HomeMy WebLinkAbout1983-03-15; Housing & Redevelopment Commission; 13; Amendment to Village Redevelopment ZoneHOUSING AND - EDEVELOPMENT COMYISL-,N - AGENDA BILL
(1:’ 3-J
--
LB# 013 TITLE: ZONE CODE AMENDMENT-AMENDMENT TO VILLAGE
ATG. 3/15/83 REDEVELOPMENT ZONE. PROCEDURAL CHANGES.
ZCA-160- CITY OF CARLSBAD
IEPT. RE D CITY MGFtl=
RECOMMENDED ACTION:
Review ordinance and recommend approval to City Council.
-c
ITEM EXPLANATION
3n August 3, 1982, the City Council adopted the Village Redevelopment Zone
setting up procedures for the issuance of redevelopment permits. The
redevelopment permit process has been operating under this ordinance for the
last few months. Since the ordinance has been in operation it has become apparent
that several minor changes are necessary to improve the process. The proposed
changes are discussed below.
i/R Zone - Chapter 21.35
inor ition. M
$20,000.
1) 21.35.80 - A proposed revision to the minor projects defin
projects would be defined as less than $50,000 rather than
2) 21.35.100 - Currently the VR zone requires a public hearing for all projects
in the Redevelopment Area. The proposed changes would make the Design Review
Board action final on minor projects with no public hearing involved. Major
projects would still have a hearing and would be reviewed by the Housing
and Redevelopment Commission. This section also makes denials by the Board
final unless appealed to the Housing and Redevelopment Commission.
3) 21.35.110 - This section also amends the appeal process essentially allowing
any citizen to appeal any decision of the Board to the Housing and
Redevelopment Commission,
The proposed changes are designed to make it easier to process minor projects in
the Redevelopment Area. The Design Review Board unanimously recommended approval
sf the proposed amendments to the VR Zone at their February 9, 1983, meeting.
ENIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a
significant effect on the environment and has issued a statement of prior
compliance on January 28, 1983.
FISCAL IMPACT
lpproval of this request will not cause any fiscal impacts to the City.
:XHIBITS
1 - City Council Ordinance No. 96'77 .
? - Design Review Board Resolution No. 013.
3 - Staff Report, dated February 9, 1983, w/attachments.
1
2
3
4
5
6
7
8
9
1C
11
12 n
1s
2c
21
2:
2:
24
2f
2e
25
2f
ORDINANCE NO. 9679
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ': OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, >..
CHAPTER 21.35 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 21.35.080, 21.35.100 AND 21.35.110 TO MAKE PROCEDURAL CHANGES TO THE VILLAGE REDEVELOPMENT ZONE. APPLICANT: CITY OF CARLSBAD.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21 of the Carlsbad Municipal
Code is amended by the amendment of Chapter 21.35, Sections
21.35.080, 21.35.100 and 21.35.110, to read as follows:
21.35.080 Minor Projects. A minor project includes: (a) Requests not involving a structural change; (b) Projects involving a structural change costing less than $50,000; (c) Use changes in existing buildings; (d) New signs or changes to existing signs.
21.35.100 Design Review Board Action. (a) The Design Review Board shall hold a public hearing on all redevelopment permits except for minor projects. (b) For minor projects defined in Section 21.35.080, the Design Review Board shall consider the evidence and by resolution approve, conditionally approve or deny the project. Such determination shall be made in accordance with this code, the General Plan, the Carlsbad Village Area Redevelopment Plan and the Village Design Manual. (c) For all other projects the Board shall consider the evidence and by resolution recommend to the Housing and Redevelopment Commission approval, conditional approval of the project 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 consistant with this chapter. The action of the Board to deny the permit is final unless appealed to the Commission. The action to approve or conditionally approve is advisory to the Commission and the City Clerk shall set the matters to public hearing before the Commission within thirty days after the adoption of the resolution. (d) Notice of public hearings shall be given as provided in Section 21.54.060(l) of this Code.
21.35.110 Appeal to Housing and Redevelopment Commission. Any interested party may appeal a Design Review Board decision on a minor project or denial of any other project by filing a written appeal with the City Clerk within ten days of the date of the decision.
