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HomeMy WebLinkAbout2009-06-23; Housing & Redevelopment Commission; 19871; Village Redevelopment Plan expiration issuesCITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 16 AB# MTG. DEPT. 19,871 06/23/09 HOUSING RP/LCPA 95-10(ax1)/ZCA 95-10(aX1/MCA 95-01 (ax1)/GPA 09-03 - Revisions to Village Master Plan and Design Manual, Municipal Code Chapters 2.24, 2.26, 21.35, 21.41 and 21.81, and City Council Policy No. 65 DEPT. CITY ATTY. CITY MGR. RECOMMENDED ACTION: 1. That the Housing and Redevelopment Commission ADOPT Resolution No. 470 APPROVING LCPA 95-10(aX1) for revisions required to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address expiration of the Village Redevelopment Plan. 2. That the City Council ADOPT Resolution No. 2009-158 APPROVING LCPA 95-10(aX1) for revisions required to the Village Redevelopment Master Plan and Design Manual Local Coastal Program to address expiration of the Village Redevelopment Plan, and the related environmental determination. 3. That the City Council ADOPT Resolution No. 2009-159 APPROVING ZCA 95-10(aX1) and introducing Ordinance Nos. CS-037 , CS-038 and CS-039 amending Chapters 21.35, 21.41 and 21.81, respectively, of the Carlsbad Municipal Code to make language changes related to expiration of the Village Redevelopment Plan. 4. That the City Council ADOPT Resolution No. 2009-160 APPROVING MCA 95-01(ax1) and introducing Ordinance No CS-040 amending Chapter 2.24 and repealing Chapter 2.26 of the Carlsbad Municipal Code to dissolve the Design Review Board and transfer the Board's duties to the Planning Commission. 5. That the City Council ADOPT Resolution No. 2009-161 APPROVING GPA 09-03 for minor text revisions as related to expiration of the Village Redevelopment Plan. 6. That the City Council ADOPT Resolution No. 2009-162 APPROVING revisions to City Council Policy No. 65 to address expiration of the Village Redevelopment Plan. ITEM EXPLANATION: On April 27, 2009, the Design Review Board recommended approval of a Local Coastal Program Amendment, Zone Code Amendments, a text revision within the General Plan and revisions to a City Council Policy on signs on public property to allow for minor headings/language revisions, to incorporate relevant information and to clarify various land use regulatory provisions to address the expiration of the Village Redevelopment Plan on July 21, 2009. DEPARTMENT CONTACT: Debbie Fountain (760)434-2935 debbie.fountain@carlsbadca.gov FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 At its workshops on March 18, 2009, the City Council indicated its wishes to sunset the Design Review Board and allow the Planning Commission to assume responsibility for review and action/recommendation on minor and major land use permits and applicable appeals for the Village Area as set forth in the Village Master Plan and Design Manual. The Design Review Board did not make a recommendation on this matter. The amendments to Chapters 2.24 and 2.26 of the Municipal Code are forwarded directly to the City Council for action based on the direction provided at the noted workshop. The revisions and amendments to the appropriate regulatory documents are forwarded at this time to the Housing and Redevelopment Commission and City Council for final action. Background In July, 1981, the City of Carlsbad adopted the Village Redevelopment Plan to create a Village Redevelopment Project Area. When prepared, the Village was suffering from physical decline and obsolescence as well as a declining residential fabric. There was significant physical, social and economic blight requiring redevelopment in the interest of the health, safety and general welfare of the people of the community. Due to these factors, the Carlsbad City Council decided to adopt the Village Area as a redevelopment project under California State Law, and to use the resources and authority available for redevelopment purposes. On July 21, 2009, the effectiveness date for the redevelopment plan will expire. At this time, therefore, there is a need to address the expiration of the plan and to allow for a seamless transition in terms of continuing policies and land use regulations for the Village Area. As noted above, the Village Redevelopment Area has enjoyed some great success to date which includes, but is not limited to: • Commercial vacancy rates reduced from over 50% (in 1981) to less than 5%. • Increased sales tax revenue (over 25% increase since 2001 when tracking began). • Increased assessed property values from $45 million (in 1981) to $386+ million. • New businesses, including several restaurants, have located to the Village. • New development has and is occurring in the Village. • Over $20 million in public infrastructure has been installed/improved in the Village. • Area has become much more attractive from a visual as well as a "spirit" or "experience" perspective. • Village consistently receives high marks in City Survey - 88% of those surveyed who indicated they visited the Village said they had a good (45%) or excellent (42%) experience. With the above said, there continues to be community interest in continuing the effort to maintain a vibrant Village through focused attention and special review to ensure long term success of past and future redevelopment and/or revitalization programs/projects. Although the redevelopment plan and several related redevelopment authorities will expire on July 21, 2009, the City Council and the community has expressed its desire to provide for a seamless transition of land use regulations and related actions to continue revitalization efforts for the Village Area through unique review/regulations. To allow for a continued special review focus on the Village Area and the applicability of current land use and development regulatory documents, revisions or amendments to the Municipal Code and/or Carlsbad Village Master Plan and Design Manual have been recommended to incorporate necessary information from the Village Redevelopment Plan and/or any other land use regulations. No substantial changes in policy, programs or process are being proposed at this time. The action to be taken at this time is to allow for heading changes and consolidation only, which includes document reference revisions and integration of relevant language from the Village Redevelopment Plan and Page3 language clarifications to maintain a special review focus on the area. The attached Design Review Board staff report outlines in more detail the revisions and amendments proposed to the General Plan, Village Master Plan and Design Manual/Local Coastal Program, Carlsbad Municipal Code Chapters 21.35, 21.41 and 21.81, and City Council Policy No. 65 - signs in the public right-of-way. The actual language for the revisions to be made are noted in the attached exhibits, which include the legislative drafts. The revisions to Chapters 2.24 and 2.26 of the Carlsbad Municipal Code are required to sunset the Design Review Board and transfer appropriate authority for recommendations and actions on Village land use entitlements and related regulatory policies to the Planning Commission. As a final note, the Village Master Plan and Design Manual was originally adopted by the Housing and Redevelopment Commission and the Commission has had the authority for redevelopment plan implementation, including jurisdiction over the issuance of land use entitlements and related actions for properties within the Village Area. This authority and jurisdiction shall be transferred to the City Council with the recommended revisions. Local Coastal Program Amendment A Local Coastal Program Amendment (LCPA) is required because some of the proposed amendments will apply within the Village portion of the City's Coastal Zone and the Village Master Plan and Design Manual and implementing policies are being amended. At this time, it is City, as well as Coastal Commission, staff's opinion that the amendment will be determined to be minor or "de minimis" by the Coastal Commission which provides for a more time efficient process for approval. The required twenty one (21) day newspaper notice of the LCPA has been provided for this public hearing and no comments have been received from the public on the noted LCPA, except for those provided during the public hearing before the Design Review Board on April 27, 2009. Design Review Board Recommendation The Design Review Board held a public hearing on Monday, April 27, 2009 to consider the actions outlined above. In a 4-1 vote (Lawson - No), the Board recommended approval of the proposed revisions to the Village Master Plan and Design Manual, Municipal Code, General Plan and City Council policy to address expiration of the Village Redevelopment Plan. The comments of the Design Review Board are set forth within the attached draft minutes from the subject meeting. Board Chairman Tony Lawson supported the revisions, except for those related to the transfer of land use entitlement authority for action and/or recommendations from the Design Review Board to the Planning Commission. Mr. Lawson believes that the Design Review Board should continue to function/act within the Village Area. Therefore, he opposed the revisions. FISCAL IMPACT: The proposed revisions to the Village Master Plan and Design Manual, Municipal Code, General Plan and City Council policy will not result in any additional cost to the Redevelopment Agency and/or City of Carlsbad. A report on financial matters related to the Carlsbad Redevelopment Agency resulting from expiration of the Village Redevelopment Plan will be processed under separate cover. ENVIRONMENTAL IMPACT: An environmental review of the project has been conducted by the Planning Director pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Director has found the project to be exempt from environmental review pursuant to Section 15061(b)(3) (The Page 4 General Rule) of the State CEQA Guidelines. The necessary finding for this environmental determination is included in the attached Housing & Redevelopment Commission and City Council resolutions. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 470 approving LCPA 95- 10(aX1), with legislative draft (Legislative Draft - On file in Office of the City Clerk) 2. City Council Resolution No.2009-158 approving LCPA 95-10(aX1). 3. City Council Resolution No. 2009-159 approving ZCA 95-10(aX1), with legislative drafts. 4. City Council Ordinance No. CS-037 for amendments to Chapter 21.35 of the Carlsbad Municipal Code. 5. City Council Ordinance No. CS-038 for amendments to Chapter 21.41 of the Carlsbad Municipal Code. 6. City Council Ordinance No. CS-039 for amendments to Chapter 21.81 of the Carlsbad Municipal Code. 7. City Council Resolution No. 2009-160 approving MCA 95-01 (ax1), with legislative draft. 8. City Council Ordinance No. CS-040 for amendments to Chapter 2.24 and repeal of Chapter 2.26 of the Carlsbad Municipal Code. 9. City Council Resolution No. 2009-161 approving GPA 09-03, with legislative draft. 10. City Council Resolution No. 2009-162 approving revisions to City Council Policy No. 65 - signs on public property, with legislative draft. 11. Design Review Board Resolution No. 339 recommending approval of LCPA 95-10 (aX1) and revisions to City Council Policy No. 65. 12. Design Review Board Resolution No. 340 recommending approval of ZCA 95-10 (aX1). 13. Design Review Board Resolution No. 341 recommending approval of GPA 09-03. 14. Design Review Board Staff Report dated April 27, 2009 . 15. Draft Design Review Board Minutes dated April 27, 2009. 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 470 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REVISIONS TO THE VILLAGE MASTER PLAN AND 4 DESIGN MANUAL TO MAKE MINOR HEADING AND/OR LANGUAGE MODIFICATIONS AND/OR ADDITIONS TO ADDRESS 5 EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS/LOCAL COASTAL PROGRAM AMENDMENT 7 CASE NO: LCPA 95-10(aXl V ZCA 95-10(aXl VMCA 95-01(aXlVGPA 09-03 ° WHEREAS, amendments to the Village Master Plan and Design Manual originally adopted by the Housing and Redevelopment Commission are desired and necessary to make minor heading and/or additions to address expiration of the Village Redevelopment Plan as of July 21, 2009, and to allow for , p. continuation of existing land uses and development regulations and related policies within the boundaries of the Village Area, defined and set forth within the Map and legal description identified as Village Area j j and dated March 30, 2009; and \2 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 13 Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the 14 State CEQA Guidelines; and WHEREAS, the Design Review Board did on the 27th day of April, 2009 hold a duly noticed i £• public hearing as prescribed by law to consider said request; and 17 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution, held a duly noticed public hearing to consider the Design Review Board recommendation 18 and heard and considered all testimony and arguments, if any, of all person desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the 19 Housing and Redevelopment Commission considered all factors relating to amendments to the Village Master Plan and Design Manual and related documents. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 21 Commission of the City of Carlsbad, California as follows: „,, a) That the foregoing recitations are true and correct. 24 b) That based on the evidence presented at the public hearing on Jong. A3, 2009 the Commission hereby APPROVES the amendments to the Village Master Plan and Design 25 Manual as set forth in the attached legislative draftrOn file in tbe Office of tbe City Clerk. 26 1. The proposed amendments are consistent with the General Plan, as revised, in that they provide implementing policies and strategies to facilitate development in the Village Area 27 that helps to create a strong identity for the Village, revitalize the area, and enhance the economic potential of the Village.28 2. The proposed amendments reflect sound principles of good planning in that they (a) ensure « internal consistency with the procedures and standards for the Village Review Zone, as amended, set forth in Carlsbad Municipal Code Chapter 21.35, (b) implement the policies i and programs of the General Plan, as revised, and (c) assist in the facilitation of high quality development within the Village that is consistent with the vision for the area. 4 3. The proposed amendments will be effective thirty (30) days after approval date, in all areas 5 of the Village, except those areas of the Village which are located in the Coastal Zone. For properties in the Coastal Zone, the amendments will not be effective until approved and 6 certified by the California Coastal Commission. 7 // 8 // 9 // 10 // 11 // 12 // j 13 // i 14 // j 15 // : I 16 // | 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // , ' 28 // • 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 Joint Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad and the City Council of the City of Carlsbad on the 23rd day of June 2009, by the following vote, to wit: AYES: NOES: ABSENT: Commissioners Lewis, Kulchin, Hall, Packard, Blackburn None None LISAHILDABRAND, SECRETARY (SEAL) r j • ESTABLISHED \ * =• 111 1970 Ijl ^tillage ^cdcvclopmcnt Mjaster /Plan INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual COPY INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual CARLSBAD VILLAGE MASTER PLAN & DESIGN MANUAL Commission and City Council Claude A. Lewis Chairman & Mayor Julianne Nygaard Vice-Chairperson & Mayor Pro-Tern Ann Kulchin Ramona Finnila Matt Hall Commission and City Staff Raymond R. Patchett Executive Director & City Manager Martin Orenyak Community Development Director James F. Elliott Financial Management Director Ronald R. Ball City Attorney Evan E. Becker Housing & Redevelopment Director Michael J. Holzmiller Planning Director Lloyd Hubbs City Engineer Village Master Plan Advisory Committee Tom Betz Tom Blake Tom Erwin Ofelia Escobedo Steve Fehlhaber Belynn Gonzales Matt Hall Mario Monroy Jim Nelson Mark Rifkin Jerry Rombotis Witt Rowlett Sandy Whitmer Master Plan Consultant Cannon Design Group, Planning & Urban Design Keyser Marston Associates, Land Development Economics John B. Dykstra & Associates, Implementation Planning JHK & Associates, Transportation & Parking Prepared by Housing & Redevelopment Department City of Carlsbad Master Plan Staff Support Debbie Fountain Senior Management Analyst/ Project Manager Gary E. Wayne Assistant Planning Director Rich Rudolf Assistant City Attorney David Hauser Assistant City Engineer Bob Wojcik Principal Civil Engineer Bob Johnson Traffic Engineer Pat Kelley Principal Building Inspector Adrienne Landers Senior Planner Eric N. Munoz Associate Planner Mike Grim Assistant Planner Anne Hysong Assistant Planner Patricia L. Crescenti Administrative Secretary INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual Preface This document has been prepared to serve a variety of purposes. First, the Village Master Plan and Design Manual is the City of Carlsbad's Official Statement of design, zoning, land use, and redevelopment strategy policy for the Village Redevelopment Area-? iVfe implements—fc-fee—Carlsbad—Village Area—Rodovolopmont—Plan—which is the legal document that establishes febe—boundaries—&§• -fefee—r odovc 1 opmcn t—area—aael—seta forth fefee framework redevelopment activities. Second, the Village Master Plan and Design Manual;—fefee—Carlsbad Tillage Area R cdovc1opmcnt Plan, - togcthorManual , together with the implementing ordinances and Manual of Policies and Procedures serves; as the Local Coastal Program/ Plan for the Carlsbad Village Redevelopment - Area segment of the Carlsbad Coastal Zone pursuant to requirements of the California Coastal Act. ttee - purposes - e-f this termdocument, Plan" — shall mean a "plan which gives - overall - guidance redevelopment — activities — within the Village Area. Redevelopment Village Rodovol opmcn t — Plan — M — basically a - specific - plan - which implements — fetee — General — Plan — §e* the City of Carlsbad within the Village — Redevelopment — .Area . — 9%e illage — Master — Plan Design Manual 3rS aft implementing document which further—specifics—fcfee—land—t*se policy a»d Redevelopment Strategy for the Village. The Village Master Plan and Design Manual sets forth the zoning and allowed land uses for the Village, which is a special review area. It also sets forth the standards and criteria by which development shall proceed in the Village Area. This document shall serve as a Master Plan for the Village Area and implements, and is consistent with, the General Plan. The General Plan references the Village Master Plan for details on development and implementation strategies with in the Village Area to meet the goals and objectives of the General Plan for the Village Area. This document also establishes a "Vision" for the ideal future character and development of the Village Rodovol opmon t—Area and then sets forth an implementation strategy or "roadmap" for obtaining the goals identified for the area by: Providing guidance to property owners, merchants, and others interested in development or property improvements within the Village; Providing guidance to City Staff members in interpreting planning and zoning requirements for properties within the Village; Providing the Design—Review Board—Planning Commission with principles, standards and design guidelines which may be applied to proposed improvements within the Village; and Providing a strategy for continuing to implement4ag various programs/projects to assist in eliminating blight and revitalizing the Village Redevelopment Area. This document is divided into three (3) general sections. Section 1 contains a brief history of the rodcvcl opmcn t area, a vision for the Village, goals and objectives and instructions for using the manual . Section — 2 — consists — e£ Chapters — 3 — through — 8 — which make «p — fcfee — Village — Design — Manual •i-e-a? — fefee — Village — Rcdovol opmon t Area . — Section 2 consists of Chapters 2 through 8 which make up the designated land uses, INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual development standards and design manual for the Village Area. This Section also focuses on parking in the Village as well as the vehicle and pedestrian circulation. Thin—document—j-s—rcf ore-need—ia -fefee Carlsbad Village Redevelopment—Plan—aaet—serves as—etee—official—statement—e-i- design—aft4—land—ttse—policy—§e3? the Village.—Section—3—contains -fefee—Implementation—Program,—ef Strategy,—§e*—febe—redevelopment area—§e*—feke—next—approximately ton (10) yeara of the Village Redevelopment—Plan.—¥be—Village Dcoign Manual (Section 24- primarily f causes ee—private development aftd public improvement a related fee development within fcfoe area. gfee Implementation Program addressee- such issues a-s cultural activities, historic preservation, business attraction/retention—aed—other activities—which—assist—i«—fcfee rcvitalization e-i fefee redevelopment—area.—Section 3 contains the implementation measures for the Village Area; issues such as roles and responsibilities, public improvements and financing measures are addressed. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual Effective Date of Regulations The policies, regulations, guidelines and procedures set forth within this Village Master Plan and Design Manual are effective within the boundaries of the Village Redevelopment _Area only. These policies, regulations, guidelines and procedures are not applicable within the remainder of the City limits of the City of Carlsbad. The Housing and Redevelopment Commission and the City Council originally approved the policies, regulations, guidelines and procedures set forth within this Village Redevelopment Master Plan and Design Manual on December 5, 1995. The policies, regulations, guidelines and procedures were effective after a 30 day notice period which was January 5, 1996, in all areas of the Village Redevelopment Area, except those areas of the Village which were also located in the Coastal Zone. The California Coastal Commission approved and certified the document as of September 12, 1996. As a result of the Coastal Commission's approval and certification of the Village Master Plan and Design Manual, the policies, regulations, guidelines and procedures set forth within this document became fully effective in all areas of the Village, including those areas located within the Coastal Zone, as of September 12, 1996. Thio document hao been retyped, reformatted and reprinted from ito original version which wan fully effective on September 43-7 — 1996. The pagocs were aloo renumbered . — There, — however , have been no changco in the approved content act forth within the document. retyped, — reformatted and reprinted version of — this document wao available for distribution as of April 2, 1908 . — The original voroion of the document remains on file for reference purposes. Fully Effective Date of the Village Master Plan and Design Manual: For properties within the Village but outside the Coastal Zone: January 12, 1996 For properties within the Village and also within the Coastal Zone: September 15, 1996 Effective Date(s) of Amendments The Housing and Redevelopment Commission and the City Council approved amendments to the policies, regulations, guidelines and procedures set forth within this Village Master Plan and Design Manual on November 20, 2007. The policies, regulations, guidelines and procedures were effective after a 30 day notice period which was December 20, 2007, in all areas of the Village Redevelopment Area, except those areas of the Village which are located in the Coastal Zone. The California Coastal Commission approved and certified the amended document as of (add the date). Pages within the document were renumbered as appropriate to accommodate the amendments. The document has been retyped, reformatted and reprinted, as necessary. Fully Effective Date(s) of the amended Village Master Plan and Design Manual: For properties within the Village but outside the Coastal Zone: (add the date)December 20, 2007 For properties within the Village and also within the Coastal Zone: (add the date) INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual On July 21, 2009 the effectiveness date for the Carlsbad Village Redevelopment Plan expired. Although various redevelopment activities continue according to existing contracts, agreements, covenants and restrictions, the Plan itself expired and revisions were required to the Village Master Plan and Design Manual and related ordinances and policies as a consequence of expiration of the Redevelopment Plan. These revisions were approved by the Housing and Redevelopment Commission and City Council on (insert date). The minor amendments were certified by the California Coastal Commission on (insert date). TABLE OF CONTENTS INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual This document is divided into three (3) general sections: Section 1 - Introduction and Vision, Goals and Objectives CHAPTER 1 Section 2 - Village Design Manual Land Use and Development CHAPTERS!- 8 Section 3 - Strategy Implementation Measures CHAPTER 9 INTRODUCTION - VILLAGE MASTER PLAN History 1-2 How to Use Master Plan 3 Vision, Goals & Objectives 4-6 Jurisdiction: Village Map 7 2 LAND USES Land Use Regulatory and Organizational Concept 9 Functional Components 10-16 Districts/Parcel Numbers 17-30 Land Use Key 31 Land Use Charts by District 32-40 Provisional Land Uses 41-72 Non-Conforming Uses 73 Special Opportunities 74-83 3 DEVELOPMENT STANDARDS Regulatory Framework 85 Land Use Districts (Map) 86 Universal Standards 87-89 Land Use District 1 Standards 90-91 Land Use District 2 Standards 92-93 Land Use District 3 Standards 94-95 Land Use District 4 Standards 96-97 Land Use District 5 Standards 98-99 Land Use District 6 Standards ... 100-101 Land Use District 7 Standards ... 102-103 Land Use District 8 Standards .. 104-105 Land Use District 9 Standards .. 106-107 INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN GUIDELINES Basic Design Principles 109 Site Planning 110-111 Parking & Access 112-114 Building Forms 115-116 Roof Forms 117-118 Building Facades 119-122 Commercial Storefronts 123-125 Residential 126-127 Interim Conditions 128-129 5 SIGNAGE Regulations/Applicability 131-132 Maximum Signage 133 Wall Sign Standards 134-135 Projecting Sign Standards 136-137 Awning Sign Standards 138 Banner Sign Standards 139 Neon Sign Standards 140 Marquee Sign Standards 141 Hanging Sign Standards 142 Window Sign Standards 143 Plaque Sign Standards 144 Address Sign Standards 145 Menu Sign Standards 146 Tenant Directory Standards 147 Monument/Ground Signs 148-149 Service Station Price Signs 150 Sidewalk/Freestanding Signs Pole Sign Standards 150 Sign Demonstration 151 INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual TABLE OF CONTENTS PARKING PROGRAM Parking Plan 153 Requirements 153-156 Parking Options 156 Parking In-Lieu Fee Program 157 Parking Zones 158 Public Parking Management 159 In-Lieu Fee 159 (Map) 160 Public Parking Resources 161 Parking Management Plan 162 Parking Improvements 162 Time Restricted Parking (Map) 163 7 DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS Redevelopment Village Review Permits 165-170 Coastal Development Permits ... 171 -173 Development Approval Requirement (Charts) 174 Processing Procedures 175 Process Chart 8 CIRCULATION PLANS Vehicle Circulation 177 Pedestrian Framework 178 STRATEGY IMPLEMENTATION MEASURES Introduction 181-182 (Map) 184 Circulation Improvements 185 Public Improvements 185 Transportation 185-186 Cultural Facilities 187-188 Historic Preservation 189 Economic Restructuring 190 Building Improvements 190-191 Roles & Responsibilities 192 INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual TABLE OF CONTENTS LIST OF FIGURES: 1. Carlsbad Village Area Boundaries 2. Village Planning Framework 3. Land Use Districts Map 4. Special Develop. Opportunities 5. Coastal Zone Boundaries 6. Land Use District 1 Boundaries 7. Land Use District 2 Boundaries 8. Land Use District 3 Boundaries 9. Land Use District 4 Boundaries 10. Land Use District 5 Boundaries 11. Land Use District 6 Boundaries 12. Land Use District 7 Boundaries 13. Land Use District 8 Boundaries 14. Land Use District 9 Boundaries 15. Typical Facade Signs 16. Parking Zones 17. Public Parking Locations 18. 2-3_Hour Parking Zones 19. Village Circulation Plan 20. Pedestrian Framework INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual SECTION 1 INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual CARLSBAD VILLAGE has a colorful history reaching at least back to the 1880's when the rail line linking San Diego and Los Angeles was constructed. In the mid-1880's an underground mineral water stream was tapped by John A. Frazier and the City was later named after the European spa city of Karlsbad, Bohemia in an effort to promote the fledgling City. The Village Area experienced early days of glory with the construction of large hotels and spas, but one hundred years later, by the 1980's, was beset by problems common to many older downtowns. Buildings were in many cases seriously dilapidated, competition from modern shopping centers had sucked away much of the area's commercial vitality and the small lot sizes and patterns made new construction to current City development standards difficult and in some cases impossible. In response to these problems, the Carlsbad Housing and Redevelopment Commission and City Council established the Village Area as a Redevelopment Project Area under California Redevelopment Law in 1981 (Figure 1). Using the powers granted by that law, the City proceeded to address blighted conditions within the Village. Codes were enforced, some properties were acquired, public parking lots were established, overhead utilities were under grounded, public improvements were constructed and a host of other actions were taken with highly visible results. Although the Village Redevelopment Plan expired in July 2009, there remains a need to focus on the revitalization of the Village Area through special review and continuation of the land use and development regulations set forth within this Village Master Plan and Design Manual. The uniqueness of the Village properties and related goals and objectives warrant continued special treatment of this Area. The Carlsbad Village Master Plan shall continue also to serve as the City's Local Coastal Plan under the California Coastal Act. A separate chapter of the City's Zoning Ordinance was prepared for the Village Area for both Special Review and Coastal Development Permits. The Redevelopment Plan and accompanying Village Design Manual were used as the basis for the City's Local Coastal Plan under the California Coastal Act and a separate chapter of the City's Zoning Ordinance was prepared for the Village Redevelopment Area. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual FIGURE 1 Carlsbad Village O 3OO 6OO The boundaries of the Village Area are indicated within the above map. A legal description of the boundaries is set forth in Appendix A. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual History _ In 1986, a Carlsbad Redevelopment Area Economic, Circulation and Design Study was undertaken by a private consulting team to assess the progress which had been accomplished since 1981 and to set planning, design and implementation priorities for the immediate future. Those studies and the resulting public improvements served to reinforce the visions of the Village as outlined in the original Village Redevelopment Master Plan and Design Manual, which was updated in 1988. After ten (10) years of effort in redeveloping the Village Area, the Carlsbad Redevelopment Agency decided it was time again to step back and look at the actions that had been taken to date to eliminate blight and economically enhance the downtown area. In 1992, the Agency initiated a comprehensive review/planning process to refine the vision for the downtown area, establish more appropriate land use requirements, define a supportive development scale and character, and develop a new strategy to further guide and coordinate public and private investment within the Village Redevelopment Area. The primary purpose of the comprehensive review was to establish a "vision" for what the Village would look like when the term of the Redevelopment Plan expires and then develop the "roadmap" for getting to the vision of the future downtown. It was very important for the Redevelopment Agency to take a look at "where it had been" and "where it was going." Extensive interviews with Carlsbad residents, business people, property owners, and community leaders were conducted and public workshops were held to assist in defining problems and the future role of the Village within the City of Carlsbad. Technical studies addressing land use, circulation, parking and future economic potentials were completed by the consultant team, led by the Cannon Design Group. To assist in providing further insight into the history and future vision for the Village Area and to provide community feedback, the City Council appointed an eleven member (with 2 alternatives) Master Plan Citizens Advisory Committee. The committee consisted of: one Planning Commissioner; one Traffic Safety Commissioner; two Housing and Redevelopment Advisory Committee Members; one representative of the Village Business Association; one Village Business Owner; one citizen-at-large; and, one representative from each of the four quadrants of the City. There were also two alternates assigned to the Committee which generally served as full voting members related to the various actions taken by the Committee. The Master Plan Advisory Committee held extensive public meetings to review and comment on the consultant team's evaluation of current problems, recommended strategies and proposed land use, parking and design regulations. The Committee provided an excellent representation of interested parties throughout the City and was quite effective in identifying a "vision" for the Village Redevelopment Area and developing appropriate goals and objectives for future activities. In July of 2009, the Redevelopment Plan for the Village Area expired. An assessment of redevelopment efforts indicates that there has been success from the programs implemented, and there is no longer substantial blight present within the Area. However, City of Carlsbad Village Redevelopment Master Plan and Design Manual continued focus and special treatment is warranted to ensure long term success of past and future development programs and/or projects. Based on a desire for a seamless transition of land use regulations and related actions to facilitate continued revitalization of the Village following expiration of the Redevelopment Plan, a decision was made by the Carlsbad Housing and Redevelopment Commission and City Council in June, 2009 to continue the use of the Carlsbad Village Master Plan and Design Manual, with some minor modifications, as the official land use regulatory and guiding design document for the Village Area. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual Project Idea 0 Review Village Vision and Goals for Area Chapter 1 I Identify Land Use District in which site is located Chapter 2 Review Land Uses for Identified District Chapter 2 Review Special Development Criteria, if appropriate Chapter 2 I Review Development Standards Chapter 3 I Review Design Guidelines Chapter 4 Review Signage Guidelines/Standards Chapter 5 Review Parking Requirements & Options Chapter 6 Design Review and Development Approval Process Chapter 7 Meet with Housing & Redevelopment Staff HOW TO USE THE VILLAGE MASTER PLAN AND DESIGN MANUAL This flow chart is intended to assist persons in understanding the organization of this Village Master Plan and Design Manual. In developing the Master Plan and Design Manual, the intent was to provide an easy to read document which progresses in a rational approach based on the order in which project applicants will need to resolve questions and issues as related to a proposed project or activity to be developed within the Village Redevelopment Area. The Master Plan and Design Manual can be used for the purposes of determining the acceptability of a project and the regulations governing development in the Village. It is organized in a manner which allows a project applicant to move from the basic question regarding permitted/ desired land uses to the more complex issues related to project design and the process to gain approval of the project by the City. If at any time, a project applicant is in doubt about a project or is confused by the information provided within this Master Plan and Design Manual, he/she is encouraged to contact the City of Carlsbad's Housing and Redevelopment Department directly for clarification purposes. It is also always recommended that a project applicant meet directly with staff of the Housing and INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual Redevelopment Department before proceeding with the final submittal of a project application. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual VILLAGE VISION The VISION for the Village Redevelopment Area of Carlsbad is: V The Village has a distinct visual identity that makes it unique and a memorable place with identifiable landmarks. V The Village strives for excellence through high quality, well-designed private development and public improvements. V The Village accommodates a wide range of land uses and also serves as a spccialtyvibrant specialty retail center for the entire City of Carlsbad. V The Village has a strong civic character and provides a place for people to come to be a part of important community events. V The Village is a comfortable and safe place to work, shop, visit and live. V The Village demonstrates a welcoming attitude and a spirit of cooperation to new businesses and developers who are interested in becoming a part of the downtown. Village Goals and Objectives The goals and objectives outlined within this section have been established to guide and direct redevelopment development activities to help make the "vision" a reality. GOAL 1: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment Objectives: blighting—conditions barriers to 1.1 Remove desired development -from the Village. 1.2 Retain and increase uses serving Carlsbad residents. 1.3 Attract additional tourist-serving uses. 1.4 Encourage uses which are complementary to the new rail station. 1.5 Reinforce pedestrian retail continuity within the Village commercial areas. 1.6 Limit commercial development in and adjacent to residential neighborhoods. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual Goals and Objectives 1.7 Improve the condition and appearance of the current Village housing stock. 1.8 Increase the number, quality, diversity and affordability of housing units within the Village. L9 Provide a variety of commercial, tourism, and recreation activity, especially close to beach, in conjunction with special entertainment facilities, restaurants and other uses which will foster a village concept and not detrimentally impact residential usage. 1.10 Establish the Village Centre area as the San Diego North County's focus for specialty- goods and services. GOAL 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. Objectives: 2.1 Minimize pedestrian/vehicular conflicts along major pedestrian walkways. 2.2 Provide a stronger pedestrian linkage between Carlsbad Boulevard and State Street. 2.3 Establish a quality pedestrian environment along North State Street. 2.4 Improve access to North State Street. GOAL 3: Stimulate Property Improvements and New Development in the Village Objectives: 3.1 Establish and modify development standards as necessary and appropriate which recognize the unique small lot conditions within the Village. 3.2 Establish and implement a parking program which allows off-site parking in public lots with payment of a fee. 3.3 Increase the intensity of development within the Village. 3.4 Encourage mixed use development projects in the Village. 3.5 Provide greater certainty as to acceptable land uses and development intensities. 3.6 Simplify the project application and review process. 3.7 Stimulate and attract private investment. INTRODUCTION City of Carlsbad Village Redevelopment Master Plan and Design Manual GOAL 4: Improve the Physical Appearance of the Village Area. Objectives: 4.1 Reinforce the Village character with appropriate site planning, architectural design and signage guidelines and standards. 4.2 Establish commercial buildings whose scale and character are compatible with Village residential neighborhoods. 4.3 Minimize the land area required to accommodate additional parking in the Village, anticipating the need for structured parking. 4.4 Create a sense of design unity and character while encouraging design diversity. 4.5 Require design sensitivity to surrounding development within the area. GOAL 5: Provide signage which is supportive of commercial vitality and a unique Village image. Objectives: 5.1 Reinforce the positive image of Carlsbad Village with appropriately designed and scaled signage. 5.2 Use signage to establish a unique visual image for the Village. 5.3 Encourage pedestrian-oriented signs. 5.4 Ensure that signage is compatible with the architecture of each structure and its unique location. 5.5 Encourage signs which reflect the special type or personality of each business. City of Carlsbad Village Redevelopment Master Plan and Design Manual INTRODUCTION SECTION H City of Carlsbad Village Redevelopment Master Plan and Design Manual USES LAND USES lAj City of Carlsbad Village Rodevelopment Master Plan and Design Manual ORGANIZATIONAL CONCEPT Carlsbad Village shall provide a unique mixed use set of districts combining shopping, and living facilities within a compact, pedestrian-oriented environ- ment. The heart of the Village "Carlsbad Village Center", contains a vital mix of shopping, dining, and visitor services. It is surrounded by seven (7) support areas, each of which emphasizes a specialized land use function while containing a mix of uses appropriate to the urban village environment. Figure 2 reflects the boundaries of the seven (7) functional components of the Village. On the pages to follow, a description is provided of each functional component of the Village. The Functional Components of the Village include: * Carlsbad Village Center * Office Support Area * Residential Support Area * Hispanic Mixed Use Area * Freeway Commercial Area * Service Commercial Area LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Tourism Support FUNCTIONAL COMPONENTS Carlsbad Village Center Carlsbad Village Center shall provide a lively mix. of shops, restaurants, entertainment uses, visitor accommodations, and commercial services contained in an environment which emphasizes pedestrian convenience and a high degree of architectural, landscape and urban design quality. It is the heart of the Village and a major focus of community and regional activity. The City's unique history is celebrated here at its early nucleus and the visual environment is enriched with works of art, flowers and a unique architectural character. Public Transit Hub A commuter rail station and public transit transfer area. Retail Shops A diversity of shops to serve Carlsbad residents, tourists and regional shoppers. Commercial Support Uses Convenience service shops and other businesses. Visitor Accommodations Hotels, condominiums, bed and breakfast inns and shops to serve travelers along the coast highway. Entertainment Uses Cinemas and other entertainment uses to attract weekend and nighttime activity to Village. Restaurants A variety of eating establishments with both indoor and outdoor dining areas. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual FUNCTIONAL COMPONENTS Carlsbad Village Center Village Character Strong emphasis upon pedestrian amenities, Village scale buildings, unique signs and colorful landscaping. Carlsbad Village Drive Terminus Courtyards Visual improvements and new Landscaped areas in the middle of blocks development north of Carlsbad Village for outdoor dining and entrances to small Drive to link the Village more strongly shops, with the city's ocean frontage. Joint Use Parking Heritage Buildings Public Art Public parking lots and structures to allow Preservation and renovation of structures Sculpture, murals, mosaics and special small lot development and support a reflecting Carlsbad's unique history plus a paving. strong pedestrian environment. new Carlsbad History Museum. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual FUNCTIONAL COMPONENTS Office Support Area A mix of uses extends the Village Center vitality eastward between Carlsbad Village Drive and Grand Avenue with an emphasis upon small office structures designed to reinforce a Village scale and character. Individual buildings set back from the street and surrounded by landscaping provide a quality office environment within easy and pleasant walking distance of shops and restaurants. Below Grade Parking Parking located below buildings where feasible to allow more development and landscaped area. Reduced Street Widths Landscaped medians or landscaped parkways where traffic volumes permit. Street Trees Special landscaping to visually link the area with the Carlsbad Village Center. Shops and Services Retail shops and commercial uses. Village Scale Offices Small office buildings designed to be compatible with adjacent retail and residential buildings. other service Financial Institutions Banks and other financial institutions serving downtown businesses and the city as a whole. Infill Development Conversion over time of older bank drive up window facilities to more intensive commercial uses. Alley-Oriented Parking Parking access from alleys to minimize curb cuts, reduce pedestrian/vehicle conflicts and limit views of parking areas from the street. Landscaped Setbacks Lawn and ground cover between sidewalks and buildings and between adjacent buildings. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual North State Street Mixed Use Conversion over time of automotive and industrial areas to residential and supportive commercial uses with a strong pedestrian orientation to North State Street. Residential Neighborhood Preservation, enhancement and expansion of the existing residential area to create a highly livable neighborhood. Railroad Right-of-Way Reuse Removal of blighted uses and conversion to residential, recreation and open space uses. Enhanced Pedestrian Linkages New through-block pedestrian paths to allow easier pedestrian access from residences to North State Street. Housing Diversity A wide variety of housing types and sizes to encourage use of the commuter rail station. Housing units above commercial uses along North State Street. Cottage Scale Houses, townhouses and apartments which are compatible with a village character and the existing small houses in the neighborhood. FUNCTIONAL COMPONENTS Residential Support Area Small homes, condominiums, and apartments are located in close proximity to shops, restaurants and the commuter rail station serving Downtown San Diego. The area provides a rich mix of housing types and emphasizes a sense of neighborhood through a close relationship to Village residential streets. North State Street will, over time, redevelop into a mix of supportive uses with a strong emphasize upon new residential development including smaller, affordable units near public transit. Day Care Facilities Child care centers to serve the Village residents and enhance the use of the commuter rail station. Neighborhood Amenities Seating areas, mini-parks, tot lots, and other small scale improvements to LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual enhance the livability and social intercourse of the neighborhood. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual FUNCTIONAL COMPONENTS Tourism Support Area Hotels, time share condominiums, restaurants and shops to serve visitors to Carlsbad's ocean front and travelers along the coastal highway serve as lower intensity extensions of the Village Center's uses along Carlsbad Boulevard. Visitor Accommodations Hotels, bed and breakfast inns and other facilities serving tourists and travelers along the coastal highway. Tourist Retail Shops serving the special needs of traveler. Restaurants A diversity of restaurants residents and visitors. serving Multi-Family Residential Condominiums and apartments within easy walking distance of the rail station. Landscaped Setbacks Lawn areas and informal landscaping to reinforce the existing character of the area. Army and Navy Academy Continued presence of the Academy but recognition of the property's resort development potential if the Academy ever relocates. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Tourism Uses Shops and restaurants with a unique Hispanic flavor to enrich visitor's experience in the Village. Local Serving Commercial Uses Shops, offices and commercial services to meet the needs of the local neighborhood and city population. Colorful Landscaping Plazas, stairs, walls and balconies enhanced by flowering plants. Residential Preservation Retention of existing houses along the east side of Roosevelt Street. Shopkeeper Units Encouragement of mixed use involving a live/work arrangement. In a shopkeeper unit, the owner of a retail business could live above the shop. Hispanic Character Emphasis upon stucco, clay tiles and other elements common to a Hispanic architectural theme. Building Setbacks Paved and landscaped setbacks to allow outdoor dining and the display of retail merchandise. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual FUNCTIONAL COMPONENTS Hispanic Mixed Use Area Tourist and local serving commercial uses are emphasized within a colorful, ethnic-oriented environment featuring flowers and a special architectural character celebrating the adjacent Barrio's Hispanic heritage. Outdoor Dining Street frontage and courtyards. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual FUNCTIONAL COMPONENTS Freeway Commercial Area Commercial services and other convenient uses serving Carlsbad residents and travelers along Interstate Highway 5 are conveniently located adjacent to freeway ramps. Traveler Services Service stations, motels, restaurants and convenience stores to serve Carlsbad residents and travelers. Improved Village Character Future development more oriented to Carlsbad Village Drive with parking located behind buildings. Service Commercial Area Commercial services and continued employment opportunities support both the Village Center and adjacent Hispanic Mixed Use area while allowing gradual change to include both supportive commercial and residential development. Light Industrial Uses Continuation of current and similar uses including the possible relocation of some North State Street automotive businesses. Landscaping Buffering Additional landscaping along the Tyler Street frontage to improve the area's appearance and screen industrial uses from view of Roosevelt Street development. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual LAND USE DISTRICTS Figure 3 provides a rcflcctswhich reflects the map which boundaries of the nine (9) land use districts within the Village Redevelopment Area Zone which represent, the various land use functional components described in the previous section. The following pages provide a listing of parcel numbers and street addresses which are included in each identified land use district. A project applicant can locate his/her address or parcel number within the following pages and identify the land use district which applies to any given property. Parcels which straddle district boundaries are noted with an asterisk (*) and are listed in both districts. Each portion of these sites must conform to the standard of their respective land use districts. Following the assessor parcel information, land use charts are provided which indicate the types of uses which are permitted, provisionally permitted, and not permitted within any given land use district. All properties within the Village are zoned V-R (Village Review). The land use districts then identify the specific land uses permitted or not permitted within each district. A project applicant will first identify the land use district in which his/her property is located and then will move forward to the land use charts which will identify the types of uses permitted on the subject property. ASSESSOR PARCELS City of Carlsbad Village Redevelopment-Master Plan ana Design Manual -C ASSESSOR PARCELS LUy oj Carlsbad Village Redevelopment Master Plan and Design Manual LAND USE DISTRICT 1 Parcels marked with an asterisk (*) are also partially located within another land use district. Parcel No. Address 203-054- 01 03 04 24 28* 203-101- 11 12 16 34 203-102- 16 203-172- 02 03 04 05 06 07 08 10 12 14 15 16 203-172- 20 21 23 Parcel No. /^/•\*5 1 T5 f\ 1203-1/3-01 2763 State Street 2725 State Street State Street 2739 State Street State Street (District 4) 2730 State Street 2747 Roosevelt St. 2700 State Street 2727 Roosevelt St. 2737 Madison St. 351 Beech Ave. 367 Beech Ave. 385 Beech Ave. 2733 Washington St. 2747 Washington St. Washington St. 382 Christiansen Way 370 Christiansen Way 352 Christiansen Way 2780 Carlsbad Blvd. 2796 Carlsbad Blvd. 380 Christiansen Way 333 Beech Ave. 327 Beech Ave. Carlsbad Blvd. Address '"lOri'l /^nt-lnl.**^ T>1-r,4zo02 Carlsbad Blvd. 02 03 04 05 06 08 09 12 13 203-174-01 04 06 07 203-175-01 02 03 04 05 06 07 08 Parcel No. O/"\1J 1 O 1 f\^. Christiansen Way 381 Christiansen Way 390 Grand Avenue Grand Avenue Grand Avenue Grand Avenue 2858 Carlsbad Blvd. 370 Grand Avenue Grand Avenue 2906 Carlsbad Blvd. 2924 Carlsbad Blvd. 2978 Carlsbad Blvd. 300 Carlsbad Vil Drive 3016 Carlsbad Blvd. 3040 Carlsbad Blvd. 325 Carlsbad Vil Drive 355 Carlsbad Vil Drive 363 Carlsbad Vil Drive 377 Carlsbad Vil Drive 395 Carlsbad Vil Drive 3031 Washington Street Address T7O/"\ O .*.«.*«. O*— A.2U3-lol- U3 z,/ou oiaic oucci ASSESSOR PARCELS City of Carlsbad Village Redevelopment Master Plan and Design Manual 04 05 rtT07 08 09 10 12 13 16 19 203-182- 04 08 203-232- 03 04 05 08 09 13 15 203-261- 03 07 203-291- 01 02 03 2802 State Street 2808 State Street /^O/^l T^ Ij. Cli.2801 Roosevelt St. 2785 Roosevelt St. 2777 Roosevelt St. 2775 Roosevelt St. 2805 Roosevelt St. 2832 State Street Roosevelt St. 2742 State Street 2808 Roosevelt St. 2772 Roosevelt St. 2935 Carlsbad Blvd. 2939 Carlsbad Blvd. 2968 Garfield St. 2975 Carlsbad Blvd. 276 Carlsbad Vil Drive Garfield St. 201 Grand Avenue 354 Oak Avenue 390 Oak Avenue 570 Grand Avenue 558 Grand Avenue 510 Grand Avenue Parcel No. 203-292- 01 02 03 04 05 06 07 08 09 10 11 15 16 17 18 19 21 203-293- 01 04 05 06 08 09 10 203-294- 01 02 03 04 05 06 Address 2998 State Street 2978 State Street 2960 State Street 2956 State Street 2946 State Street 2940 State Street 2916 State Street 507 Grand Avenue 555 Grand Avenue 2921 Roosevelt Street 2933 Roosevelt Street Carlsbad Vil Drive Roosevelt Street 560 Carlsbad Vil Drive 570 Carlsbad Vil Drive 562 Carlsbad Vil Drive 2965 Roosevelt Street 2907 State Street 2947 State Street 2967 State Street 2995 State Street 2943 State Street State Street 2917 State Street 2825 State Street 2829 State Street 2833 State Street State Street State Street 2897 State Street LAND USE DISTRICT 1 Parcels marked with an asterisk (*) are also partially located within another land use district. ASSESSOR PARCELS Cufy ofCartsbad Village Redevelopment Master Plan ana Design Manual LAND USE DISTRICT 1 Parcel No.Address Parcel No.Address 203-295-01 2787 State Street 203-296-03 04 05 06 07 08 09 10 203-297-01 02 03 04 05 06 07 08 09 3077 State Street 3087 State Street 3095 State Street 3045 State Street 417 Carlsbad Vil Drive 457 Carlsbad Vil Drive 2787 State Street State Street 539 Carlsbad Vil Drive 525 Carlsbad Vil Drive 505 Carlsbad Vil Drive 3044 State Street 3060 State Street 3068 State Street 3080 State Street 3080 State Street 542 Oak Avenue Parcels marked with an asterisk (*) are also partially located within another land use district. 203-301-05 640 Grand Avenue 203-302-01 710 Grand Avenue 02 752 Grand Avenue 203-303-21 725 Grand Avenue 24 2958 Madison Street 26 710 Carlsbad Vil Drive 203-304-01 645 Grand Avenue 02 2922 Roosevelt Street 03 Roosevelt Street 04 Roosevelt Street 05 2936 Roosevelt Street 09 2992 Roosevelt Street 15 Madison Street 16 2945 Madison Street 17 2937 Madison Street 18 Madison Street 19 699 Grand Avenue 20 2970 Roosevelt Street 24 2975 Roosevelt Street 26 660 Carlsbad Vil Drive 27 2956 Roosevelt Street 28 Madison Street 29 690 Carlsbad Vil Drive 203-305- 09 3096 Roosevelt Street 10 3095 Madison Street 11 3081 Madison Street 12 3055 Madison Street 13 675 Carlsbad Vil Drive 14 Madison Street 15 645 Carlsbad Vil Drive 16 3060 Roosevelt Street Parcel No.Address ASSESSOR PARCELS City of Carlsbad Village Redevelopment-Master Plan and Design Manual LAND USE DISTRICT 1 203-306-01 02 06 07 08 09 10 11 12 561 Carlsbad Vil. Drive 563 Carlsbad Vil. Drive 3045 Roosevelt Street Roosevelt Street 3055 Roosevelt Street 3067 Roosevelt Street 3085 Roosevelt Street 3091 Roosevelt Street 3025 Roosevelt Street 203-351-03 04 05 06 07 18 3050 Madison Street 3062 Madison Street 3070 Madison Street 3080 Madison Street 740 Oak Avenue 745 Carlsbad Vil Drive 204-010-05 06 16 Oak Avenue Oak Avenue 505 Oak Avenue Parcels marked with an asterisk (*) are also partially located within another land use district. C3y of Carlsbad Village Redevelopment Master '.sign Manual ASSESSOR PARCELS LAND USE DISTRICT 2 Parcels marked with an asterisk (*) are also partially located within another land use district. 203-202-07 13 18 203-302-03 04 203-303-16 17 18 27 28 203-351-08 11 12 13 14 15 16 17 203-352-02 03 04 11 12 13 14 15 18 19 2892 Jefferson Street 2879 Hope Street 800 Grand Avenue 756 Grand Avenue 786 Grand Avenue 2971 Jefferson Street 2959 Jefferson Street 2943 Jefferson Street 770 Carlsbad Vil Drive 785 Grand Avenue 3091 Jefferson Street 3071 Jefferson Street Jefferson Street 3039 Jefferson Street 3037 Jefferson Street 3021 Jefferson Street 755 Carlsbad Vil Drive 3081 Jefferson Street Jefferson Street Jefferson Street 3048 Jefferson Street 3095 Harding Street 3075 Harding Street 3055 Harding Street 3043 Harding Street 3035 Harding Street 825 Carlsbad Vil Drive 3090 Jefferson Street 05 Harding Street 06 3096 Harding Street 07 Harding Street 09 901 Carlsbad Vil Drive 203-354-01 05 07 08 Drive 12 13 14 15 16 203-355-01 02 03 04 05 802 Carlsbad Vil Drive 2928 Jefferson Street 861 Grand Avenue 2921 Carlsbad Vil 880 Carlsbad Vil Drive 2910 Jefferson Street 2945 Harding Street 840 Carlsbad Vil Drive Carlsbad Vil Drive 921 Grand Avenue 2928 Harding Street 2941 Hope Avenue 2952 Harding Street 920 Carlsbad Vil Drive Parcel No.Address Parcel No.Address 203-353-04 3042 Harding Street Parcel No.Address 203-130-18 20 ASSESSOR PARCELS City of Carlsbad village Itcacvelopment-Master flan and Design Manual 203-320-02 03 04 Drive 12 20 27 28 29 30 Drive Drive Drive Drive Drive 955 Grand Avenue Grand Avenue 1006 Carlsbad Vil Carlsbad Vil Drive 945 Grand Avenue Carlsbad Vil Drive 955 Carlsbad Vil Drive 1025 Carlsbad Vil LAND USE DISTRICT 3 31 1089 Carlsbad Vil 32 1048 Carlsbad Vil 33 1044 Carlsbad Vil 35 Carlsbad Vil Drive 39 1048 Carlsbad Vil 40 950 Carlsbad Vil Drive 41 2944 Hope Avenue 43 Grand Avenue 44 Grand Avenue r- Parcels marked with an asterisk (*) are also partially located within another land use district. ASSESSOR PARCELS City of Carlsbad Village Redevelopment-Master Plan and Design Manual LAND USE DISTRICT 4 155-200-04 07 08 10 155-221-11 12 2333 State Street 2531 State Street State Street 2501 State Street 550 Laguna Drive 570 Laguna Drive 203-054-07 2685 10 2663 13 2647 14 2639 16 2633 17 2627 18 2615 19 2589 20 2577 21 2551 22 2541 24 2739 25 2677 26 2659 27 2691 28* State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street State Street (District 1) 203-101-01 2676 03 2680 04 2695 15 2698 19 2656 20 2646 22* 2631 24 2608 25 2586 28 2568 29* 2564 30 539 31 2548 32 33 2528 State Street State Street State Street State Street State Street State Street Roosevelt St. (District 8) State Street State Street State Street State Street (District 8) Laguna Drive State Street State Street State Street Parcels marked with an asterisk (*) are also partially located within another land use district. Parcel No.Address Parcel No.Address Parcel No.Address 204-081-01 507 Pine Avenue 02 3213 Roosevelt Street ASSESSOR PARCELS City of Carlsbad Village -Redevelopment Master Fun and Design Manual 03 3235 06 3255 07 3258 08 09 3279 10 11 3293 12 3293 13 3290 14 3243 15 3293 204-082-01 02 03 06 09 10 20 21 Roosevelt Street Roosevelt Street Tyler Street Roosevelt Street Roosevelt Street Roosevelt Street Roosevelt Street Roosevelt Street Tyler Street Roosevelt Street Roosevelt Street 635 Pine Avenue 3222 Roosevelt Street 3234 Roosevelt Street 3256 Roosevelt Street 3280 Roosevelt Street 3286 Roosevelt Street 3250 Roosevelt Street 3274 Roosevelt Street 13 14 15 16 204-085-01 02 03 04 05 06 07 08 Roosevelt Street Roosevelt Street Roosevelt Street 3110 Roosevelt Street 3115 Roosevelt Street 3135 Roosevelt Street 3147 Roosevelt Street 3155 Roosevelt Street 3163 Roosevelt Street 3177 Roosevelt Street 3176 Tyler Street 3179 Roosevelt Street Parcels marked with an asterisk (*) are also partially located within another land use district. Parcel No.Address 204-084-09 10 11 12 3190 Roosevelt Street 3170 Roosevelt Street 3160 Roosevelt Street 3150 Roosevelt Street LAND USE DISTRICT 5 ASSESSOR PARCELS City of Carlsbad Village Redevelopment Master Plan and Design Manual LAND USE DISTRICT 6 204-010-03 04 07 08 09 10 11 12 204-070-01 02 03 04 05 06 07 08 3135 Tyler Street Tyler Street 3135 Tyler Street 3195 Tyler Street 3215 Tyler Street Tyler Street 3235 Tyler Street 3265 Tyler Street Tyler Street Tyler Street 3281 Tyler Street Tyler Street 3261 Tyler Street 3259 Tyler Street 3253 Tyler Street 3305 Tyler Street Parcels marked with an asterisk (*) are also partially located within another land use district. Parcel No.Address City of Carlsbad Village •Kedcvelopmeitf--Master Plan and Design Manual ASSESSOR PARCELS Parcel No.Address LAND USE DISTRICT 7 203-110-02 09* 13 14 15 25 28 29 32 33 44 45 47 2737 Jefferson Street 2755 Jefferson Street (District 8) 752 Arbuckle Place 2753 Jefferson Street 750 Arbuckle Place 2785 Jefferson Street 2801 Jefferson Street 2815 Jefferson Street 2865 Jefferson Street 2879 Jefferson Street 2745 Jefferson Street 2725 Jefferson Street 2777 Jefferson Street 203-202-19 2848 Jefferson Street Parcels marked with an asterisk (*) are also partially located within another land use district. ASSESSOR PARCELS City of Carlsbad Village Itcdcvclopment-Master Plan ana Design Manual LAND USE DISTRICT 8 Parcel No.Address Parcel No.Address 203-101-02 05 14 18 21 22* 23 26 27 29* 34 2685 Roosevelt Street 2715 Roosevelt Street 580 Beech Avenue 2667 Roosevelt Street 2653 Roosevelt Street 2631 Roosevelt Street (District 4) 2621 Roosevelt Street 2571 Roosevelt Street 2569 Roosevelt Street 2564 State Street (District 4) 2121 Roosevelt Street 203-102-05 10 11 12 14 15 16 18 19 20 24 25 26 27 28 29 30 31 32 33 34 35 36 2740 Roosevelt Street 2733 Madison Street 2725 Madison Street 2715 Madison Street 2687 Madison Street 2690 Roosevelt Street 2737 Madison Street 2705 Madison Street 2718 Roosevelt Street 2720 Roosevelt Street Roosevelt Street 2650 Roosevelt Street Roosevelt Street 2669 Madison Street 2620 Roosevelt Street 2645 Madison Street 2635 Madison Street 2615 Madison Street 2605 Madison Street 2578 Roosevelt Street 655 Laguna Drive 2558 Roosevelt Street 605 Laguna Drive Parcels marked with an asterisk (*) are also partially located within another land use district. City of Carlsbad Village -Kedevelopment-Masteri ASSESSOR PARCELS Parcel No.Address LAND USE DISTRICT 8 203-110-01 04 05 08 09* 12 20 21 26 27 30 31 34 38 39 40 41 42 43 46 Madison Street 2710 Madison Street 2712 Madison Street 2714 Madison Street 2755 Jefferson Street (District 7) 722 Arbuckle Place 725 Arbuckle Place 715 Madison Street 2770 Madison Street 2790 Madison Street 2810 Madison Street 2820 Madison Street 2840 Madison Street 2646 Madison Street 2644 Madison Street 2642 Madison Street 755 Laguna Drive 735 Laguna Drive Laguna Drive 2738 Madison Street Parcels marked with an asterisk (*) are also partially located within another land use district. ASSESSOR PARCELS City of Carlsbad Village Hcacvclopment-Master Flan and Design Manual LAND USE DISTRICT 9 203-041-01 2585 Carlsbad Boulevard 203-051-01 2560 Carlsbad Boulevard 02 2564 Carlsbad Boulevard 03 2500 Carlsbad Boulevard 04 2550 Carlsbad Boulevard Parcel No.Address 203-052-01 02 203-053-01 Carlsbad Boulevard Carlsbad Boulevard Carlsbad Boulevard 203-142-02 2645 Carlsbad Boulevard 03 2655 Carlsbad Boulevard 04 258 Beech Avenue 06 Cypress Avenue 203-143-01 2715 Carlsbad Boulevard 02 2729 Carlsbad Boulevard 06 2747 Carlsbad Boulevard 07 2775 Carlsbad Boulevard 203-231-01 2855 Carlsbad Boulevard 203-250-06 201 Oak Avenue 15 Carlsbad Boulevard 16 3179 Carlsbad Boulevard 17 3145 Carlsbad Boulevard 21 3150 Ocean Street 22 3100 Ocean Street 26 3136 Carlsbad Boulevard 29 3056 Carlsbad Boulevard 203-252-04 Carlsbad Boulevard 05 Carlsbad Village Dr 06 Carlsbad Boulevard 203-351-07 201 Grand Avenue 203-351-19 2935 Carlsbad Blvd. 203-352-03 2939 Carlsbad Blvd. 203-353-06 Garfield Street 203-354-07 2975 Carlsbad Blvd. 203-354-16 2968 Garfield Street 203-355-03 264 Carlsbad Vil Dr. 204-010-03 276 Carlsbad Vil Dr. 204-124-01 Carlsbad Blvd. Parcels marked with an asterisk (*) are also partially located within another land use district. Parcel No.Address ASSESSOR PARCELS City of Carlsbad Village Jt&tevelopment Master Plan and Design Manual Land Use Key All properties within the Village Area are zoned V-R, for Village Review. The Village Redevelopment Area is then divided into nine (9) land use districts which represent the various functional components described in the previous section. The districts are identified below and shown on the map to the right as well as on Figure 3 (Page ). District 1: Carlsbad Village Center District 2: Office Support District 3: Freeway Commercial Support District 4: Residential Support District 5: Hispanic Mixed Use Support District 6: Service Commercial Support District 7: Office Support District 8: Residential Support District 9: Tourism Support The charts which follow this page list the various types of land uses and identify whether or not a use is "permitted", "provisional", "accessory", or "not permitted" within the noted land use district. (•) Permitted Uses are those which are permitted by right because they are considered to be consistent with the vision and goals established for each district within the Village boundaries. Although these land uses may be permitted^ by «gtrtr-satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Village Review Permit Process is still required for the permitted use. (O) Provisional Uses are those which are permitted subject to discretionary approval (by either the Housing and Redevelopment Director or the appropriate decision making authority). They are approved based upon the findings that the use is consistent with the Village vision and goals under specific conditions imposed by the permit. Uses in this category require special scrutiny concerning location, size, and anticipated impact on adjacent uses. For the purposes of land use policy within the Village, the term "provisional use" replaces the term "conditional use" which is used within the Carlsbad Municipal Code. (A) Accessory Uses are those which are incidental and subordinate to the primary permitted or approved use. (X) Not Permitted means that a land use is not consistent with the permitted or provisional uses of a district or does not achieve the long range goals of the Village—Redevelopment AreaVillage Area. Therefore, these uses will be prohibited, without exception, within the specified land use district. Non Conforming Uses A property owner should refer to page 73 for information on "non-conforming" land uses. In general, if an existing use is noted as "not permitted" in the following land use charts, the use will be allowed to remain until 1) it ceases to exist; 2) the property is abandoned for a period of 6 months or longer; or 3) there is a proposed change in use. Non-conforming uses, however, will not be allowed to expand or intensify. Enforcement of Permits The enforcement of all approved permits shall be governed by Chapters 21.35 and 21.58 of the Carlsbad Municipal Code, which includes the process for revocation of permits. Revocation of permit proceedings shall be conducted by the original approving body. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES On the following pages, land use charts are provided which list the various types of land uses which are permitted, provisional, accessory or not permitted as a result of adoption of this land use plan within the Village Master Plan and Design Manual. The uses are listed alphabetically by category of land use and according to land use district. For example, for information on where a motel could be located within the Village Redevelopment ArcaVillage Area, an applicant/developer would find "motel" (use) under the "commercial services" (category) within the land use chart and learn that motels are permitted by right in Land Use District 9, provisionally in Districts 1 and 3, and not permitted in Districts 2, 4 through 8. There are eight (8) land use categories listed within the following land use charts. The categories are identified and defined below: 1. Commercial Services. These are uses where there is generally an exchange or buying and selling of a service commodity. This relates specifically to services which a person, or persons, may provide to another person, or persons. As examples, these uses include automotive repair services, beauty salons, health clubs, hotels, travel agents and music schools. 5r-2._Entertaiiiment and Recreation. These are uses which generally provide an activity which is diverting or engaging, usually an activity which is sought for relaxation and amusement. As examples, these uses include: an art gallery, swim club, cinema, and a park. 3. Food Services. These are uses which generally allow for the purchase of food and/or beverage items which have been prepared and served, or made available for purchase, by another person intended to be consumed either on or off the premises. As examples, these uses include fast food restaurants, quick stop food stores, restaurants and sidewalk cafes. ?r-4. Light Industrial. These are uses which generally provide for small scale manufacturing of products through the use of specialized tools and machines. In some cases, these are also uses which result in larger scale commercial operations which are primarily designed to provide services to manufacturers in either the transportation of goods or other types of services. As examples, these uses include cabinet shops, research laboratories, machine shops, parcel delivery services, and wholesale businesses. 9r-5^Offices. These are uses which generally provide for a place where a particular kind of business is transacted or a service is supplied. As examples, these are places where a professional person such as an attorney, contractor, investment officer, or a doctor conducts business. -H-r-6. Residential. These are uses which generally provide for a dwelling place. As an example, these are places such as single-family homes or an apartment where a person lives, or persons live, on a permanent or continuous basis. 7. Retail Businesses. These are uses which generally provide for the sell of small quantities of commodities or goods directly to the ultimate consumer. As examples, these uses include businesses which sell appliances, crafts, clothing, florists, hardware, pets or pet supplies, videos, and/or musical recordings. -8. Miscellaneous. The miscellaneous category has been established to encompass the various land uses which do not clearly fit into one of the above categories. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES LAND USE DISTRICTS 1 ?,^4 s 6 7 8 9 COMMERCIAL SERVICES Aerobics Studio** Auto Painting/Detailing Auto Repair/Services Auto Towing Automatic Teller Machine (ATM)* Barbershops Beauty Parlors Bed and Breakfast Inns* Blueprint/Copy/Duplicating Services * Business and Professional Schools** Car Wash Child Care Center* Dance Studio/Martial Arts Studio** Drama School** Dry Cleaners Gas Station w/Bays Gas Station w/Mini Marts Health Clubs/Spas** Hotels* O X X X O • • O O O X O O O X X O O 0 X X X O • • O • O A O O O O O O O O O O O O • • X • O A O O 0 0 O O O O X X X O • • O O O X O O c X X O O O X X X O • • O O O X 0 O O X X O X O • • • O O O O O O A O O O O X X O X X X X X X X X O O X X O .X X X X X X X X X X x X X X O X Q(l) X O X X X X X X X O X X X O O O O x x x O O x O x X O • • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes IEJ Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. [El All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. IZI No Adult Entertainment Uses permitted within any land use district within the Village. IE! For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in die comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment .Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES Laundromat* Libraries Mortuaries Motels* Music School** Nail Salons Office Equipment Rental/Sales Parking Lot/Structures Private Secondary Schools Professional Care Facility Shoe/Garment Repair Time Shares Travel Agent Word Processing Services* LAND USE DISTRICTS 1 X • O O O • O X X • O • O ?, X • O X O • • X X • O • • 3 • • O O O • • X X • O • • 4 o • o X O • o X X • O • O s o • o X O • o X X • X • 0 fi O O O X O O O X X O X O 0 7 X X X X X X o X X X X X o s X X X X X X X X X X X X X 9 A A A • X O X O O O o X O X ENTERTAINMENT & REC. Art Gallery Bar/Cocktail Lounge* Bowling Alleys*** Cinema (Theater)* Fortune Teller (as defined in §5.50.010(c) of the CMO Ice/Roller Skating Rinks*** • A O O O X • X X X X X • A O X X O • A O 0 X O • X X X X X 0 X X X X O X X X X X X X X X X X X • A O O X O • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes El Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. 0<] All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. H No Adult Entertainment Uses permitted within any land use district widiin the Village. 03 For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor-serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in die comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment permitViUagc Development Permit Village Review permit LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USKS Museums* Night Club* Parks Performing Arts (Cultural Facility)* Pinball Machine Arcade* Pool Hall/Billiards Parlor* Private Clubs/Lodees Swim Clubs*** Tennis Clubs*** Video Game Arcade* LAND USE DISTRICTS 1 • O • O O O O X X O 2 • O • X X O O X X X 3 • 0 • O O • O O O O 4 • x • O x O x O O x 5 • x • O x O x X X X 6 x x • X X X O O 0 X 7 X X • X X X X X X X 8 X X • X X X X X X X 9 • A • O A x x O 0 A FOOD SERVICES Fast Food Restaurant (Large)* Fast Food Restaurant (Small) Quick Stoo Food Store* Restaurant w/Entertainment* Restaurant Sidewalk Cafe* Q<3) .(3) X 0 • O • • X O • O • • • • • x x x x 0 • O X • X O • O X X X X x x X X X X x x X X X x X x x x O O • O • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes S Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. IE] All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. H No Adult Entertainment Uses permitted within any land use district within the Village. H For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses LAND USES LAND USE DISTRICTS 1 2 ^4 5 6 7 8 LIGHT INDUSTRIAL Auction Houses/Stores Boat Building (Limited to those craft which may hf trsmcnnrfpH r^vpr a cinolp hiohu/av u/ithnnr Cabinet Shops Ceramic Products Manufacturer Electronics Assembly Research Laboratories Frozen Food Lockers Glass Studios (Edging, beveling and silvering in cnnnpctinn with snip of mirrnrs and plfl« for dw.nratinp^ Laundries Machine Shops Manufacturing Plants (Small Scale) Motion Picture Laboratories Musical Instrument Manufacturer Parcel Delivery Service Plumbing Shop X X X X X X X 0 X X X X X X X X X X X X X X O X X X X X X X X X X X X X X X X X X X X X X X X X X X X X O X X X X X X X X X X X X X X O X X X X X X X O O • O O O O O O 0 O O O • • X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 9 X X X X X X X X X X X X X X X The key for the chart is: • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes 13 Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. \E\ All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth widiin this chapter. No expansion or intensification of non-conforming uses will be permitted. \E\ No Adult Entertainment Uses permitted within any land use district within the Village. E] For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES Plumbing Shop Supply Yards Public Scales Sheet Metal Shops Stained Glass Studios Storage Buildings/Warehouses Testing Laboratories Tire Rebuilding Tire Recapping Tire Retreading Wholesale Businesses LAND USE DISTRICTS 1 X X X O X X X X X X 2 X X X O X X X X X X 3 X X X O X X X X X X 4 X X X O X X X X X X 5 X X X O X X X X X X 6 • O O • • O O O 0 • 7 x x X X X X X X X X 8 X X X X X X X X X X 9 X X X O X X X X X X OFFICES* Accountants Administrative Advertising Agencies Appraisers Architects/Planners Attorneys Consultants Contractors Offices Employment Agencies O 0 O 0 O O O O O • • • • • • • • • • • • • • • • • • O O O O O O O 0 O O O O O O 0 O O O O O O O O O O O o • • • • • • • • • o(" O'" Qd) Qd) Qd) o<" Qd) x X X X X X X X X x X • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes EG Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. CEO All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. El No Adult Entertainment Uses permitted within any land use district within the Village. El For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES Engineers Escrow Offices Financial Institution (Full)* Financial Institution (Limited)* Government Offices Insurance Agencies Investment Services Labor Union Offices Medical Therapy Office* Medical Treatment Office* Medical Treatment Offices (w/incidental nharTnacies and medical lahO Real Estate Brokers Title Companies LAND USE DISTRICTS 1 O O O • O O O O O O O O O 2 • • • • • • • • • O O • • 3 • • • • • • • • • • • • • 4 O O X X O O O O • p 0 0 0 5 O O X • O O 0 O • O O O O 6 O O X X O O O 0 O O O O O 7 • • X X • • • • • • • • • 8 O(l) 0(1) X •d) X •d) •d) X •d) 0(1) 0(1) •d) •d) 9 X X O X X X X X O O O X X RESIDENTIAL Live/Work Studio* Managed Living Units* Mixed Use (Residential and Multi-Family Dwelling* Second Dwelling Units Single-Family Dwelling O X •(2) O X X X X •(2) •(« X X X X X 0 X X O O •(2) • O • O O 0(2) O O • O O O X X O X O X O X X 0 O • • O • X X •(2) X X X • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes 13 Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by tfee Housing & Redevelopment Director. [3 All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. [El No Adult Entertainment Uses permitted within any land use district within the Village. [SI For all Village properties which are also located wiuiin the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES LAND USE DISTRICTS 1 2 1 4 5 6 7 8 9 RETAIL BUSINESSES Accessories Antiques Appliances Arts/Crafts Bakery/Candy/Creamery Books Clocks Clothing/Shoes Coffee Houses/Tea Rooms Drug Store Dry Goods Electronic Equipment Farmer's Market Florist Furniture/Floor Coverings Gifts Grocery Store/Delicatessen/Meat Market Hardware Hobby Items/Toys • • • • • • • • • • • • 0 • • • • • • • • • • • • • • • • • • X • • • • • • • • • • • • • • • • • • X • • • • • • • • X • • • • • • X X X X • X • • X • • • • • • • • • • • • • X • • • • • • O O O O O O O O O O O O O O O O O O O X L x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X A 0 X X O O O 0 • O O A X O X • O X O • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes El Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. [*] All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. \E\ No Adult Entertainment Uses permitted within any land use district within the Village. !3 For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All odier land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. District Uses The key for the chart is: LAND USES Ice Cream/Frozen Yogurt Interior Decorator w/Goods Jewelry Linens Liquor/Tobacco Luggage Music Instruments/Supply Newsstand Office Supply/Stationery/Cards Optical Goods/Services Paint/Wallpaper Pets Photo Supply/Stationery/Cards Picture Framing/ Art Gallery Portrait Studios/Photographers Post Office/Parcel Service Recordings (tapes, CD's, Sporting Goods/Bicycles Stamps/Coins/Collectibles LAND USE DISTRICTS 1 • • • • • • • • • • • • • • • • • • • 2 • • • • • • • • • • • • • • • • • • • 3 • • • • • • • • • • • • • • • • • • • 4 • • • • X X X • X • X X • • • X • • • 5 • • • • • • • • • • • • • • • • • • • 6 O O O O O O O O O O O O O O O O O O O 7 X X X X X X X X X X X X X X X X X X X 8 X X X X X X X X X X X X X X X X X X X 9 • X O X • 0 X • O X X X O 0 X X O O O • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes E] Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. (El All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. \E\ No Adult Entertainment Uses permitted within any land use district within the Village. IS! For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor- serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ALLOWABLE LAND USES The land uses noted below are listed in alphabetical order by category and according to land use district. The chart provides information on the type of land uses which are permitted, provisionally permitted or not permitted within a given land use district. Definitions for these categories can be found on pages 2-24. Following the land use charts are "Provisional Land Use Standards" which are listed by either category or specific use; these standards are provided for selected provisional land uses to identify special considerations, findings and conditions which will be used to determine whether or not the identified use will be permitted within the subject land use district. LAND USE DISTRICTS LAND USES Video Sales/Rental 1 • 2 • 3 • 4 • 5 • 6 O 7 X 8 X 9 O MISCELLANEOUS Churches (or similar facilities) Youth Facilities Trailer Park O X X 0 O X 0 0 X O O X O O X 0 O X 0 O X 0 O X 0 X O Transportation Corridor Portions of Land Use Districts 1, 4, and 6 which are located within the Village Redevelopment Area are also located within the Transportation Corridor. The highlighted area on the map that follows, indicates the boundaries of the Transportation Corridor. For those properties which are located both within the Village Redevelopment Area and the Transportation Corridor, the following land uses are the uses which will be permitted: The following transit-related uses shall be permitted: Field and Seed Crops; Truck Crops; Horticulture Crops; Orchards and Vineyards; Tree Farms; Fallow Lands; Light-Rail Transmission Facilities; Light-Rail Maintenance/Repair Facilities; Light-Rail Stations; Passive Open Space; Bicycle Paths; Pedestrian Trails; Private or Public Parking Lots; and Railroad Tracks. The permitted, provisional and accessory land uses allowed in Land Use Districts 1, 4 and 6, respectively, as set forth in the land use matrix of this Village Master Plan and Design Manual will also be allowed on the properties located within the corresponding and adjacent portions of the Transportation Corridor. All non-transit related development shall comply with all regulations and procedures set forth within this Village Master Plan and Design Manual. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual District Uses The key for the chart is: • Permitted Use O Provisional Use A Accessory Use x Not Permitted Footnotes (1) Office uses permitted on Roosevelt Street only. (2) The ground floor of all approved mixed use projects shall be devoted to commercial uses. (3) No drive-thrus. * See specific land use under Provisional Use Standards. ** See Self-Improvement Services under Provisional Use Standards. *** See Sport Entertainment Uses under Provisional Use Standards. General Notes E Outdoor seating in ROW is permitted in Districts 1, 2, 5 & 9, only with a provisional use permit approved by the Housing & Redevelopment Director. El All existing uses which are noted as "not permitted" within a land use district noted on this land use chart shall be allowed to remain pursuant to the non-conforming regulations set forth within this chapter. No expansion or intensification of non-conforming uses will be permitted. El No Adult Entertainment Uses permitted within any land use district within the Village. El For all Village properties which are also located within the Coastal Zone, the primary permitted land uses for all ground floor space shall be those which are visitor-serving commercial. Visitor-serving commercial uses include but are not limited to: hotels, motels, restaurants, recreational or tourist information facilities, souvenir, gift or novelty shops and/or services which will aid in the comfort/enjoyment of a tourist or regional guest's visit to the area. All other land uses, which are not expressly prohibited as noted herein, shall be provisional or accessory uses; these uses must be approved, or conditionally approved, via the redevelopment Village Review permit process. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual ^Provisional Use Standards Contents O Amusement Games Arcades O Automatic Teller Machines (ATMs) O Bars/Cocktail Lounges O Bed and Breakfast Inns O Business/Professional Offices O Business/Professional Services O Child Care Centers O Cinemas O Cultural Facilities O Fast Food Restaurants (Large) O Financial Institutions (Full) O Hotels O Laundromats O Live/Work Studios O Medical Therapy Offices O Medical Treatment Offices O Motels O Multi-Family Dwellings O Night Clubs O Pool Halls/Billiard Parlors O Professional Care Facilities O Quick Stop Food Stores O Managed Living Units O Restaurants with Entertainment O Self-Improvement Services O Sidewalk Cafes O Sport Entertainment Uses LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Arcades can provide entertainment and a social focus for young adults in the community. However, they can also create a foci of behavior which can be disruptive to other commercial activities and to nearby residential development. 2. Since arcade games can be relatively expensive to play over extended time periods, the activity in arcades often involves numbers of youth periodically participating as spectators. This pattern can result in a relatively high number of occupants compared to the number of machines and in a potential loitering problem on adjacent public sidewalks. 3. Younger users may arrive at the arcade on bicycles which often are allowed to litter sidewalks in and adjacent to the business, resulting in obstacles to pedestrian movements. 4. Arcades in primary shopping area generally interrupt retail community. 5. Other on-premise uses and the number of machines are relevant issues. Arcade machines which are subsidiary to other major uses such as a cinema are generally not a major problem since their primary function is to provide entertainment while patrons are engaging in or waiting for other events. In contrast, large numbers of machines which serve as the major draw of the business are likely to have a different user profile. Location and Development Criteria 1. Arcades should not be placed on sidewalks adjacent to primary pedestrian streets. 2. Arcades should not be located in areas where they would interrupt existing or anticipated retail community. 3. Arcades which are intended as primary destinations should be located near public parking lots. 4. Arcades in Land Use District 3 should generally be limited to tenancies within larger shopping complexes with adequate parking and facilities for bicycle parking. 5. Unless an adequate supply of public bicycle racks are located nearby, arcades should provide on-premise racks or install public racks in a location and manner acceptable to the City. 6. Locations and/or hours of operation should be such as to minimize any conflicts between the use and Village Residences. Amusement Game Arcades Definition A retail use which provides five or more amusement game devices such as video games, pinball machines or other similar mechanical and electronic amusement devices. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Amusement Game Arcades Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Arcade will not interrupt retail continuity or pedestrian movement. 2. Adequate parking for vehicles and bicycles exist either on-site or in nearby public resources. 3. Adequate planning has been conducted to minimize loitering activities which could negatively impact adjacent uses. 4. The location and/or hours of operation are such that activity and noise impacts on Village residents are likely to be minimal. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. ATM's have become an accepted and valued convenience for most bank customers. They allow relatively rapid transactions that save customers time and are often available in locations other than parent financial institutions. They serve to support adjacent commercial uses by providing a ready source of cash for shoppers including tourists. 2. Parking is often an issue. Because most transactions are rapid and generally take less than a minute of actual machine time, users are often tempted to park illegally while using the machines. This can cause circulation difficulties as well as create hazards for both motorists and pedestrians. 3. In some commercial locations, the demand for usage can create queues which conflict with pedestrian movements on the adjacent sidewalk and block display windows or entries to adjacent businesses. 4. Each bank's ATM has a standard design and appearance which can have a visual impact on the general character of a storefront. 5. Security concerns related to ATM's result in a generally high level of illumination at and surrounding the machine location. Location and Development Criteria 1. Machines should be located within 100 feet of at least two short term parking spaces which are available to the user. 2. ATM's should not be located immediately adjacent to primary pedestrian sidewalks. Locations should be on sidewalks or within recesses where adequate use and queuing space exists. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The proposed location of the ATM will not adversely affect pedestrian traffic movements and will not result in negative impacts to adjacent uses. 2. The ATM is not expected to create additional parking and traffic problems in the area. . 3. The appearance of the ATM and its related lighting and signage is appropriate to its location and the Village. 4. Adequate lighting and visibility provisions have been made for user safety. Automatic Teller Machines (ATM's) Definition Machines for the automatic processing of banking transactions including the dispensing of cash without assistance from on-site employees. Machines are generally mounted on building walls and may be installed adjacent to financial institutions or in off-premise locations. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Bars and Cocktail Lounges Definition Any establishment where alcoholic beverages are the primary product sold, and those sales of meals. These establishments may not offer live music, recorded music for dancing, comedy or other entertainment. Considerations 1. Bars are often sources of late night noise near premise exits, around parking areas and on vehicular and pedestrian paths leading away from the premises. 2. Front facades are often largely devoid of windows or covered with signs and other obstructions resulting hi a gap in an otherwise interesting street facades. Location and Development Criteria 1. Bars/Cocktail Lounges should not be located along frontages where they would disrupt retail continuity unless their frontage is limited to 25 feet or less. 2. Bars/Cocktail Lounges should not be located where they are likely to adversely impact residential uses. 3. Bars/Cocktail Lounges should not be located so as to create a concentration of this use in one area. No bar/cocktail lounge shall be located within 500 feet of any other bar/cocktail lounge. 4. An adequate supply of parking, as set forth within this manual, shall be located conveniently nearby. 5. Facades shall be treated hi a manner similar to other storefronts and should be designed with a Village character. 6. An opening shall be provided through which an unobstructed view of the ulterior of the premises can be obtained from the street upon which business fronts. 7. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition at all tunes. 8. Any structure housing such operation shall meet all applicable building code provisions prior to occupancy. 9. Owner shall not permit open containers of alcoholic liquor to be taken from the premises. Findings In order for this use to receive a Redevelopment Villase Review Permit, it should be consistent with the following findings: 1. The Bar/Cocktail Lounge will not likely have a negative impact on Village residents. 2. Adequate parking is conveniently located near the premises. 3. The exterior design of the facility and signage are appropriate to the Village and compatible with adjacent uses. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Provisions for on-site parking can become visually unattractive on small sites or on sites where existing residential structures have been converted to Bed and Breakfast uses. Parking which spills out onto residential street can be a particular nuisance to adjacent residents. 2.The noise and activity of late evening arrivals and early morning departures can be disruptive to residents living near the site. Location and Development Criteria 1. Parking areas should not be located adjacent to existing residences. Findings In order for this use to receive a Redevelopment Village Revie\v Permit, it should be consistent with the following findings: 1. The Bed and Breakfast Inn can accommodate its parking requirement without disrupting the visual and landscape character of its Village surroundings. 2. The Bed and Breakfast Inn will not result in an unacceptable level of noise which would disrupt adjacent or nearby residents. 3. The proposed site is large enough to accommodate the proposed development while still providing adequate landscaping to be compatible with the surrounding neighborhood. Bed and Breakfast Inns Definition Any historical and architecturally significant building which is located in a scenic or other environment with a distinct character which has no less than three and no more than eight attractively decorated lodging rooms, and one common room available for social interaction where short-term lodging and primarily breakfast meals are provided for compensation. Bed and Breakfast Inns do not include rest homes, convalescent homes, hotels, motels, boarding houses or lodging houses. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Business/Professional Offices Definition A commercial facility used for business involving information processing, clerical work, consulting and record keeping rather than the sale or manufacture of goods. Considerations 1. Many types of offices can be disruptive to retail continuity when located in commercial shopping areas because of their non-retail nature and generally inward-oriented character. 2. A significant portion of the parking spaces needed to serve office uses are occupied by employees who are on- premises all or most of the work day. 3. Some office uses, such as real estate offices, are more consumer-oriented and can be beneficial to a lively mix of uses if small enough in scale to avoid disrupting retail continuity. 4. Some developers may wish to construct typical speculative office buildings with large floor plates and extensive quantities of window area for maximum tenant subdivision flexibility. Such facilities are likely to be out of scale and character in all areas of the Village. 5. Office uses will generally provide for their parking requirements on-site. Some sites with alley access can accommodate on-site parking without undue visual impact on the Village streetscape. Others may have more difficulty. 6. Office structures adjacent to residential uses can result in a loss of privacy for residents. Location and Development Criteria 1. Ground floor office uses should not be located along commercial shopping streets where they would disrupt retail continuity. An exception to this criterion would be real estate offices or other "walk-in" uses which are strongly public consumer-oriented with a frontage of 50 feet or less. 2. Office uses are generally appropriate on the upper floors where they do not impact retail continuity. 3. Offices should be allowed on lots which back up to or are adjacent to residential properties only where development plans demonstrate that only minimal impacts will result. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The office development will be compatible in scale and character to the surrounding Village development. 2. The development is not likely to negatively impact existing or planned retail continuity in significant concentrations of commercial shops. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual 3. Sufficient on-site parking will be available to serve employee parking needs. 4. The office development will not result in an undue reduction of livability for adjacent residents. Considerations 1. Some Business/Professional Services uses can be disruptive to retail continuity when located in commercial shopping areas because of their non-retail nature and generally inward-oriented character. Others are more drop-in customer oriented and appropriate to retail areas except where they might occupy critical locations or occupy large street frontages. 2. A significant portion of the parking spaces needed to serve office uses are occupied by employees who are on-premises all or most of the work day. Location and Development Criteria 1. Ground floor usage in heavily retail- oriented areas should be limited to Business/Professional Service tenants who provide drop-in services to the general public such as quick copying and desktop publishing. 2. Business/Professional Service uses are generally appropriate on upper floors in courtyards or along commercial alleys where they do not impact retail continuity. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Business/Professional Service use is not likely to negatively impact existing or planned retail continuity in significant concentrations of commercial shops. 2. Sufficient on-site parking will be available to serve employee parking needs. 3. Adequate short term parking exists in reasonable proximity to the use to accommodate drop-in customers. Business/Professional Services Definition A retail use which provides clerical, duplicating and other services to businesses and the general public. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Child Care Centers Definition A day care facility of any capacity, other than a family day care home as defined in Section 21.04.146 of the Carlsbad Municipal Code, in -which less than twenty-four-hour per day non-medical care and supervision is provided for children in a group setting including nursery schools but not elementary schools. Considerations 1. Child care facilities require outdoor play areas. In some locations, these exterior areas could be subjected to physical or environmental conditions which might be injurious to the health of the children. 2. Drop off and pick up of children can create additional traffic in the immediate vicinity of the center as well as require short-term parking. Impacts on residents and potential traffic conflicts should be considered for specific locations. 3. Children playing in the outdoor areas around the center can produce noise levels which might negatively impact some residential uses. 4. Convenient child care centers could encourage increased utilization of the Village's commuter rail station. Location and Development Criteria 1. Sites should enjoy ease of vehicular access. 2. Parcels should be sufficiently large to accommodate on-site parking and waiting zones or should be able to accommodate these functions within the public right-of-way without negatively impacting traffic flows or creating nuisances for occupants and/or customers of adjacent businesses or residents. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Child Care Center meets relevant State of California locational criteria. 2. The Center will not cause undue traffic impacts on adjacent uses. 3. Adequate provisions have been made for parking and the drop-off and pick up of children. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Cinemas require substantial parking in reasonably close proximity to the facility. However, peak usage of cinema parking often occurs when other downtown uses are closed or in need of fewer parking spaces to satisfy customer and employee needs. 2. Substantial traffic can be generated by a cinema facility when hit movies are shown or on peak weekend evenings. Patrons arriving for the next feature showing are seeking parking spaces prior to and while other patrons are leaving the facility. 3. The final film of an evening often lets out around midnight or later. Cinema exits and parking lots can become a source of noise which would be unwelcome near residential development. Location and Development Criteria 1. Lots should provide or be located near parking areas with adequate spaces to meet the cinema's parking peak demand. 