 10-01 (LCP Land Use Map) Village Area Title Amendment ~ Government::al Facilities ~OponSpaco ~ Non-Re5ident1al Reserve ~ Transportation Corridor ~ Governmental facllit~.s ~Open Space ~ Tr:wel Services CommEtf'cl:»I ~ Reoreotion Commercial ~ge Redovetopment ~ ~ General Commercial 0 Regional Commercial ~ TraveVRecreation Commu,olaJ EXISTING ~ Travel Services Commeroia! ~ Recreation Commrm::ial ~ ~ Non-Residential Reserve r--::7 ~ General Commercial L.!£J Tr;,nsport.:ltion Corridor • 0 Region::il Commercbl §] TravellRecreaUon Commercial PROPOSED ~ Agricultur.1l!Residenti:1I ( ~ Unplanned Area& ~ AgrlculturollRes.identlol ( ~ Unplanned Areas. Exhibit Y-3 May 5, 2010 LCPA 10-01 (LCP Zoning Map) Village Area Title Amendment EJ Multiple-Family Residential Zone ~ Looal Shopping Canter Zone ~ Residenti.iil Density-Multiple Zone [§J lndustri.:111 Zone ~ Re&ldential Mobile Home Park Zone: EJ Phillnned Industrial Zone EJ Residential Profession.al Zane ~ Ro&identiaf Touri•t Zone ~ Public UIIUly Zone ~ Rea.idential Waterway Zone ~ Planned Community Zone EXISTING 8 Resident~! Density-Multiple Zone 0 lndustri~IZone §3 Residential Mobile Home Park Zone ~ Planned Ind us trial Zone 8 Residential Professicnal Zone 8 Residential Tourist Zone EJ Public Utility Zone ~ Residenti.;11 Waterway Zone ~ Planned Community Zone 8 Open Space Zone a Limited Control Zone PROPOSED Exhibit Y-4 May 5, 2010 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 PLANNING COMMISSION RESOLUTION NO. 6693 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. CASE NAME: CASE NO: VILLAGE AREA TITLE AMENDMENT ZCA 10-02 WHEREAS, the Planning Director has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code relating to various chapters of the Zoning Ordinance and the Zoning Map; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibits "Z-1" and "Z-2" dated May 5, 2010, and attached hereto VILLAGE AREA TITLE AMENDMENT -ZCA 10-02; and WHEREAS, the Planning Commission did on the 5th day of May, 2010, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT -ZCA 10-02, based on the following findings: Findings: 1. That the proposed Zone Code Amendment ZCA 10-02 is consistent with the General Plan in that it does not affect or conflict with any General Plan regulations, land use designations or policies with which development must comply. 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 2. That the proposed ZCA reflects sound principles of good planning in that it ensures internal consistency with other Zoning Ordinance procedures and standards that are not proposed for amendment, as well as the General Plan and Local Coastal Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on May 5, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6693 -2- 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 ORDINANCE NO. ---- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO MAKE MINOR MODIFICATIONS TO THE ZONING ORDINANCE AND ZONING MAP LABELS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO.: ZCA 10-02 • Exhibit "Z-1" May 5, 2010 The City Council of the City of Carlsbad, California, does ordain as follows: Section I: That Section 21.05.010 (Zone Establishment-Boundaries, Names of Zones) is amended to read as follows: 21.05.010 Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-1-Neighborhood Commercial Zone C-2-General Commercial Zone C-F-Community Facilities Zone C-L-Local Shopping Center Zone C-M-Heavy Commercial-Limited Industrial Zone C-T -Commercial Tourist Zone E-A-Exclusive Agricultural Zone L-C-Limited Control Zone M-lndustrial Zone O-Office Zone O-S-Open Space Zone P-C-Planned Community Zone P-M-Planned Industrial Zone P-U-Public Utility Zone R-1-One-Family Residential Zone R-2-Two-Family Residential Zone R-3-Multiple-Family Residential Zone R-A-Residential Agricultural Zone R-E-Residential Estate Zone R-P-Residential-Professional Zone R-T-Residential Tourist Zone R-W-Residential Waterway Zone RD-M-Residential Density-Multiple Zone RMHP-Residential Mobile Home Park T-C-Transportation Corridor Zone V-R-Village Review Zone BAO-Beach Area Overlay Zone Coastal Agriculture Overlay Zone 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment CN-SO-CommercialNisitor-Serving Overlay Zone F-P-Floodplain Overlay Zone H-O-Hospital Overlay Zone Q-Qualified Development Overlay Zone S-P-Scenic Preservation Overlay Zone Section II: That footnote (8) to Table A of Section 21.45.040 (Planned Developments, Permitted zones and uses) is amended to read as follows: (8) Refer to the Carlsbad Village Master Plan and Design Manual for permitted uses. Section Ill: That the list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is proposed to be amended as follows: Sections: 21.54.010 Applications. 21.54.020 Acceptability of signatures on applications. 