1
2
3
4
5
6
7
8
9
10
11
12
13
,14
15
16
27
1E
19
20
21
22
23
24
25
26
27
28
.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify.20 the :
adoption of this ordinance and cause it to be published at' least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 1st day of March, 1983, and
thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1st day of March, 1983, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
1
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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
.-
DESIGN REVIEW BOARD RESOLUTION NO. 013
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER
21.35 (VR ZONE), SECTIONS 21.35.80, 21.35.100 AND 21.35.110, OF THE CARLSBAD MUNICIPAL CODE TO MAKE MINOR PROCEDURAL CHANGES TO THE REDEVELOPMENT PERMIT PROCESS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-160
WHEREAS, the Design Review Board did, on the 9th day of
February, 1983, hold a duly noticed public hearing as prescribed
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 Board considered all factors relating
the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
to
B) That based on the evidence presented at the public hearing, the Design Review Board recommends APPROVAL of ZCA-160, according t Exhibit "A", dated February 9, 1983, attached hereto and made a part hereof, based on the following findings:
Findings:
1) That the existing Chapter 21.35 of the Carlsbad Municipal Code needs revision to make it more flexible for minor projects.
2) That minor projects do not need a public hearing.
3) That decisions made by the Design Review Board for minor projects are appealable to the Housing and Redevelopment Commission.
////
////
////
////
///I
&I
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 9th day of February, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COMMUNITY REDEVELOPMENT MANAGER
DRB RESO NO. 013 .2
STAFF REPORT _--
DATE: February 9, 1983
TO: Design Review Board
FROM: Land Use Planning Office
SUBJECT: ZCA-160 - CITY OF CARLSBAD - Amendments to Chapter 21.35, Village Redevelopment Zone, making minor procedural changes.
I. RECOMMENDATION
It is recommended that the Design Review Board ADOPT Resolution No. 013, recommending to the City Council APPROVAL of ZCA-160.
II. PROJECT DESCRIPTION
On August 3, 1982, the City Council adopted the Village Redevel- opment Zone setting up procedures for the issuance of redevel- opment permits. The redevelopment permit process has been operating under this ordinance for the last few months. Since the ordinance has been in operation it has become apparent that several minor changes are necessary to improve the process. The proposed changes are discussed below.
VR Zone - Chapter 21.35
1)
2)
3)
21.35.80 - A proposed revision to the minor projects definition. Minor projects would be defined as less than $50,000 rather than $20,000.
21.35.100 - Currently the VR zone requires a public hearing for all projects in the Redevelopment Area. The proposed change would make the Design Review Board action final on minor projects with no public hearing involved. Major projects would still have a hearing and would be reviewed by the Housing and Redevelopment Commission. This section also makes denials by the Board final unless appealed to the Housing and Redevelopment Commission.
21.35.110 - This section also amends the appeal process essentially allowing any citizen to appeal any decision of the Board to the Housing and Redevelopment Commission.
The proposed changes are designed to make it easier to process minor projects in the Redevelopment Area. Design Review Board Resolution No. 013 Exhibit "A" shows the ordinances as revised. Exhibit "X" shows the existing and proposed wording.
III. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and has issued a statement of prior compliance on January 28, 1983.
ATTACHMENTS
1. Design Review Board Resolution No. 013
2. Exhibit "X1', Existing and Proposed Text
CDG:kb
l/31/83
-2-
- EXHIBIT X
21.35.100 Design Review Board action.
a) The design review board shall hold a public hearing on all redevelopment permits except for minor projects. b) For minor projects defined in Section 21.35.080, the design review board shall consider the evidence and approve, conditionally approve or disapprove the project. Such determination shall be made in accordance with this code, the general plan, the Carlsbad village area redevelopment plan and the village design manual. c) For all other projects the board shall consider the evidence and by formal resolution announce its action. Same resolution shall recommend among other things the facts and reasons which, in the opinion of the board made the approval, conditional approval or denial necessary to carry out the purpose of this chapter and shall recommend the approval or conditional approval of the permit by the housing and redevelopment commission, or deny the permit. The action of the board to deny the permit is final unless appealed to the commission. The action to approve or conditionally approve is advisory to the commission and the city clerk shall set the matters to public hearing before the commission within thirty days after the adoption of the resolution. d) Notice of public hearings shall be given as provided in Section 21.54.060(l) of this code. (Ofr. 9639 l(part), 1982).