2. Sites adjacent to residential development would generally not be acceptable unless noise, traffic and other potential impacts can be adequately mitigated. Cinemas 3. Locations which have or can accommodate supportive nighttime activities (e.g., restaurants, book stores, etc.) are preferable to isolated sites where movie-goers are less likely to patronize other downtown businesses. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. Adequate and available parking resources exist on-site, in nearby public resources or in nearby private parking lots for which a binding use agreement has been executed to meet the cinema needs. 2. Traffic generated by the facility will not unduly impact residents or other businesses in the Village. 3. The facility is not likely to create noise, security or other adverse Impacts on adjacent residential development. 4. The facility's location is supportive of a lively Village environment and has a high potential for stimulating support for other Village uses. Definition A commercial enterprise containing fixed seating and dedicated to the showing of motion pictures on one or more screens. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Cultural Facilities Definition A public or quasi-public facility devoted to museum displays, interactive displays and education devoted to history or cultural heritage, or live theatrical, music and/or dance performances. Considerations 1. Live performance theaters are open to public use for only a very few hours each week and are devoid of apparent activity for the remainder of the time. If located in areas of intense retail activity, they can disrupt retail continuity. 2. If intensively programmed, live performance theaters have the potential of creating increased patronage of nearby restaurants and other nighttime use facilities. 3. Live performance theaters generally are designed as large windowless boxes to accommodate the facility's functional requirements and could be out of scale with nearby commercial and residential developments. Facilities with "fly lofts" to store scenery vertically above the stage can have windowless building components over 60 feet in height. 4. Live performance facilities, like cinemas, require substantial amounts of parking nearby. However, unlike cinemas, there is usually only one performance in an afternoon or evening. Therefore, potential traffic congestion is generally only related to the period immediately following a performance. 5. Like cinemas, live performance theaters often close late in the evening and have the potential of creating undesirable noise impacts if sited near residential development. 6. Museum's often require substantial floor area to accommodate exhibits and artifacts. While "storefronts" can contribute to the liveliness of the street environment with visible display items and museum sales shops, the overall facility might occupy space more appropriately devoted to retail activities. Location and Development Criteria 1. Cultural Facilities should be located near parking resources adequate to meet public attendance and employee needs. 2. Locations and frontages should be sensitive to any adjacent retail needs in regard to use compatibility and critical mass of retail uses. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. Adequate parking resources exist on-site or hi nearby public resources to accommodate the cultural facility's needs. 2. Traffic generated by the facility will not unduly impact residents or other businesses in the Village. 3. The facility is not likely to create noise, security or other adverse impacts on adjacent residential development. 4. The facility's contribution to Village vitality and community identity outweighs any potential negative impacts on retail LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual intensity and continuity. Considerations 1. Although fast food restaurants in some urban locations are pedestrian- oriented, most are auto-oriented, require substantial amounts of parking and generate considerable traffic by virtue of their rapid turn-over and take-out food policies. These characteristics can be detrimental to retail continuity and pedestrian safety. 2. Food for take-out service is generally packaged in throw away containers. These along with straws, napkins and wrappers can create special trash problems at and for some distance from fast food restaurants. 3. Most fast food chains desire to utilize their recognizable corporate building and signage styles. While some have made special efforts in modifying their designs to fit special community circumstances, there may be problems in integrating the facility into the desired Village design character. 4. Fast food restaurants often extensively utilize paper or painted window signs as part of their promotional efforts. These can detract from the quality of the Village visual environment. Location and Development Criteria 1. Fast food restaurants with on-site parking should not be located hi areas where retail • or visual continuity are important nor hi areas where vehicular traffic related to their use will disrupt significant pedestrian movement patterns. 2. The site should be large enough to accommodate on-site parking away from street frontages. 3. The developer/franchisee should be willing to design specifically and uniquely for the Carlsbad Village visual environment as well as agree to restrictions on temporary advertising signs. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The use is not likely to create pedestrian and traffic hazards. 2. The use is consistent with and supportive of adjacent commercial uses. 3. Parking locations and visual treatments are consistent with Village goals. 4. The design of the facility and signage is compatible with desired Village character. Fast Food Restaurants (Large) Definition A retail eating or eating and drinking use designed to attract and accommodate high customer volumes or turnovers and which provides ready-to-eat food for consumption on or off the premises and meets the following criteria: • A gross floor area of 1,000 square feet or more, and more than 50 seats. • A limited menu of ready-to-eat food prepared in advance of customer orders, or food which may be quickly prepared. • Food served in disposable wrappers or containers. • Food is ordered at a customer service counter. • Food is paid for prior to consumption. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Financial Institutions (Full) Definition Financial uses providing banking services and products to the public and which occupy more than 25 feet of linear frontage or 1000 square feet of gross floor area including banks, savings and loans, and credit unions. Considerations 1. Large financial institutions can utilize large street frontages which can interrupt retail continuity. 2. Financial institutions often seek locations in downtown areas in order to compete with others with regard to identity and name recognition. This tendency along with their ability to pay relatively high rents frequently resulted in substantial concentrations of these uses with the resultant loss of space for other retail and service uses. 3. Aggressive promotional campaigns for financial products and services often leads to the extensive use of temporary signs placed in widow areas facing the street. This can lead to an appearance of visual chaos. 4. Most financial institutions also provide on-site Automatic Teller machines for quick transactions. This can increase traffic congestion and lead to parking problems as outlined in the provisional use standards outlined for ATM's. 5. Some financial institutions wish to incorporate drive-in banking facilities. These take up large areas of land, contribute to air quality problems by virtue of idling engines and can result in traffic circulation problems. Location and Development Criteria 1. Sites should not contain on-site parking unless such parking can be accessed from streets or alleys without conflict with pedestrians along primary pedestrian paths. 2. Drive-in banking windows should not be allowed. 3. Street frontages should be appropriate to the location relative to retail continuity and should generally not exceed 50 feet. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with following findings: 1. The scale and character of the development are in keeping with adjacent Village development. 2. The use will not adversely affect retail continuity or pedestrian movements. 3. The use will not unduly affect the orderly flow of vehicular traffic in the area. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. The development of additional Institutional Uses within the Village Redevelopment Area will generally be discouraged because these type of projects most often consume large street frontages which interrupt retail continuity. 2. Institutional Uses generally do not assist in the effort to economically enhance an area or serve to meet the revitalization goals the Village Redevelopment Area. 3. Since existing Institutional Uses within the Village have been "good neighbors" for a number of years and have developed strong relationships within the community which give additional identity to the Village Redevelopment Area, existing Institutional Uses will be allowed to remain with legislative approval of a long term Master Land Use Plan for all related property. 4. Permission may be granted by the Carlsbad Redevelopment Agency City of Carlsbad to allow the expansion or intensification of an existing institutional use only if the expansion or intensification provides public benefits, such as street improvements, and it is determined that the project will have no adverse impacts on the surrounding properties. Location and Development Redevelopment Criteria: Although new institutional uses will be discouraged within the Village Redevelopment Area, it is possible that a new institutional use may be proposed for the Village. In this case, the following location and development criteria shall apply: 1. Institutional Use frontages should be limited in areas of intense retail activity unless substantial portions of the frontages are utilized for retail uses which are easily accessible from the sidewalk. 2. Institutional Uses, except for schools, should be located away from residential areas where noise and/or traffic could be a problem. 3. Access to loading or parking facilities should be located away from primary pedestrian areas wherever possible to prevent conflicts and assist with traffic circulation. For existing Institutional Uses, the location is already fixed. However, if redevelopment development of a site is proposed, the above criteria shall remain applicable. Findings For a new institutional use to receive a Redevelopment Village Review Permit. the following findings must be made: 1. The scale and character of the Institutional Use is appropriate to its location and the desired Village character. 2. The use is consistent with the goals and objectives of the Village. 3. Street frontage uses are appropriate to the site and location and adjacent uses. 4. Loading facilities and access to parking will not adversely effect pedestrian movement and safety. In addition to the above findings, the following findings must also be made for all existing institutional uses: 5. A Master Land Use Plan has been submitted and approved by the appropriate legislative body. 6. Expansion or intensification of the use will not have an adverse impact on future development within the area or on revitalization activities. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Institutional Uses Definitions Institutional Uses are those which are generally characterized as being established by a non-profit organization or corporation of a public character with a public purpose being served (ie., education, religious services, elderly care, etc.). Private Secondary School is an educational facility which is established, conducted and primarily supported by a nongovernmental agency and offers general, technical, vocational or college- preparatory courses at a level and to an age group which is intermediate between elementary school and college. Professional Care Facility is a facility in which food, shelter and some form of professional service is provided such as nursing, medical, dietary, exercising or other medically recommended programs. Not included in this definition are hospitals and mental hospitals. Church is generally considered to be a worship facility for a body or organization of religious believers. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Hotels are generally acceptable in all of the designated land use districts. However, issues of scale and potential conflicts must be addressed in each individual circumstance. 2. Hotel street frontages can negatively impact retail continuity unless uses are placed along those frontages which complement the adjacent retail uses. 3. Visitor loading areas can disrupt traffic flows and remove on-site parking resources for retail uses. 4. Functional areas of hotels (e.g., kitchen and trash areas) can be sources of noise which could affect any adjacent residential uses. Location and Development Criteria 1. Hotel frontage dimensions should be limited in areas of intense retail activity unless substantial portions of the frontages are utilized for retail uses which are easily accessible from the sidewalk. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The scale and character of the hotel is appropriate to its location and the desired Village character. 2. Street frontage uses are appropriate to the site location and adjacent uses. 3. Loading facilities and access to parking will not adversely affect pedestrian movement and safety. Hotels Definition A building in which there are five or more guest rooms where lodging on a nightly basis, with or without meals, is provided for compensation, and where no provision is made for cooking in any individual room or suite and shall not include buildings where persons are housed under legal restraint. 2. Hotel service areas should be located away from any adjacent residential uses where noise could be a problem. 3. Access to any loading or parking facilities should be located away from primary pedestrian areas wherever possible. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Laundromats Definition A commercial business wherein coin- activated washers, dryers and similar cleaning equipment are self-operated by individuals not permanently living or temporarily residing on the premises. Considerations 1. Laundromats provide important services for Village and nearby residents without their own on- prerriises equipment and for travelers staying in the area at facilities which do not have laundry facilities. 2. Recent development prototypes in many urban areas have included coffee houses, cocktail lounges or other entertainment uses along with the laundromat functions. These mixes of use must be evaluated with respect to their relative size and ability to attract patronage separately from on-site laundromat users. 3. Typical laundromat frontages are often lacking in visual interest and exhibit high levels of fluorescent lighting which could be at odds with adjacent uses. 4. Convenient parking is generally needed. Location and Development Criteria 1. Laundromats should not be placed in areas where there is a high degree of retail continuity. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The use or combination of uses is compatible with adjacent uses and will not unduly interrupt important areas of retail continuity. 2. The scale and character of the facility is compatible with a Village character. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. The issues of Live/Work Studios deal both with the impact of business uses on adjacent residential uses as well as the impact of adjacent non-residential uses on the livability of the residential units in cases where the studios are located in commercial or industrial areas. 2. Some on-site business activities such as the creation of metal or wood sculpture could introduce a noise element into the residential neighborhood. 3. On-premise display and/or sales activities could generate traffic and parking concerns in residential areas. 4. In commercial areas, the residential units could be substandard in terms of access, light, air and open space unless specifically designed to address those issues. 5. In industrial areas, residents could be subjected to adjacent noise or other environmental impacts. Location and Development Criteria 1. On-site display and sales functions should be limited to sites where vehicular access and parking will not negatively impact other residential units. 2. Live/Work Studios in residential environments should be limited to activities which will not adversely impact adjacent residents. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Live/Work Studio use is compatible with adjacent development. 2. Adequate parking is available for tenants and anticipated visitors. 3. Dwelling units will enjoy a residential environment of comparable quality to other standard units in the Village. Live/Work Studios Definition A residential structure, generally in loft-type unit, in which one or more of the residents utilize a portion of the dwelling unit for business purposes involving the creation or assembly of art, craft, graphic design, photography or similar hand-crafted products for display and/or sale. On- site business activities may include in some but not all cases the display and sale of those hand-crafted goods. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Medical Therapy Offices Definition Medical or allied health service offices which generally meet the following criteria: - Fewer than 3 professionals in the office Treatment sessions lasting 45 minutes or longer Treatment limited to 1 individual or 1 family at a time Includes these and similar uses: • Chiropractor • Family Therapy • Psychologist • Psychologist (Individual) Considerations 1. Medical therapy offices, if located in ground floor storefront space, could interrupt retail continuity given their generally inward-oriented character. Location and Development Criteria 1. These uses should be limited to locations on levels above the ground floor hi off-street locations where they will not adversely impact retail continuity. Findings In order for this use to receive a Redevelopment Village Revie\v Permit, it should be consistent with the following findings: 1. On-premise activities and related parking requirements are compatible with the land use district and adjacent development. 2. Adverse impacts on retail intensity or retail continuity are not likely. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. This type of medical use has the potential of generating higher parking demands than other commercial uses which could impact the visual quality of the Village for on-site parking and the availability of parking for retail uses within the parking district. 2. Medical offices are generally inward- oriented in character and could negatively impact retail continuity if placed in areas with a high retail potential. Location and Development Criteria 1. Medical Treatment Offices should be placed on levels above the ground floor or in off-street locations in areas of retail activity. 2. Sites should be large enough to accommodate on-site parking. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the folio-wing findings: 1. The use is compatible with the land use district and adjacent development. 2. The use will not adversely affect retail intensity or retail continuity in the Village. 3. Adequate parking exists to serve the needs of this use. Medical Treatment Offices Definition Medical or allied health service offices which meet one or more of the following criteria: 3 or more professionals in the office Treatment periods of less than 45 minutes Waiting rooms accommodating more than 5 people Treatment sessions involving 3 or more patients at the same time Includes these and similar uses: • Dental Clinic • Medical Clinic • Medical Office • Psychotherapy (Group) LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Motels Definition A group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and includes motor lodges. An establishment is considered a motel when it is required by the Health and Safety Code of the State of California to obtain the name and address of the guests, the make, year and license number of the vehicle and the state in which it was issued. Considerations 1. Motels are traveler-oriented, therefore should be conveniently located on travel corridors and near other visitor- serving facilities. 2. Motels by their nature have a very strong automobile-to-room relationship which could limit building activity which may be oriented towards Village streets. 3. Because many motels survive on drop-in business, their signage is often aggressive in size and appearance. Location and Development Criteria 1. Parking areas should be located away from street frontages and buffered from public view. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The use is appropriate to the land use district and adjacent development. 2. The site is adequate in size to provide the necessary parking as well as adequate space for landscaping to integrate the project into the Village character. 3. The project enhances the Carlsbad Village image and character. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations \ 1. Multi-family housing is appropriate near the Land Use District 1 rail station but could displace important ground floor retail uses in some locations. 2. Multi-family residential uses generally require on-site dedicated parking which could be difficult to provide hi retail-oriented districts unless located below grade. 3. In Land Use District 6, large parcels lend themselves to multi-family residential development. However, the impact of adjacent industrial uses on the quality of the residential environment may be of concern. Location and Development Criteria 1. Residential units and parking should not be placed on ground floor levels where they would displace desired retail uses or otherwise lessen active street frontage. 2. Sites should be large enough to accommodate parking requirements on-site or below grade. 3. Residential units should not be placed in close proximity to uses which would adversely affect the health and welfare of the residents. 4. For locations adjacent to the AT&SF Railroad Right of Way, adequate provisions should be made to buffer residents from tram noise. In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Multi-family Residential use is appropriate to the site and adjacent development. 2. The site is of adequate size and shape to accommodate its required on-site parking without adversely affecting the visual environment of the Village. Multi-Family Dwellings Definition A building, or portion thereof, designed for occupancy by three or more families living independently of each other and containing three or more dwelling units. 5. Where feasible and possible, multi-family housing near the rail station should be constructed as part of a mixed use development project. Findings LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Night Clubs Definition This use shall also be known as a bar or cocktail lounge with entertainment. Any establishment where alcoholic beverages are the primary product sold, and those sales are not incidental to the sale of meals and also offers live music, recorded music for dancing, a dance floor, comedy or other entertainment on a regular basis. This type of establishment typically has a cover charge for entrance. Considerations 1. Nightclubs, as nighttime activities, have the potential of creating noise problems for nearby residential areas. 2. Nightclubs, because of their floor show and/or dance floor requirements, often require large blocks of floor area which could displace other desired uses. 3. Nightclubs are generally inactive during normal business hours and can create a gap in interesting activity if located along retail frontages. 4. The intensity of use of nightclubs is generally very high since many patrons may be standing or dancing rather than seated at tables. This intensity can create the need for substantial nearby parking. 5. Sidewalk crowds waiting to enter the nightclub and during intermissions or music breaks are not uncommon and can be a hindrance to normal pedestrian movement if located near other nighttime uses such as restaurants. 6. The total number of night clubs within the Village at any given tune shall be limited. An overconcentration of night clubs could be detrimental to the Village. Special consideration shall be given to the potential for proliferation of night clubs by assessing the number and type within the Village at any given tune and the impact an additional club might have on the environment or atmosphere within the Village. Location and Development Criteria 1. Nightclubs or parking serving nightclub uses should not generally be located adjacent to residential development. 2. Nightclubs should contain adequate on-site parking or be located near public parking resources with sufficient capacity to serve their parking requirements. 3. The location should be such that conflicts with other nighttime uses are minimized or design steps should be taken to accomplish that goal. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The site is suitable for a nightclub use and will have a minimal impact upon Village traffic, parking, residents and other adjacent uses. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations I. Pool Halls and Billiard Parlors have become a popular form of both participatory and spectator activity in recent years and cater to a wide range of social, economic and age groups. The issues related to this use are primarily related to those of displacement of desired retail activity in important shopping areas and the disruption of retail continuity. Location and Development Criteria 1. Pool Halls/Billiard Parlors should not be located along prime retail frontages. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Pool Hall/Billiard Parlor use is appropriate to the site and is not likely to adversely affect the Village's retail potential. Pool Halls/ Billiard Parlors Definition Any place of business where billiards or pool is played, and a fee is charged to those playing for the use of the equipment. The billiard room shall not be connected with any other business, nor shall any other business be permitted to be carried on, except that the billiard room may have therein ordinary merchandise vending machines and no more than four coin- operated games of skill, including pinball machines. A bar or cocktail lounge, having two or less pool or billiard tables, shall not be considered to be a pool hall or billiard parlor. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Professional Care Facilities Definition A facility in which food, shelter, and some form of professional service is provided such as nursing, medical, dietary, exercising or other medically recommended programs. Not included in this definition are hospitals and mental hospitals. Considerations 1. The Village should not generally be thought of as a location for new facilities of this type given the Village's emphasis upon retail shopping, small scale offices, visitor services and residential development in close proximity to the commuter rail station. Location and Development Criteria 1. The use should only be considered in Land Use District 9 on the site currently occupied by a similar use (Carlsbad Boulevard and Grand Avenue). Should significant changes to that property or use occur in the future, strong encouragement should be given for conversion of the site to commercial and visitor-serving uses. 2. No new development of this type should be allowed in Land Use District 9 aside from the redevelopment—ef—__rebuilding of similar uses currently occupying sites within the district. 3. Historic portions of existing buildings should be retained and enhanced. 4. New development on existing sites should reinforce the visual interest of adjacent streets and contain substantial landscaping. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The use is a rebuilding or redevelopment of existing or similar uses. 2. The development is consistent with the goals of the Village Design Manual with regard to pedestrian movement and visual character. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Quick stop food stops are likely to be automobile-oriented with rapid parking space turnover and with little spill-over commercial benefit to other Village uses. 2. These uses are often chain franchise operations with a standard appearance that would not comfortably fit into the desired Village visual character without significant architectural and signage modifications. Location and Development Criteria 1. Parking lots should not dominate the site development. 2. Parking lots should be buffered from public view by screening and substantial landscaping. 3. The character of structures and signage must be compatible with a Village character. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The use is appropriate to the Village and the site. 2. The project has been designed to be compatible with the Village environment. Quick Stop Food Stores Definition A retail facility selling take-out food, liquor or other convenience goods and containing fewer than 20 seats where the majority of sales are removed and consumed outside the premises. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Managed Living Units Definition Managed Living Units within the Village shall be defined in the same manner as those allowed, if allowed, within the remainder of the City. The definition shall be established by ordinance approved by the City Council. All Managed Living Units produced within the Village shall comply with the standards and conditions set forth within applicable regulations set forth within the Carlsbad Municipal Code. If a Managed Living Unit Ordinance is not adopted for the remainder of the City, these type of units will also not be permitted within the Village Redevelopment _Area. Development of all Managed Living Units shall be consistent with the Carlsbad Municipal Code. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. The activity often results in many customers leaving the facility late at night with the potential for noise impacts on nearby residences from patrons and vehicles. 2. Restaurants with entertainment often have a use intensity with a significant number of patrons in the premises at one time. Parking conveniently located to the facility is important. Location and Development Criteria 1. Restaurants with Entertainment should not be located where they are likely to adversely impact residential uses. 2. An adequate supply of parking should be located conveniently nearby. 3. Consideration must be given to ensure that there will not be an overconcentration of restaurants with entertainment at any given time prior to approving a new restaurant with entertainment. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The restaurant with entertainment is not likely to have a negative impact on Village residents. 2. Adequate parking is conveniently located near the premises. Restaurants with Entertainment Definition of a Restaurant: An establishment at which the primary business is the preparation, service and retail sale of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises. The sale of any alcoholic beverages must be incidental to the primary restaurant business at all times that the business is open. "Incidental alcoholic beverage sales" means that these sales are subordinated to a minor position to the sale of meals. The intent is for any alcoholic beverage to be purchased with a meal. No more than twenty-five percent (25%) of the interior area of the restaurant shall be used, designed, arranged or devoted to a use commonly associated with a bar or other establishment primarily engaged in the on-premises sale of alcoholic beverages. The interior area shall include only those portions of the establishment devoted to regular use by the public. These establishments may not offer live music, recorded music for dancing, comedy or other entertainment at any time. No cover charge is permitted at any time for access to the restaurant. These establishments must operate in a manner which is consistent with this definition at all times during posted business hours. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Definition of Restaurant with Entertainment: The same as the definition for restaurant noted above, with the exception that these establishments may offer live music recorded music for dancing, comedy, or other entertainment for their dining guests in addition to food and beverage service. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Self-Improvement Services Definition A commercial facility offering group instruction or training and containing large open exercise, work or instructional space with an Occupant Load Factor of 50 square feet or less as defined in the Uniform Building Code. The definition includes health clubs, martial an studios, business and professional schools and aerobic studios but does not include child care centers, private schools or similar private facilities. Considerations 1. These facilities often seek storefront locations among retail facilities and can, because of their inward-oriented nature, create gaps in visual storefront interest and retail continuity. 2. The uses are generally group-oriented and require sufficient parking to serve those on-site at the same time. Location and Development Criteria 1. Self-Improvement Service uses should not be located in storefront locations where retail continuity is important. Findings In order for this use to receive a Redevelopment Village Revie\v Permit, it should be consistent with the following findings: 1. Retail continuity will not be adversely affected by this use. 2. Adequate parking is available nearby. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. Since all or a portion of Sidewalk Cafes occupy public property, tables, chairs and waste receptacles can interfere with normal pedestrian movements. 2. Tables, chairs, waste receptacles and other items, if located near street curbs, can interfere with car doors and pedestrian access to parking spaces. 3. Too many tables and chairs can block access to the business's entry. 4. Since tables, chairs, umbrellas, waste receptacles, planters and other items are prominently located within the public right of way, they can have a substantial impact on the immediate visual environment. Location and Development Criteria 1. Sidewalk tables should be limited to eating and drinking establishments. 2. Tables and chairs should not unduly disrupt pedestrian and vehicular movement. 3. Tables should be placed a minimum of two feet from the curb to allow adequate space for the opening of vehicle doors. p, 4. A clear area of at least five feet in width of linear paved sidewalk, free of all obstructions, must be maintained to allow adequate pedestrian movement on the sidewalk in front of the business. 5. If installed, all fixtures, barriers, railings, landscaping or combination thereof shall be in place when the cafe is in operation and shall be stationary or permanent, fixed to the sidewalk and contiguous to define the cafe boundary and may be removed when cafe is closed. 6. Tables are encouraged to be placed in line with tree wells, street lights and other street furnishing elements in order to maximize a linear unobstructed area. 7. Where tables are placed next to the building facade, a clear area of at least five feet in width should be maintained to building entries. 8. Tables must not block access to fire emergency facilities (e.g., fire hydrants). 9. Tables, chairs and umbrellas should be restricted to the frontage of the business, and should not encroach on the frontage of any adjacent business. 10. All sidewalk obstruction including non- permanent trash receptacles should be removed completely from the sidewalk area daily prior to the close of business. 11. Furniture should be of uniform color and design and of substantial construction to withstand outdoor use. Umbrellas should be made of a wood or metal framework and covered with fabric. No vinyl umbrellas shall be permitted. The Housing and Redevelopment Director shall develop guidelines for examples of acceptable sidewalk cafe furniture. 12. Trash receptacles should be provided by the eating or drinking establishment and the area of the sidewalk cafe should be kept free of litter. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Sidewalk Cafes Definition An outdoor extension of a restaurant, delicatessen, ice cream parlor or similar food service use with the majority of its seating capacity located indoors and where exterior seating occurs partially or wholly on public property. A delicatessen is defined as an establishment which typically has less than 1600 square feet of gross floor area and provides ready-to-eat food products (such as cooked meats or prepared salads) and canned or bottled beverages which are purchased on the premises and consumed off-site. There are no on-site stoves or ovens for the cooking or preparation of food sold at the site. Serving and eating utensils are disposable; no dishwashing facilities are located on the site. Food service is not provided to any tables which might be located on the premises; no waiters or waitresses are employed on the premises. A delicatessen is defined as "retail" for land use purposes. A restaurant is defined under "Bona Fide Public Eating Establishment" in Section 21.04.056 of the Carlsbad Municipal Code. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Sidewalk Cafes 13. A sidewalk table permit must be approved by the Housing & Redevelopment Director prior to the use of sidewalk tables. A fee to be set by the City Council shall be required for processing the subject permit. This fee must be paid before the permit will be processed. 14. The approved sidewalk table permit shall remain in effect for as long as sidewalk tables are permitted within the Village Area and the permittee remains in compliance with the subject approved permit. No new permit shall be required unless the applicant ceases to use the sidewalk tables for a period of 6 months or longer; in this case, a new permit with appropriate fee would be required. The approved permit which remains in effect may be amended without additional fees as approved by the Housing & Redevelopment Director. 15. All other necessary City and/or Agency permits must also be obtained prior to the use of sidewalk tables. These permits may include a business license and/or a redevelopment Village Review permit if required for the primary eating/drinking establishment. 16. The State Department of Alcohol Beverage Control (ABC) shall regulate the sale of alcoholic beverages within the Village. The applicant must obtain the appropriate permits and/or approvals from ABC prior to selling or serving alcoholic beverages to customers using the sidewalk tables. 17. The Housing & Redevelopment Director may approve temporary or permanent enclosures for the sidewalk cafe area as part of the sidewalk table permit if the Director finds that the enclosure will not impede pedestrian traffic and is desired for other safety or aesthetic reasons. 18. Applicant/permittee must sign an Indemnification Statement holding the City of Carlsbad and the Carlsbad Redevelopment—Agency—harmless from any legal action resulting from sidewalk cafe operations and/or any approved enclosures for this sidewalk. 19. The applicant must submit a Certificate of Insurance to the City of Carlsbad in an amount to be established by the Risk Manager of the City of Carlsbad. The City and Carlsbad Redevelopment Agency shall be listed as an "additional Insured" on the Certificate. The Certificate must remain in effect for as long as the tables and chairs are placed within the public right-of-way (on the sidewalk). 20. In accordance with Chapters 21.35 and 21.58 of the Carlsbad Municipal Code, the sidewalk cafe permit may be revoked by the Housing & Redevelopment Director following due process procedures, if: 1) the conditions of the approved permit are not being met; 2) conditions at or around the sidewalk cafe change; and/or 3) if operation of the sidewalk cafe interferes with adequate or safe public use of the sidewalk. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Findings In order for the sidewalk table use to receive a Permit, it shall be consistent with the following findings: 1. The applicant has complied with all of the criteria established relative to Sidewalk Cafes. 2. The use is not likely to result in health or safety problems nor is it likely to adversely impact adjacent uses. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Considerations 1. These uses generally require relatively large sites to accommodate facilities and parking. 2. The uses generally offer relatively little visual interest or street facades. 3. Some facilities have peak usage of an evening hour which could impact adjacent residential uses. Location and Development Criteria 1. Uses should not occupy State Street frontage in Land Use District 4. 2. Sites should be large enough for on- site parking which can be adequately screened and landscaped. Findings In order for this use to receive a Redevelopment Village Review Permit, it should be consistent with the following findings: 1. The Sports Entertainment use is compatible with adjacent development, consistent with a Village character and provides sufficient land on which to accommodate building, parking and landscaping. Sports Entertainment Uses Definition A commercial facility characterized by patron participation in sporting activities and relatively large building volume and/or site. The definition includes bowling alleys, ice/roller rinks, swim clubs and tennis clubs, but does not include any use related to gambling or games of chance. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Non-Conforming Land Uses in the Village Land uses which are not consistent with the allowable or provisional uses of a district or which do not follow the long range goals of the Village Redevelopment ArcaVillage Area are considered to be non-conforming uses for land use review purposes under this manual. Non-conforming land uses in the Village—Redevelopment—AfeaVillage Area can preclude revitalization or desired rcdcvclopmcntdevelopment activities in two primary ways. First, they occupy a site that could be used for redevelopment a higher and better use according to the goals of the underlying district and the Village area as a whole. Second, some non-conforming uses can actually have adverse impacts that reach beyond the confines of the site and actually preclude the desired rcdcvclopmcntdevelopment onf neighboring properties. Non-conforming uses in the Village Redevelopment Review Zone are specifically defined as those within a specific land use district which are: 1) not permitted by right; 2) have not been provisionally approved by the City or the Redevelopment Agency; or, 3) prohibited. Although the City and the Carlsbad Redevelopment Agency will take no action to initiate immediate, or time-specific, abatement of non-conforming uses within the Village Redevelopment ArcaVillage Area, property owners are encouraged to bring their properties into conformance with the regulations of this Manual as soon as possible to assist with the continued revitalization and redevelopment of the area. All existing non-conforming uses within the Village Redevelopment ArcaVillage Area will be allowed to remain until 1) they simply cease to exist for economic or other reasons; 2) the property is abandoned for a period of 6 months or longer; (which means that a building has not been used); or 3) there is a proposed change in use. If any of these conditions exist, the property owner will be required to bring the property into compliance with current land use policies and building codes regulations. Expansion or Intensification of Non-Conforming Land Uses Expansion or intensification of non-conforming uses will not be allowed by the AgcncyCity. However, property owners and/or building tenants will be permitted to complete building facade improvements, add perimeter fencing as appropriate and provide additional landscaping for beautification purposes. Any proposed structural alteration, incidental reconstruction, repair, site alteration, or other property improvements shall conform to the current development standards and design guidelines permitted by the Village Master Plan and Design ManuaL section of this document. Return to Original Use Often difficult situations are created when a property owner wishes to return to the "original use" (from a non-conforming or conforming use) of a building which may have been previously approved prior—te—formation—ef—fee—Village Redevelopment ArcaVillage Area (19&B-but may have become non-conforming per the approved Land Use Plan for the Village Redevelopment ArcaVillage Area. In the past, the public policy has not been clear regarding the property owner's right to return to an "original use". The following is provided in an attempt to clarify the Agency's City Council's position and outline the policy which results from adoption of this ManualMaster Plan. Uses within existing buildings located in the Village Redevelopment ArcaVillage Area as of November 1, 1991, per the Carlsbad Village Redevelopment Agency's Land Use Survey, will be considered to be the "original use" of a building for the purposes of this section. No land use which may have existed prior to November 1, 1991, will be considered as the "original use" of the property for purposes of determining conformance with the Land Use Plan implemented by this MaRttalMaster Plan. If a property owner does not agree with the "original use" identified by the survey, the property owner shall bear the LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual "burden of proof responsibility for providing documentation to the Carlsbad Housing and Redevelopment Director that proves an alternate land use, as identified by the property owner, existed as of November 1, 1991. Conforming Original Use If the "original use", conforms to the Land Use Plan identified within this ManualMaster Plan . the use may continue without any further requirement to obtain a redevelopment Village Review permit regardless of whether or not it meets all current development standards set forth for the Area by this Master Planaaaa}. Expansion or intensification of the "original use", however, may still generate a need for redevelopment Village Review and/or coastal development permits. The property owner may also be required to obtain appropriate building permit(s) for improvements to the property which are necessary or required to ensure conformance to applicable building codes for the type of use existing within any given building as of November 1, 1991. Non-Conforming Original Use If the "original use" does not conform to the Land Use Plan identified within this MaaaatMaster Plan, the use may continue until one or more of the previously identified conditions exist, then the property must be brought into conformance with existing regulations. A change to another non-conforming use will not be permitted. If a property owner changed from an "original use" to another use (conforming or non-conforming) after November 1, 1991, but did not obtain appropriate redevelopment Village Redevelopment and/or Village Review permits, the property owner will be required to comply with existing regulations and obtain the appropriate redevelopment Village Review and/or building permits. If the Design Review—BeafdPlanning Commission determines that the property owner is unable to meet the existing regulations and has exhausted all avenues to legalize the non-conforming use and obtain the appropriate redevelopment Village Review and/or building permits to convert an "original use" to a new, conforming use, per the Land Use Plan within this ManualMaster Plan, the property owner will be allowed, with approval of the Design Review BeafdPlanning Commission via issuance of a minor redevelopment Village Review permit, to return the use of the property to the "original use" regardless of whether or not the "original use" itself conforms to the Land Use Plan; this is the only situation whereby a property owner will be able to convert to a non-conforming use. No expansion or intensification of the "original use", however, will be permitted for a non- conforming use. With approval of the subject minor redevelopment Village Review permit, the Design Review Board Planning Commission will identify an amortization period for the non-conforming use. This means that at the end of the amortization period set forth by the Design Review Board Planning Commission, the "original use" (non-conforming) must be brought into conformance with the existing land use plan and development standards applicable to the area. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities As a part of the planning studies leading to the Village Master Plan and Design Manual, a number of specific sites were studied to provide the basis for establishing appropriate development intensities, parking requirements and design guidelines to achieve a Village scale and character. Figure 4 provides a map which identifies the location of the sites studied as special opportunity areas. Each site identified in Figure 4 represents a special development opportunity which is consistent with the Village's market potential. However, there is no intention to require the development of these specific sites in the manner shown. Rather, the material contained in the following pages should be considered by property owners and potential developers as reflective of the type and scale of development desired in the Village. On the following pages, a description of the special opportunity project identified for the site shown in Figure 4 is provided for review and consideration. The conceptual project design provides an example of the type of design which has been determined to be desirable for the Village. LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Tourist Hotel A • 100 ± Room Hotel • Ground Floor Retail and Restaurants • Visual Terminus to Carlsbad Village Drive Entry • Special Carlsbad Village Drive Activity and Pedestrian Edge • Pedestrian Link to the Ocean • Below Grade Parking LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Museum Center B New Carlsbad History Museum •with Grand Avenue Entry Alt Karlsbad Retention Bed and Breakfast Inn Ground Floor Retail and Restaurants Parking Structure with Ground Floor Retail Uses Pedestrian Amenities along Grand Avenue Museum/Inn Garden LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Rail Station Specialty Center C Retail Shops and Restaurants Professional Offices Commercial Service Shops Passageway Between State Street and Rail Station Fountains and Plazas Future Expansion along Grand Avenue LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Residential Mixed Use D • Multi-Family Residential Units • Ground Floor Retail • Restaurant • Views ofBuena Vista Lagoon • Below Grade Parking Commercial Intensification E • Development Additions Near Alley • Interior Block Courtyards • Outdoor Dining • Retail and Service Shops • Pedestrian Passageways from State Street • Parking Relocated to Public Lots • Alley Service Access LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Commercial Mixed Use F • Ground Floor Commercial • Upper Level Residential Units • Residential Courtyards • Easy Access to Commuter Rail Station • North State Street Residential Entry • Garage Parking on Alley LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Office Infill G • Small Buildings near Street • Parking near Alley • Entry Porches • Pitched Roofs • Partial Parking in Public Lots • Potential Below Grade Parking LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Rail Road Right-of-Way Mixed Use H • Multi-Family Residential Units • Outdoor Recreation Space • Shared Village and Commuter Rail Parking Facilities • Potential Child Care Center LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Special Opportunities Residential Infill I • Cottage-type Units • Garage Parking • Garden Units • Porches Facing the Street LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual Multi-Family Housing • Residential Units • Ground Floor Commercial Potential • Below Structure Parking • Easy Access to Commuter Rail Station Special Opportunities Other Opportunities j Carlsbad Village Cinema • Single or Multi-screen Cinema • Theater Rehabilitation or New Facility • Strong Support for Village Nighttime Uses • Performing Arts Theater Potential • Joint Utilization of Public Parking LAND USES City of Carlsbad Village Redevelopment Master Plan and Design Manual 6.15% SI DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Regulatory Framework -ReviewVillage Redevelopment Zone (V-R) All properties within the Carlsbad Village Redevelopment Area are zoned V-R Village Ro do vo 1 opmon t—Review Zone (per Chapter 21.35 of the City of Carlsbad Zoning Ordinance). The boundaries of the Village Redevelopment—Area are shown on Figure 5 . Land uses eetel development •standards' hereby established fey thia Village Master PJraa Design Manual upon approval ef fefee Housing aad- Redevelopment CommiaoionCity CouncirJr-r All development within the Village Area is regulated by the Village Master Plan and Design Manual. This document also implements the General Plan. Fundamental Land Use and development standards for the Village Area which are hereby established by this Village Master Plan and Design Manual upon approval of the Housing and Redevelopment Commission and City Council. For development standards and other regulations which are not specifically identified within this Village Master Plan and Design Manual, the appropriate reference document shall be the current Carlsbad Municipal Code. Village Area P3raaDe ve 1 opment Redevelopment All development within the Village Redevelopment—Area is regulated by the Carlsbad Village Area Redevelopment PlanMaster Plan and Design Manual, which is the This Master—Plan—aftd-—Design—Manual implements — the fundamental Land Use Plan for got the Area. forth in that Plan. Uniform Building Code The Uniform Building Code shall be the appropriate reference document for identifying the appropriate building standards for all buildings to be constructed, renovated or rehabilitated within the Village Redevelopment - Area. Applicants should consult with the City's Building Department to identify the sections of the building codes which shall be applicable to any project within the Village Redevelopment Area. See Title 18 of the Carlsbad Municipal code for Building Codes and Regulations . Local Coastal Plan Non- exempt Development on properties located within the Coastal Zone requires a Coastal Development Permit issued by the Planning Commission or :arlsbad Redevelopment Agency/City of Carlsbad (depending on whether the project is located within the Coastal Zone, but not in the RodcvclopmcntVi1lage Area, or within both the Redevelopment Village Area and the Coastal Zone. The boundaries of the coastal zone within the Village Redevelopment Area are shown on Figure 5) . The Village Master Plan—and__Design Manual together with implementing ordinances and policies- fefee Carlobad Village Area Redevelopment together thcir implementing—ordinances—asel—fefee manual policies and proooduroa constitutes- a-s—the Local Coastal Program/Plan for the Village Redevelopment—Area segment of the Carlsbad Coastal Zone.Thisese documents shall establish the standards for all development within the Village Area of the Coastal Zone Policies and Procedures Manual From time to time, the Carlsbad Housing aft4 Redevelopment CommisGionCity Council may also establish policies and procedures which must be adhered to for development and/or other activities within the Village Redevelopment Area. Those policies and procedures—shall—fee—adopted—fey -febe Commission aad- included within a "Housing aeel —Commission —Procedures Redevelopment Policies and Manual. " When these policies and procedures impact any development and/or activities located on properties within the Coastal Zone, the policies and procedures must be approved by the Coastal Commission or its executive director prior to DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual becoming effective within the Village segment Coastal Zone. Development Standards This Development Standards section is divided into two (2) parts. The first part outlines "Universal Standards" which are applicable to all projects within the Village Redevelopment—Area, regardless of district location. The second part outlines the "Individual Standards" for each Land Use District; these standards will differ from district to district and will be applied according to the location of the proposed development and/or activity. Variances Variances to development standards set forth within the Village Master Plan and Design Manual document shall be processed according to regulations established within Section 21.35.130 of the Carlsbad Municipal Code. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Non-Conforming Uses The provisions set forth for non-conforming uses within the Village Master Plan and Design Manual document shall supersede regulations set forth within the Carlsbad Municipal Code. See Chapter 2 of this document for information related to regulations for non-conforming uses in the Village Redevelopment—Area. Chapter 2 provides regulations regarding 1) the continued operation of a non-conforming use; and 2) the conditions upon which a property owner can return to an "original use" of the property, even if it determined to be non-conforming under the Land Use Plan set forth within this ManualMaster Plan. Code Enforcement For the purposes of code enforcement as related to the regulations set forth by this Village Master Plan and Design Manual, Title 21 of the Carlsbad Municipal Code shall serve as the applicable regulations in terms of procedures and due process. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Figure 5 provides two maps which indicate the coastal zone boundaries for the Village Redevelopment Area. The shaded area indicates the coastal zone. All non-exempt development on properties within the Coastal Zone will require approval of a Coastal Development permit. Figure 5. Rcdcvcl opmcn t Area Village Boundaries and Coastal Zone Boundaries: Figure 5. Rcdcvcl opmcn t—Area Land Use District and Coastal Zone (shaded Village Boundaries, Boundaries Boundaries area). DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Universal Standards These standards are applicable to all development in the Village Area. Development Standard Modifications qfi.Modifications to the development standards may be permitted by the Houcting and Redevelopment ComijiioaionCity Council in all land use districts of the Village Area for developments where the applicant can provide acceptable evidence that a requested development standard modification is 1) necessary to provide housing affordable to low and/or moderate income households, and/or 2) necessary in order for the development to qualify for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of t cert mod: the Pomti he development with such ification. Development standard fications may also be permitted by in rj.ra.i. {•a.ya.p -i f"V Pmimri'i 1 1 "F 1 \ 1~Vlf=> applicant can provide acceptable evidence that application of the development standards will preclude the construction of a residential development at densities at or above the minimum set forth for the applicable land use district, or 2) for projects that have a significant public ben< Cour fit Rori cil as determined by the Housing or that assist the Commission in meeting the goals and objectives set forth within the Village Master Plan and Design Manual. 1. Density 2. parking standards 3. building setbacks 4. height 5. open space General Plan All Vi1lage developmentrcdovclopmcnt projects must be consistent with all General Plan policies, goals, and action programs. Residential Density The properties within the Village Area do not have a residential density assigned to them for Growth Management Program compliance purposes. Therefore, the minimum and maximum densities for development that includes residential within the Village Area are set forth herein. For Land Use Districts 1-4 of the Village Area, the maximum density permitted for a development that includes residential shall be 35 dwelling units per acre. For Land Use Districts 5-9, the maximum density for a development that includes residential shall be 23 dwelling units per acre. The minimum density for all land use districts with development that includes residential in the Village Area shall be 15 dwelling units per acre. A density bonus may be granted in accordance with Chapter 21.86 of the Carlsbad Municipal Code to exceed the maximum density noted above. A density increase may also be granted, on a case-by-case basis, for the purposes of providing affordable housing for low and/or moderate income households and/or when an applicant can provide acceptable evidence to the Houaing and Redevelopment CommiaciionCity Council that the density increase is necessary in order for the development to qualify for silver level or higher LEED Certification, or a comparable green building rating, and assist in maintaining the financial feasibility of the development and/or when the Houaing and Redevelopment CommioaionCity Council determines that a project has significant public benefit or assists in meeting the goals and objectives set forth within the Village Master Plan. To approve a density above the maximum set forth herein, the following findings must be made by the Houoing and Redevelopment CommiooionCity Council: 1. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. 2. That there have been sufficient developments approved in the quadrant below their maximum densities so the approval will not result in exceeding the quadrant limit. 3. That all necessary public facilities will be constructed, DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Through redevelopment and/or special revjew permit approvals, modifications may include, but are not limited to: or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. The minimum residential density for the Village shall be 15 dwelling units per acre. Pursuant to California Government Code Section 65863, the City utilized 23 dwelling units to an acre in the Village for purposes of determining the adequacy of sites to provide for affordable housing in its 2005-2010 Housing Element. As a result,to approve a development that includes residential density below 23 dwelling units per acre, the following findings must be made by the Housing and RodcvGlopmont CommiaaionCity Council: 1. the reduction is consistent with the adopted general plan, including the housing element. 2. the remaining sites identified in the housing element are adequate to accommodate the city's share of the regional housing need pursuant to Government Code Section 65584. In future Housing Elements, the density may be revised as appropriate and this section of the Village Master Plan and Design Manual shall be revised by reference accordingly. In no case shall the residential density be below the minimum of 15 dwelling units per acre. Pursuant to City Council Policy No. 43, all housing located in the Village DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Redevelopment Area qualifies for, and requires, an allocation of excess units from the Proposition E "Excess Dwelling" Unit Bank. Planned Development Residential units proposed for separate ownership shall comply with the development standards and design criteria set forth within this Master Plan, and within Carlsbad Municipal Code, Title 20 and the State Subdivision Map Act. A tentative tract map application shall be filed together with the appropriate rGdcvclopmont Village special review permit. The Dcoign Review BoardPlanning Commission shall make a recommendation to the -Housing and Redevelopment CommioaionCity Council, and the CouncilCommiaaion shall be the final decision-making authority, on an application for a tentative tract and/or final map for a development within the boundaries of the Village Redevelopment Area. All residential units or mixed use projects which are intended to have residential units which are sold for separate ownership will be subject to the following additional requirements: 1) The storage of large recreational vehicles, such as motor homes, travel trailers, or boats will not be allowed within the residential or mixed use project. These vehicles must be stored off-site and off-street at all times. The storage of small recreational vehicles, such as canoes or a j et ski, may be permitted on site if the vehicles are stored within an DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual area which is screened from adjacent residences and public rights-of-way by either a view- obscuring wall or landscaping. 2) Parking garages shall be designed such that they are visually subordinate to the residential structure or mixed use project. Whenever possible, entrances to individual garages or parking stalls shall be located off a rear alley or within an enclosed parking structure. Rail Corridor Development All future development adjacent to or near North County Transit District's Right-of-Way shall be planned with consideration given to the safety of the rail corridor. This consideration will be given at the project-specific level and a determination will be made at that time as to whether or not any additional safety measures are required as a result of the proposed development. Inclusionary Housing Requirements All residential projects including the conversion of apartments to airspace condominiums are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code-r^ and thoao requirements imposed by Redevelopment Law. Per Redevelopment Law, 15% of the private housing unita—constructed muat be affordable to low and moderate income pcraono,—of which not leoo—than 40% (or 6% of the total unita) muat bo affordable to very low income houocholda. Per City Ordinance, 15% of the total housing units constructed DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual must be affordable to low income households. Projects consisting of 6 or fewer market rate units may pay an in-lieu fee rather than constructing a unit. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking New development and additions to existing buildings within the Village Redevelopment Area will be required to provide parking per the standards contained within Chapter 5 of this Village Master Plan and Design Manual. Changes of use within an existing structure or building may require additional parking if the new use creates a parking demand greater than the structure or building's previous use or existing on-site parking spaces. The Parking In-Lieu Fee Program described in Chapter 6 may be available as an option for property owners/tenants who are unable to meet their on-site parking requirements. Requests for variances from the on-site parking requirements shall be processed as set forth in Chapter 6 of this document. Building Coverage, Building Height and Building Setbacks I The standards for building coverage, height and setbacks are established individually according to the applicable Land Use District within the Village Redevelopment Area. See the appropriate development standards section for the applicable Land Use District to identify the standards which apply to projects within the area. Where a range is established for the subject standard, the individual project standard may be set anywhere within the range based on findings that the project design or site constraints justify the standard and subject to the findings/criteria outlined below for each type of standard noted. Building Coverage In all cases where a range has been established as the appropriate building coverage standard within a given district, the bottom of the range shall be considered the desired standard. However, an increase in the standard to the maximum, or anywhere within the range, may be allowed if the project warrants such an increase due to good project design and/or the provision of other projects features which benefit the Village RcdGvclopmont Area. The benefits realized from the increased standards shall be set forth with the approving resolution for said project. For approval of a building coverage standard which is above the maximum for the subject land use district, a standards modification or variance must be approved by the authorized approving body/official. Standards modifications shall be granted as set forth within this Village Master Plan and Design Manual. Variances shall be granted according to the regulations set forth in Section 21.35.130 of the Carlsbad Municipal Code. A variance for a building coverage standard which exceeds the top of the range, or the individual standard set forth, will be granted only if the project meets one or more of the following criteria: 1. The project is a mixed use project which provides for residential living units located in close proximity (reasonable walking distance) to the Village Commuter Rail Station. 2. The project is a hotel facility whose scale, design and auxiliary facilities are judged to be appropriate to the Village. 3. The project is a residential project providing a quality living environment and where increased density would not negatively impact adjacent residential development. 4. The project provides for exceptional public amenities in terms of site design or facilities. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Consistency Determination In the Village, design of buildings is very important and there is an expectation that the design shall be consistently implemented through all project construction. In other words, the: comj pro; wit! e is an expectation that upon letion of the new construction the ect will be substantially consistent the design approved by the opriate decision-making authority. The following criteria is set forth and must be met in order for the Housing and Redevelopment Director to approve a consistency determination and ensure that the project design is consistently implemented The Housing and Redevelopment Director may, at an administrative level, make a consistency determination if all of the following criteria are met: 1. The modified project design is comparable in character, scale, architectural detail and/or other design features to the original project design, or represents an upgrade in overall design features | and/or materials as originally approved. The modifications must not be readily discernible to the decision makers as being substantially different from the project as originally approved. The original architectural detail or the design features may be enhanced as long as the character, scale, or theme of the design remains consistent with the original I approval. 2. No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function by the Housing and Redevelopment Director, Doaign Review BoardPlanning Commission and/or Houoing and Redevelopment CommiGaionCity Council.. 3. The modified project complies with all applicable development standards, or does not exceed the variances in standards as originally approved by the final decision maker. 4. The modified project does not increase the density or intensity of the development. A decrease in the density or intensity of development can be considered an acceptable change for consistency determination purposes, at the discretion of the Housing and Redevelopment Director 5. The proposed modification does not involve the addition of a new land use which was not shown on the original permit. 6. The proposed change will not result in any significant environmental impact, and/or require any additional mitigation. 7. The proposed change will not result in any health, safety or welfare impacts. 8. There were not any major issues or controversies associated with the original project which would be Consistency Determination Application Process To request a consistency determination, the applicant shall submit an application and amended exhibits, graphics, statements or other information as may be required to explain and justify the request to the Housing and Redevelopment Director. The Housing and Redevelopment Director will determine the number of copies of the application and exhibits to be submitted for processing. If the consistency determination can be made by the Housing and Redevelopment Director, the applicant shall receive a letter approving the design modifications, and providing authorization to proceed. If the Housing and Redevelopment Director is unable to make the consistency determination, the applicant shall receive a letter denying the request and providing instructions as to how to proceed with an amendment of a minor or major redevelopment and/or special review permit to allow for the design modifications. If the original permit was a major redevelopment permit and the applicant is proposing a design change only and there are no other changes in land use, intensity of development, etc. the applicant shall submit an application for a major redevelopment and/or special review permit amendment with the appropriate exhibits. The application and exhibits together with a staff report and recommendation will DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual exacerbated with the proposed project modification. be forwarded directly to the Houoing and Redevelopment CommiaoionCity Council for a public hearing and final action. A recommendation will not be required from the Design Review BoardPlanning Commission. Al1 applicable fees shall be paid and the appropriate public hearing notices shall be provided for the permit amendment. If the original permit was a major redevelopment and/or special review permit and the applicant is proposing a design change which results in changes in land use, increased density or increased intensity of development, etc., the applicant shall submit an application for a permit amendment with the appropriate exhibits. The application and exhibits together with a staff report and recommendation will be forwarded to the Design Iloviow BoardPlanning Commission for a recommendation and then forwarded to the Housing and Redevelopment CommisGionCity Council for final action. All appropriate public hearing notices shall be provided for the permit amendment. If the original permit was a minor redevelopment and/or special review permit, design changes as well as other land use, intensity of development shall be submitted to the Design Rovicw BoardPlanning Commission for consideration. The applicant shall submit an application for a permit amendment with the appropriate exhibits. The application and exhibits together with a staff report and recommendation will be forwarded to the Design Review BoardPlanning Commission for final action. All applicable fees shall be paid and the DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual appropriate public hearing notices shall be provided for the permit amendment. The Design Review BoardPlanning Commission decision is appealable to the Houoing and Redevelopment CommiBaionCity Council. If the subject property is located within the Coastal Zone, the Coastal Commission shall be appropriately notified of all decisions regarding consistency determinations and/or amendments to minor or major redevelopment and/or special review permits. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Building Height The height standard for a building, or buildings, within the Village Rcdcvcl opmqnt Area, is noted as a maximum within the individual land use district development standards. The height of a proposed building may not exceed the standard set forth for the given land use district, but it may be set lower if deemed desirable for the project. As a note, additional building height is permitted for all projects in all land use districts for architectural features which are designed as part of the project. For information on architect- tural features which are exempt from the height limit calculation, see Section 21.46.20 of the Carlsbad Municipal Code. To exceed the maximum height standard set forth within the development stan- dards for a given land use district, a variance or standards modification must be granted by the appropriate approving body/official for the project. A variance or modification for a height standard which exceeds the standard set forth for a given land use may be granted only if the project meets one or more of the|following criteria: 1. The increased height will be visually compatible with surrounding buildings. 2. The increased height will not unduly impact nearby residential uses. 3. The taller project will not adversely impact views. 4. The project will maintain a scale and character compatible with the Village and the guidelines contained within this Village Master Plan and Design Manual. 5. The project provides for exceptional design quality and is consistent with the goals and objectives of the Village Redevelopment Area. Building Setbacks In all cases where a range has been established as the appropriate setback standard within a given district, the top of the range shall be considered the desired standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such reduction due to good project design and/or the provision of other projects features which benefit the Village Rcdovolopment Area. The benefits realized from the reduced standards shall be set forth with the approving resolution for said project. For approval of a setback standard which is below the minimum for the subject land use district, a variance or standards modification must be approved by the authorized approving body/official. Variances shall be granted according to the regulations set forth in Section 21.35.130 of the Carlsbad Municipal Code. Standards modifications shall be approved as set forth within this Village Master Plan and Design Manual. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan4 Use District 1 - Carlsbad Village Center Following are the individual development standards which have been set forth for all projects to be developed within Distjrict 1 of the Village Redevelopment Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Building Setbacks: Front: For non-Residential and mixed use development there shall be no minimum or maximum setback for first at grade floor. A 10 foot average setback shall be required for all floors above the first at grade floor. For residential only projects, there shall be a 10 foot average setback for all floors, including the ground floor. Side: No minimum or maximum setback requirement. Rear: No minimum or maximum setback requirement. Exception: At Grade Parking lots must be set back a minimum of 5 feet from any property line for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be public or private and may be roof gardens/patios, balconies, other patios and outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All Projects: 100% Building Height: 45' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1. That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2. That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3. That the wall or fence is attractively designed and/or no more than six (6) inches above the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 1 of the In-lieu Fee Parking Program which means that properties east of the AT&SFT Railroad right-of-way within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The In-Lieu Fee parking program shall only be permitted in the remaining redevelopment area west of the railroad right-of-way when it can be demonstrated to the satisfaction of the California Coastal Commission that 1) a bonafide fee has been established to implement such a program; 2) specific sites have been identified where parking facilities will be constructed; and 3) detailed criteria and procedures have been established for the annual assessment of parking utilization subject to the completion of a parking study or -other technical information. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: Temporary building structures and DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual dedicated to landscaped planters, decorated. storage containers shall be prohibited, open space pockets and/or connections, Decorative wall features may extend unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan|d Use District 2 - Office Support Area Following are the individual development standards which have been set forth for all projects to be developed within District 2 of the Village Redevelopment Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: For non-Residential and mixed use development there shall be no minimum or maximum setback for first at grade floor. A 10 foot average setback shall be required for all floors above the first at grade floor. For residential only projects, there shall be a 10 foot average setback for all floors, including the ground floor. Side: No minimum or maximum. Rear: No minimum or maxiumum. Exception: At Grade Parking lots must be set 'back a minimum of 5 feet from any property line for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be public or private and may be patios, and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 100% Building Height: 45' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: l.That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2.That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3. That the wall or fence is attractively designed and/or decorated. Decorative wall features may extend no more than the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: No outdoor storage is permitted within this District. Display of products outdoors must be consistent with standards set forth within this Design Manual or policies established by the Housing and Redevelopment CommiaoionCity Council. Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing residential lot shall have a solid masonry wall installed along common DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other six (6) inches above.lot lines. Also any non-residential development constructed on Oak Avenue shall be designed in a manner which respects the area's residential character. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Land Use District 3 - Freeway Commercial Support Area Foil star all Dist owing are the individual development .dards which have been set forth for projects to be developed within rict 3 of the Village Redevelopment Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in settling the standards for individual projects when a range is set forth for the subject standard. Building Setbacks: Front: For non-Residential and mixed use development there shall be no minimum or maximum setback for first at grade floor. A 10 foot average setback shall be required for all floors above the first at grade floor. For residential only projects, there shall be a 10 foot average setback for all floors, including the ground floor. Side: No minimum or maximum. Rear: No minimum or maximum. Exception: At Grade Parking lots must be set back a minimum of 5 feet from any property line for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios, and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 100% Building Height: 4 5' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 2. That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; JThat the additional wall height is requested by the adjacent neighbor and/or determined by the decision interest of the adjacent neighbor; 3. That the wall or fence is attractively designed and/or decorated. Decorative wall features may extend no more than six (6) inches above the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: No outdoor storage is permitted within thi District. Display of products outdoors must be consistent with standards set fort within this Design Manual or policies established by the Housing and Redevelopment Commission. Existing residential structures converted to commercial purposes must be brought int conformance with Title 18 of the Carlsbad Municipal Code. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be public or private and may be making body to be in the best Temporary building structures and storage containers shall be prohibited, unless use in conjunction with new construction and/o rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan4 Use District 4 - Residential Support Area Following are the individual development standards which have been set forth for all projects to be developed within Distfrict 4 of the Village Redevelopment Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Building Setbacks: Front: For non-Residential and mixed use development there shall be no minimum or maximum setback for first at grade floor. A 10 foot average setback shall be required for all floors above the first at grade floor. For residential only projects, there shall be a 10 foot average setback for all floors, including the ground floor. Side: No minimum or maximum. Rear: No minimum or maximum. Exception: At Grade Parking lots must be set back a minimum of 5 feet from any property line for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be public or private and may be dedicated to landscaped planters. roof gardens/patios, balconies, other patios, and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 100% Building Height: 45' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1 That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2. That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3.That the wall or fence is attractively designed and/or Decorative wall features may extend no more than six (6) inches above the maximum height of the wall. -Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: No outdoor storage is permitted within this District. Display of products outdoors must be consistent with standards set forth within this Design Manual or policies established by the Hogging and Redevelopment CommJBaionCity Council. Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing residential lot shall have a solid DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual open space pockets and/or connections,decorated.masonry wall installed along common lot lines. Also any non-residential development constructed shall be designed in a manner which respects the area's residential character. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment-Master Plan and Design Manual Lan4 Use District 5 - Hispanic Mixed Use Support Area Following are the individual development standards which have been set forth for all projects to be developed within District 5 of the Village Rcdcvo1opmont Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: 5-20 feet residential 5-10 feet commercial Side: 5-10 feet Rear: 5-10 feet No parking in front or rear setbacks; this area is to be used primarily for landscaping purposes only. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be private or public dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios, and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 60 to 80% Building Height: 30 feet maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 4:12 roof pitch. Due to the fact that this District is located in the Old Carlsbad Neighborhood, special scrutiny will be given to any requests for exceptions to the height restrictions. In most cases, additional height will be granted only if there are no objections from the surrounding Community, businesses and/or residents. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1. That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2. That the additional wall height is requested by the adjacent neighbor and/or determined by the the best interest of the adjacent neighbor; 3.That the wall or fence is attractively designed and/or decorated. Decorative wall features may extend no more than six (6) inches above the maximum height of the wall. Wall heights shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: Access to parking will not be allowed from Roosevelt Street unless no other access is available. No outdoor storage is permitted within this District. Display of products outdoors must be consistent with standards set forth within this Design Manual or policies established by the DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual decision-making body to be in Houoing and Redevelopment CommiaoionCity Council. Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing residential lot shall have a solid masonry wall installed along common lot lines. Also any non-residential development constructed in the area shall be designed in a manner which respects the area's transitional or residential character. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan4 Use District 6 -Service Commercial Support Area Following are the individual development standards which have been set forth for all projects to be developed within Disttrict 6 of the Village Redevelopment Are4- Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: 5-20 feet Side: 5-10 feet Rear: 5-10 feet No parking in front set-backs; this area is to be used primarily for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be private or public dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios, and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 50 to 80% Building Height: 3 5' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1 That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2 That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3 That the wall or fence is attractively designed and/or decorated. Decorated wall features may extend no more than six (6) inches above the height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-Lieu Fee Parking Program which means that properties east of the AT&ST Railroad right-of-way within the district may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Use of Railroad right-of-way for structures or parking will only be allowed subject to provisions for future public access along the right-of-way, conditions of approval related to future use or a determination by the City that provisions for future public use are not needed. Existing automotive and light industrial uses in District 6 will be allowed to remain. If a land use change is proposed, the new land use must conform with this Village Design ManualVillage DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual maximum height of the wall. Master Plan and Design Manual. Wall All City ordinances related to health and safety will be strictly enforced. Owners of existing uses on Tyler Street will be encouraged to relocate parking areas away from street frontages where possible and to improve the appearance of their properties through landscaping and exterior building improvements. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan4 Use District 7 - Office Support Area Following are the individual development standards which have been set forth for all projects to be developed within District 7 of the Village Redevelopment Area. Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: 5-20 feet Side: 5-10 feet Rear: 5-10 feet No parking in front or rear set-back, this area is for landscaped purposes only. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may Ibe private or public and may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 60 to 80% Building Height: 3 5' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six .(6) feet, the decision making body must make the following findings: 1 That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2 That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3 That the wall or fence is attractively designed and/or decorated. no more than six (6) inches above the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: No outdoor storage is permitted within this District. Display of products outdoors must be consistent with standards set forth within this Design Manual or policies established by the Houoing and Redevelopment CommiaoionCity Council. Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Decorative wall features may extend residential lot shall have a solid masonry wall installed along common lot lines. Also any non-residential development constructed shall be designed in a manner which respects the area's residential character. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lanj Use District 8 - Residential Support Area Following are the individual development standards which have been set forth for all projects to be developed within rict 8 of the Village Rcdcvc1opmcnt .. Please see the "Universal .dards" section of this Chapter for Dist Are; Star information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: 5-15 feet Side: 10% of lot width 5 to 10 feet, street side Rear: 5-10 feet Open entry porches may extend into the front setback. Parking is not allowed in front yard setback. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be private or public dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: All projects: 60 to 80% Building Height: 3 5' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1 That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2 That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3 That the wall or fence is attractively designed and/or decorated. Decorative wall features may extend no more the maximum height of the wall. Wall height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. District is located within Zone 2 of the In-lieu Fee Parking Program which means that properties within the District may be allowed to meet a portion of their on-site parking requirement by paying a fee. The details of the In-lieu Fee Parking Program option for meeting on-site parking requirements are outlined in Chapter 6 of this Manual. Other Miscellaneous Requirements: No outdoor storage or display is permitted within this District. Display of products outdoors must be consistent with standards set forth within this Design Manual or policies established by the Housing & Redevelopment Commission. Existing residential structures converted to commercial purposes must be brought into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment-Master Plan and Design Manual than six (6) inches above residential lot shall have a solid masonry wall installed along common lot lines. Also any non-residential development constructed shall be designed in a manner which respects the area's residential character. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual Lan4 Use District 9 - Tourism Support Area Following are the individual development standards which have been set forth for all projects to be developed within District 9 of the Village Rodovo1opmcnt Are4- Please see the "Universal Standards" section of this Chapter for information on variances and standards modifications, and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. Setbacks: Front: 5-20 feet Side: 5-10 feet Rear: 5-15 feet No parking will be allowed in the front setback; this area is to primarily be used for landscaping purposes. Open Space: A minimum of 20% of property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be public or private and may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Building Coverage: Commercial: 80 to 100% Mixed Use: 60 to 80% Building Height: 45' maximum. Roof Pitch: 50% of the total roof structure (per property) must have a 5:12 roof pitch. Property Line Walls/Fences: All property line walls/fences (including combination retaining wall and fences) shall be limited to a maximum of six (6) feet unless a taller wall or fence is approved by the appropriate decision making body. To exceed the wall height of six (6) feet, the decision making body must make the following findings: 1 That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation; 2 That the additional wall height is requested by the adjacent neighbor and/or determined by the decision making body to be in the best interest of the adjacent neighbor; 3 That the wall or fence is attractively designed and/or decorated. Decorative wall features may not extend six (6) inches above the maximum height shall be measured from the lowest side of the finished grade to the top of the wall. Parking Requirements: See Chapter 6 of the Village Master Plan and Design Manual for list of parking requirements by land use. Properties within this District will not be allowed to meet a portion of their on- site parking requirements by paying an in-lieu fee until the City/Redevelopment Agency can demonstrate to the satisfaction of the California Coastal Commission that 1) a bonafide fee has been established to implement such a program,- 2) specific sites have been identified where parking facilities will be constructed; and 3) detailed criteria and procedures have been established for the annual assessment of parking utilization subject to the completion of a parking study or other technical information. A local coastal program amendment must be approved by the Coastal Commission before the Parking In-Lieu Fee Program may be implemented within this District. Other Miscellaneous Requirements: No outdoor storage is permitted within the District. Display of products outdoors will be permitted within this District if it is consistent with standards set forth within this Design Manual or policies established by the Housing and Redevelopment Commission. Existing residential structures converted to commercial purposes must be brought DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual height of the wall. Wall into conformance with Title 18 of the Carlsbad Municipal Code. Any lot proposed for non-residential development which adjoins an existing residential lot shall have a solid masonry wall installed along common lot lines. For Army/Navy Academy and Carlsbad- by-the-Sea Retirement Home, a long range master plan must be approved prior to the issuance of any permits for improvements and additions to existing facilities. All future changes must conform to this approved Master Land Use Plan, or as amended by the original approving body. Temporary building structures and storage containers shall be prohibited, unless used in conjunction with new construction and/or rehabilitation of a building and/or other infrastructure within the Village Area and approved in writing by the Housing and Redevelopment Director in advance of use. If a temporary structure is permitted, for storage or other purposes, in conjunction with an approved development project, it will be allowed only until the new development receives approval for occupancy. DEVELOPMENT STANDARDS City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN DESIGN GUIDELINES ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H^^^^^^^MI^^^^I^^^^HIHI^^^B^^^^^^^^Hjg^^^^^BBI^^^^^^^B>^^^^Hl^^Bi^B^^^^^^_>—City of Carlsbad Village Redevelopment Master Plan and Design Manual Basic Design Principles A Village scale and character will be emphasized for all future development and property improvements to reinforce Carlsbad Village's uniqueness, enhance its image as a shopping and entertainment destination and improve its livability as a mixed use residential environment. Ten basic design principles will be utilized in the design review process for property improvements and new construction in the Village. The Design—Review BeardPlanninR Commission, must be satisfied that the applicant has made an honest effort to conform to each of these principles. 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visually subordinated. 10. Signage shall be appropriate to a village character. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual lots, blank walls or non-contributing uses. Provide a Variety of Setbacks along any single commercial block front. Varied setbacks will provide a desired informality and diversity of appearance and will allow for special landscaping. The range of setbacks along a frontage need not be great and need not be applied along any single parcel frontage. Provide benches and low walls along public pedestrian frontages. Places for people to rest briefly or wait for friends can both encourage longer shopping trips to the Village and express the feeling that Village merchants care about the comfort and convenience of their customers. 3 Maintain Retail Continuity along Pedestrian-oriented frontages. The pedestrian shopping experience should not be interrupted by parking Avoid Drive-Thru Service Uses. Drive-thru windows for banks, fast food restaurants and similar uses take up valuable Village land area and create potential pedestrian/vehicular conflicts. COPY DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Site Planning Minimize Privacy Loss for Adjacent Residential Uses. Placement of windows and trash areas should be sensitive to any adjacent residential units, outdoor dining areas or pedestrian areas. COPY Encourage off-street courtyards accessible from major pedestrian walkways. Courtyards can enrich the Village environment providing more businesses (e.g., art galleries and restaurants) and personal services (e.g., beauty and nail salons) conveniently located near the greatest intensity of pedestrian shopping activity. 7 Emphasize an abundance of landscaping planted to create an informal character. Like its architecture, the Village landscaping should be informal in character with a great deal of variety and diversity. Landscaping within each parcel should be personalized to the specifics of the building and site. Colorful flowers in planter boxes and pots, in planting beds, on trellises and on flowering trees will add to the richness of the visual environment and to the unique living and marketing image sought for the Village. All landscaping including required irrigation systems must conform to the City's adopted Landscape Manual. 