21.54.030 Applications a part of permanent record. 21.54.040 Filing fees. 21.54.050 Setting of hearing. 21.54.060 Notices. 21.54.061 Content of notice. 21.54.062 Additional notice to persons requesting it. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Required wording of notices. 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 General plan amendments (except for the coastal zone). 21. 54.130 Restriction on reapplication after denial. 21.54.140 Effective date of order--Appeal of planning director or housing and redevelopment director decisions. 21.54.150 Effective date of order--Appeal of planning commission decisions. Section IV: That Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, Effective date of order-Appeal of planning director or housing and redevelopment director decisions) is amended to read as follows: (a) This section shall apply to those decisions or determinations of the planning director or housing and redevelopment director made pursuant to this title or planning director determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment -2- 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 director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and redevelopment commission" shall be interchangeable with "city council." Section V: That the title of Section 21.54.150 and Section 21.54.150(a) (Procedures, Hearings, Notices and Fees, Effective date of order-Appeal of planning commission or design review board decisions) is amended to read as follows: 21.54.150 (a) Effective date of order-Appeal of planning commission decisions. This section shall apply to those decisions or determinations of the planning commission made pursuant to this title or Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" and "housing and redevelopment commission" shall be interchangeable with "city council." Section VI: That Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is proposed to be amended as follows: Table A Zones Where Housing for Senior Citizens Is Permitted Zone Housing for Senior Citizens R-3 SOP R-P SOP* R-T SOP R-W SOP RD-M SDP V-R ** P-C ** Note: Housing for Senior Citizens is prohibited in those zones not indicated. *The city may approve a site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property permits residential uses. ** May be permitted subject to the standards of the controlling document (i.e., in V-R zone -Carlsbad Village Master Plan and Design Manual, and in P-C zone -applicable master plan) and the provisions of this chapter. -3- 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 VII: That Section 21.201.020.H (Coastal Development Permit Procedures, Definitions) is amended to read as follows: H. "Coastal zone" means the coastal zone of the city as described in the Public Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the Agua Hedionda Lagoon and Village Area segments of the Carlsbad Local Coastal Program). EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, but not until certified by the California Coastal Commission and the City Clerk 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 Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ day of _____ 2010, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ day of _____ 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -4- Exhibit Z-2 May 5, 2010 ZCA 10-02 (Zoning Map) Village Area Title Amendment Local Shopping Center -General & Neighborhood Commercial -Tourist Commercial -Heavy Commercial -Industrial P:t.,'l Planned Industrial P-U Public Utility illage Redevelopmen P-c Planned Community L-C Limited Control Open Space -Transportation Corridor Multiple Designations other Roads ,,'.,,, Arterial Roadway •• ~ ... .,• Scenic Preservation Overlay >:::."-i-.".-:".·.·._. Special Flood Hazard Area ( .... : ··.·:. ' =======~ Commarcial Visitor Ser.iing _ill Beach Overlay Zone EXISTING LEGEND ( partial) Local Shopping Center -General & Neighborhood Commercial -Tourist Commercial -Heavy Commercial -Industrial ?-!"1 .. J Planned Industrial P-lJ Public Utility ~ P-c Planned Community L-c Limited Control Open Space -Transportation Corridor Multiple Designations Other Roads /',/ Arterial Road,,vay • ••• .