21.35.110 Appeal to Housing and Redevelopment Commission.
Any interested party may appeal a design review board's decision on a minor project or denial of any other project by filing a written appeal with the city clerk within ten days of the date of the decision. (Ord. 9639 l(part), 1982).
21.35.115 Housing and Redevelopment Commission action.
The housing and redevelopment commission shall hold a public hearing on a redevelopment permit which has been appealed or for which the design review board has filed a report with the city clerk. At the public hearing, the housing and redevelopment commission shall review the design review board's report, shall consider the evidence and shall approve, conditionally approve, or disapprove the permit. Such determination shall be made in accordance with this code, the general plan, the Carlsbad village area redevelopment plan and the village design manual. The housing and redevelopment commission may refer the permit to the housing and redevelopment advisory committee for report and recommendation. Such report and recommendation shall be made within thirty days of the dated referral. The housing and redevelopment advisory committee need not hold a public hearing on the project. (Ord. 9639 l(part), 1982).
21.35.080 Minor projects.
A minor project includes: a) Requests not involving a structural change; b) projects involving a structural change costing less than $50,000; c) use changes in existing buildings; d) new signs or changes to existing signs.
Car/s&ad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST.. P.O. 80X 248. CARLSBAD, CA 92008.729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Cat&bad, County of San Diego, State of California, and’which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona f’ide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
NOTICE OF-PUBLIC
HtfA?!$G published in each regular and entire issue of said
newspaper and not in any supplement thereof on
NOTICE IS H&WtEBY GWEN that the Housing ah& @dFvetopment COIIIIIIiSSiOn of the C!ftyof Carlsbad Will hold P publichiaring c+t the City couwi~ +qj&em 1200 Elm Avenue. &ttlkbad. ‘Califotnia. at
;s, ;;y;;:d~~;~i$p&?;:
tage Redevelopment Zone to revise the appeal procedure to be TOI-
b-wed rOr projectp da&d by the ~sign Review p~a@i _gnd to COW sider amending Qq &sign Review Board procedures rtY&ting permit applications, m\nngr projects. appeals. and meetrng lime of the Design Rev*w Ebard, APplicrn!: City of C&bad
the following dates, to-wit:
CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION CJ Wpg: March 2.1981
. . . . . . . . . . March .?. . . . . . . . . . . . . . 19 8.3.. . . .
. . . . . . . . . ..*..................... 19....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..I.. 19....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
I certify under penalty of perjury that the foregoing is true a,:,4,““,vMif;;;;u;;d ~hc,“fl&cJ, County of San Diego,
day of March 1981
: ; j,,;; !,’
--. I ia
_ .-. . Cd, ‘\ .-/. - ‘-l’ &-
Clerk of the Printer
NOTICE OF PUBLIC HEARING
ZCA-160
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, March 15, 1983, to consider amending the Village Redevelopment Zone to revise the appeal procedure to be followed for projects denied by the Design Review Board; and to consider amending the Design Review Board procedures affecting permit applications, minor projects, appeals, and meeting time of the Design Review Board.
PUBLISH: March 2, 1983 APPLICANT: City of Carlsbad CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
. .
l + NOTICE OF PUBLIC HEARING
MYITCE IS HEREBY GIVEN that the Design Review Board of the City of Carlsbad will hold a public hearing at the City Council Ch&xrs, 1200 Elm Avenue, Carlsbad, California, at 5:30 p.m. on Wednesday, February 9, 1983, to consider approval of amendments to the Village Redevelopment Zone and to the Design Review Board Ordinance affecting permit application procedures, minor projects, appeals, and establishing a new meeting time for the Design Review Board on property generally located in the Redevelopment Area and mOre particularly shown on the map below.
Those persons wishing to speak on this proposal are mrdially invited to attend the public hearing. If you have any questions please call the Redevelopnent/Land Use Planning Office at 438-5591.
CASE FILE: ZCA-160 APPLICANT: CITY OF CARLSBAD PUBLISH: January 29, 1983
CITY OF CARLSBAD DESIGN REVIEW KM?D