HomeMy WebLinkAbout2009-08-18; City Council; Resolution 2009-2261
2 CITY COUNCIL RESOLUTION NO. 2009-226
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A ZONE CODE AMENDMENT (CHAPTER
4 21.35) TO APPROVE AMENDMENTS TO THE VILLAGE MASTER PLAN
AND DESIGN MANUAL AND IMPLEMENTING ORDINANCE TO
5 ACCEPT THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS FOR LOCAL COASTAL PLAN CERTIFICATION
6 PURPOSES.
7 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
AMENDMENTS
8 CASE NO.: ZCA 95-10(a)/LCPA 95-10(al/MCA95-01(a)
9 WHEREAS, on or about December 5, 2007, the City Council took action to submit
an application for an amendment to the Local Coastal Program (LCPA 95-1 Oa) for the
10 Village Redevelopment Segment of the Carlsbad Coastal Zone, and for all properties
located within the Village Redevelopment Project Area, to the California Coastal
11 Commission, including review, approval and certification of the Village Master Plan and
Design Manual approved by the Housing and Redevelopment Commission on
November 20, 2007; and
WHEREAS, said verified application was reviewed by the California Coastal
14 Commission and approved, with suggested modifications; and
15 WHEREAS, the California Coastal Commission has forwarded and the City of
Carlsbad acknowledges receipt of the Commission's resolution of certification dated July
16 23, 2009, including suggested modifications; and
17 WHEREAS, in accordance with Carlsbad Municipal Code, Title 21, Chapter
21.52, Section 21.52.020, the City of Carlsbad has prepared an amendment to Carlsbad
Municipal Code Title 21, Chapter 21.35 relating to policies, processes, procedures for
19 the V-R Village Redevelopment Zone (CMC 21.35) and the Village Master Plan and
Design Manual, which sets forth the land use classifications and development standards
20 for the Village Redevelopment Zone; and
21 WHEREAS, the proposed amendment is set forth in Ordinance No. CS-052, and
noted as Exhibit "Xa," dated July 31, 2009, and attached hereto as "Chapter 21.35 V-R
22 VILLAGE REDEVELOPMENT ZONE - ZCA 95-10(A)"; and
23 WHEREAS, the City Council did on the 18th day of August, 2009 hold a duly
noticed public hearing as prescribed by law to consider said request; and
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25 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information
26 submitted by staff, and considering any written comments received, the City Council
considered all factors relating to the Zone Code Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
as follows:
a) That the foregoing recitations are true and correct.
b) That based on the evidence presented at the noted public hearing, the Council
hereby APPROVES said amendments to the Village Master Plan and Design
Manual as set forth by the Housing and Redevelopment Commission as
acknowledgement of receipt of the California Coastal Commission's resolution of
certification, dated July 23, 2009 approving the City's Local Coastal Program
Amendment 95-1 Oa with suggested modifications, and hereby APPROVES
Ordinance No. CS-052 to incorporate said amendments into Chapter 21.35 of the
Carlsbad Municipal Code.
c) The City Council accepts the suggested modifications proposed by the
California Coastal Commission in its conditional approval of LCPA 95-1 Oa.
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d) The proposed amendments will be effective for all properties within the Village
Segment of the Carlsbad Coastal Zone upon final certification by the California
Coastal Commission.
CC Resolution No.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council and the Housing and Redevelopment Commission of the City of Carlsbad on
the 18th day of August, 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Lewis, Kulchin, Blackburn
None
Hall, Packard
CLAUDE A. LEWIS, MAYOR
ATTEST:
TANT CITY CLERK
Chapter 21.35 V-R VILLAGE REDEVELOPMENT ZONE
21.35.010 Intent and purpose.
21.35.020 Incorporation of redevelopment plan and village master plan and design manual
by reference.
21.35.030 Land affected by this chapter.
21.35.040 Permitted uses.
21.35.050 Provisional uses.
21.35.060 General regulations.
21.35.070 Redevelopment permit.
21.35.080 Redevelopment projects.
21.35.085 Permit application.
21.35.090 Housing and redevelopment director action.
21.35.100 Design review board action.
21.35.110 Effective date of order-Appeal of design review board decision.
21.35.115 Housing and redevelopment commission action.
21.35.117 Notice of public hearings.
21.35.120 Consolidation of other permits and discretionary approvals-Findings
reguirements.