•• Scenic Preservation Ovarlay Special Flood Hazard Area ( =§:=~§:J Commercial Visitor Serving \ \ \ Beach Overlay Zone PROPOSED LEGEND (partial) Carlsbad General Plan Section 11.C.3.d Underline/Strikeout Exhibit Land Use Element access. Landscaped buffers should be provided around the project site between neighborhood commercial uses and other uses to ensure compatibility. All buildings should be low-rise and should include architectural/design features to be compatible with the neighborhood. Permitted uses and building intensities should be compatible with surrounding land uses. b. Regional Commercial (R): Regional commercial centers provide shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishing in full depth and variety. Two or more department stores are typically the major anchors of a regional shopping center, while other stores supplement and complement the various department store lines. New forms of regional centers may include such developments as outlet centers with an aggregation of factory outlet stores where there are no specific anchor tenants although such centers are regional and enjoy a strong tourist trade. Regional centers draw customers from outside the City and generate interregional traffic. For this reason, such centers are customarily located on a site that is easily visible as well as accessible from interchange points between highways and freeways. Local shopping centers may be adjunct to regional centers to also serve the daily convenience needs of customers utilizing the larger shopping center. A group of convenience stores, service facilities, business and professional offices are also often associated with a regional center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. c. Travel/Recreation Commercial (TR): This land use category designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. Such uses may include, but are not limited to, hotels and motels, restaurants, recreation facilities, museums, travel support services, and specialty retail uses catering to tourists. Travel/recreation commercial uses are generally located near major transportation corridors or recreational and resort areas such as spas, hotels, beaches or lagoons. Travel/recreation commercial uses Amended June 23, 2009 Attachment 4 May 5, 2010 should be compatible with and designed to protect surrounding properties, should ensure safe traffic circulation and should promote economically viable tourist-oriented areas of the City. d. Village (V): The Village addresses land uses located in the heart of "old" Carlsbad in the area commonly referred to as the "downtown." Permitted land uses may include retail stores, offices, financial institutions, restaurants and tourist-serving facilities. Residential uses can be intermixed throughout the area. The Village Area is regulated by the Carlsbad Village Master Plan and Design Manual. e. Office and Related Commercial (0): This classification designates areas that are compatible with and environmentally suited for office and professional uses, as well as related commercial uses. This designation is especially appropriate for medical office use. Office and related commercial land use can be used as buffers between retail commercial areas and residential uses. 4. PLANNED INDUSTRIAL (Pl) Planned Industrial land uses include those areas currently used for, proposed as, or adjacent to industrial development, including manufacturing, warehousing, storage, research and develop-ment, and utility use. Agricultural and outdoor recreation uses on lots of one acre or more are considered to be a proper interim use for industrially designated areas. 5. GOVERNMENTAL FACILITIES (G) This classification of land use designates areas currently being used for major governmental facilities by agencies such as the city, county, state, or federal government. Facilities within this category may include uses such as civic buildings, libraries, maintenance yards, police and fire stations and airports (McClellan-Palomar Airport). Smaller facilities, such as branch libraries, may be found in other land use designations, such as commercial, and are not shown on the land use map. Page 19 Carlsbad General Plan Section I1.D.3 Underline/Strikeout Exhibit Attachment 5 May 5, 2010 City of Carlsbad General Plan Land Use Element, Section I1.D.3 (Special Planning Considerations -Coastal Zone Programs) is proposed to be amended as follows: 3. COASTALZONEPROGRAMS In 1972, California voters approved Proposition 20 which led to the enactment of the State law (California Coastal Act of 1976) which regulates any development within California's Coastal Zone. The Coastal Act requires that individual jurisdictions adopt Local Coastal Programs (LCP) to implement the State law at a local level. Carlsbad's Local Coastal Program is consistent with the General Plan, but it is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. Approximately one-third of the City is located within the Coastal Zone. The City's coastal zone has been divided into six segments and each segment is regulated by separate LCP's (See Map 4: Local Coastal Program Boundary). The boundaries of the City's Coastal Zone which were established by the State are depicted on the Land Use Map. Almost every conceivable type of development proposal within the Coastal Zone