8 Treat structures as individual buildings set within a landscaped green space. Exceptions: Buildings fronting on: • Carlsbad Village Drive • State Street • Grand Avenue • Carlsbad Blvd., between Carlsbad Village Drive and Grand Avenue • Roosevelt Street (West Side) DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking and Access Provide landscaping within surface parking lots. Trees in addition to perimeter landscaping should be provided within parking lots at a ratio of one for every four parking stalls. Trees may be clustered in concentrated planting areas to break up large parking lot surfaces. Provide access to parking areas from alleys wherever possible. Access from adjacent alleys will allow more of the site to be devoted to landscaping and will minimize conflicts between pedestrians and vehicles. Devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. Paving within parking areas should be minimized and landscaped areas maximized to provide the visual and environmental quality needed to support the desired Village character. COPY Locate parking at the rear of lots. Parking areas behind buildings will have the least visual impact and likelihood of affecting retail continuity. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking and Access 5 Avoid parking in front setback areas. All commercial and residential buildings should have a strong relationship to the street and setback areas should be devoted to landscaping. ppj--^-.' Avoid curb cuts along major pedestrian areas. • State Street • Grand Avenue (between Roosevelt Street and Carlsbad Boulevard) • Carlsbad Boulevard (between Grand Avenue and Carlsbad Village Drive) • Roosevelt Street (between Beech and Walnut) Pedestrian retail continuity relies on a minimum of conflicts between vehicles and pedestrians. Exceptions to the curb cut prohibition may be considered where no other access to parking is possible or where conflicts are likely to be minimal. COPY 7 Avoid parking in block corner locations. Comers within the Village are visually important and should be occupied by interesting buildings. However, owing to limited location opportunities, public parking facilities may be exempted so long as substantial setbacks and landscaping are provided. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual 8 Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. The visual intrusion of automobile parking within the Village needs to be minimized. Parking lots should be integrated with adjacent buildings by low walls and landscaping to the maximum degree possible. Parking and Access Mai-vV* >_-^n. i*. *"* 9 Avoid buildings which devote significant portions of their ground floor space to parking uses. The placement of buildings over ground level parking limits the accommodation of supportive ground floor uses and detracts from the appearance of the building. 10 Place parking for commercial or larger residential projects below grade wherever feasible. The vertical stacking of uses will allow greater development intensity in the Village and the provision of more surface area for landscaping. 11 Enhance parking lot surfaces. The use of modular concrete pavers, and the use of brick or concrete bands to divide parking lot paving into small, interrelated segments should be used wherever possible. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Building Forms Provide for variety and diversity. An informal character and a sense of individuality are desired. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mere copies of generic building types which might be found anywhere. Step taller buildings back at upper levels. Building structures should not overwhelm adjacent pedestrian areas. Stepbacks on taller buildings allow the maintenance of a small scale character near street level. In cases where taller buildings do not negatively affect the visual appearance of a block area, the use of balconies and richer details may be considered in lieu of stepbacks. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Building Forms Utilize simple building forms. Simple building forms related to classic residential building shapes can establish a sense of timelessness and comfortably relate buildings to one another. Trendy and "look at me" design solutions are strongly discouraged. Break large buildings into smaller units. Separations between structures or recessed facade areas should be used to break large building masses into units similar in size to adjacent and nearby smaller lot development. 4 Maintain a relatively consistent building height along block faces. Village-scale streetscapes generally maintain an appearance of one and two story buildings which unifies the commercial areas and integrates the appearance of adjacent commercial and residential areas.COPY DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Roof Forms Emphasize the use of gable roofs with slopes of 7 in 12 or greater. Roof forms should be prominent, simply treated and used to integrate commercial and residential structures into a unified visual environment. Gable ends or elements which face the streets are encouraged. s Encourage the use of dormers in gable roofs. Dormers can add scale and interest to larger roof forms as well as provide additional occupied space within the roof form. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Roof Forms Emphasize wood and composition shingle roofs. Roofs within the Village need some sense of material and color continuity because of their visual prominence and the desire to integrate commercial and residential developments into a visually unified mixed use neighborhood. Textured roofs of similar materials and a medium to dark color range should be used to accomplish this goal. Exceptions: • Clay tile roofs are acceptable in Land Use District 5 and north along Roosevelt Street to Carlsbad Village Drive in order to promote an Hispanic character. • Metal roofs are acceptable in Land Use District 6. Avoid flat roofs. Flat roofs should be limited to minor areas which cannot be easily seen. ^^ Screen mechanical equipment from public view. Roof mounted mechanical equipment should be integrated into the roof form or screened from view with elements appropriate to the building's form and appearance. Ground mounted equipment should be screened with walls and landscaping. Avoid mansard roof forms. Facade elements made to appear as roofs are not appropriate to the desired Village character. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Building Facades Emphasize an informal architectural character. Building facades should be visually friendly and larger buildings should be non-symmetrical in composition. Design visual interest into all sides of buildings. Front and side facades facing streets or public access ways should receive special design attention. Other facades which are visible should also be visually pleasant. Utilize small individual windows except on commercial storefronts. Smaller punched window openings are appropriate to the Village character and will assist in emphasizing the larger commercial storefront windows. Proportions of -windows should generally be vertical. Strip ribbon windows as found on commercial office buildings are not appropriate. 4 Provide facade projections and recesses. Facade projections such as bay windows, planter boxes and roof overhangs as well as entry way recesses are elements which add richness to Village facades through the creation of shadows and the contrast between sunny and shady surfaces. Roof overhangs should be large enough to be a strong element of the design and supporting brackets, extended roof rafters or beams, and rich architectural detail are strongly encouraged. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual attention to commercial Give special design upper levels of structures. Special window trim, awnings, flower boxes and other details should be used to increase the visual attractiveness of upper levels and relate the businesses or residences more strongly to the street and public walkways. Building Facades Provide special treatment to entries for upper level uses. Recesses, paneled doors, side lights, awnings, carriage lights, planters, special signing and similar features should be used to make entries to upper level businesses or residences distinctive. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Tile, wood and metal ornament should be considered where appropriate to add richness and small scale detail to building facades. Examples include street numbers, accent spots or bands and art elements. Special treatment of gable ends such as shingles should be considered. Interesting projecting sign, planter box and flag display brackets may also be appropriate. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual g -C5 1 • "8 8 coauocoo f•*«it< > 14 Encourage architectural facades emphasizing a Hispanic character in Land Use District 5. Stucco walls, clay tile roofs, glazed tile trim and tile paving are encouraged. Planters and pot brackets should be generously used to provide for an abundance of flowering plants. Building Facades 15 Utilize light and neutral base colors. Generally muted color schemes will promote visual unity and allow awnings, window displays, signs and flower landscaping to be given proper emphasis. White, dark and brighter trim colors are all generally acceptable. 16 Limit the materials and color palette on any single building. Variety and diversity are encouraged in the Village but too much on any single building can be visually disruptive. The utilization of more than three surface materials or colors should only rarely be considered. -I DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual A + B + C =60%ofD Commercial Storefronts 1 Provide significant storefront glazing. A minimum of 60% of ground floor storefronts should be devoted to display windows and entries. Avoid large blank walls. Blank walls are disruptive to retail continuity. Where areas of blank walls adjacent to pedestrian areas are unavoidable, they should be treated with lattice work and landscaping or other elements such as art work to soften their impact. Encourage large window openings for restaurants. Sliding or fold back windows which provide large openings can do much to add interest to adjacent pedestrian areas while creating an outdoor dining feeling while seated inside. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Encourage the use of fabric awnings over storefront windows and entries. Awnings add color, pedestrian weather protection and special signing opportunities and should be provided wherever possible to establish a sense of continuity along the street frontage. Back lit awnings where the awning is treated as a large sign should not be used. Commercial Storefronts Encourage the use of dutch doors. Wood dutch doors where the upper panels may be separately opened in good weather serve to create a friendly shopping environment and strong connection between the shops and passing pedestrians. Utilize small paned windows. Divided pane windows used in storefront display windows, entry doors and transoms lend a traditional feel to shops and reinforce a Village character. Not all windows need to be treated in this way but enough along a block front should be to become a noticeable feature of the Village's storefronts. 8 Develop a total design concept. Facade designs should unify all design elements including upper level treatments and building signage. Emphasize display windows with special lighting. Special display lighting should be provided and the use of small pin lights should be strongly considered to frame display windows and provide a nighttime sparkle. Use of pin lights should also be considered to highlight interesting facade profiles or special elements such as balconies, cornices and similar features. DESIGN GUIDELINES City of Carlsbad Village Redevelopment-Master Plan and Design Manual Commercial Storefronts Provide frequent entries. Long storefronts should have multiple entries to preserve the small scale and character of the Village. 10 Limit the extent of entry openings. Entry openings should be limited to about 30% of the storefront width or about 8 feet whichever is larger to preserve display windows. Exceptions may be made for uses which open up all or most of the facade (e.g., bookstalls, produce markets). 11 Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. The presence of such security devices is inappropriate to the image and character of the Village. 12 Emphasize storefront entries. Entries should be recessed and designed to uniquely express the special quality of the store, merchandise or owner. Planters, small display windows, special lighting fixtures, textured paving, creative signing and similar features should be used. 13 Integrate fences and walls into the building design. Fences and walls, such as those surrounding trash areas and mechanical equipment, should appear to be a part of the building and not merely tacked on utilitarian elements. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Residential Locate residential units near front property lines and orient entries to the street. Residential units and entries oriented to the street can increase the sense of neighborhood and provide more private outdoor space at the rear of parcels. Provide front entry porches. Covered entry areas from small porches over entry doors to larger porches stretching across the width of the facade are one of the features which distinguish older, traditional residential areas in our cities. Porches provide a welcome sense of entry and give depth and richness to street front facades. Utilize simple color schemes. A neutral base color with white or a light color trim accented with the limited use of brighter colors would be appropriate to the scale and character of the neighborhood. The trim color should be used to link porches, windows, gable trim and other building details into a unified composition. In some cases, brighter base colors may be acceptable but only on very small residences or in limited areas. Encourage front entry gardens. Even small setbacks can be enhanced with shrubs and flowers to both bring visual pleasure to the occupants and contribute to the overall visual quality of the neighborhood. Provide windows looking out to the street. Windows related to the street can increase the feeling of neighborhood and enhance a sense of security. Unfriendly blank facades and high walls should be avoided. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Residential Provide decorative details to enrich facades including the following: • Decorative balustrades and column capitals or brackets on entry porches. • Decorative trim and brackets at gable ends and other roof overhangs • Decorative infill materials such as shingles at gable ends • Bay windows • Divided window panes • Projecting decorative window trim • Below window planter boxes • Attached lattice work to accommodate flowering plants and vines Elements of this type will add shade and shadow to facades to increase their interest while also providing the means to establish a subtle but rich uniqueness for each residence. Emphasize "Cottage" form, scale and character. The use of gable roofs, varied roof heights, dormers to provide additional usable space in attic areas, interesting details and an informal composition even on larger sites, will enhance the area's Village character and provide a visual relationship between residential and adjacent commercial buildings. COPY DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual 8 Emphasize an abundance of landscaping. Informal landscaping with trees, shrubs, ground cover, overhead trellises and especially flowering plants will enhance the overall character of the neighborhood, provide additional privacy between residences and allow each family to project their unique identity. Large areas of paving especially when visible from adjacent sidewalks are discouraged and front or side yard paved areas for vehicle parking are not appropriate. Residential Limit access drives to garages or surface parking areas. The minimization of paving along street frontages will allow the development of a richer landscaped environment. Driveways should be limited to a maximum of 10 feet in width except along alleys where 20 feet is acceptable. 10 Encourage detached garages which are subordinate in visual importance to the house itself. Garages and their entries should not be allowed to dominate the architectural character of a home or residential complex. They should be placed toward the rear of a parcel wherever possible. 11 Provide quality designed fences and walls. Open picket fences are encouraged along street frontages and perpendicular to streets in front yard areas. Other fences and walls should provide a positive visual appearance and depth of surface treatment provided by vertical posts, board and battens, lattice work or similar constructions. Chain link fences and solid concrete block walls are strongly discouraged. 12 Visually separate multi-family developments into smaller components. Multi-family complexes should be divided into elements which are compatible with nearby single family units by offsets in the building facade and other building elements. An overall appearance of vertical elements is desired over a horizontal character, and multiple entries oriented to the street are encouraged. DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Interim Conditions In District 4 along North State Street and District 6 along Tyler Street, existing automotive and industrial uses will remain for some time before being replaced by new construction conforming to the requirements of this Village Design Manual. Property owners are encouraged to improve the appearance of their properties during that interim period to reduce negative visual impacts which might discourage nearby property investments to improve the Village. Property owners and tenants may seek assistance from the Director of Housing and Redevelopment in planning and carrying out physical building improvements, perimeter fence changes and general landscape beautification. Add fabric awnings and planter boxes at windows and near entries. The shadow lines and color from these elements will soften the appearance of the utilitarian buildings while adding emphasis to main office entries. Add lattice work and landscaping to blank walls. Large blank walls which can be seen from the street should have simple lattice work attached to the wall to support flowering vines growing out of planters placed at their base.Plant fast growing and flowering vines along fences and walls. Vines supplemented by trees and other landscaping will soften the appearance of the fencing and screen views to functional on-site work and storage areas. Paint faded building facades. New paint in muted colors will give the buildings a fresh look while blending into the surrounding environment more successfully. City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN GUIDELINES 5 Separate parking areas from sidewalks with low walls and landscaping. This separation will assist in creating a positive edge to the street and sidewalk. Upgrade exterior lighting fixtures. Older industrial-type fixtures should be replaced with newer ones which are attractive in appearance and allow direct light for security purposes without glare. Minimize the visual impact of trash collection areas. Any trash areas and dumpsters which can be seen from the street should be relocated and screened. 8 Reduce the amount of paving adjacent to near the front property line. The use of landscaping or, if paving is absolutely necessary, modular concrete pavers will soften the appearance of building fronts and eliminate the sense of a broad expanse of paving across streets, sidewalks and building parcels. Parking or lots in front of buildings should be relocated or eliminated. Interim Conditions nage. The proliferation of secondary signs should be reduced and remaining signs reorganized or replaced to reduce overall visual clutter. Interior illuminated signs should be replaced with exterior illuminated ones appropriate to the desired Village character. City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN GUIDELINES DESIGN GUIDELINES City of Carlsbad Village Redevelopment Master Plan and Design Manual Applicability ManualMaster Plan. The standards set forth in this section of the Village Design Master Plan Manual and Design Manual apply to all properties within the Village Redevelopment Area. All new signs, replacement signs or modifications to existing signs must conform to these standards. Every applicant shall apply for and obtain a sign permit according to the procedures set forth in Chapter 7 of this Village Master Plan and Design Manual before any sign may be modified. Mandatory conformance with the standards set forth herein for signs within the Village Redevelopment Area shall be required whenever 1) a business ceases to exist for any reason; 2) the property/business is abandoned for a period of six (6) months or longer; or 3) there is a change in use or business. • The standards contained in this section take precedence over the requirements of Chapter 21.41 (Signs) of the Carlsbad Municipal Code for all matters directly addressed by this section. For all other matters and all other types of signs which are not specifically excluded from the Village Redevelopment Area, Chapter 21.41 of the Carlsbad Municipal Code shall be referenced for regulation purposes. • Many non-conforming signs exist within the Village Redevelopment Area and these signs can have an adverse impact on revitalization efforts within the area. Therefore, every effort will be made to encourage voluntary compliance with the standards set forth within this SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Regulations The following signs shall be permitted within the Village Redevelopment Area: Wall Signs Projecting Signs Fabric Awning Signs Banner Signs Neon Signs Marquee Signs Hanging Signs Window Signs Plaque Signs Restaurant Menu Signs Address Signs Tenant Directory Signs Monument or Ground Signs (limited) Pole Signs (limited) Freestanding Sidewalk Signs (public property) Freestanding Sign (private property) The following signs shall be prohibited within the Village Redevelopment Area: Interior Illuminated Boxed Display Signs (which are designed to be mounted on the exterior of a building. Changeable Letter Signs, except for marquee signs for cinemas or performing arts theatres. Off-Premises signage (including billboard signs and signs which are not located directly in front of a related businesses) Roof Signs (which are signs located on the top of any building that extend above the peak of the roofline). SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Regulations Each building/project in the Village ^™^^^^^^^^^^™ Redevelopment Area is allowed a total of 1.0 square foot of signage for each lineal foot of building frontage. All buildings will be allowed window signs, restaurant menu signs and address signs which meet the standards set forth herein. These type of signs will not be calculated in the total amount of signage permitted for each building. These signs may be provided in addition to the signs which are included within the 1.0 square foot/lineal foot of street frontage calculation. All signs shall be designed and installed in a manner which does not obscure or interfere with any official notice or public safety sign or device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols or characters in such a manner as to confuse pedestrian or vehicular traffic. In addition, all signs shall be located in a manner which does not cause an obstruction for pedestrians and/or cause sight distance problems for vehicles. For the purposes of calculating the amount of signage permitted for a building, "building frontage" shall mean the total width of the elevation of a building structure which fronts on one or more public streets or in which the main entrance exists; an alley shall not be a public street within this definition for sign calculations. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Wall Signs Wall signs are generally the most used type of business identification signing. Located on the face of buildings they are usually larger than other types of signage. The location of signs with respect to the character and detail of a building are extremely important. Use wall signs primarily to identify specific buildings or major tenants. • Wall signs are intended to be used primarily for identification of a specific building or major tenant. However, service and product information may be permitted if it can be provided on the sign and/or within the maximum sign area permitted. • The date of building construction is also permitted but should be smaller in size than the main wall sign. —l Allowable Area Wall signs should not exceed 1.0 square feet of sign area for each lineal front foot of building elevation. Limit wall signs to the following types: • Individual solid metal letters. • Individual internally illuminated letter. (Matte translucent Plexiglas faces and opaque dark metal sides). • Plaque signs mounted to the wall surface. • Exposed neon directly attached to the building face. • Individual letters painted directly onto the building face. (Not appropriate on frontages facing a public street.) SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Place wall signs within a clear Signable Area. Signable Areas should have the following characteristics: • An architecturally continuous wall surface uninterrupted by doors, windows or architectural detail. • Area does not exceed 15% of the building facade. Sign Guidelines Wall Signs Limit the size of signs within the Signable Area. • Maximum Area: 40% • Maximum Length: 2/3 • Maximum Height: 2/3 The letter height should generally be 18 inches or less. • Maximum Projection: 12 inches from wall face. 5 Discourage signs on walls not directly fronting on a public street. • Commercial signs seeking distant visibility from major streets are not appropriate to the desired Village character. • Signs at business entries serving the public and facing alleys or parking lots are appropriate but should be limited in size to 10 square feet. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Projecting Signs Projecting signs featuring simple information or uniquely designed ones with colors and icons can do a great deal to enhance the visual appearance of the Village and set it apart from other commercial areas in the City and region. They are strongly encouraged and should be carefully designed to reflect the character of each building and business as well as fit comfortably with other adjacent or nearby signage. These signs are affixed to the face of a building structure and project perpendicular to the structure. Allowable Area Six (6) square feet supporting brackets. each, excluding Relate the location of signs to the building on which they are attached. • Projecting signs should not generally be mounted above the second floor window sill in multi-storied buildings. In some cases, a higher mounting height is appropriate but the sign top, bottom and mounting should bear some relationship to the second floor windows. • Projecting signs should be oriented to pedestrians passing on the sidewalk in front of the building. Relate the design of projecting sign to the individual business and building. • Square or rectangular shapes with painted or applied letters and shapes are generally appropriate for any business. • Painted or applied logos or other shapes (e.g., a hanger for dry cleaners) can add special interest to otherwise flat surfaced projecting signs. • Projecting signs with irregular outlines and/or internal cut-outs should be considered. • Two or three dimensional icon signs related to specific businesses can add interest and a touch of humor to the shopping and business environment. The following are examples: • Unicycle for a bicycle shop. • Tooth for a dentist. • Eyeglass for an optometry shop. • Wok for a Chinese restaurant. • Boot for a shoe repair business. • Film projector for a video store. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Provide well designed mounting brackets. Simple round pipe brackets with plugged ends or added decorative end elements are generally appropriate for any signs. However, metal brackets of a more decorative and complex shape are encouraged where appropriate to the character of the sign and the buildings. In addition to adding to the uniqueness and visual character of the sign, they cast interesting shadows on wall surfaces and convey an impression of special concern for the appearance of the business. Sign Guidelines Projecting Signs Limit sign projections and mounting heights from the face of the buildings. • Projections of 36 inches are appropriate at a sidewalk. • Projections of 24 inches are appropriate at alleys and other locations. • Provide a minimum clearance of 12 inches between the building face and sign. • Vertical clearance of 8 feet should be provided along pedestrian areas. • Vertical clearance of 14 feet is needed at alleys, parking lots or other areas subject to vehicular traffic. Maintain a unity to the general size of projecting signs. Projecting signs, excluding supporting brackets, should fit within an imaginary rectangle with a maximum area of 6 square feet. Exceptions to this limitation may be considered for special signs utilizing shapes, symbols or icons uniquely suited to the business. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Awning Signs Awning signs add color to the Village shopping environment and are often more visible from passing automobiles and by pedestrians from the opposite side of the street, especially in circumstances where street trees partially obstruct wall signs. In addition they offer the potential for unique design applications to enrich the shopping environment in the Village. Awning signs are those signs which are printed on, painted on or attached to an awning or canopy above a business door or window. Also, in some cases, as determined by the Housing and Redevelopment Director pursuant to applicable sign regulations, an awning sign may be defined as an awning without any business information printed on, painted on or attached to it, if the awning serves as an attention-getting device on its own due to coloring, design, lighting or other architectural features. Allowable Area • Awning Valences 0.5 square feet for every lineal foot of valence length. • Awning Faces 10% of awning face area. • Awning Sides 40% of awning side area • For any awning which serves as a sign in itself, the entire awning will represent the sign for calculation purposes. In this case, the awning size may not exceed 1 square foot in size for each lineal foot of street frontage. Limit the size of lettering on awnings. • Awning valences (i.e., vertical faces) should not exceed 12 inches in height. • Letter height on valences should not exceed 8 inches. • Letters applied to the sloping awning face should be appropriate in the context of other building signs but should not generally exceed 18 inches in height. Keep logo and graphics on awning faces and sides modest in size. • Logos or symbols depicting the unique nature of a business are permitted. Minimize signing on upper level awnings. • Awning signs at windows above the ground floor are permitted. • Upper level awning signs are limited to the name of the business or generic description of products or services (e.g., tailor). • Awning valence and letter heights should be smaller than those on ground floor awnings. Awning Materials/Color/Lighting. • All awnings or canopies shall be made of a single solid color fabric. No vinyl or metal awnings will be permitted. Also, no stripes or other patterns will be permitted on the fabric of the awning. • No back lit awnings or canopies shall be permitted where the awning is treated as a large sign. Exterior lighting of awnings/canopies is permitted. • Awnings or canopies design shall compliment the design of the related building and shall not be permitted if they primarily serve as an attention-getting device. • All awning or canopies shall be consistent with the general design theme for the related building and shall be architecturally integrated with that building in both color and style. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Use banner signs sparingly. • Banner signs are allowed as a type of projecting sign at the discretion of the Housing and Redevelopment Director. • Applications for banner signs must be accompanied by a Replacement Plan consistent with the fabric manufacturer's and sign installation company's recommendations. • Banners are treated as Signable Area for the purposes of calculating the allowable size copy to be applied. • Limitations of sign copy including logos and other symbols within the banner area should comply with the wall sign guidelines. Relate banner signs to the building face to which they are attached. • Banners should be mounted perpendicular to the face of the facade. • Banners should be hung from projecting metal brackets of a size and design appropriate to the banner and the architectural character of the building. • Banner size, proportions and number should be appropriate to the building facade to which they are attached. Limit banner projections from the face of buildings. • Projections of 36 inches are appropriate at a sidewalk. • Projections of 24 inches are appropriate at alleys and other locations. • Vertical clearance of 10 feet should be provided along pedestrian areas. • Vertical clearance of 14 feet is needed at alleys, parking lots, or other areas subject to vehicular traffic. Banner Signs Banner signs can add liveliness to the shopping environment with their color and motion. They are generally of 4 types: • Advertising of the business name. • Advertising for the brand names (e.g., Sony) or generic products (e.g., records, antiques) sold within the shop. • Information on current special events (e.g., an art gallery exhibition of California Plein Air Paintings). • Color fabric banners with or without designs but with no advertising text. Allowable Area 0.5 square feet of banner area per foot of building frontage. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Neon Signs The use of neon signs fell out of favor and for a while they were felt to be too gaudy to be acceptable. However, in recent years, neon has come back into favor as communities have recognized its ties to the downtown's historic past and the liveliness which neon can add to the commercial environment. Allowable Area The maximum allowable sign area shall be based upon the sign size limits set forth within this Village Master Plan and Design Manual for the particular type of sign to be used with the neon (i.e., wallpr projecting sign).. Use neon signs sparingly. • Neon signs are allowed at discretion of the Housing Redevelopment Director. the and • Neon signs should be limited to retail and restaurant uses only. • Neon signs are allowed at the discretion of the Housing and Redevelopment Director for the following applications: • Wall Signs • Projecting Signs (on flat panels) • Window Signs • Marquee Signs Neon used as window signs should minimize the appearance of support materials. • Signs should be suspended from above. • Signs should be set back a minimum of 3 inches from the storefront glazing. • All ballasts, supporting mechanisms and other non-illuminated elements of the sign should be concealed from public view. • Neon window signs may be mounted on a transparent panel. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Limit marquee signs to special uses. • Marquee signs are allowed at the discretion of the Housing and Redevelopment Director. • Marquee signs should generally be used only for cinemas and performing arts facilities. Provide a minimum clearance of 10 feet above sidewalks and 14 feet above a vehicular right-of-way parking lot. Marquee Signs Marquee signs are generally not in keeping with a Village scale and character. However, certain types of uses have traditionally relied on marquee signs and marquees are an integral part of those facilities. It is important, however, to keep the marquees small and in scale with the overall character of the Village. Oa_e Limit the amount of sign copy. • Sign copy should include only the facility's name and changeable copy related to current and future attractions. • The changeable copy portions of the sign should not exceed 80% of the total sign area. • The facility name portion of the sign should not exceed 40% of the total sign area. Allowable Area The size of the approved Marquee Sign shall serve as the maximum signable area. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Hanging Signs Hanging Signs are similar to Projecting Signs except that they are suspended below a marquee or under an awning. As with Projecting Signs, they can be simple (e.g., store name on a single color background) or fanciful -with irregular outlines and multiple colors. In general, Hanging Signs will be smaller than Projecting Signs by virtue of their normally lower mounting height. Treat hanging signs similar to but smaller than projecting signs. • Hanging signs, excluding supporting rods, chains or similar hangers, should fit within an imaginary rectangle with a maximum area of 4 square feet. • Larger signs may be considered for special hanging signs utilizing shapes, symbols or icons uniquely suited to the business. • A variety of shapes and styles are acceptable. • Vertical clearances for pedestrian and vehicular traffic should be maintained. Allowable Area 4 square feet, excluding supporting brackets. Use hanging signs only at ground floor locations. Exceptions: • Upper floor covered entry porches and balconies. • Upper level private balconies. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Limit the type and amount of information placed on business windows. • Window sign copy should include only business name, address, hours of business, emergency telephone numbers, business tenant logos, generic products and brand names offered by the business. • Window sign area should not exceed 25% of any single window area. • Sign copy should not exceed 8 inches in height. • Sign copy under 2 inches in height should be counted in calculating percent of window coverage but need not be included in the maximum sign area allowance. • Window sign copy should be applied directly to glazed area. Use temporary window signs with care. • Temporary window signs are subject to approval by the Director of Housing and Redevelopment. • Temporary signs include: • Coming events posters • Video sales/rental advertisements • Special sales and promotion information • Temporary signs should not exceed a total of 25 % of any single glazed area or be placed on an entry door to a business tenant space. Sign Guidelines Use special window graphics to express the unique personality of a business. • Special window graphics are permitted at the discretion of the Design Review Board Housing and Redevelopment Director based upon the following criteria: > Signs effectively express the type of business located on the premise. > Signs relate positively to the character, scale and color of the building structure, awnings and other signage. > Signs contribute a special liveliness and interest to the Village without conflict with other adjacent businesses. • Business tenant logos and special graphics are counted in the calculation for maximum window coverage and total sign area. • Exposed neon is permitted at the discretion of the Housing and Redevelopment Director. Window Signs Window signs offer a variety of information to passing pedestrians. This type of signage generally contains only text but in special circumstances can express a special business personality through graphic logos or images combined with color. Allowable Area 10% of aggregate ground floor window area. Window signs are not included in the total calculation for the maximum amount of signage permitted on a building. This type of signage is allowed in addition to the maximum amount of signage permitted herein as long as it is consistent with the standards set forth within this section. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Plaque Signs Place plaque signs only on wall surfaces adjacent to tenant entries. Plaque signs are small versions of wall signs which are attached to surfaces adjacent to shop front entries. Generally they include the business name and often contain major products or services offered and hours of operation. They may include designs or other decoration and may be irregular in outline shape. Design plaque signs to fit within an imaginary rectangle with a maximum area of 2 square feet. Limit plaque sign projections from wall surfaces to a maximum of 2 inches. Allowable Area 2 square feet. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Address Signs Easy to see and read address signs can assist shoppers in locating businesses prior to parking. Likewise, legible residential addresses will help visitors locate the proper home. 1 Provide address signs on all commercial and residential buildings. • Address signs should be prominently displayed facing the public street. • Signs should include the street address number and may also include the street name. • Signs may be placed on awnings, doors, windows, transoms or on wall surfaces adjacent to business or residential entries. • Size, location, type style and the design of address signs should be appropriate to the character of the building. Allowable Area The maximum allowable sign area shall be at the discretion of the Housing and Redevelopment Director. Signs will not be included in maximum signage calculation. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Provide menu signs for all restaurants with sit-down dining. • Restaurant menu signs are not included in the calculation of maximum sign area. • Restaurant menu signs should incorporate an actual menu or reasonable facsimile thereof containing food served, prices for each item and other relevant information pertaining to service and pricing. • Signs should be prominently located near the restaurant entry or near the public sidewalk where entries are more than 10 feet from the sidewalk. • Restaurant menu signs should be appropriate in size, location and design to the character and architectural detail of the building as well as to the character of the restaurant. Restaurant Menu Signs Small commercial areas like the Village can flourish as restaurant centers. If a sufficient number of restaurants exist with a wide enough variety of food styles or ethnic identity, people will go to the Village with the idea that they will decide which restaurant to patronize after they get there. Prominently displayed menus with prices and other important information (e.g., credit cards accepted) can help to reinforce this pattern. While restaurant menus are often placed inside of a window adjacent to the entry, special menu display boxes offer the opportunity to create a more inviting atmosphere. Allowable Area 6 square feet (including menu sign case). SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Use Tenant Directory Signs only where they are really needed. • Tenant directory signs are allowed at the discretion of the Housing and Redevelopment Director. • Signs may be used for the following: • Buildings with business tenants located in courtyards separated from sidewalks adjacent to public streets. • Buildings with business tenants located above the ground floor level. 2 Minimize the size of Tenant Directory Signs. • Signs should be mounted flat against a solid wall or incorporated into a freestanding kiosk or sign located wholly on the property on which the tenants are located. • Sign copy may include the following: • Building or Project Name • Project Logo • Address • Business Tenant Names • Suite Numbers or Letters • Building name, project name or project logo should not exceed 4 inches. • All other sign copy should not exceed 2 inches in height. Provide signs with a strong visual quality. • Interesting frames and sign types are encouraged. • Changeable sign panels may be used so long as the changeable part consists of the entire name of a business and other related information such as suite number. Individual letter changeable signs should not be used. Minimize visual conflicts. • Signs shall not be placed in such a way as to interfere with pedestrian or vehicular sight lines as specified by the City. • Sign shall not be placed in such a way as to obstruct access to a public street, driveway, fire escape, handicapped access or obstructs free passage over any public right-of-way. Tenant Directory Signs Some buildings may have multiple tenants who do not have direct frontage on a public street. Buildings with upper floors and those with businesses located in off-street courtyards are two examples. Tenant directory signs which are intended to be read from passing automobiles are not appropriate in the Village context. However, pedestrian-oriented signs can be useful in locating a desired destination business. Allowable Area 15 square feet. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Monument or Ground Signs Monument or Ground signs are used where building complexes are separated from adjacent streets by substantial setbacks. They are generally of 4 types: • Identification Sien The identification of the project name and occasionally major tenants. • Identification Yard Sien Identification of business in a residential structure converted to commercial purposes and other uses setback from the sidewalk. • Vehicular Direction Sign Display of information relative to service entries and to parking lot entries and exits. • Service Station Price Sien Display of information relative to prices for gasoline or other services at a service station. Monument or ground signs should be used on a very limited basis. They are to be used only for properties which have constraints due to substantial setbacks from adjacent streets. No more than one (1) monument sign shall be permitted per property. One (1) additional ground sign may be permitted, at the discretion of the Housing and Redevelopment Director, for pedestrian or vehicular directional purposes only. Allowable Area • Identification Sign: 24 square feet • Identification Yard Sign: 6 square feet • Vehicular Direction Sign: 4 square feet • Service Station Sign: See standards noted herein. A monument or ground sign does not overhang public property. It is a sign which is supported by one or more columns, uprights, or braces in or upon the ground. The supports are all located outside of a building. Identification Signs- Vehicle- Oriented. Ground signs should be used primarily to identify uses which may be in the rear of a property, such as a parking lot, or to identify other facilities or major tenants which may be located behind the building which fronts on the street. The signs may also be used for uses which have substantial frontyard setbacks and have a need to direct traffic to the building location. These type of signs should be used for buildings where other allowed types of signage would not provide adequate identification. It is anticipated that this type of signage would only rarely be appropriate. • The maximum allowable sign area includes any surrounding frame materials. • The maximum sign height should not exceed 60 inches including any sign base. • Letter heights should not exceed 12 inches which provides for adequate letter recognition from a distance of 400 feet. • Sign text should be limited to the building or project name and the business address. Signage for the identification of multiple tenants would not generally be appropriate. • All signs should be exterior illuminated by fixtures designed to complement the appearance of the sign. • Sign materials shall be consistent with the structure and use. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Identification Yard Signs. • Identification signs will be allowed at the discretion of the Housing and Redevelopment Director for residential structures converted to commercial use and for uses setback from the sidewalk at least 15 feet. • Signs may be ground mounted on double supports. • Sign, excluding supports, may not exceed 6 square feet. • Signs should not exceed 6 feet in height, including supports. • Letter height should not exceed 4 inches. • Exterior illuminated fixtures must be designed to compliment the appearance of the sign. Monument/Ground Signs Vehicular Directional Signs Vehicular Directional Signs will be allowed at the discretion of the Housing and Redevelopment Director following consultation with the City's Traffic Engineer. Signs should not exceed 30 inches in height, and the signable area should be limited to a total area, excluding supports, of 4 square feet. Only letter type and directional arrow information should be provided on the sign. Other information, such as a business name, should occur only in cases where driver confusion would result without such information. Vehicular Directional Signs should be limited to a single letter and arrow color on a single background color. Generally, letter colors should be light and background colors dark unless specific on-site conditions would compromise the readability of the information. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Service Station Price Sign • The sign shall display only the minimum information required by Chapter 8.49 of the Carlsbad Municipal Code and by Article 12 of Chapter 14 of Division 5 of the State Business and Professions Code commencing with Section 13530. • The sign may be double faced and monument in style or attached to an existing pole sign located on the site; no new sign poles permitted. • The sign shall be placed ten (10) feet from the face of the curb of the street. For corner lots, no sign over 30" in height shall be permitted in the triangular area created by the intersection of the two property lines along the street and 2 points twenty-five (25) feet behind each back of the curb return. • Monument signs shall be located so as not to impede vehicular site distance to the satisfaction of the Traffic Engineer. • See Sign Ordinance, Chapter 21.44.074(b) of the Carlsbad Municipal Code, Zoning Ordinance for additional standards related to these signs. • On an existing pole sign, the sign area, excluding the supports, may not exceed 12 square feet. For a monument sign (price only), the sign area, excluding the supports, shall not exceed 16 square feet. If a combination identification and price sign is used for a single service station and no other freestanding sign is located on the property, the maximum sign area for the combined sign, excluding supports, shall not exceed 48 square feet with a maximum height of 6 feet. • Service station price signs shall be permitted to use changeable letters and numbers for the purposes of advertising service station gas prices. The size of the letters and numbers, color and font shall be consistent with the balance of the sign design. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Pole Signs Pole Signs shall be defined as a sign that is free standing, greater than five feet in height, and wholly supported by one or more vertical supports in the ground. The sign may or may not be an integral part of one or more buildings. New Pole Signs shall be prohibited except for: A. Situations where the sign applicant makes a strong showing that a proposed pole sign is the only effective option for adequately identifying the premises; B. Gas/service stations located immediately adjacent to Interstate 5; such land uses shall be permitted to install one pole sign which shall be subject to the standards set forth herein. The following standards shall apply to gas/service stations located immediately adjacent to Interstate 5 only: 1. Maximum Number of Signs: 1 per site 2. Maximum Sign Area: 1 square foot per 1 lineal foot of building frontage, or 50 square feet whichever is less. 3. Maximum Sign/Letter Height: 35 feet above average grade; 36 inch letters. The following standards shall apply to all other business types or commercial developments within the Village Area: 1. Maximum Number of Signs: 1 per individual business or commercial development site. 2. An individual business with a pole sign will not be permitted to also have a free-standing, portable sign either on private or public property, or a monument sign. 3. The pole sign shall be located entirely on private property. It may not overhang the public right- of-way at any point. 4. The base of the pole sign must be located at least 10 feet from the face of the curb and must be located within a landscape area or planter (on private property) for pedestrian safety reasons. 5. The pole sign may not exceed the height of the roofline of the business or adjacent buildings and in no circumstance be taller than 10 feet in height from ground to top of sign. 6. The maximum sign area for the pole sign shall be no greater than 1 square foot per 1 lineal foot of building frontage, or 30 square feet in size, whichever is less. The maximum allowable sign area includes any surrounding frame materials, but excludes all pole or base. 7. Letter heights shall not exceed 12 inches. 8. Sign materials shall be consistent with the structure and use of the advertised business or commercial center. The sign shall be exteriorly illuminated by fixtures designed to compliment the appearance of the sign. The sign may not be an internally illuminated sign. 9. Existing, non-conforming pole signs with approved sign permits may continue to exist subject to the regulations for non- conforming signs and set forth within this document and subject to the requirement that there shall be no more than 1 pole sign per center or individual business building. New pole signs or existing pole signs without approved permits shall be required to comply with the regulations set forth herein. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Guidelines Sidewalk or Freestanding Signs These signs are designed to stand on their own either on public or private property. Freestanding signs will be allowed on public sidewalks within the Village Redevelopment Area only 1) for as long as the Housing—and Redevelopment Commission City Council allows them to remain; an annual review of the regulations and their applicability will be conducted by the CommissionCitv Council: and 2) for as long as the subject sign meets the standards outlined herein; and 3) if the appropriate permit is obtained from the Housing and Redevelopment Director. The Sidewalk or A-Frame sign may be an H-Frame, a Vertical Cut-Out or a standard A-Frame sign with a sturdy, secure outdoor base, or a similar vertical, freestanding sign with an outdoor base (see examples). The cut-outs may be any shape (incl. Square or rectangular). Each business within the Village Redevelopment Area shall be permitted to have one (1) sidewalk or freestanding sign, except where a business is located within a business arcade or courtyard area. A business arcade or courtyard area will be allowed only one (1) "tenant directory" sidewalk sign which lists all of the businesses within the arcade or courtyard. Each single business within an arcade or courtyard is not allowed to have an individual sidewalk sign. Allowable Area Maximum Size: 3 feet wide by 5 feet high. A maximum of two (2) faces per sign. Sign faces shall be back to back. Changeable Text Areas should occupy no more than 50% of the sign face. The sidewalk/free standing sign shall not count as part of the total signage permitted for a given building or business. This type of signage is allowed in addition to the maximum amount of signage permitted herein as long as it is consistent with the standards set forth within this section. Standards 1. No paper or non-rigid changeable areas are acceptable. 2. The sign shall be made of durable material such as medium density overlay plywood or similar wood-like material which can withstand the weather. No glass, breakable materials or illumination shall be allowed. Every sign and all parts, portions, and materials shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations and the Uniform Building Code. 3. The sign shall be produced in a manner which is professional in quality such as that demonstrated by an experienced business sign maker. 4. The sign shall be displayed during business hours only. Signs shall not remain on the sidewalk during non- business hours. 5. The sign must be self-supporting, stable and weighted or constructed to withstand overturning by wind or contact. The sign shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, trees, or any merchandise or products displayed outside permanent buildings. 6. Every sign and all parts, portions and materials shall be kept in good repair. The signs shall be stable. The display surface shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within thirty (30) days following notification by SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual the City. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual &r-L_Every sign shall have a smooth surface, free of protruding tacks, nails and/or wires. The following standards apply specifically to signs placed within the public right-of- way: 1. No sign shall be placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City. 2. No sign shall be placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way. 3. A clear area of at least five feet in width should be maintained for pedestrian use over the entire length of the sidewalk in front of the business. ?r-6. Applicant for a Sidewalk Sign Permit must sign an Indemnification Statement holding the City of Carlsbad and—the—Carlsbad—Redevelopment Agency harmless from any legal action resulting from placement of the sign on the public sidewalk. 7. Insurance shall be required naming the City of Carlsbad and—Carlsbad Redevelopment Agency as additionally insured. The amount of the insurance required shall be established by the Risk Manager for the City. A Certificate of Insurance must be submitted to the City/Agency and remain in effect for as long as the Sidewalk Sign remains in the public right-of-way. 8. All existing building signage for a business must conform to the sign standards set forth within this document before a permit will be approved for the sidewalk sign. Sign Guidelines 5. Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not simulate in color or design a traffic sign or signal, or make use of words, symbols or characters in such a manner as may confuse pedestrian or vehicular traffic. Signs shall be located directly in front of the building/business to which they relate. SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual Sign Demonstration Figure 15 provides an illustration shows one example of signage alternatives applied to a commercial facade. Utilization of all of the signage would probably be inappropriate and exceed the sign area permitted. However, Figure 15 provides examples of the types of sign and locations permitted for placement. Sign types and sizes should be chosen to enhance the image of the business, the scale of the facade and the character of the Village SIGNAGE City of Carlsbad Village Redevelopment Master Plan and Design Manual 6 BARKING PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Village Parking Plan PARKING within the Village Redevelopment Area has long been considered a constraint in the revitalization of Carlsbad Village because of the difficulties in accommodating parking requirements on the small parcels throughout the area. This condition substantially inhibits creative and desirable building use changes, expansion of successful businesses and the redevelopment of properties to more appropriate uses or rebuilding. Give the relatively high land costs, small properties have just not been able to generate enough revenue producing space and still accommodate the required parking. In general, the basic parking requirements are reasonable based on parking demand for various land uses. However, the Redevelopment Agency has- initially determined, and the City Council reaffirmed the determinations, that options need to be available to developers/property owners for meeting the on-site parking requirementsJn the Village. The primary purpose of this parking place- plan is to use parking policies and standards as tools to achieve Village revitalization. The objectives of the parking plan are as follows: 1. To establish parking requirements and options to providing parking that are an incentive for new investment hi the Village. 2. Increase the utility of existing parking resources and the overall supply of parking as needed to accommodate relocated and newly-recruited businesses and new customers. 3. Control the design and configuration of parking facilities to promote a storefront shopping environment. Unless otherwise specified within this Village Master Plan and Design Manual, the parking standard set forth within this Chapter shall apply to all properties within the Village Redevelopment Area for the applicable land use. Chapter 21.44 (parking) of the Carlsbad Municipal Code shall be referenced for regulation purposes only on matters which are not specifically addressed within this Chapter of the Village Master Plan and Design Manual. Minimum Parking Requirements The parking standards for on-site parking for the properties located within the Village Redevelopment Area are set forth hi the charts which follow this page. The requirements set forth within the following charts reflect the shared trip and high turnover characteristics or parking in a neighborhood-oriented commercial district, such as the Village Redevelopment Area. The applicant may satisfy the parking obligation by providing the parking on-site or by receiving approval to implement one or more of the optionsjioted in the "Parking Options" section of this Chapter, provided, however, that the in-lieu fee option shall only be permitted for those properties located east of the AT&SF Railroad right-of-way. Converting Use Space may be converted from one approved use to another approved use without additional parking provided both uses have the same parking requirements according to the parking requirements set forth within this Chapter of the Village Master Plan and Design Manual. If the new use has a higher parking requirement than the existing use, additional parking must be provided. A credit for parking for any existing commercial use will be considered on a case- by-case basis. The applicant for a change in use must refer to Chapter 7 of this Village Master Plan and Design Manual to determine if a redevelopment permit village review permit is required for the subject to use conversions. The project may either be exempt from a redevelopment special review permit or require an administrative redevelopment village review permit. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Village Parking Requirement Tables Retail Business Commercial (General) Includes ATMs, copying/duplicating services, word processing services, dry cleaners, laundromat, beauty and barber shops, cosmetic services, nail salons, shoe/garment repair, travel agent, etc. Automotive services Includes painting/detailing, service/repair, towing, gas/service station with bays, gas/service stations with mini-mart, car wash, etc. Child Care Center Professional Care Facility Self-Improvement Services Includes aerobic/exercise studio, business and professional schools, dance and music studio/school, health spa, and martial arts studio. Fast Food Restaurant (large and small) with seating inside or outside Quick Stop Food Includes coffee house, tea rooms, convenience store, self-service restaurant, take-out food establishment. Sidewalk Carte (on public property) Restaurant (with or without entertainment) Outdoor Cafe (on private property) 1 space per 300 square feet of gross floor space. 1 space per 300 square feet of gross floor space. 4 spaces per work bay through 3 bays and 2 spaces per bay in excess of 3. Work bays do not count as parking spaces. If no work bays, 1 space per 300 square feet of gross floor space, excluding gas pumps. 1 space per employee plus a minimum of 1 space per 10 children. .45 parking spaces per every bed. 1 space per 200 square feet of gross floor space. 1 space per 200 square feet of gross floor space. 1 space per 200 square feet of gross floor space. No additional parking required. 1 space per 100 sq.ft. of gross floor space for facilities less than 4000 sq.ft., for facilities larger than 4000 sq.ft. 40 spaces plus 1 space per 50 sq.ft., of gross floor space in excess of 4000 sq.ft. No additional parking required if outdoor seating is equal to or less than amount of indoor seating; 1 space per 100 sq.ft. of gross floor space for outdoor seating area which exceeds amount of indoor seating. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Village Parking Requirement Tables (Cont'd) Microbrewery Amusement Games Arcade Includes video games, pinball machines, other mechanical and electronic amusement devices. Bar/Cocktail Lounge Cinema Cultural Facilities Night Club Pool Hall/Billiard Parlor Sports Entertainment Uses Professional Office: Includes business and medical offices. Financial Institutions Including banks, savings and loans, and credit unions. Bed and Breakfast Inns Hotel/Motel Single Family Dwellings Multi-Family Dwellings If incidental to a restaurant use, 1 space per 300 sq.ft., of gross floor space. If sole use, 1 space per 50 sq.ft., of gross floor space. 1 space per 100 sq.ft., of gross floor space. 1 space per 50 sq.ft., of gross floor space. 1 space per each 5 seats. Museums: 1 space per 500 sq.ft., of gross floor space. Performing Arts: 1 space per 5 seats or 1 space per 100 sq.ft., of assembly area, whichever is greater. 1 space per 50 sq.ft., of gross floor space. 1 space per table. Bowling Alley: 1 space per 6 lanes. Ice/Roller Rink: 1 space per 200 sq.ft., of gross floor space. Swim Clubs: 1 space per 35 sq.ft., of pool area. Tennis Clubs: 3 spaces per court. 1 space per 300 sq.ft., of gross floor space. 1 space per 250 sq.ft., of gross floor space. 2 spaces (including 1 covered) for owner's unit plus 1 space per guest room. 1.2 spaces per room. 2 car garage. Condominiums: 2 standard spaces per unit with 1 being covered (exception 1.5 spaces per unit for studios with 1 being covered). Guest Parking: .5 spaces per unit up to 10 and .3 spaces per unit in excess of 10. Apartments: 1.5 spaces per unit for studio and 1 bedroom; 2 spaces per unit for 2 bedroom or more. Guest Parking: .5 spaces for each unit up to 10 and .25 spaces per unit in excess of 10. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Application of Parking Requirements The parking requirements set forth on the previous pages shall apply to all projects within the Village | Redevelopment Area. When the parking requirement is not specified herein, it shall be determined as provided in Chapter 21.44 based upon requirements for the most comparable use specified herein or in Chapter 21.44 of the Carlsbad Municipal Code. If Chapter 21.44 allows the Planning Director to make the determination, the Housing and Redevelopment Director shall be authorized to make the determination for | projects within the Village Redevelopment Area. Mixed Use Parking Ratios may be used for calculating the on-site parking requirements for a project within the Village Redevelopment Area if, and when, there are clearly identifiable service or business areas within a building which justify the mixed parking ratio. No administrative or regular redevelopment village special review permit may be granted, however, unless the decision maker finds that use of the mixed parking ratio will not have an adverse parking impact on surrounding land uses. A maximum of forty percent (40%) of the total number of parking spaces provided on-site may be constructed to meet the requirements of a small or compact vehicle, as defined in the Carlsbad Municipal Code. Parking space credit for square footage of any existing commercial (or non-residential) building on site towards the new commercial development parking requirement in all Land Use Districts of the Village Redevelopment Area will be considered on a case-by-case basis as a possible standards modification. The applicable commercial parking space credit may be based on the commercial use of the building at the time of redevelopment village special review permit application. Residential development must provide its parking on site. No parking credit will be given for existing residential units on a site. Parking based on square footage will be calculated according to net square footage of floor space rather than gross square footage. Net square footage means that area which remains after square footage of spaces that do not generate parking demand are removed from the calculation of total square footage of floor space of a building. Spaces which do not generate parking demand include, but are not limited to, restrooms, stairwells, elevators, walkways, and similar space. All development will be allowed to use creative parking alternatives such as parking lifts and/or elevators on a case-by-case basis, with facility recommendation of approval by the City's Fire Chief and Public Works Director, and final approval by the decision-making authority. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking Options parking arrangement with the bank. Providing required parking on-site is not the only option available for meeting the parking requirements set forth in this Chapter of the Village Master Plan and Design Manual. The following options are also available: 1. Lease arrangements for providing joint or shared parking in existing or new parking lots for one or more developments may be permitted on a case by case basis. Chapter 21.44 of the Carlsbad Municipal Code outlines the conditions under which a joint/shared parking arrangement may be permitted by the Redevelopment AgcncyCity for two or more development projects, or businesses, within the Village Redevelopment Area. In the Village Redevelopment Area, however, shared parking arrangements may be permitted with distances of 300 feet between the parking and the subject developments/businesses requiring the parking. This is an exception to the regulations outlined in Chapter 21.44 of the Municipal Code for projects located within the Village Redevelopment Area only. The Housing and Redevelopment Director must evaluate the feasibility of a joint/shared parking arrangement between private parties and then make a recommendation to the Design Review Board Planning Commission for consideration of approval. If the Design Review DoardPlanning Commission does not have final approving authority, the Board must then make a recommendation to the Housing and Redevelopment CommissionCity Council as to whether or not the parking arrangement should ultimately be approved to assist in the subject development. Banks are an example of a type of business that has an on-site parking lot which may be underutilized during the evenings and weekends. A restaurant which is open only evenings and weekends may be able to receive approval for a joint/shared 2. Provision of parking for a specific development or business on another private lot within at least 300 feet of the subject development or business. Under this option, a developer or business owner may purchase additional property, or enter into a long term lease for additional property, within 300 feet of the property for the subject new development or business and meet the required on- site parking on this separate property. This option may be used by several businesses or developers to meet individual parking requirements. One or more developers/business owners could arrange to provide parking for their individual developments or businesses in a central location within 300 feet of each development or business. All of the developers/business would be responsible for on-going maintenance of the joint/shared parking lot. The Housing and Redevelopment Director must evaluate the feasibility of this type of a joint/shared parking arrangement between private parties and then make a recommendation to the Design Review BeafdPlanning CommissionPlanning Commission for consideration of approval. If the Design Review Board Planning Commission does not have final approving authority, the Board must then make a recommendation to the Housing—and—Redevelopment CommissionCitv Council as to whether or not the parking arrangement should ultimately be approved to assist in the subject development. This option would be similar to a parking district which assesses property owners for the provision of parking for customers or patrons to the area. 3. In-Lieu Fee may be paid toward maintenance of existing, or development of future, public parking facilities for properties in areas of the Village Redevelopment Area which are located PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual in areas of the Village Redevelopment Area which are located east of the AT&SF railroad right-of-way. An in-lieu fee parking program shall only be permitted in the remaining redevelopment area west of the railroad right-of-way when it can be demonstrated that 1) a bonafide fee has been established to implement such a program; 2) specific sites have been identified where parking facilities will be constructed; and 3) detailed criteria and procedures have been established for the annual assessment of parking utilization subject to the completion of a parking study or other technical information. The broader program must be first reviewed and approved by the Coastal Commission as a separate LCP Amendment for all areas of the Village west of the AT&SF railroad right-of-way. City of Carlsbad Village Redevelopment Master Plan and Design Manual PARKING PROGRAM Parking In-Lieu Fee Program The In-lieu Impact districts within -Fee Program pools fees for all the Village to support the development and maintenance of public parking. Fees are based upon a determination of the estimated cost of providing an above ground structured parking space, including land, construction, soft costs and maintenance. The In-lieu Fee payment will always be made for a whole parking space. Fees collected will be deposited into an earmarked, interest-bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Redevelopment Area. The funds are pooled because all of the land use districts within the Village share a common trade area and all are part of a coordinated revitalization strategy. A public parking facility which may have direct benefit for one district will have indirect benefits for other districts and for the Village as a whole. Two aspects of the In-lieu Fee Program are essential to understand: 1. The funds are put toward development, or maintenance, of shared Village public parking facilities. They do not result in a reserved parking space or spaces for those who pay the fees. Reserved parking conflicts with the objective of maximizing the utility of all parking resources. 2. In-Lieu fees alone are not likely to equal the entire cost of new parking facilities on a per space basis. They will need to be matched or leveraged with other funding sources. Because they are intended to function as an incentive, in-lieu fees are not expected to cover the cost of remedying existing parking deficits. In-lieu fees will also reflect the fact that public parking will be shared resulting in better utilization and relatively lower costs in PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual comparison to the cost of exclusive on-site private parking. For the purposes of determining participation in the Village Parking In-Lieu Fee Program, the Village is hereby divided into two (2) parking zones as shown on Figure 16. Developers/property owners will be eligible to participate in the program according to the parking zone in which they are located and if the following findings can be made. No redevelopment village review permit will be issued with approval to participate-in the in-lieu fee program, unless the appropriate decision-maker finds that: 1. The project is consistent with the goals and objectives of the Village Master Plan and Design Manual- and 2. The use is consistent with the land use district in which the property is located; and 3. Adequate public parking is available within the Village to accommodate the project's parking demand; and 4. The In-Lieu Fee Program has not been suspended or terminated by the Houaing and RcdcvclopmGnt Commioaion City Council. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking Zones Figure 16 identifies the zones for the In-lieu Fee Parking Program. The participation restrictions outlined below correspond to the appropriate zone number. ZONE NO. 1 Developers/property owners within this zone may be allowed to make an In-lieu Fee payment for up to one hundred percent (100%) of the on-site parking requirement for the proposed new development, conversion and/or intensification of use if the property is located within 600 feet of an existing public parking facility. (See Figure 17 for existing public parking facility locations.) If the property is not located within 600 feet of an existing public parking facility but a new facility is proposed to be constructed within a period not to exceed three (3) years, a developer/ property owner will be eligible to make an in-lieu fee payment for up to 100% of the on-site parking requirement. If the property is not, and will not soon be, located within 600 feet of an existing or proposed public parking facility, a developer/property owner will be eligible to make an in-lieu fee payment for a maximum of 50% of the on-site parking requirement. ZONE NO. 2 Developers/property owners within this zone may be allowed to make an In-lieu Fee payment for up to fifty percent (50%) of the on-site parking requirement for the proposed new development, conversion and/or intensification of use if the property is located within 600 feet of an existing public parking facility. (See Figure 17 for existing public parking facility locations.) If the property is not located within 600 feet of an existing public parking facility but a new facility is proposed to be constructed and available for use within a period not to exceed three (3) years, a developer/ property owner will be eligible to make an in-lieu fee payment for up to 50% of the on-site parking requirement. If the property is not, and will not soon be, located within 600 feet of an existing or proposed public parking facility, a developer/ property owner will be eligible to make an in-lieu fee payment for a maximum of 25% of the on-site parking requirement. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Public Parking Resource Management In order to manage the existing public parking resources for the In-lieu Fee Program and ensure timely construction of new public parking facilities, the Housing and Redevelopment Department shall conduct a Village Parking Utilization Survey. The Housing and Redevelopment Department may conduct the survey at any time when deemed appropriate and/or necessary to ensure the timely construction of new public parking facilities and continuation of the In-Lieu Fee Program; this may be on an annual basis or several times a year. Upon reviewing the survey results, if the Department finds that there are insufficient public parking resources to accommodate additional requests from developers/property owners to make an In-lieu Fee payment for on-site parking in either zone, the Department shall recommend to the Houoing—a«4 Redevelopment—CommiaaionCity Council that this policy be temporarily suspended until additional parking capacity has been provided or is sufficiently committed to ensure the timely development of additional public parking facilities. resources available to continue participation in the program. to allow By annually reviewing the status of the In-lieu Fee Program and plans for expanding and/or constructing new public parking facilities as appropriate, the Houaing aa4 Redevelopment CommipoionCity Council will ensure that implementation of this parking program/option will not have a significant adverse impact on public parking resources within the Village Redevelopment Area. As necessary and on a case-by-case basis, the | Houoing—aft4—Rodcvo 1 opmcnt—CommisaionCity Council shall determine the appropriate public parking utilization ratio to be considered in determining whether or not there are adequate public parking PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Setting the Parking In-lieu Fee of the on-site parking requirement which can be satisfied through payment of a parking in-lieu fee. The methodology for determining the In-lieu Fee Parking Fee and the respective amount of the fee shall be fixed by a schedule adopted, from time to time, by resolution of the Houoing aad- Redevelopment ComminaionCity Council-; in accordance—with—fefee—Housing—etad—Redevelopment Commiooion Policies and Procedures Manual. The fee shall be set at a given percentage of the total cost of providing a single above ground structured public parking space; the percentage shall be set by the Houaing—au4—Redevelopment CommisaionCity Council as part of the "method" for determining the fee. This percentage shall recognize the fact that the in-lieu fees will need to be matched or leveraged in order to produce public parking for the Village and that public parking will be jointly used by developers paying the In-lieu Fee. The fee is not expected to cover the entire cost of providing a single space of public parking. The fees will be pooled and matched/Ieveraged to produce additional parking facilities. For more dotaila on the methodology to bo uacd for ootabliahing — fehe — §ee — §er — fefee — program, — rof crcnco should — fee — made — fee — fefee — Houaing Redevelopment CommiasionCity Council- Manual . Policies—and—Procedures o Parking Zones for In-Lieu Fee Program Figure 16 provides a map which sets forth the boundaries for the two (2) zones for the In-Lieu Fee Parking Program. The participation restrictions outlined in the previous pages correspond to the zone number indicated on the following map shown in Figure 16. Figure 17 provides a map of the various public parking lots which are located within the Village Redevelopment Area. As outlined in the previous pages on the In- Lieu Fee Program, the location of the public parking lots is used to determine the percentage PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Public Parking Resources A 5155 Spaces B 5655 Spaces €—50 Spaces D 7778 Spaces E 39 Spaces F 3343 Spaces G 2926 Spaces H 30 Spaces I 1512 Spaces J 150469 Spaces (NCTD Property) PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Parking Management Plan A common problem within downtown areas is that of merchant and employee utilization of prime customer parking. In the Village Redevelopment Area, -fetee—Redevelopment—Agency will—implement—two (2) programs for parking management purposes will be implemented. First, in the core downtown area (see Figure 18 for the boundaries), all on-street parking will be limited to three (3) hours maximum (no less), unless a street or portion of the street has already been posted as a "no parking area" such as Carlsbad Village Drive or has a more restrictive time constraint. If not already posted, the Redevelopment—Agency—City Council will work with the City's Traffic Commission and City Traffic Engineer to approve the three (3) hour parking restriction and the appropriate signs in accordance with the policy of so restricting traffic in the areas indicated on Figure 18. 3*ie Agency—will—work—with—febe— The City's Police Department will be 'responsible for enforcement of the three (3) hour parking restriction. All public parking lots within the core downtown area shall remain with unlimited parking - no time restrictions, unless a determination is made by the City Council that a public parking lot requires time limits for parking management purposes. The lots will be available for merchants/employees in the Village who need all day parking and/or customers who will be in the area for longer than three (3) hours. Second, in all areas of the Village, febe Redevelopment—Agency—will—work—with—febe—Village Buoincoo Aoaocicttion fee oatablioh a program doaigncd fee encourage merchants and their employees to use non-prime parking in an effort to make the prime parking available to customers of all businesses in a given area. If efforts to gain voluntary compliance are unsuccessful, -febe—Agency will—work with—the Village 'Buoinooa—Aoaooiation to catabliah a Parking Management Plan may be established which may be much more aggressive and tailored to specific downtown problems. The compliance measures for the Plan could range from employee parking stickers, to license plate checks and fines. Parking Improvements Parking improvements within the Village Redevelopment—Area shall reflect the following policies: 1. Improvements should enhance both real and perceived supply of parking. 2. Shared lot arrangements should be established or facilitated wherever possible. Most areas within the Village do not have a supply problem as much as a utility and distribution problem. 3. To minimize visual impacts and disruption of commercial frontages, new lots should be constructed off the main thoroughfares. They should be distributed throughout the Village, rather than concentrated in a single location. They should incorporate attractive design features and landscaping that complements the image of the Village. 4. Parking structures should be used when parking opportunities are constrained by land availability or negative impacts on adjacent commercial or residential fabric. If located on a thoroughfare, they should always include first floor commercial uses. The map provided in Figure 18 indicates the boundaries of the area for three (3) hour parking restrictions with the Village Redevelopment—Area. As shown on the map, the three (3) hour parking restrictions shall be limited to the core downtown area. All on-street parking within area identified in PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual Figure 18 will be restricted to three (3) hour parking, with approval of the appropriate ordinance by the City Council as recommended by the Traffic Commission. The three (3) hour parking restriction will not apply to public parking lots within the boundaries of the time- restricted parking area, unless the City Council determines that short term parking is required within a off- street public parking lot for parking management purposes, and/or to parking meters. PARKING PROGRAM City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual Redevelopment Village Review Permits Administrative Responsibilities The Housing and Redevelopment Director shall have the responsibility for the administration of the Redevelopment Village Review Permit process. The Director's duties include, but are not limited to, the following: 1. Reviewing applications and making a determination of completeness for processing purposes; 2. Making project exempt determinations as related to permit requirements or identifying the type of redevelopment review/coastal development permit required, if project is not exempt; 3. Maintaining records of project exempt determinations as related to requirements for r cdcvo 1 opmont village review or coastal development permits; 4. Approval or denial of administrative permits and administrative variances; 5. Referral of non-administrative permits to the Doaign—Review—Board— Planning Commission and Houning a«el Redevelopment Commiaoion City Council, as appropriate; and 6. Physical preparation and delivery of the approving documents and permits related to the subject project. Staff of the Housing and Redevelopment Depart- ment, acting under the supervision of the Housing and Redevelopment Director, shall be responsible for coordinating all activities leading to the approval, conditional approval, or denial of Redevelopment— Revi ew Permi t s. Such activities may include, but are not limited to, document processing, report writing, scheduling or Doaign Review Board Planning Commission and Housing and Redevelopment—Commiaoion—City Council public meetings and hearings, and preparation of recommendations, meeting minutes and resolutions. General Policy Due to the complexity of overlapping areas of authority, the permit process for the Village Redevelopment Area has been designed to address 1) the goals and objectives for the Village Redevelopment Area as a whole; and 2) the goals and objectives of the Coastal Commission for the portion—segment of the Village Redevelopment) Area which lies within the Coastal Zone Boundaries. The permit structure which is summarized on the following page combines the permit requirements for the redevelopment— Village area and the coastal zone. Unless a project is exempt from the permit requirements noted herein and set forth in Chapter 21.35 of the Carlsbad Municipal Code, a redevelopment review permit is required. If the property for the subject project is also located hi the Coastal Zone, a coastal development permit is required in addition to the redevelopment village review permit, unless the project is exempt as noted herein and set forth in Chapter 21.81 of the Carlsbad Municipal Code. For all projects approved prior to July 21. 2009 in the Village Area, the discretionary land use permit shall be known as and continued to be referred to as a "Village Redevelopment Permit". All new permits issued shall be known as "Village Review Permits". The processing of amendments to previously approved Village Redevelopment Permits shall be the same as the rocess set forth herein for Village Review Permits. City of Carlsbad Village Redevelopment Master Plan and Design Manual Exempt Projects Projects in the Village Redevelopment Area which are exempt from Coastal Development Permits, per the Coastal Commission Act, are also exempt from Redevelopment Village Review Permit requirements. Administrative Projects Projects which are eligible for an administrative Village redevelopment— Review permit are also eligible for an administrative coastal development permit? City of Carlsbad Village Redevelopment Master Plan and Design Manual Minor or Major Redevelopment Village Development Projects For projects within the coastal zone, a coastal development permit will be processed concurrently with the minor or major redevelopment—village review permit. As a note, non- administrative variances and, standards modifications can only be approved by the Design Review BoardPlanning Commission or Housing and Redevelopment Commission. City Council. A minor or major redevelopment village review permit, therefore, will be required for any project application which includes a request for non-administrative a variance or standards modifications, even if that project would have otherwise been exempt from the permit requirements or eligible for an administrative permit. The various types of permits required within the Village Redevelopment Area are further defined within Chapters 21.35 and 21.81 of the Carlsbad Municipal Code. The policies and procedures for processing—redevelopment village development and coastal development permits arc further defined within the Housing—and—Redevelopment—Commission—Policies—and Procedures Manual. Variances Variances for projects will be processed concurrently with any other administrative or discretionary permits which may be required. However, they will be processed as a separate action item. Chapter 21.35 of the Carlsbad Municipal Code defines the types of variances which can be granted administratively by the Housing and Redevelopment Director and those which must receive approval from the Design Review Board Planning Commission or City Council—Housing—Commission—and Redevelopment Commission. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual PERMIT TYPES Exempt Administrative Redevelopment Review Permit Minor Redevelopment Review Permit Major Redevelopment Review Permit 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. Demolition of structure that has no potential to create an adverse impact on coastal resources or public access to the coast; and/or 4.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 5. Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or 6.Repair or Maintenance Activities; and /or 7. Activities of public utilities; and 8. Project does not require a variance of any type. 1. New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is less than $60,000; and/or 2. Interior or Exterior improvements to existing structures which result in an intensity of use; and/or 3. Provisional Land Uses, where a minor or major rGdovGlopmont review permit is not required. 4. Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/ problems; and/or 5. Demolition of structure that may have the potential to create an adverse impact on coastal resources or public access to the coast; and/or 6. Signs for existing businesses or facilities; and/or 7. Repair or Maintenance Activities which are not exempt; and 8. Project requires an administrative variance. 1. New construction of building(s) or addition(s) to the building footprint which have a building permit valuation which is equal to or greater than $60,000 but less than $150,000. 2. Non- Administrative Variances for projects within this category and those which would otherwise be exempt or be eligible for an administrative permit as indicated within this chart. 1. New construction of building(s)or addition(s) to the building footprint which have a building permit valuation which is equal to or greater than $150,000. 2. Non-Administrative Variances for projects within this category. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS C\fy of Carlsbad Village Redevelopment Master Plan and Design Manual 1 See Section 21.81.030 of the Carlsbad Municipal Code for exceptions to when a project is exempt from permit requirements for rodcvGlopmGnt Village Review and/or coastal development purposes. 2 See Section 21.81.035 of the Carlsbad Municipal Code for exceptions to when a project is exempt from permit requirements for redevelopment Village Review or coastal development purposes. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS C\fy of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS of Carlsbad Village Redevelopment Master Plan and Design Manual Redevelopment Village Review Permits Authority for Approval | Exempt Projects— The Housing and Redevelopment Director shall be responsible for determining whether or not a project is exempt from the permit requirements and maintaining the record of exemption. | Administrative Review Permits The Housing and Redevelopment Director shall have the authority to approve, approve with conditions, or deny an administrative permit for an eligible administrative pormitproject. No action is needed by the Dcoign Review Board Planning Commission or the— Houoing and Redevelopment Commipoion City Council, unless appealed to the Dcoign Review Board Planning Commission or Houoing and Redevelopment Commianion City Council. Minor Review Administrative Permits The Design Review Board Planning Commission shall have the authority to approve, approve with conditions, or deny | Minor Redevelopment Review Permits. The Benign Review Board Planning Commission shall also act upon appeals from decisions made by the Housing and Redevelopment Director. Major Review Redevelopment Permits The Housing and Redevelopment Commiaaion City Council shall have the authority to approve, approve with conditions, or deny Major Redevelopment Review Permits and/or tentative and final maps, if applicable following receipt of a recommendation from the Dcaign Review Board Planning Commission. The Commiaaion City Council shall also act upon appeals from decisions made by the Dcoign Review Board Planning Commission. Permit Extensions. A request for an extension of a previously approved redevelopment and/or village review permit shall be approved, approved with conditions, or denied b an original decision-maker with the final permit authority. A recommendation from a lower recommending decision authority shall not be required in advance of this action by the final permit authority. The request for the permit extension may be forwarded direction to the appropriate decision-maker for action. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS Ctfy of Carlsbad Village Redevelopment Master Plan and Design Manual Consolidation of Permits Whenever several different types of permits or approvals are required for a project, the decision-making body on all of the permits shall be the body with the highest level authority on any of the individual permits. This means that the Director, or the Doaign Review Board Planning Commission or the Houoing and Redevelopment Commioaion City Council will be the decision-making body on all actions, including the highest and lowest level permits. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS C\ty of Carlsbad Village Redevelopment Master Plan and Design Manual Appeal Process Exempt Projected For projects within the Coastal Zone, the Executive Director of the Coastal Commission, or the Coastal Commission, shall have the authority to resolve disputes regarding determinations of exemptions. For projects located within the Redevelopment Village Area but not in the Coastal Zone, the determination of exemption made by the Housing and Redevelopment Director shall be final. Administrative Review PermitST An appeal of a decision made by the Housing and Redevelopment Director on administrative permits may be made to the Design Review Board Planning Commission. All appeals must be made in writing within ten (10) calendar days of the decision made by the Housing and Redevelopment Director. The decision of the Design Review Board Planning Commission on appeals is final. Minor Redevelopment Review PermitST An appeal of a decision made by the Design Review Board Planning Commission on minor redevelopment review permits may be made to the Housing and Redevelopment CommissionCitv Council. All appeals must be made in writing within ten (10) calendar days of the decision made by the Design Review Board Planning Commission. The decision of the Housing and Redevelopment CommissionCarlsbad City Council on appeals is final. Major Redevelopment Review Permitsr There is no appeal from a decision made by the Housing and Redevelopment CommissionCitv Council on major redevelopment review permits and/or a tentative or final map, if applicable. Coastal Development PermitST If a project is located within the Coastal Zone of the Village Redevelopment Area and the local action is appealable to the Coastal Commission, an appeal must be submitted directly to the Coastal Commission. Any person who wishes to appeal a local action which is appealable to the Coastal Commission should contact the Housing and Redevelopment Department or the local Coastal Commission office for more information. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS of Carlsbad Village Redevelopment Master Plan and Design Manual Coastal Development Permits Unless found to be exempt, all development within the Coastal Zone segment of the Village Redevelopment Area shall be subject to prior issuance of a Coastal Development Permit. This permit may be administratively approved by the Housing and Redevelopment Director or subject to discretionary approval by the Design Review Board Planning Commission or Housing and Redevelopment Commission. City Council according to ther permit types set forth herein. The permit summary chart on page ( ) outlines the types of permits to be issued for redevelopment village review projects. These permit types apply to coastal development projects as well. For example, if a redevelopment village review project is located in the coastal zone and is eligible for an administrative redevelopment review permit, then an administrative coastal development permit will also be processed for the project. The administrative responsibilities identified for the Housing and Redevelopment Director as well as staff of the Housing and Redevelopment Department shall also apply to the processing of coastal development permits in the Village Area.r The appeal process is also the same for coastal development permits, with the exception that some permits issued within the Coastal Zone are appealable to the Coastal Commission. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS C\ty of Carlsbad Village-Redevelopment Master Plan and Design Manual Redevelopment Village Review Permits Processing Permits The chart which follows this page is provided to assist the applicant in understanding the steps which will generally be taken by staff and the appropriate approving bodies to process and application for a redevelopment village review permit. It should be noted that approval of a redevelopment review _or coastal development permit is the first step for completing a project within the Village Redevelopment Area. Other permits, such as building permits or business licenses, may also be required prior to initiation of a project or a business. If a redevelopment village review or coastal development permit is required, the applicant will not be able to obtain approval of any other required permits until the redevelopment review and/or coastal development permit has been approved by the appropriate body. The—Housing—and—Redevelopment—Commission—Policies—aed Procedures Manual should also be referenced for information on the processing of redevelopment and coastal development permits within the Village Redevelopment Area. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS C\fy of Carlsbad Village-Redevelopment Master Plan and Design Manual PERMIT PROCESSING PROCEDURES Exempt Administrative Coastal and Redevelopment, Village Review Permits Minor Coastal and Redevelopment Village Review Permits Major Coastal and Redevelopment Village Review Permits Staff completes exempt documentation. Copy of exempt documentation is provided to applicant and placed in the appropriate file. Applicant applies for other permits or licenses, including appropriate building permits and business license. Process Ends. Applicant meets with Redevelopment Staff for conceptual review. Applicant submits permit application and appropriate exhibits to Community Development Department. Application is reviewed for completeness and identification of issues. If application is complete, processing begins. Application is then reviewed by all appropriate departments and comments are provided to the H&R Director. If not complete, application is returned to applicant for resubmission at later date. CEQA review is performed by Planning Department (once application is complete). Thirty (30) day review period is provided for comments on environmental documentation, if applicable. Based upon comments from reviewing departments, a preliminary decision is made by the Housing and Redevelopment Director to approve, approve with conditions or deny the requested project permit. Appropriate persons are notified of pending decision and invited to provide comments on the decision, either verbally or in writing to the H&R Director during a ten (10) day public review. (Note: If the project is located within the appealable area of the Coastal Zone, an administrative public hearing will be held and property noticed prior to the rendering of a final decision). Applicant meets with Redevelopment Staff for conceptual review. Applicant submits permit application and exhibits to Community Development Department. Application is reviewed for completeness and identification of issues. If —application is complete, processing begins. Application is then reviewed by all appropriate departments and comments are provided to the Housing & Redevelopment Director. If not complete, application is returned to applicant for resubmission. CEQA review is performed by Planning Department (once application is complete). Thirty (30) day review period is provided for comments on environmental documentation, if applicable. Based upon comments, staff prepares a report with recommendation for Design Review Board Planning Commission action. Staff sets agenda for Design—Review—Board Planning Commission public hearing. Appropriate notification is provided for the public hearing on the permit. BRB- Planning Commission holds a public hearing, considers comments and then approves, approves with conditions or denies the permit. Applicant meets with Redevelopment Staff for conceptual review. Applicant submits permit application and exhibits to Community Development Department. Application is reviewed for completeness and identification of issues. If— application is complete, processing begins. Application is then reviewed by all appropriate departments and comments are provided to the Housing & Redevelopment Director. If not complete, application is returned to applicant for resubmission. CEQA review is performed by Planning Department (once application is complete). Thirty (30) day review period is provided for comments on environmental documentation, if applicable. Based upon comments, staff prepares a report with recommendations for Design Review—Board's Planning Commission's recommended action to the ttev -and—Redevelopment—CommiosioCitv Staff sets agenda for Benign Review Board Planning Commission public hearing. Appropriate notification is provided for the public hearing on the permit. Design Review Board Planning Commission holds a public hearing, considers comments and then takes action to approve a recommendation for the City Council Housing and Redevelopment Commission to approve or deny the permit. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual PERMIT PROCESSING PROCEDURES (Cont 'd) Exempt Administrative Coastal and Redevelopment, Village Review Permits Minor Coastal and Redevelopment Village Review Permits Major Coastal and Redevelopment Village Review Permits If project is denied, applicant may appeal to Dcaign Review Board Planning Commission: no further notice to interested parties is provided unless project is appealed by applicant. If project is approved by the Director, appropriate persons will be notified of the final decision and given ten (10) calendar days to appeal the decision to the Design Review Board Planning Commission. Following expiration of the ten (10) day appeal period and if no appeal is filed, applicant applies for other appropriate permits and licenses. (Note: If the project is located within the appealable area of the Coastal Zone, an additional ten (10) day appeal period is provided to interested parties). Once all applicable appeal periods have expired and no appeals have been filed, or the appeals have been resolved, the applicant may apply for other permits or licenses. Process Ends. If project is denied, applicant may appeal to Doaign Review Board Planning Commission: no further notice to interested parties is provided unless project is appealed by applicant. If project is approved by the Design Ucview BeafdPlannine Commission, the decision is appealable to the City Council Homing and Redevelopment Commiaoion for ten (10) calendar days.. Following expiration of the ten (10) day appeal period and if no appeal is filed, applicant applies for other appropriate permits and licenses. (Note: If the project is located within the appealable area of the Coastal Zone, an additional ten (10) day appeal period is provided to interested parties). Once all applicable appeal periods have expired and no appeals have been filed, or the appeals have been resolved, the applicant may apply for other permits or licenses. Process Ends. If- Design Review Board Planning Commission takes action to recommend approval of the permit, staff forwards the appropriate report to the City Council Housing—and—Redevelop nent--Commbsion -for consideration following a public hearing. The Commission's Council's action on the permit is final. (Note: If the project is located within the appealable area of the Coastal Zone, a ten (10) day appeal period is provided to interested parties). Once all applicable appeal periods have expired and no appeals have been filed, or the appeals have been resolved, the applicant may apply for other permits or licenses. Process Ends. DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual DESIGN REVIEW AND DEVELOPMENT APPROVAL PROCESS City of Carlsbad Village Redevelopment Master Plan and Design Manual IMPLEMENTATION STRATEGY City of Carlsbad VillaeeiUage Redevelopment Master Plan and Design Manual CIRCULATION PLANS c City of Carlsbad Village Redevelopment Master Plan and Design Manual Circulation Figure 19 summarizes the circulation plan for the Village Redevelopment Area. The map provided in Figure 19 identifies the location of primary streets in the Village, bicycle routes and the transit center. Vehicular Circulation The existing village street network is adequate to accommodate foreseeable future development without major changes. Carlsbad Village Drive and Carlsbad Boulevard are significant roadways in the Village and carry the majority of traffic to and through the area. Grand Avenue, Jefferson Street, Roosevelt Street, State Street and a short segment of Oak Avenue are significant feeder streets to the Village. Other streets are largely local serving. Bicycle Circulation Routes are as designated on the map in Figure 19 and are provided for in the City of Carlsbad General Plan. The potential may exist in the future for a bicycle path along the railroad right- of-way which would add to the bicycle circulation element of this plan. Transit Center A commuter rail station and major bus transfer node are located north of Grand Avenue between State Street and Washington Street. CIRCULATION PLANS City of Carlsbad Village Redevelopment Master Plan and Design Manual Future Pedestrian Walks will have: Pedestrian Framework Minor Pedestrian Streets will have: • Informal landscaping • Special lighting for visual interest and safety. • Other uses (e.g., residences) which enhance the interest and safety of the walkways. • Seating, mini-parks and children's play areas. Major Pedestrian Streets • A high degree of retail continuity to add interest to the walking experience and provide a strong focus of retail activity. • Few curb cuts to minimize pedestrian conflicts with vehicles. • Enhanced sidewalk paving and landscaping. • A concentration of public and private pedestrian amenities including benches, flowers and special lighting. • Special storefront designs and signs. Continuous sidewalks Street trees Pedestrian-scale lighting Informal private landscaping Landscaped setbacks Major, minor and future presentation routes are identified on the map of the Village provided within Figure 20. Walking within the Village will be encouraged and enhanced by sidewalks with substantial pedestrian amenities and by buildings and uses which enhance the pleasure of walking. CIRCULATION PLANS City of Carlsbad Village Redevelopment Master Plan and Design Manual CIRCULATION PLANS City of Carlsbad Village Redevelopment Master Plan and Design Manual IMPLEMENTATION STRATEGY -City of Carlsbad Village Redevelopment Master Plan and Design Manual IMPLEMENTATION STRATEGY -City of Carlsbad Village Redevelopment Master Plan and Design Manual SECTION III IMPLEMENTATION MEASURES -IMPLEMENTATION STRATEGY -City of Carlsbad Village Redevelopment Master Plan and Design Manual Village Implementation Strategy Measures Purpose, Authority and Entitlements This Village Master Plan and Design Manual shall serve as a Master Plan for the area known as the Village, the boundaries of which have been described herein and within Appendix A. The land use and development regulations set forth within this Master Plan and Design Manual constitute the applicable zoning regulations for the Village Area and are adopted by ordinance form in order to supersede the otherwise applicable zoning regulations set forth in the Carlsbad Municipal Code. This Master Plan establishes land use, zoning and development standards applicable to the Village Area with consideration given to individual land use districts within the Area, defining the permissible type and intensity of development. Although this Master Plan sets standards for development and land use, it does not provide a guarantee of approval for future discretionary development projects within its boundaries. General Plan Consistency The Village Master Plan and Design Manual is adopted by ordinance by the Carlsbad City Council, which has found it to be consistent with the Carlsbad General Plan. The Village Master Plan and Design Manual systematically implements the broad- based General Plan policies and the individual development proposals for the Village Area. Development Consistency All development proposed for the Village Area shall be consistent with the policies and regulations of this Village Master Plan and Design Manual. The zoning set forth for all properties in the Village is to be known as Village Review, or V-R. and the land use districts shall set forth the permitted, provisional, accessory and prohibited land uses for said properties. Conformance to these policies and standards will ensure the systematic implementation of the General Plan. Severability In the event that any regulation, condition, program, or portion of this Village Master Plan and Design Manual is held invalid or unconstitutional by a California Court of Federal Court of competent jurisdiction, such provisions and the invalidity of such provisions shall not affect the validity of the remaining provisions. Village Master Plan and Design Manual Enforcement The Village Master Plan and Design Manual zoning promotes orderly development and the zoning for the Village Area. Consistent with the City of Carlsbad Municipal Code, any violation of the standards and regulations identified in the Village Master Plan and Design Manual adopted by the City Council shall be considered a violation of the Zoning Ordinance. Where the Village Master Plan and Design Manual is silent on an issue, the requirements of the Carlsbad Municipal Code shall apply. Public Facilities To ensure that all development within the Village Area is adequately served, developers shall be required to provide for their share of the construction or funding of all necessary public facilities pursuant to the approved Zone 1 Local Facilities Management Plan. In 1992, the Carlsbad Redevelopment Agency initiated a comprehensive review/evaluation of the Redevelopment Area. vh&t had beenThe purpose of the evaluation was to rcvic\ accomplished to date in the Village Redevelopment Area and IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual iviasier 11 an lor me village /\rca wnicn aaarcsseu tiie Village Redevelopment Area; projects within the Area; privately-funded rcvitalization efforts; and Area* of the revitalization/rcdcvclopmcnt program. T-U ur *• -11 - i A « « u A- rules for development. IMPLEMENTATION STRATEGY MEASURES /"Y/v /if* /"Vir/c/>/i// 1/T///TO-47 Ef.^fl&.\M*lfm***&tt*f-KAnc't0i' f//in fin si D/>cirrM Ajffimifil -Village Implementation Strategy This third section of the document sets forth guidance for the "carrots" and the other activities which arc planned, or will be pursued, to assist in revitalizing the area.—The timetable for implementing the activities within this Master Plan document for the—Village—is not date-specific. Precise dates for various implementation activities of the program arc primarily a function of the budgeting process as resources arc made available to support them. There arc two (2) basic documents which will be used to set the priorities for implementation of the various programs outlined within—this—Implementation—Strategy. The—first—is—the Redevelopment Agency Annual Budget which is adopted by the first of each fiscal year (July 1).—Also, as required by California Redevelopment Law, the Redevelopment Agency must prepare a Five Year Implementation Plan which includes an outline of how the Agency will expend its funds on redevelopment activities, including affordable housing.—This Implementation Plan can be reviewed on an annual basis and modified as necessary according te—applicable—procedures—set—forth—within—California Redevelopment Law.—The allocation of redevelopment fund resources—wMl—be—provided—within these—twe—(2-)—described documents.—Financing for redevelopment activities is further described below. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual — financing Keaeveiopmem Pfftfrr'sttMCrl t/g i Hi Hi* The — Village — Redevelopment — Program — is — anchored — by — a concept of public/private joint participation — This public/private concept also includes the mechanisms whereby the Rcvitalization Program is financed Use of Public Funds The primary — source of funding — for projects — in the — Village Redevelopment Area 13 "tax increment" — These funds arc used to finance projects which eliminate blight and have a public benefit Unfortunately — these funds arc fairly limited — Therefore — in the years uhcad — the — Redevelopment Agency — will explore — alternate funding sources such as grants — assessment districts — development of a "Business Improvement District" — state and federal funding programs — and any other eligible funding mechanism which may be made available to the Agency for redevelopment activities As required by AB 1290 which was effective January 1 — 1994 and made major changes to Redevelopment Law, the Carlsbad Redevelopment — Agency — is — required — te — prepare — a — five — year implementation plan as indicated above — The Agency approved its first 5 year plan in January — 1995 — The Plan highlights the oxnondihiro nlnn fnr fho Villngp RnHovolnnmonf — A erpnov A-4 siaicu previously, mis i inn can uc ruvicwuu on tin tinnuai basis, or more often if necessary, and modified as appropriate to As available and feasible, — the Agency — will pursue other sources of public funding which may be available for funding redevelopment — e? — rcvitahzation — activities — within — fee — Village Redevelopment Area. Use or Private * unds On the private side, the Village Redevelopment Program is financed — through — new — development — m — the — Village — and — by individuals investing in the improvement and upgrading of the existing buildings in the area. — It is expected that the public sector contribution will encourage and stimulate an even greater private sector — investment — in the program. — The proposed — Business Retention — Program' — ts — atse — intended — te — encourage — private investment in the Village by attracting viable businesses to the area and identifying needed services and amenities conducive to neighborhood serving retail clusters in the Village. Other funding which may be available through private non- profit (or for profit) interest groups, such as the Historical or Arts Society, will also be used as appropriate to fund various activities within the Village Redevelopment Area. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Circulation Improvements Generally, it has been determined that the circulation system within the Village Redevelopment Area is adequate to support existing and future development. However, a number of areas within the Village still need sidewalks and other street improvements. As funds become available and as private properties are developed, the developers and Carlsbad Redevelopment AgcncyCity will continue its-efforts to provide sidewalks and appropriate street improvements throughout the Village to improve/enhance vehicular and pedestrian circulation. Public Improvements With completion of the sixfive (56) phases of the Streetscape Project, much of the public improvement program within the Village has been accomplished. However, the Redevelopment AgcncyCity will continue efforts to complete public improvements as appropriate over the next ten (10) or more ftext ten (10) years.years. The following public improvement projects will be pursued:—1) street enhancements (including decorative crosswalks, landscaping and street furniture) to Roosevelt Street from Carlsbad Village Drive to Walnut Street; 2) the construction of a boardwalk and ocean scenic overlook at the end of Carlsbad Village Drive; 3) addition of street trees and hanging flower baskets at various locations in the Village; 4) pedestrian scale lighting—throughout—the—Village;—5)—pedestrian—connections between Madison and Roosevelt Streets; 6) enhanced public signagc for such facilities as public parking lots, parks, etc; 7) pursue development of additional public rcstrooms within the Village;—8)—work—with—SDG&E—aad—private—property owners/developers Village. -te—underground—utilities throughout -the Transportation The Redevelopment AgcncvCity will continue to support projects which will enhance public transportation opportunities for persons living, working, shopping or visiting within the Village Redevelopment Area. The Commuter Rail and Bus Transfer Station within the Village Redevelopment Area will provide opportunities for persons who live in or around the Village to access job sites in downtown San Diego or in other Cities north/south of Carlsbad. Eventually, the San Diego Commuter Rail System will also connect with the Commuter—ftatl—System—(Mctrolink)—currently—operating—m Orange/Los Angeles County; this will offer enhanced public transportation—opportunities—te—persons—living—ki—Carlsbad, to jobs in other areas.the Village, The Agency City will pursue transit-oriented developments which will also enhance this-transportation center within the Village. As feasible and possible, the Redevelopment AgcncyCity will also encourage North County Transit District to improve bus transportation services both in and around the Village Redevelopment Area. The Redevelopment Agency will also research and pursue alternate forms of public transportation systems to be used within the boundaries of the Village and/or to selected locations outside the Village such as the City Library, Parks, Recreation Centers, ete:—These alternate forms of transportation to be pursued may include, but arc not limited to: 1) a horse and carriage service; mini-trolley (motorized) system; and/or, 3) a dial-a-ridc van or cab service. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual To encourage the greater use of bicycles and mopeds, the Agency City will pursue funding to install bike racks in the various public parking lots within the Village and at various locations on the public sidewalks throughout the Village. Private developers of new projects within the Village will also be encouraged to add bicycle racks on private property to develop this "bicycle friendly" environment. Additionally, the AgcncyHousing and Redevelopment staff will work with the City's Engineering Department to ensure that there are adequate and safe bicycle lanes within the Village to enhance circulation opportunities and reduce conflicts with vehicles and/or pedestrians. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Cultural Facilities The development of cultural facilities in the Village will add greatly to the attractiveness of the Village as a destination for tourists and Carlsbad residents. The—Redevelopment ^Housing and Redevelopment and other city staff will work -with the Carlsbad Arts Commission and the City's Arts Manager and other parties to identify possible sites for additional cultural facilities within the Village and/or for increasing cultural activity opportunities. Since the Redevelopment Agency has very limited resources, efforts will need to be made to explore and pursue other funding sources, such as bonds or state/federal grants, to assist in the effort to develop these facilities and/or activity opportunities. encouraged by the Carlsbad Redevelopment AgcncyCity. The Village Land Use Plan has been revised to allow these type of uses in several of the Strong support has been expressed for reopening the Carlsbad Theatre as a first run cinema and perhaps other community uses, such as dramatic presentations, dance/music recitals and more. Since the theatre is currently privately owned, the City Agency has limited authority to implement this program. However, the AgcncyCity will continue to encourage the renovation of the theatre by other private or public entities and to attempt to facilitate City approvals to reopen the building according to applicable development standards/building codes. If it is not possible to renovate and reopen the Carlsbad Theatre, the AgcncyCiry will pursue other opportunities which may be presented by other private or public parties for providing new cultural arts facilities, including a theatre, within the Village. The Redevelopment—AgcncyHousing and Redevelopment Department will work with and support the City's Arts Office efforts to sponsor a series of on-going, small-scale arts activities within the Village to attract local residents to the area in greater numbers. Live/work accommodations for local artists will be land use districts within the area. The Agency City will explore and consider the feasibility of developing artist housing under its affordable housing program. Although the City Agency does not develop housing on its own, a private developer (for profit or non-profit) may be willing to work with the AgcncyCity to develop affordable housing and work space opportunities in the Village. If the Agency is able to identify a private developer who is willing to own and operate artist housing which provides work space, the Agency will work with the developer to facilitate completion of the project. In providing these live/work opportunities for artists, the AgcncyCity will encourage the adaptive reuse of existing commercial buildings in the Village which may also have local historical significance, as appropriate^ The Redevelopment Agency City will research and consider the feasibility of creating a cultural district within the Village Redevelopment Area. The Agency will also encourage and attempt to facilitate formation or development of an "Artist Park" or "Artist Plaza" to provide local artists with a place to create and display their art. These areas could be provided in the open or in storefront galleries/studios. The Agency Housing and Redevelopment Department will also continue to work with the City's Arts Department to create opportunities for short-term work, exhibit and public spaces for artists in the Village. To assist in financing public art, the Redevelopment AgcncyCity shall requires that 1% of the total construction cost of any publicly-funded project built within the Village be made available for a public art element within the given project or at a later date IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual at an alternate location within the Village. The public art element will be approved by the process set forth by the Carlsbad City Council. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Historic Preservation The Redevelopment—Agency Department shall work with Commission and/or Historical Housing and Redevelopment the Historic Preservation Society to facilitate the development of walking tour of historic sites in the downtown area. The Agency Department will work with the Commission/Society to identify sources of funding which may be available for financing the costs of "identifier" or "historical landmark" signs as part of this program. The Agency City will also consider incorporating a signage program related to cultural resources as part of the walking tour/signage program. Every effort will be made by the Redevelopment AgcncyCity to work with private property owners to preserve buildings and/or other historical landmarks within the Village Redevelopment Area as part of the downtown revitalization program. The Agency City will encourage and facilitate the development of a proposed museum in the Village which will provide for the preservation of local historical artifacts. The Carlsbad Redevelopment AgcncyCity will research and consider the feasibility of creating a historic district within the Village Redevelopment Area to assist in the effort to preserve the history of Carlsbad and, more specifically, the Village. At a minimum, the Agency City will prepare a "key" or "overlay map" which clearly identifies the historic buildings and other structures within the Village to increase the awareness of the historical significance of the area and various buildings and to coordinate efforts to redevelop sites or construct new projects in a "history sensitive" manner. The Agency City will also encourage the preservation of hispanic culture and history within the Barrio Carlsbad Community of the Village Redevelopment Area. A Hispanic Culture Development Theme has been established for the area on Roosevelt Street between Carlsbad Village Drive and Walnut Avenue. Efforts will be made by the Redevelopment AgcncyCity to encourage land uses within the area which respect and enhance the Hfeispanic culture and history within the area. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Economic Restructuring One purpose of the Village Master Plan and Design Manual is to restructure the mix of uses in the Village over the long term to be more mutually supportive and to increase the area's economic vitality. The materials in this section of the Implementation MeasuresStratcgy deal not with controls and programs but rather general strategies for change of a period of years. A "Business Retention and Recruitment Program" will continue to be implemented in the Village Area, developed for the downtown area. The program wtH-includes: 1) an identification of special problems faced by small downtown businesses for discussion and possible resolution by the Redevelopment Agency City and/or the—Village—Business—Associationthe various community groups invested in the Village Area: 2) identification of new businesses desired within the Village; 3) preparation of Village promotional materials; 4) establishment of outreach efforts to attract specific businesses to occupy available spaces in the downtown. As appropriate and consistent with applicable policies, the Agency City may provide financial assistance and/or incentive funding to desirable businesses and/or redevelopment projects to be constructed within the area. The Agency City will research and pursue, if appropriate, establishment of a Business Improvement District (BID) to fund special projects within the Village Area. The funds provided through the BID could be used for: 1) promotion and marketing of the Village; 2) increased security and parking enforcement; 3) maintenance and enhancement of landscaping; 4) additional lighting and parking; 5) small business counseling services as well as other projects/activities which may address the problems of small downtown businesses. In addition to the above programs Village Business Association, the A with assistance from the gcncy City will pursue development of a "Business Directory and Community Building Identification Program". This program may include, but is not limited to: O A kiosk or business directory sign program which would be accessed by the customer to identify the location of businesses and/or community buildings within the Village Redevelopment Area. These kiosks could be placed at various locations, such as public parking lots, throughout the Village for directional purposes. This program could be similar to the business directory provided within a shopping mall or it could simply provide an opportunity for businesses to display information related to their business. O A "Business Directory" which could be published for distribution to visitors and/or local residents for business identification and directional purposes. O A Street Signage Program which would enhance existing signage to identify key landmarks within the Village and/or various community facilities. Building Improvements An improvement of the overall Village environmental and visual image is an important part of the comprehensive Master Plan for revitalization of the downtown redevelopment Village area. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Tthe Agency City will develop, implement and fund a "Building Facade Improvement and Signage Design Assistance Program" to provide an incentive for businesses/ property owners to complete some facade improvements for area beautification purposes. Also, funding for design assistance for new signage will hopefully encourage businesses to revise and update outdated signage and to comply with the new sign standards for the Village Area. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Roles and Responsibilities The Housing and Redevelopment DepartmentCarfeftorf Redevelopment Agency, with direction, support and guidance from the Housing and Redevelopment Commission (City Council) City Council and/or Design Review Board (Planning Commission for the Village Redevelopment Area), Planning Commission, will have the overall responsibility for initiating and coordinating implementation activities. Funds invested in the downtown area will be for the purpose of carrying out the City'sAgcncy's responsibilities for planning and land use regulations, and for stimulating greater private investment which will provide benefits to the City as a whole. The Agency City will also be responsible for the design, award of construction contracts and supervision of construction of any public improvements planned for the Village and funded by either the Redevelopment Agency or City. This shall also mean that the Agency will serve in a liaison role between the City andThand the Housing and Redevelopment is Department will also serve as the direct contact for other public agencies which may seek to complete improvements and/or projects within the boundaries of the Village Redevelopment Area. The primary role of the Agency City shall be to serve as a catalyst to get activities started. This action must be matched by private commitments to warrant the continued allocation of public staff resources and funding. The Village Business Association and/or Carlsbad Village Improvement Partnership, or other business organization will be responsible for organizing its membership in support of downtown revitalization and promotional efforts for the downtown area. Such activities will include advertising and special events as well as the dissemination of important information and the representation of downtown business interests before the Agency, City Boards and Commissions. The Village Property Owners and Business Owners shall be responsible for funding their fair share of physical improvements and/or projects which affect the value of their downtown properties. In addition, they will be asked to carry out improvements to their property to enhance the downtown shopping environment and improve the area's competitiveness relative to other regional shopping areas. The Village Residents will be responsible for supporting the implementation of downtown improvements and/or projects which have benefit to the area as a whole. The residents should also communicate with the community leaders to ensure that problems within the area are being adequately addressed and to aid in the effort to create a Village that is "a comfortable place to be" and offers a variety of opportunities. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Conclusion To be successful, this entire Village Master Plan and Design Manual builds upon the governmental leaders' commitment to the downtown, the momentum for improvement established by the businesses, residents and property owners and the spirit of cooperation among all the various parties acting within the Village Redevelopment Area. Implementation of the Village Master Plan and Design Manual will be a shared private/public partnership with many contributing to its success and all benefiting from the redevelopment and revitalization efforts. IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual IMPLEMENTATION STRATEGY MEASURES City of Carlsbad Village Redevelopment Master Plan and Design Manual Appendix A- Legal Description for Village Area Boundaries All those portions of the City of Carlsbad, County of San Diego, State of California described as follows: BEGINNING at the most Westerly corner of Lot 58 of Granville Park No. 2, according to Map thereof No. 2037 filed in the Office of the County Recorder of San Diego County, June 18,1927; thence along the Northwesterly, Northerly and Northeasterly line of said Map 2037 to the most Easterly corner of Lot 133 of said Map 2037; thence leaving the boundary of said Lot 133, Easterly to the most Westerly corner of Lot 174 of said Map 2037; thence continuing Easterly along the Southerly line of said Lot 174, 20.00 feet more or less, to the Easterly line of the State Highway (Carlsbad Boulevard) as granted to the State of California in deed recorded in Book 316, Page 309, of Official Records to the most Northwesterly corner of land described in deed McMahan Furniture Co., a California corporation, recorded January 3,1975 as File No. 75-001664, being also a point of intersection between the Easterly line of said State Highway and the Southwesterly line of State Street, 60.00 feet wide, as shown on the records of the County Assessor of said San Diego County; thence Northeasterly, radially from said Southwesterly line of State Street to a point on the Northeasterly line of said State Street, being also a point in the boundary of land described in Parcel 7 in deed to the State of California recorded August 19,1974 as file No. 74-223647; thence Southeasterly along the Northeasterly line of said State Street to a point in the Northeasterly line of Lot 19 of Seaside Lands, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28,1921, thence Easterly along said Northerly line to the Northeast corner of said Lot 19, being also a point in the Easterly line of land described in deed R.R. Robinson, et ux, recorded July 6,1972 as File No. 174347; thence along the Westerly boundary of said Robinson's land North 0° OS'OO" East to the Northwest corner thereof; thence South 89°50'00" East along the Northerly line of said Robinson's land and its Easterly prolongation to the most Westerly corner of Lot 1 of Buena Vista Gardens, according to May thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4,1948, thence along the boundary of said Lot 1, South 56°57'40" East, 89.97 feet and South 77°39'00" East to a line drawn parallel with and 90.00 feet Westerly of the West line of a 40.00 easement for private road as shown on said map 2492; thence Southerly along said parallel and its Southerly prolongation to a point on the Southerly line of Laguna Drive as shown on Map of Seaside Lands No. 1722, being also a point in the Northerly line of Lot 20 of said Seaside Lands; thence South 89°50'00" East along the Southerly line of said Laguna Drive to the most Easterly corner of Lot 46 of said Seaside Lands; thence continuing South 89°50'00" East along the Southerly line of said Laguna Drive to a point on the Northeasterly line of Fourth Street (Jefferson Street) as shown on Map of Carlsbad Lands, Map 1661; filed in the Office of the County Recorder of San Diego County March 1, 2915; thence Southerly and Southeasterly along said Northeasterly line to the most Westerly corner of Lot 1 of Schell and Sites Addition to Carlsbad, according to Map thereof No. 2145, filed in the Office of the County Recorder of San Diego County, February 20, 1929; thence continuing Southeasterly along said Easterly line of Fourth Street to the most Westerly corner of Lot 14 of said Map 2145; thence Northeasterly to the most Northerly corner of said Lot 14; thence Southeasterly to the most Westerly corner of Lot 20 of said Map 2145; thence Southeasterly to the most Easterly corner of said Lot 26; thence Northeasterly to the most Southerly corner of Lot 27 of said Map 2145; thence Northeasterly to the most Easterly corner of Lot 31 of said Map 2145; thence Northwesterly to the Northeast corner of said Lot 31., being also an angle point in the Westerly boundary of land described in deed to W. Joseph Parisi, et ux, recorded November 10,1969 as File No. 205432; thence Northerly along said Westerly boundary and its Northerly prolongation, 330 feet to the Northerly line of Tract 117 of said Carlsbad lands, according to Map thereof No. 1661; thence Easterly along said Northerly line to an intersection with the Southwesterly line of California State Highway XI-SD-2B; thence Southeasterly along said Southwesterly line of the State Highway to the most Easterly corner of Parcel 1 of Marcel Map 1311 filed in the Office of the County Recorder of San Diego County, February 16,1973, being a portion of said Tract 117; thence along the Southeasterly boundary of said Parcel 1 South 48°22'27" East 26.59 feet to an angle point in said Southeasterly boundary of said Parcel 1; thence continuing Southeasterly along said Southwesterly line of the State Highway to the Northeast corner of land described in deed to the State of California recorded February 16,1968, as file No. 27350; thence along the Northwesterly line of said State of California Land, Southwesterly to an intersection with the East line of land described in deed to Vera Aguilar Soto, an unmarried woman, recorded June 3,1968 as File No. 92031; thence Northwesterly along said East line 10.00 feet to a point in the Northerly line of that portion of Oak Avenue as vacated and closed to public use; thence Southwesterly along said Northerly line to a point in the Westerly line of land described in Parcel II of Judgment of Final Distribution on Waiver of Accounting in the Estate of Darrell Alexander Welch, also known as Darrell A. Welch, deceased, Superior Case No. PN 1232, a copy of which was recorded May 5,1975 as File No. 75-106699; thence Southwesterly in a straight line to the most Northerly comer of Lot 17 in Block 58 of Town of Carlsbad, according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego County, February 15,1895; thence along the Northwesterly line of said lot 17 and its Southwesterly prolongation, to the most Westerly corner of Lot 17 in Block 40 of said Map 775; thence Southeasterly along the Southwesterly line of said Lot 17 Block 40, and its Southeasterly prolongation to the most Westerly corner of Lot 17 in Block 42 of said Map 775; thence Southwesterly along the Southwesterly prolongation of the Northwesterly line of said Lot 17, Block 42 to a point of intersection with the Northeasterly line of Lot 8 of Industrial Tract, according to Map thereof No. 1743, filed in the Office of the County Recorder of San Diego County, January 3,1923, thence along said Northeasterly line, Southeasterly to the most Easterly comer of said Lot 8; thence Southwesterly prolongation to its intersection with the Southwesterly line of the Atcheson Topeka and Santa Fe Railway Right of Way, thence Northwesterly along said Southwesterly line to an intersection with the Northeasterly prolongation of the Southeast line of Block 16 of Town of Carlsbad, according to Map thereof No. 535, filed in the, Office of the County Recorder of San Diego County, May 2,1880, thence Southwesterly along said Southeast line and its Northeasterly prolongation to the most Southerly corner of the Northeast half of the Southeast half of said Block 16; thence Northwesterly along the Southwesterly line of said Northeast half of the Southeast half to the most Westerly corner of said Northeast half of the Southeast half of said Block 11 16; thence Southwesterly along the Northwesterly line of the Southeast half of said Block 16 to the Northwest corner of the Southeast half of said Block 16; thence Southeasterly along the Southwest line or said Southeast half of Block 16 to the most Southerly corner of said Southeast half; thence Northeasterly along the Southeast line of said Southeast half of Block 16 for an intersection with the Northwesterly prolongation of the Northeasterly line of the Westerly 150.00 feet of Block 17 of said Map 535; thence Southeasterly along said Northwesterly prolongation and said Northeasterly line to the most Easterly corner of the Northwesterly 100.00 feet of said Westerly 150.00 feet of Block 17; thence Southwesterly along the Southeasterly line of said Northwesterly 100.00 feet and its Southwesterly prolongation to a point in the Southwesterly line of North east 150.00 of Block 18 said point being the most Southerly comer of land described in deed to John W. Rodgers, et al, recorded July 24,1975 as File No. 75- 193415; thence Southeasterly along the Southeasterly prolongation of the Southwesterly line of Rodger's land to an angle point in the Northerly Boundary of Tract 100 of Carlsbad Lands, Map 1661 being also a point on the Northwesterly boundary of land described in Parcel 1 in deed to Thelma B. Williams, et al, recorded March 9,1964 as File No. 43082; thence along the boundary of said Parcel 1 of said Williams deed Southwesterly 31.50 feet to the most Westerly corner thereof and Southeasterly 64.00 feet to the most Easterly corner of Parcel 2 of said Williams deed; thence leaving the boundary of said Parcel 1 and along the boundary of said Parcel 2, Southwesterly 148.50 feet to an angle point in the Southerly boundary of Tract 100 of said Map 1661; thence Southeasterly along said Southerly boundary of said Tract 100 to its most Southerly corner, thence Southeasterly in a straight line to the most Northerly comer of Block 20 in said Map 535; thence South 34°33'00" East along the Northeasterly line and the Southeasterly prolongation of the Northeasterly line of said Block 20,140.00 feet to the most Northeasterly corner of land described in deed to Ciebis Properties, a partnership recorded September 12,1977 as File No. 77-371495; thence along the boundary of said Ciebis; land as follows: Southeasterly 53.00 feet, more or less, to the most Easterly corner thereof; thence South 55°27'00" West 60.00 feet; thence South 34°33'00" East, 7.00 feet; thence South 55°27'00" West 60.00 feet to the most Northerly corner of land described in deed to Ciebis Properties, a partnership, recorded September 12,1977as File No. 77-371497; thence leaving the Ciebis land first above described and along the boundary of the Ciebis' land last described above, as follows: Southeasterly along the Northeasterly line thereof, 210.00 feet to the most Easterly corner thereof; thence South 55°27'00" West, 128.59 feet to the beginning of a tangent 10.00 foot radius curve, concave Northerly, thence Southwesterly Westerly and Northwesterly along said curve through a central angle of 90° an arc distance of 15.71 feet; thence leaving the boundary of said Ciebis' land Northwesterly in a straight line to the most Southerly corner of land described in deed to the State of California recorded August 25,1967 as file no. 128584; thence along the Westerly boundary of said State of California land North 30°39'55" West, 301.73 feet to the Northwesterly corner thereof; thence leaving the boundary of said State of California land Northerly in a straight line to the most Southerly corner of Tract 94 of Carlsbad Lands, Map 1661; thence Northeasterly along the Southerly line of said Tract 94 to the most Easterly corner of said Tract 94, being also the most Easterly corner of Block 13 of the Town of Carlsbad, in Map 535; thence Northwesterly along the Northeasterly line of said Block 13 to the most Northerly corner of said Block 13; thence Northwesterly in a straight line to the most Easterly corner of Block 8 of said Town of Carlsbad, according to said Map 535; thence Northwesterly along the Northeasterly line of said Block 8 to the most Northerly corner thereof; thence continuing Northwesterly in a straight line to the most Easterly corner of Block 7 of said Map 535; thence Northwesterly along the Northeasterly line of said Block 7 to the most Northerly corner thereof; thence continuing Northwesterly in a straight line to the most Easterly corner of Lot 86 of said Granville Park No. 2, according to said Map No. 2037; thence continuing Northwesterly along the Northeasterly lines of Lots 86, 87, 88, 89, 90, 91, 92, 93, and 94; thence continuing Northwesterly in a straight line across Lots 95, 96, and 97 to a point on the Westerly prolongation of the Northerly line of Cypress Avenue as shown on said Map No. 2037; thence along said line of Cypress Avenue as shown on said Map No. 2037; thence along said Westerly prolongation to the Southerly line of Del Mar Avenue as shown on said Map No. 2037; thence Westerly along said Southerly line to a point in the Southwesterly line of said Lot 74 being the Southwesterly terminus of a line in the Northwesterly boundary of said Lot 74 with a distance of 70.21 feet; thence leaving the boundary of said Lot 74, continuing Northwesterly in a straight line to the most Southerly comer of Lot 69 of said Map 2037; thence continuing Northwesterly along the Southwesterly lines of Lots 69, 68, 67, 66, that portion of La Cresta Avenue adjoining Lots 66 and 61, Lot 61, 60, 59 and 58 to the Point of the Beginning. IV LagtplaLDr; /''.; Carlsbad Village 0 300 600 1,200 I Feet 1 CITY COUNCIL RESOLUTION NO. 2009-158 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A MINOR LOCAL COASTAL PROGRAM AMENDMENT FOR THE VILLAGE SEGMENT 4 OF THE CARLSBAD LOCAL COASTAL ZONE THROUGH MINOR AMENDMENTS AND REVISIONS TO THE VILLAGE MASTER PLAN 5 AND DESIGN MANUAL AND RELATED ZONE CODE AMENDMENTS TO ADDRESS EXPIRATION OF THE VILLAGE 6 REDEVELOPMENT PLAN. 7 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS/LOCAL COASTAL PROGRAM AMENDMENT 8 CASE NO: LCPA 9S-10(aXl VZCA 95-10(aXn 9 WHEREAS, the Carlsbad Redevelopment Agency and City of Carlsbad have filed a verified •, Q application for an amendment to the Local Coastal Program for the Village Redevelopment Segment of the Carlsbad Local Coastal Zone (and for all properties located within the Village Review Area) by 11 adoption of amendments to the Village Master Plan and Design Manual and related zone code amendments by the Housing and Redevelopment Commission and City Council respectively; and 12 WHEREAS, said verified application constitutes a request for amendment as provided in Public 13 Resources Code Sections 30510 et.seq.; and 14 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 15 Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA Guidelines. 17 WHEREAS, the Design Review Board did recommend approval of the subject application and \ g exempt determination at their regular meeting on April 27, 2009; and 19 WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly noticed public hearing prescribed by law to consider the recommendation and heard all persons interested 20 in or opposed to proposed Local Coastal Program Amendment through amendments to the Village Master Plan and Design Manual and related Zone Code Amendments (LCPA 95-10(aXl)/ZCA 95- 21 10(aXl)); and r\r\ WHEREAS, at said public hearing, upon hearing and considering all testimony and argumenets, if any, of all persons desiring to be heard, the City Council considered all factors relating to said Local Coastal Program Amendment and environmental determination. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 25 California as follows: 26 1 • That the foregoing recitations are true and correct. 27 2. That based on the evidence presented at the public hearings and within the Design Review Board Staff Report dated April 27, 2009, the City Council APPROVES LCPA 95-10(aXl), 28 which includes amendments to the Village Master Plan and Design Manual and related Zone Code Amendments, and as recommended for approval by the Design Review Board in Resolutions 339, 340, and 341. 3. That the City Council finds the proposed amendments to the Local Coastal Program for the Village Redevelopment segment of the Carlsbad Local Coastal Zone are necessary to ensure 4 the continued success of the revitalization of the area following expiration of the Village Redevelopment Plan. 5 4. That the City Council finds that the proposed amendments to the Local Coastal Program 6 provides for the maintenance of public access to local coastal resources and will have no negative impact on these resources. 7 5. That the proposed amendments are consistent with the Carlsbad General Plan, as amended, ° and the Local Coastal Program Land Use Plan for the Village segment of the Carlsbad Coastal Zone. ,„ 6. That the Housing and Redevelopment Director is directed to prepare and file an application to the California Coastal Commission, without undue delay, to approve an amendment to the Local Coastal Program for the Village Redevelopment segment of the Carlsbad Local Coastal Zone as set forth herein. 