21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
21.35.150 Amendments.
21.35.010 Intent and purpose.
The village redevelopment zone is intended to establish land use classifications and develop
standards and procedures for that area of the city described in the Carlsbad village area
redevelopment plan, as adopted by city council Ordinance No. 9591. This zone adopts the land
use classifications and development standards of the Carlsbad village area redevelopment plan
and of the village master plan and design manual adopted pursuant to the redevelopment plan as
the zoning for the area designated. (Ord. NS-330 § 4 (part), 1995)
21.35.020 Incorporation of redevelopment plan and village master plan and design
manual by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No.
9591 on July 21,1981, and the village master plan and design manual as adopted by Carlsbad
housing and redevelopment commission Resolution No. 271 on November 21, 1995, and
modified by Carlsbad housing and redevelopment commission Resolutions No. 280 on August
13,1996, No. 291 on December 16, 1997, and No. 379 on April 13, 2004, and modified by
Carlsbad housing and redevelopment commission Resolution No.446 on November 20, 2007,
and modified by Carlsbad housing and redevelopment commission Resolution No. on
August ,2009 are hereby adopted by reference and incorporated into this chapter. (Ord.
NS-703 § 2, 2004: Ord. NS-439 §11, 1998: Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord.
NS-330 § 4 (part), 1995)
21.35.030 Land affected by this chapter.
This chapter shall apply only to lands located within the boundaries of the Carlsbad village area,
the boundaries of which are described in the Carlsbad village area redevelopment plan. (Ord. NS-
330 § 4 (part), 1995)
21.35.040 Permitted uses.
Only those uses specified in the Carlsbad village area redevelopment plan and the village master
plan and design manual as permitted uses for particular property in the village redevelopment
area shall be permitted. (Ord. NS-330 § 4 (part), 1995)
21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the
village master plan and design manual shall be permitted upon issuance of a redevelopment
permit approved according to this chapter. (Ord. NS-330 § 4 (part), 1995)
21.35.060 General regulations.
Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad
village redevelopment plan or the village master plan and design manual, the regulations of this
title which apply to uses generally or generally to all zoning classifications shall apply to property
and uses in this zone. (Ord. NS-330 § 4 (part), 1995)
21.35.070 Redevelopment permit.
Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no
development shall occur in the area subject to this chapter without a redevelopment permit. (Ord.
NS-330 § 4 (part), 1995)
21.35.080 Redevelopment projects.
(a) Exempt Projects. No redevelopment permit shall be required for an exempt project. An
exempt project is one which is exempt from the requirement to obtain a coastal development
permit in accordance with Section 21.81.030; and requires no redevelopment permit or other
discretionary approvals, and includes but is not limited to:
(1) Interior or Exterior improvements to existing structures which do not result in the intensity of
use of a structure; and/or
(2) Additions to existing structures which result in a cumulative increase of less than 10% of the
internal floor area; and/or
(3) Changes in permitted land uses which do not require site changes, result in increased ADT,
result in increased parking requirements, or result in compatibility issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or,
(5) Repair or maintenance activities which are exempt from a coastal development permit; and/or.
(6) Activities of public utilities regulated by a government agency; and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure outside the Village Segment of the Carlsbad Coastal Zone, provided
that said demolition has not potential to create an unless such demolition activity has the potential
to have an adverse impact on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of redevelopment permits required for nonexempt
projects. One permit for each type of redevelopment project described as follows:
(1) Administrative Redevelopment Project. An administrative redevelopment project is one which
results in minor new construction and/or a change in a development which requires no other
discretionary approvals, except an administrative variance within the authority of either the
director of planning or the housing and redevelopment director, and includes, but is not limited to:
(A) New construction of building(s) or addition(s) to the building footprint with an estimated permit
value of less than sixty thousand dollars; and/or
(B) Interior or exterior improvements to existing structures which result in an intensity of use;
and/or
(C) Provisional land uses, where a minor or major redevelopment permit is not required; and/or
(D) Changes in permitted land uses which result in site changes, increased ADT, increased
parking requirements, or result in compatibility issues/problems; and/or
(E) Signs for existing businesses or facilities; and/or
(F) Repair or maintenance activities which are not exempt projects; and/or
(G) Demolition of a structure within the Village Segment of the Carlsbad Coastal Zone provided
that said demolition has no has the potential to create trave an adverse impact on coastal
resources and/or public access to the coast; and does not include any overnight
accommodationsT
(2) Minor Redevelopment Project. A minor redevelopment project is one which does not qualify
as an administrative redevelopment project and/or involves new construction with an estimated
permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars.