from removal of natural vegetation to the construction of huge master planned communities requires the approval of a Coastal Development Permit (CDP) in addition to any other permits or entitlements. The land use policies, programs and regulations of the relevant LCP shall be referred to in addition to the General Plan, the Municipal Code and other pertinent regulations for guiding land use and development within the Coastal Zone. Although the City has adopted LCP segments for all of its Coastal Zone, The California Coastal Commission currently retains Coastal Development Permit authority in the Agua Hedionda Segment. it only has authority to issue Coastal Development Permits within the Redevelopment segment. In the remaining five segments, the City has the authority to issue Coastal Development Permits. the California Coastal Commission currently retains Coastal Development Permit authority. Carlsbad is actively pursuing the lengthy task of effectively implementing the five LCP segments in order to transfer permit authority to the City. In those circumstances where an issue is not addressed by the Local Coastal Program Land Use Plan, but is addressed by the City of Carlsbad General Plan, no coastal development permit, or exemption may be granted unless the project considered is found by the appropriate authority to be consistent with the City of Carlsbad General Plan. In those circumstances where an issue is addressed by both the Local Coastal Program Land Use Plan and the City of Carlsbad General Plan, the terms of the Local Coastal Program Land Use Plan shall prevail. Local Coastal Program Underline/Strikeout Exhibit Land Use -Introduction Attachment 6 May 5, 2010 Chapter I the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was prepared by the City and approved by the Coastal Commission on July 1, 1982. Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and conflicts between the City and Commission over the years. These segments cover a good portion of the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued negotiations with the Commission through a City Council-formed special committee comprised of Commission staff and City officials to resolve issues. In September of 1984 the Governor signed Assembly Bill 37 44 ( effective January 1, 1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone. In the summer of 1985, the City submitted two amendment requests to the Commission and, in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments.. These major amendments to the LCP involved changes to the agricultural preservation, steep slope and housing protection policies of the Mello I and II segments. After certification of these amendments, the City adopted the Mello I and II LCP segments and began the process of preparing documents for "effective" certification of the entire LCP. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal development permit for a project comprising the majority of the uplands within that segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing ordinances. The plan area of the Village Area segment (previously titled "Village Area Redevelopment: segment} was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment. The City assumed permit authority for this segment on December 14, 1988. In November 2009, the title of this segment was changed to the "Village Area" segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the boundaries and policies affecting this segment are unchanged. The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I area and an area annexed ( 1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The segment was certified by the Commission (land use and master plan as implementing ordinances) in March of 1988. City of Carlsbad 4 Local Coastal Program ZCA 10-02 -Village Area Title Amendment Underline/Strikeout Exhibit ATTACHMENT 7 Section 21.05.010 (Zone Establishment -Boundaries, Names of Zones) is proposed to be amended as follows: 21.05.010 -Names of zones. In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, thirty-six classes of zones and overlay zones are established by this title to be known as follows: C-1-Neighborhood Commercial Zone C-2-General Commercial Zone C-F-Community Facilities Zone C-L-Local Shopping Center Zone C-M-Heavy Commercial-Limited Industrial Zone C-T-Commercial Tourist Zone E-A-Exclusive Agricultural Zone L-C-Limited Control Zone M-Industrial Zone O-Office Zone O-S-Open Space Zone P-C-Planned Community Zone P-M-Planned Industrial Zone P-U-Public Utility Zone R-1-One-Family Residential Zone R-2-Two-Family Residential Zone R-3-Multiple-Family Residential Zone R-A-Residential Agricultural Zone R-E-Residential Estate Zone R-P-Residential-Professional Zone R-T-Residential Tourist Zone R-W-Residential Waterway Zone RD-M-Residential Density-Multiple Zone RMHP-Residential Mobile Home Park T-C-Transportation Corridor Zone V :R-Village Review Redevelopment Zone BAO-Beach Area Overlay Zone Coastal Agriculture Overlay Zone Coastal Resource Protection Overlay Zone Coastal Shoreline Development Overlay Zone Coastal Resource Overlay Zone Mello I LCP Segment CN-SO-CommercialNisitor-Serving Overlay Zone F-P-Floodplain Overlay Zone H-O-Hospital Overlay Zone Q-Qualified Development Overlay Zone S-P-Scenic Preservation Overlay Zone ZCA 10-02 -VILLAGE AREA TITLE AMENDMENT Underline I Strikeout Exhibit 21.45.040 -Planned Developments, Permitted zones and uses. May 5, 2010 Footnote (8) to Table A of Section 21.45.040 (Planned Developments, Permitted zones and uses) is proposed to be amended as follows: (8) Refer to the Carlsbad Village Redevelopment Master Plan and Design Manual for permitted uses. 21.54 -Procedures, Hearings, Notices and Fees The list of sections in Chapter 21.54 (Procedures, Hearings, Notices and Fees) is proposed to be amended as follows: Sections: 21.54.010 Applications. 21.54.020 Acceptability of signatures on applications. 21.54.030 Applications a part of permanent record. 21.54.040 Filing fees. 21.54.050 Setting of hearing. 21.54.060 Notices. 21.54.061 Content of notice. 21.54.062 Additional notice to persons requesting it. 21.54.063 Failure to receive notice. 21.54.064 Applicant's responsibilities. 21.54.070 Required wording of notices. 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 General plan amendments ( except for the coastal zone). 21.54.130 Restriction on reapplication after denial. 21.54.140 Effective date of order--Appeal of planning director or housing and redevelopment director decisions. 21.54.150 Effective date of order--Appeal of planning commission_ or design review board decisions. 21.54.140 -Procedures, Hearings, Notices and Fees, Effective date of order. Section 21.54.140(a) (Procedures, Hearings, Notices and Fees, Effective date of order-Appeal of planning director or housing and redevelopment director decisions) is proposed to be amended as follows: (a) This section shall apply to those decisions or determinations of the planning director or housing and redevelopment director made pursuant to this title or planning director determinations pursuant to Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" "design review board" shall be interchangeable with "planning commission;" and "housing and redevelopment commission" shall be interchangeable with "city council." 2 ZCA 10-02-VILLAGE AREA TITLE AMENDMENT Underline / Strikeout Exhibit 21.54.150 -Procedures, Hearings, Notices and Fees, Effective date of order. May 5, 2010 The title of Section 21.54.150 and Section 21.54.l 50(a) (Effective date of order--Appeal of planning commission or design review board decisions) are proposed to be amended as follows: 21.54.150 Effective date of order--Appeal of planning commission or design review board decisions (a) This section shall apply to those decisions or determinations of the planning commission or design reviev,r board made pursuant to this title or Title 19. Accordingly, in this section, "housing and redevelopment director" shall be interchangeable with "planning director;" "housing and redevelopment department" shall be interchangeable with "planning department;" "design review board" shall be interchangeable ·.vith "planning commission;" and "housing and redevelopment commission" shall be interchangeable with "city council." 21.84.040 -Housing for Senior Citizens. Table A of Section 21.84.040 (Housing for Senior Citizens, Use Table) is proposed to be amended as follows: Table A Zones Where Housing for Senior Citizens Is Permitted Zone Housing for Senior Citizens R-3 SDP R-P SDP* R-T SDP R-W SDP RD-M SDP V-R ** P-C ** Note: Housing for Senior Citizens is prohibited in those zones not indicated. * The city may approve a site development plan for housing for senior citizens on property in the R-P zone where the general plan applicable to such property permits residential uses. * * May be permitted subject to the standards of the controlling document (i.e., in V-R zone -Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual, and in P-C zone -applicable master plan) and the provisions of this chapter. 21.201.020 -Coastal Development Permit Procedures, Definitions. Section 21.201.020.H (Coastal Development Permit Procedures, Definitions) is proposed to be amended as follows: H. "Coastal zone" means the coastal zone of the city as described in the Public Resources Code Section 30103. This chapter shall apply in the coastal zone (except in the Agua Hedionda Lagoon and Village Area redevelopment segments of the Carlsbad Local Coastal Program). 3