(3) Major Redevelopment Project. A major redevelopment project is one which does not qualify
as an administrative or minor redevelopment project and/or involves new construction with an
estimated permit value of one hundred fifty thousand dollars or more. (Ord. NS-330 § 4 (part),
1995)
21.35.085 Permit application.
(a) An application for a redevelopment permit for a non-exempt project as defined in Section
21.35.080 may be made by the record owner or owners of the property, or the authorized agent
or agents for the property, on which the development is proposed. The application shall be filed
with the director upon forms provided by the director, and shall be processed in accordance with
the provisions of Section 21.54.010 of this code.
(b) If signatures of persons other than the owners of property making the application are required
or offered in support of, or in opposition to, an application, they may be received as evidence of
notice having been served upon them of the pending application, or as evidence of their opinion
on the pending issue, but they shall in no case infringe upon the free exercise of the powers
vested in the city as represented by the design review board and the housing and redevelopment
commission.
(c) The application shall be accompanied by a fee in the amount established by city council
resolution. No application shall be accepted or deemed accepted until the appropriate fee or fees
have been paid. (Ord. NS-330 § 4 (part), 1995)
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if the project
is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be
required for a project which is exempt from the requirements of this chapter.
The director shall determine the exemption based on the certified local coastal program, including
maps, categorical exclusions and other exemptions, land use designations, zoning ordinances
and the village master plan and design manual. In granting an exemption, the director may
impose such conditions as are necessary to protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten calendar days of
the determination that the application is complete. The decision of the director on all exempt
determinations is final, (subject to the potential dispute resolution process as provided in Section
21.81.050).
The director shall maintain a record of all determinations made on projects exempt from the
requirements of this chapter. The records shall include the applicant's name, an indication that
the project is located in the village area, the location of the project, and a brief description of the
project. The record shall also include the reason for exemption.
(b) The director may approve, conditionally approve or deny administrative redevelopment
permits as defined in Section 21.35.080, subject to appeal to the design review board.
(c) After all necessary reports and recommendations have been received the director shall
transmit the application for a minor or major redevelopment permit together with the reports and
the recommendations of the appropriate departments to the design review board for a public
hearing.
(d) The director shall transmit to the design review board all timely appeals on administrative
permits and administrative variances.
(e) The director may grant, conditionally grant or deny applications for the types of administrative
variances set forth in Section 21.51.020 of this code and in accordance with the procedures
provided in Chapter 21.51 of this code, except that the director and the design review board shall
serve as the appropriate approving bodies for projects within the village redevelopment area. If
the project includes other discretionary approvals outside the director's authority, the director
shall set the consolidated project for public hearing by the design review board.
(f) The effective date of order of a housing and redevelopment director decision and the method
for appeal of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 §
33, 2003; Ord. NS-330 § 4 (part), 1995)
21.35.100 Design review board action.
(a) The design review board shall hold a public hearing on:
(1) Appeals of decisions made by the director on administrative redevelopment permits as
defined in Section 21.35.080 or administrative variances;
(2) Minor or major redevelopment permits and tentative maps; and
(3) Nonadministrative variances for which the board has final decision-making authority pursuant
to Section 21.35.130(b).
(b) For major redevelopment projects, the board shall consider the evidence and by resolution
report and recommend to the housing and redevelopment commission approval, conditional
approval, or denial of the project. Such resolution shall state, among other things, the facts and
reasons why the board determined the approval, conditional approval or denial to be consistent
with this chapter. The action to approve, conditionally approve or deny is advisory to the
commission.
(c) The board shall have sole authority to consider the evidence and by resolution report and
recommend to the housing and redevelopment commission and/or city council approval,
conditional approval, or denial of revisions to applicable chapters of the Carlsbad Municipal
Code, Village Redevelopment Plan, Village Master Plan and Design Manual and/or other policy
documents specifically related to activities which benefit and/or otherwise impact the Village
Redevelopment Area.-.(Ord. NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995)
21.35.110 Effective date of order-Appeal of design review board decision.
The effective date of the design review board's decision and method for appeal of such decision
shall be governed by Section 21.54.150 of this code. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2,
1999: Ord. NS-330 § 4 (part), 1995)
21.35.115 Housing and redevelopment commission action.
The housing and redevelopment commission shall hold a public hearing on:
(a) Any major redevelopment permit and/or tentative map for which the design review board has
filed a report and recommendation with the city clerk; or
(b) Any other matter made appealable to the commission by this chapter and which has been
timely appealed. (Ord. NS-330 § 4 (part), 1995)
21.35.117 Notice of public hearings.
Notice of any public hearing required by this chapter shall be given as provided in Section
21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995)
21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
(a) Whenever a project would require a permit or approval under the provisions of this
title and/or Title 20, notwithstanding this chapter, the redevelopment permit shall be
deemed to satisfy the requirements for such permit or approval; provided, however, that
in considering the redevelopment permit for said project the director, design review board
and the housing and redevelopment commission shall apply the provisions of this chapter
and Title 20, if applicable for a tentative or final map, and the provisions of this title and
Title 20, otherwise applicable to such other permit or approval for the project.
(b) Whenever a project consists only of exemption determinations and/or administrative
permits or administrative variances within the authority of either the director of planning
or the director, they shall be consolidated and considered by the director, subject to
appeal to the design review board with regard to determinations other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the director's
administrative permit or administrative variance authority, the administrative permit
and/or administrative variance aspects shall be consolidated with the other matters and
submitted to the design review board.
(d) No variance, determination of exemption or administrative, minor or major
redevelopment permit shall be granted unless the decisionmaker finds, in addition to any
other findings otherwise required for the project, that the project as approved, or
conditionally approved is consistent with this code, the general plan, the Carlsbad village
area redevelopment plan and the village master plan and design manual. (Ord. NS-330 §
4 (part), 1995)
21.35.130 Variances.
(a) The housing and redevelopment commission may grant variances from the limits,
restrictions and controls established by this chapter for major redevelopment permits if
the commission finds that:
(1) Because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zone regulation
deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning classification;
(2) The variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding;
(3) The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property;
(4) The variance is consistent with the general purpose and intent of the general plan,
Carlsbad village area redevelopment plan, and the Carlsbad village redevelopment master
plan and design manual;
(5) In addition, in the coastal zone, that the variance is consistent with and implements
the requirements of the certified local coastal program and that the variance does not
reduce or in any manner adversely affect the protection of coastal resources as specified
in the zones included in this title, and that the variance implements the purposes of zones
adopted to implement the local coastal program land use plan.
(b) An application for a variance shall be processed in the same manner established by
this chapter for a redevelopment permit.
(c) The design review board may grant variances from the limits, restrictions and controls
established by this chapter for minor redevelopment projects (or otherwise administrative
projects consolidated or on appeal from a director decision), if the board makes the
variance findings set forth in subsection (a) of this section.
(d) The director may grant administrative variances in accordance with Section
21.35.090(e), if the director makes the findings set forth in subsection (a) of this section.
(Ord. NS-675 § 36, 2003: Ord. NS-330 § 4 (part), 1995)
21.35.135 Extension of redevelopment permit
An application for a time extension for a redevelopment permit shall be processed
directly by the final approving authority for a redevelopment permit as set forth within
this chapter, unless authority is granted otherwise by the final approving authority. For
example, the housing and redevelopment commission has final approving authority for all
major redevelopment permits and subsequently for all related time extensions. The time
extension application may be submitted directly to the housing and redevelopment
commission for approval, and/or the commission may grant approval authority to the
design review board and/or housing and redevelopment director.
21.35.140 Compliance with other provisions of this code.
Projects developed pursuant to this chapter shall be subject to the provisions of the
Carlsbad village area redevelopment plan and the village master plan and design manual
and all other applicable provisions of the Carlsbad Municipal Code, including but not
limited to those provisions of Titles 18,19 and 20. (Ord. NS-330 § 4 (part), 1995)
21.35.150 Amendments.
Amendments to the Carlsbad village area redevelopment plan or the village master plan
and design manual shall be deemed to be amendments to this chapter; provided, however,
that such amendments are processed and noticed in a manner which meets the
requirements of Chapter 21.52 of this code. Amendment of the village master plan and
design manual by housing and redevelopment commission resolution, with a
recommendation from the design review board, shall be deemed to satisfy the
requirements of Chapter 21.52 of this code, provided all other requirements are met.
(Ord. NS-330 § 4 (part), 1995)