12 // 13 // 14 // 15 // 16 // 17 // 18 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 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 Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of June 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None LORRAINE M>WOOD, Ctfy Clerk Karen R. Kundtz, Assistafn City Clerk (SEAL) i 1 CITY COUNCIL RESOLUTION NO. 2009-159 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING ZONE CODE AMENDMENTS (CHAPTERS 21.35, 21.41 AND 21.81) TO MAKE 4 MINOR HEADING AND/OR LANGUAGE MODIFICATIONS FOR CONSISTENCIES WITH THE VILLAGE MASTER PLAN AND DESIGN 5 MANUAL TO ADDRESS EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO : ZCA 95-10faXl VLCPA 95-10(axl) 8 _ WHEREAS, in accordance with Carlsbad Municipal Code, Title 21, Chapter 21.52, Section 21.52.020, the Carlsbad Redevelopment Agency has prepared amendments to Carlsbad Municipal Code Title 21, Chapters 21.35, 21.41, and 21.81 to make minor heading and/or language modifications and/or additions to address expiration of the Village Redevelopment Plan; and 11 WHEREAS, the proposed amendments are set forth in Ordinance Nos< CS-037 t CS-038 12 anc CS-039 hereby noted as Exhibits "X", "Y" and "Z", respectively, dated March 30, 2009, and attached hereto - ZCA 95-10(aXl) together with the legislative drafts; and 13 WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public 14 hearing as prescribed by law to consider said request and had recommended approval of the proposed zone code amendments ZCA 95-10(aXl); and i *J WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 1 „ Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA Guidelines. WHEREAS, the City Council did on the date of this resolution hold a duly noticed public hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of 20 the Design Review Board; and 21 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 submitted by staff, and considering any 22 written comments received, the City Council considered all factors relating to the Zone Code Amendment. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 24 California as follows: 25 a) That the foregoing recitations are true and correct. 26 b) That based on the evidence presented at the public hearings and set forth in the Design Review Board Staff Report dated April 27, 2009, the Council hereby APPROVES the zone 27 code amendments ZCA 95-10(aXl) and INTRODUCES Ordinance Nos. CS-037 , CS-038, and _ CS-039 approving ZCA 95-10(aXl), subject to the findings and conditions 28 set forth in Design Review Board Resolution No. 338, dated April 27, 2009. c) The proposed amendments will be effective thirty (30) days after approval date, in all areas of the Village, except those areas of the Village which are located in the Coastal Zone. For properties in the Coastal Zone, the amendments will not be effective until approved and T certified by the California Coastal Commission. 4 // 5 // 6 // // // 10 // 11 // 12 // 13 // 14 •// 15 // 16 // 17 // 18 19 // 20 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 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 Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of June 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None Mayor ATTEST: LOR^INEWvV0OD,<gty Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) ^,>•"£ o . "*" ls> Chapter 21.35 Legislative Draft (dated March 30, 2009) Chapter 21.35 V-R VILLAGE REDEVELOPMENT REVIEW ZONE 21.35.010 Intent and purpose. 21.35.020 Incorporation of redevelopment plan afl4-villaqe 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 Village Review permit. 21.35.080 Redevelopment Village Development projects. 21.35.085 Permit application. 21.35.090 Housing and redevelopment director action. 21.35.100 Design review boaf4Planning commission action. 21.35.110 Effective date of order-Appeal of design review board planning commission decision. 21.35.115 Housing and redevelopment commissioflCity Council 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 rodovolopment review zone is intended to establish land use classifications and develop standards and procedures for that unique area of the city described in the Carlsbad village area redevolopment plan, as adopted by city council Ordinance No. 9591 master plan and design manual and according to the map approved and on file in the Housing and Redevelopment and City Clerk offices. 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) 21.35.015 Village Redevelopment Plan Expiration Adopted on July 21. 1981. the Carlsbad Village area redevelopment plans has served together with the Village master plan and design manual to regulate land use and development in the Village area for the purpose of eliminating blight and blighting influences, and to revitalize the area. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment plan on July 21. 2009. the Carlsbad Village Redevelopment Project Area terminated and the Carlsbad Redevelopment Agency's authority to act pursuant to the redevelopment plan expired, with exception of the requirements to pay previously incurred indebtedness, to comply with Section 33333.8 of the California Health and Safety Code (for provision of affordable housing) and to enforce existing covenants, contracts or other obligations and to manage Agency-owned property. Modifications to the Village master plan and design manual were adopted by the Carlsbad Housing and Redevelopment Commission on and City Council on and hereby incorporated by reference into this chapter. These modifications transfer land use and development authority within the Village area from the Housing and Redevelopment Commission to the City of Carlsbad. The City Council has reaffirmed that the Carlsbad Village master plan and design manual together with implementing ordinances and policies shall continue to serve as the land use and development regulatory document for this unique Village Area to continue the revitalization effort. 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 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. 2007-273 on November 6, 2007 and modified by Carlsbad housing and redevelopment commission Resolution No. on . 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 area known as the Carlsbad village area, the boundaries of which are described in the Carlsbad village area redevelopment planmaster plan and design manual and according to map approved and on file in the Housing and Redevelopment and City Clerk offices. (Ord. NS-330 § 4 (part), 1995) 21.35.040 Permitted uses. Only those land 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 review 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 village review 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 Village review 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 village review permit. (Ord. NS-330 § 4 (part), 1995) 21.35.080 Redevelopment Village review projects. (a) Exempt Projects. No redevelopment village review 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 village review 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, unless such a 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 village review permits required for nonexempt projects. One permit for each type of fedevelopment project described as follows: (1) Administrative Redevelopment Village Review Project. An administrative redevelopment village review project is one which involves development with an estimated permit value of less than sixty thousand dollars, and requires no other discretionary approvals, except an administrative variance within the authority of either the director of planning or the director, including, but not limited to: (A) New construction of building(s) or addition(s) to the building footprint; 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 village review 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. (2) Minor Redevelopment Village Review Project. A minor redevelopmentvillage review project is one which does not qualify as an administrative redevelopment projectvillage review project and involves development with an estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. (3) Major Redevelopment Village Review Project. A major redevelopmentvillaqe review project is one which involves development 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 Village review permit for a non-exempt development 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 boardPlanning Commission and the housing and redevelopment commissionCitv Council. (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 village review permits for the village as defined in Section 21.35.080, subject to appeal to the design review boardPlanninq Commission. (c) After all necessary reports and recommendations have been received the director shall transmit the application for a minor or major redevelopment village review permit together with the reports and the recommendations of the appropriate departments to the design review boafdPlanning Commission for a public hearing. (d) The director shall transmit to the design review boardplanning commission 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 boaFdplanning commission shall serve as the appropriate approving bodies for projects within the village redevelopment review 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 boardplanning commission. (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 Planning commission action. (a) The design review boardplanning commission shall hold a public hearing on: (1) Appeals of decisions made by the director on administrative redevelopment village review permits for the village area as defined in Section 21.35.080 or administrative variances; (2) Minor or major redevelopment village review permits: and (3) Nonadministrative variances for which the board has final decision-making authority pursuant to Section 21.35.130(b). (b) For major redevelopment village review projects, the keafd-commission shall consider the evidence and by resolution report and recommend to the housing and redevelopment commissioncitv council approval, conditional approval, or denial of the project. Such resolution shall state, among other things, the facts and reasons why the koafd-commission 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 commissioncouncil. (c) The beafd-commission 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, condition approval, or denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village Master Plan and Design Manual and/or other policy documents specifically related to activities which benefit and/or otherwise impact the Village Area. —(Ord. NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995) 21.35.110 Effective date of order-Appeal of design review boardplanninq commision decision. The effective date of the design review board'splanning commission 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 commissionCity Council action. The housing and redevelopment commissioncitv council shall hold a public hearing on: (a) Any major redevelopment village review permit for which the design review boardplanninq commission has filed a report and recommendation with the city clerk; or (b) Any other matter made appealable to the commission council 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 village review permit shall be deemed to satisfy the requirements for such permit or approval; provided, however, that in considering the redevelopment village review permit for said project the director, design review boardplanninq commission and the housing and redevelopment commissioncitv council shall apply the provisions of this chapter and the provisions of this title 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 beaWplanning commission 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 boardplanninq commission. (d) No variance, determination of exemption or administrative, minor or major redevelopment village review 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 commissioncity council may grant variances from the limits, restrictions and controls established by this chapter for major redevelopment village review 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 planT 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 village review permit. (c) The design review boardplanning commission may grant variances from the limits, restrictions and controls established by this chapter for minor redevelopment review projects (or otherwise administrative projects consolidated or on appeal from a director decision), if the board commission 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) 21.35.140 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 rodovelopment 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 commissioncity council resolution, with a recommendation from the design review board-planning commission 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) lit Chapter 21.41 Legislative Draft Excerpt (dated 3/30/09) Chapter 21.41 SIGN ORDINANCE 21.41.010 Applicability. 21.41.010 Applicability. The provisions of this chapter shall apply generally to all zones established by this title. Properties and uses in the village redevelopment review (VR) zone are regulated first by the sign standards of the Carlsbad village redevelopment master plan and design manual, and then, to the extent not covered by said master plan and design manual, by the provisions of this chapter. Signs on public property, both within the village redevelopment zonereview zone and other zones, are controlled by city council policy. In those areas of the city where master plan or specific plan sign standards or sign programs were adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs and plans. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)), except that if any such sign program is proposed for amendment to increase overall sign area allowed, then the sign program must be amended to conform with all development and design standards of this chapter. Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS-606§1 (part), 2001) /7 Chapter 21.81 Legislative Draft (dated 3/30/09) Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REDEVELOPMENT REVIEW ZONE 21.81.010 Definitions. 21.81.020 Permit required. 21.81.030 Development exempt from coastal development permit procedures. 21.81.035 Repair and maintenance activities requiring a coastal development permit. 21.81.040 Application. 21.81.050 Duties of housing and redevelopment director-Exemptions-Emergency permits. 21.81.055 Administrative coastal development permits. 21.81.060 Transmittal to design review boardPlanninq Commission. 21.81.070 Design review boafdPlanning commission action. 21.81.080 Effective date of order-Appeal of design review beaf4Planning Commission decision. 21.81.090 Housing and redevelopment commissieflCity council action. 21.81.100 Public hearings. 21.81.110 Appeals to coastal commission. 21.81.115 Coastal development permits issued by the Coastal Commission. 21.81.120 Notice of final local action. 21.81.130 Effective date of permit. 21.81.140 Review of recorded documents. 21.81.150 Applications for emergency permits. 21.81.160 Expiration of coastal permits. 21.81.165 Amendment to coastal development permit. 21.81.010 Definitions. (a) Coastal Zone. "Coastal zone" means that portion of the Carlsbad coastal zone located within the area of the city described oo-injhe Carlsbad village master plan and design manual and shown on the map entitled Carlsbad Village segment of Carlsbad Coastal Zone dated and on file in the offices of Housing and Redevelopment and City Clerk.area redevelopment plan as adopted by the city of Carlsbad Ordinance No. 9591 and shown on the map entitled village redevelopment aroa segment of the Carlsbad coastal zone dated December 19, 1983 and on filo in the planning department. (b) Coastal Commission. "Coastal Commission" means the California Coastal Commission. (c) Development. "Development" means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the subdivision map act and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of private, public or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. (d) Major Energy Facility. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. (e) Major Public Works Project. "Major public works project" means any public works project as defined by Title 14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars in estimated cost of construction. (Amended during 2-04 supplement; Ord. NS- 675 §§ 78 (part), 2003; Ord. NS-330 § 6 (part), 1995) 21.81.020 Permit required. Unless a development is exempt from coastal development permit procedures pursuant to Section 21.81.030, no development shall occur in the coastal zone without a permit having first been issued according to the provisions of this chapter. (Ord. NS-330 § 6 (part), 1995) 21.81.030 Development exempt from coastal development permit procedures. (a) Categorical Exclusions. (1) A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610, shall be exempt from the requirement of this chapter. (2) The city council may designate by resolution, after a public hearing, categories of development which have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast. Development which has been so designated shall be categorically exempt from the provisions of this chapter. The designation of any categorical exemption shall not be effective until the exemption has been approved by the Coastal Commission. The housing and redevelopment director andplanning director shall keep a record of all permits issued for categorically exempt projects as specified in subsection (a)(1) of this section. (b) Exempt Projects. In addition to those projects categorically excluded pursuant to subsection (a), the following projects are exempt from the requirements of a coastal development permit: (1) Improvements to existing single-family residential building except: (A) On a beach, wetland or seaward of the mean high tide line where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks; (C) Any significant alteration of land forms including removal or replacement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsection (b)(3) of this section. For the purposes of this section an existing single-family residential building shall include all appurtenances and other accessory structures, including decks, directly attached to the residence; accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences, storage sheds but not including guest houses or self-contained residential units; landscaping on the lot. (2) Improvements to existing structures other than a single-family residence or public works facility except: (A) On a beach, wetland, stream or lake; seaward of the mean high tide line; where the structure or improvement would encroach within fifty feet of the edge of the coastal bluff; (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, any improvement that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by more than ten percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks; (C) Any improvement which changes the intensity of use of a structure; and (D) Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of the edge of a coastal bluff or stream except as provided in subsection (b)(3) of this section. (3) The following improvements are exempt from the requirements of a coastal permit regardless of location: (A) Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas; (B) Additions resulting in a cumulative increase of less than ten percent of the internal floor area of an existing structure; (C) Repair or maintenance activities not described in Section 21.81.035; (D) Activities of public utilities as specified in the repair, maintenance and utility hook-up exclusion adopted by the Coastal Commission, September 5,1978, and as modified from time to time. (Ord. NS-330 § 6 (part), 1995) 21.81.035 Repair and maintenance activities requiring a coastal development permit. (a) The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse environmental impact: (1) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: (A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; (B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; (C) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or (D) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. (2) Any method of routine maintenance dredging that involves: (A) The dredging of one hundred thousand cubic yards or more within a twelve-month period; (B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or (C) The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. (3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include: (A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; (B) The presence, whether temporary or permanent, of mechanized equipment or construction materials. All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to those activities specifically described in the document entitled repair, maintenance, and utility hook-ups, adopted by the Coastal Commission on Septembers, 1978. (b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. (Ord. NS-330 § 6 (part), 1995) 21.81.040 Application. Application for a coastal development permit shall be made in accordance with the procedures set forth in this section. (a) An application for a permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the director upon forms provided by the director and shall be processed in accordance with Section 21.54.01 Oof this code. (b) At the time of filing the application the applicant shall pay a processing fee in an amount specified by city council resolution. (c) 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 boardplanninq commission and the housing and redevelopment commissioncitv council. 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. (d) Whenever the development would require a permit or approval under the provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal permit may be consolidated into one application. (e) The director may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantially lessen any significant effect on the environment which may be caused by the development. (Ord. NS-330 § 6 (part), 1995) 21.81.050 Duties of housing and redevelopment director-Exemptions-Emergency permits. (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 21.81.030. No permit shall be required for a project which is exempt from the requirements of this chapter. 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 coastal zone, the location of the project, and a brief description of the project. The record shall also include the reason for exemption. The director shall determine the exemption based on the certified local coastal program, including maps, categorical exclusions and other exemptions, land use designations and zoning ordinances. The director shall inform the applicant whether the project is exempt (and whether in the "appealable area," if not exempt) within ten calendar days of the determination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with the determination, the applicant (or director) can request the opinion of the Coastal Commission's executive director in accordance with 14 Code of California Regulations Section 13569. (b) The director may issue emergency permits in accordance with Section 21.81.150. (Ord. NS- 330 § 6 (part), 1995) 21.81.055 Administrative coastal development permits. (a) The director may issue all coastal development permits related to administrative redevelopment village review permits and administrative variances as defined in Sections 21.35.070 and 21.35.090(e) of this code. The coastal development permit shall be processed concurrently with the administrative redevelopment village review permit. If the project includes permits or other discretionary approvals outside the director's administrative permit authority, the administrative permit aspects shall be consolidated with the other matters and submitted to the design review boardplanninq commission in accordance with Section 21.81.060. (b) If the project is in the nonappealable area of the coastal zone, the director shall give notice of pending development approval in writing, within ten calendar days after the application is complete, as follows: (1) Contents. The notice shall include all the matters required by 14 Code of California Regulations Section 13568 (b), including statement of a public comment period of at least ten calendar days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. (2) Recipients. The notice shall be sent by first class mail to: (A) Any person requesting to be on the mailing list for the project or for coastal decisions; and (B) All property owners and residents within one hundred feet of the project perimeter; and (C) The Coastal Commission. (c) The director may approve, approve with conditions, or deny the permit. The decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). (d) The director's decision shall be the final local action and shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The director shall give notice of the final local decision in accordance with Section 21.81.120 of this code. (e) The effective date of the director's decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this code. The director shall give notice of final local decision on the appeal in accordance with Section 21.81.120. (f) If the project is within the appealable area of the coastal zone, the director shall give notice of a public hearing to be held before the director to consider said application in accordance with Section 21.81.100. The notice shall contain the matters and be mailed at the time and in the manner required by 14 CCR Section 13565. The director shall conduct the public hearing generally in the same manner as a public hearing before the design review boardplanninq commission. Following the public hearing before the director, the director shall issue a written notice of the decision in the same manner and to the same persons as for a nonappealable area decision set forth in subsections (c) and (d) of this section. The director's decision may be appealed in writing to the design review boardplanning commission in the same manner as for nonappealable area decision set forth in subsection (e) of this section. The director shall give notice of the final local decision in accordance with Section 21.81.120. (g) If the project does not qualify for an exemption, an administrative permit or an emergency permit then the director shall set the matter for a public hearing before the design review koap4planninq commission. The coastal permit may be set for hearing concurrently with any other discretionary permit or approval for the project. (Ord. NS-675 § 66, 2003; Ord. NS-330 § 6 (part), 1995) 21.81.060 Transmittal to design review boardplanning commission. Unless the development is exempt, qualifies for an emergency permit, or qualifies for an administrative redevelopmentvillaqe review/coastal development permit, the director shall transmit the application, together with a recommendation thereon, to the design review keafctplanninq commission and give notice for public hearing thereon in accordance with Sections 21.54.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary permit or approval required for the project. (Ord. NS-330 § 6 (part), 1995) 21.81.070 Design review boardPlanninq commission action. After a public hearing the design review board planning commission may approve, conditionally approve or deny the application, unless the application includes a major redevelopment village review permit. If the application includes a major village review redevelopment permit, the board's commission's action shall be a recommendation to the housing and redevelopment commissioncity council. No recommendation for approval, approval or conditional approval shall be given unless the design review boardplanninq commission finds that the development is consistent with the provisions of the local coastal program for the coastal zone and, if applicable, in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act. (Ord. NS-330 § 6 (part), 1995) 21.81.080 Effective date of order-Appeal of design review boardplanning commission decision. (a) The effective date of the design review board'splanninq commission's decision and the method for appeal of such decision shall be governed by Section 21.54.150 of this code. (b) The decision of the housing and redevelopment commissioncity council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the development for which a coastal development permit also requires other discretionary permits or approvals for which the design review boardplanninq commission is not given final approval authority, then the design review boardplanninq commission action on the coastal development permit shall be deemed a recommendation to the housing and redevelopment commissioncitv council. (Ord. NS-675 § 67, 2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6 (part), 1995) 21.81.090 Housing and redevelopment commissionCity Council action. If the application for the coastal development permit is for a major redevelopmentvillage review/coastal development, is consolidated with other discretionary permits or approvals, pursuant to this code for which the design review boardplanning commission does not have final approval authority, or is a timely appeal, the housing and redevelopment commissioncitv council shall hold a public hearing on the coastal development permit application. At the public hearing, the housing and redevelopment commissioncitv council shall consider the design review board'splanninq commision's action or recommendation, shall consider the evidence presented at the public hearing, review the matter, and shall approve, conditionally approve or disapprove the coastal development permit, approval or appeal. No approval or conditional approval shall be given unless the housing and redevelopment commissioncitv council finds that the development is consistent with the provisions of the Carlsbad village area redevelopment plan and the village master plan and design manual as certified by the Coastal Commission and which constitute the local coastal program, and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. The decision of the housing and redevelopment commissioncitv council is final. (Ord. NS-330 § 6 (part), 1995) 21.81.100 Public hearings. Whenever a public hearing is required by this chapter, notice of the hearing shall be given as provided in Sections 21.54.060(1) and 21.54.061 of this code. When the hearing on a coastal development permit is consolidated with the hearing on a tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. (Ord. NS-330 § 6 (part), 1995) 21.81.110 Appeals to coastal commission. (a) The following developments, due to their type or location, are within the appeal jurisdiction of the Coastal Commission. Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless otherwise noted. Exhaustion of all local appeals must occur before an application may be appealed to the commission. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning department. (1) Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance. (2) Developments on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream. (3) Any decision approving or denying a development which constitutes a major public works project or a major energy facility. (b) The appeal shall be filed at the local district office not later than twenty working days after the date of the receipt of the noticed final local action by that district office. No city permit shall be issued or deemed approved until an appeal, if any, to the Coastal Commission has been resolved. (c) Nonappealable Development. Decisions on applications for developments which are not of the type described above are not appealable to the Coastal Commission. Decisions denying any Coastal Act permit for an appealable development described above are not appealable to the Coastal Commission with the exception of decisions on major public works projects and major energy facilities. (Ord. NS-330 § 6 (part), 1995) 21.81.115 Coastal development permits issued by the Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning department. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain discretionary approvals required by this code prior to filing an application with the Coastal Commission for said coastal development permit. (Ord. NS-330 § 6 (part), 1995) 21.81.120 Notice of final local action. Within seven working days of a final local action on an application for any coastal development, or any approval which occurs by operation of law, the director shall provide notice of the action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting an addressed, stamped envelope to the city. Such notice shall include any conditions of approval and written findings and, if the matter is appealable to the Coastal Commission, procedures for appeal of the local action to the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 21.81.130 Effective date of permit. Coastal development permits for projects which are not appealable to the Coastal Commission shall be valid upon the mailing of the notice of final local action unless the notice of final local action does not comply with the requirements of Section 21.81.120. Coastal development permits for projects which are appealable to the Coastal Commission shall be valid upon the expiration of twenty working days from the date of receipt at the local district office of the notice of final local action provided that the notice complies with the requirements of Section 21.81.120 and, further provided, that an appeal of the decision has not been filed with the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 21.81.140 Review of recorded documents. (a) All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall not be effective until completion of the following procedures: (1) The city council shall review, revise if necessary, and accept the easement or land; (2) The city clerk shall record the requisite legal documents; (3) The city clerk, upon recordation of the documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or city department shall be responsible for the operation and maintenance of the accessway or open space/conservation area, to the executive director of the Coastal Commission. (b) All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to review and approval by the executive director of the Coastal Commission. (1) Upon completion of permit review by the city and prior to the issuance of the permit, the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (2) The executive director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (3) The city may issue the permit upon expiration of the fifteen working day period if notification of inadequacy has not been received by the city within that time period; and (4) If the executive director has recommended revision to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director. (Ord. NS-330 § 6 (part), 1995) 21.81.150 Applications for emergency permits. (a) Applications in case of emergency shall be made by letter to the director or in person or by telephone, if time does not allow. Emergency means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (b) The following information shall be included in the request: (1) Nature of the emergency; (2) Cause of the emergency, insofar as this can be established; (3) Location of the emergency; (4) The remedial, protective or preventive work required to deal with the emergency; and (5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. (c) The director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. (d) The director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. (e) The director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the director finds that: (1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; (2) Public comment on the proposed emergency action has been reviewed, if time allows; and (3) The work proposed would be consistent with the requirements of the certified land use plan. (f) The director shall report, in writing, to the design review boardplanning commission, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the director subject to the provisions of this chapter. (g) Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal Commission for review and issuance. (Ord. NS-330 § 6 (part), 1995) 21.81.160 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals, but in no event shall this period exceed five years without extension of time, if a building permit has not been issued for the project. Should the project require no permits or approvals other than a coastal development permit, the coastal development permit shall expire one year from its date of approval if a building permit has not been issued for the project during that time. Not more than ninety or less than forty-five days prior to the expiration of a coastal development permit the permittee may apply to the design review boardplanninq commission for an extension of the permit. The application for an extension shall be processed pursuant to the provisions of Sections 21.81.070, 21.81.100 and 21.81.110 of this chapter. An extension shall be approved only if it is found that there has been no change of circumstances in relation to coastal resources since the original granting of the permit. If the design review boardplanninq commission finds that there has been a change of circumstances in relation to coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally approved. The decision of the design review boardplanning commission may be appealed pursuant to the provisions of Section 21.81.080. If a complete application for an extension has been timely filed, the design review boardplanninq commission or the housing and redevelopment commissioncity council on appeal may grant the extension after the expiration date provided that the final decision is made not later than forty-five days after the expiration date. (Ord. NS-330 § 6 (part), 1995) 21.81.165 Amendment to coastal development permit. An amendment to a coastal development permit issued by the city shall be processed in the same manner as an original application for a coastal development permit. (Ord. NS-330 § 6 (part), 1995) \u Exhibit "X" (dated 3/30/09) 1 ORDINANCE NO. CS-037 2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF 3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD 4 MUNICIPAL CODE CHAPTER 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO ADD/REMOVE LANGUAGE FROM 5 CHAPTER 21.35 THAT REFERS TO THE CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN AND/OR PROJECT AREA. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO: _ . 8 The City Council, does ordain as follows: , ft Section I: That Chapter 21.35 of the Carlsbad Municipal Code is amended to read as j 1 follows: 12 Chapter 21 .35 V-R VILLAGE REVIEW ZONE 13 21.35.010 Intent and purpose. 14 21.35.020 Incorporation of village master plan and design manual by reference. ,e 21 .35.030 Land affected by this chapter. 21.35.040 Permitted uses.16 21.35.050 Provisional uses. 17 21.35.060 General regulations. 18 21 .35.070 Village Review permit. ig 21 .35.080 Village Development projects. 20 21 .35.085 Permit application. 21 21 .35.090 Housing and redevelopment director action. 22 21.35.100 Planning commission action. 2-> 21 .35. 110 Effective date of order-Appeal of planning commission decision. 21 .35.1 1 5 City Council action.24 - - 21.35.117 Notice of public hearings. 25 21 .35.120 Consolidation of other permits and discretionary approvals-Findings 26 reguirements. 27 21.35.130 Variances. 21.35.140 Compliance with other provisions of this code.28 21 .35.1 50 Amendments. 2 21.35.010 Intent and purpose. o The village review zone is intended to establish land use classifications and develop standards and procedures for that unique area of the city described in the Carlsbad , village master plan and design manual and according to the map approved and on file in the Housing and Redevelopment and City Clerk offices. This zone adopts the land use classifications and development standards of the Carlsbad village master plan and design manual as the zoning for the area designated. (Ord. NS-330 §4 (part), 1995) 6 21 .35.01 5 Village Redevelopment Plan Expiration Adopted on July 21 , 1981 , the Carlsbad Village area redevelopment plans has served together with the Village master plan and design manual to regulate land use and development in the Village area for the purpose of eliminating blight and blighting influences, and to revitalize the area. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment plan on July 21 , 2009, the Carlsbad 1 0 Redevelopment Project Area terminated and the Carlsbad Redevelopment Agency's authority to act pursuant to the redevelopment plan expired, with exception of the 1 1 requirements to pay previously incurred indebtedness, to comply with Section 33333.8 of the California Health and Safety Code (for provision of affordable housing) 12 and to enforce existing covenants, contracts or other obligations and to manage Agency-owned property. Modifications to the Village master plan and design manual were adopted by the Carlsbad Housing and Redevelopment Commission on June 23, 2009 and City Council on June 23, 2009 and hereby incorporated by reference into this chapter. These modifications transfer land use and development authority within the Village area from the Carlsbad Housing and Redevelopment Commission to the , c City of Carlsbad. The City Council has reaffirmed that the Carlsbad Village master plan and design manual together with implementing ordinances and policies shall , continue to serve as the land use and development regulatory document for this unique Village Area to continue the revitalization effort. 17 21 .35.020 Incorporation of village master plan and design manual by reference. The village master plan and design manual as adopted by Carlsbad housing and redevelopment commission Resolution No. 271 on November 21, 1995, and modified 20 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 21 modified by Carlsbad housing and redevelopment commission Resolution No. 2007- 273 on November 6, 2007 and modified by Carlsbad housing and redevelopment 22 commission Resolution No. 470 on June 23, 2009 are hereby adopted by reference and incorporated into this chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 §11, 1998: 23 Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 § 4 (part), 1995) 24 21 .35.030 Land affected by this chapter.25 This chapter shall apply only to lands located within the boundaries of the area known as the Carlsbad village area, the boundaries of which are described in the Carlsbad village master plan and design manual and according to map approved June 23, 2009 and on file in the Housing and Redevelopment and City Clerk offices. (Ord. NS- 27 330 §4 (part), 1995) 28 -2- 1 21.35.040 Permitted uses. 2 Only those land uses specified in the Carlsbad village master plan and design manual as permitted uses for particular property in the village review area shall be permitted. 3 (Ord. NS-330 § 4 (part), 1995) 4 21.35.050 Provisional uses. Uses permitted as provisional uses by the Carlsbad village area master plan and design manual shall be permitted upon issuance of a village review permit approved according to this chapter. (Ord. NS-330 § 4 (part), 1995)6 21.35.060 General regulations. 7 Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad village master plan and design manual, the regulations of this title which 8 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) Q 21.35.070 Village review permit. 10 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 village review permit. (Ord. NS-330 § 4 (part), 1995) 21.35.080 Village review projects. (a) Exempt Projects. No village review permit shall be required for an exempt project. 1 - 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 village review 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 15 (2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal floor area; and/or 16 (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 17 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 19 permit; and/or (6) Activities of public utilities regulated by a government agency; and/or on (7) A project that requires no variance of any type; and/or (8) Demolition of a structure, unless such a 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 village review permits required for nonexempt projects. One permit for each type of development project described as follows: 23 (1) Administrative Village Review Project. An administrative village review project is one which involves development with an estimated permit value of less than sixty 24 thousand dollars, and requires no other discretionary approvals, except an administrative variance within the authority of either the director of planning or the 25 director, including, but not limited to: (A) New construction of building(s) or addition(s) to the building footprint; and/or 26 (B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or 27 (C) Provisional land uses, where a minor or major village review 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 -3- * (E) Signs for existing businesses or facilities; and/or (F) Repair or maintenance activities which are not exempt projects. 2 (2) Minor Village Review Project. A minor village review project is one which does not qualify as an administrative village review project and involves development with an 3 estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. 4 (3) Major Village Review Project. A major village review project is one which involves development with an estimated permit value of one hundred fifty thousand dollars or 5 more. (Ord. NS-330 § 4 (part), 1995) 21.35.085 Permit application.6 (a) An application for a Village review permit for a non-exempt development project 7 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 Q 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 10 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 11 case infringe upon the free exercise of the powers vested in the city as represented by the Planning Commission and the City Council. 12 (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 13 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 I,- requirements of this chapter. The director shall determine the exemption based on the certified local coastal 1 _ 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 1 ° protect the public health, safety and welfare. The director shall inform the applicant whether the project is exempt within ten 19 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 20 resolution process as provided in Section 21.81.050). The director shall maintain a record of all determinations made on projects exempt 21 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, 22 and a brief description of the project. The record shall also include the reason for exemption. 23 (b) The director may approve, conditionally approve or deny administrative village review permits for the village as defined in Section 21.35.080, subject to appeal to the Planning Commission. (c) After all necessary reports and recommendations have been received the director shall transmit the application for a minor or major village review permit together with the reports and the recommendations of the appropriate departments to the Planning Commission for a public hearing. 2" (d) The director shall transmit to the planning commission all timely appeals on administrative permits and administrative variances. 27 (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 28 with the procedures provided in Chapter 21.51 of this code, except that the director -4- 1 and the planning commission shall serve as the appropriate approving bodies for projects within the village review area. If the project includes other discretionary 2 approvals outside the director's authority, the director shall set the consolidated project for public hearing by the planning commission. 3 (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 4 code. (Ord. NS-675 § 33, 2003; Ord. NS-330 § 4 (part), 1995) 21.35.100 Planning commission action. (a) The planning commission shall hold a public hearing on: 5 (1) Appeals of decisions made by the director on administrative village review permits for the village area as defined in Section 21.35.080 or administrative variances; 7 (2) Minor or major village review permits; and (3) Non-administrative variances for which the board has final decision-making o authority pursuant to Section 21.35.130(b). (b) For major village review projects, the commission shall consider the evidence and by resolution report and recommend to the city council approval, conditional approval, " or denial of the project. Such resolution shall state, among other things, the facts and reasons why the commission determined the approval, conditional approval or denial 10 to be consistent with this chapter. The action to approve, conditionally approve or deny is advisory to the council. 11 (c) The commission shall have sole authority to consider the evidence and by resolution report and recommend to the city council approval, condition approval, or 12 denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village Master Plan and Design Manual and/or other policy documents specifically related to 13 activities which benefit and/or otherwise impact the Village Area. (Ord. NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995) 14 21.35.110 Effective date of order-Appeal of Planning Commission decision. The effective date of the planning commission decision and method for appeal of 15 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) 17 21.35.115 City Council action. , o The city council shall hold a public hearing on: (a) Any major village review permit for which the planning commission has filed a report and recommendation with the city clerk; or 1" (b) Any other matter made appealable to the council by this chapter and which has been timely appealed. (Ord. NS-330 § 4 (part), 1995) 21.35.117 Notice of public hearings. 21 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) 22 21.35.120 Consolidation of other permits and discretionary approvals- 23 Findings requirements. (a) Whenever a project would require a permit or approval under the provisions of this 24 title and/or Title 20 notwithstanding this chapter, the village review permit shall be deemed to satisfy the requirements for such permit or approval; provided, however, 25 that in considering the village review permit for said project the director, planning commission and the city council shall apply the provisions of this chapter and the 26 provisions of this title otherwise applicable to such other permit or approval for the project. 27 (b) Whenever a project consists only of exemption determinations and/or administrative permits or administrative variances within the authority of either the ~R director of planning or the director, they shall be consolidated and considered by the director, subject to appeal to the planning commission with regard to determinations -5- other than exemptions. (c) If the project includes permits or other discretionary approvals outside the 2 director's administrative permit or administrative variance authority, the administrative permit and/or administrative variance aspects shall be consolidated with the other 3 matters and submitted to the planning commission. (d) No variance, determination of exemption or administrative, minor or major village 4 review 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 5 conditionally approved is consistent with this code, the general plan, and the village master plan and design manual. (Ord. NS-330 § 4 (part), 1995) 6 21.35.130 Variances. 7 (a) The city council may grant variances from the limits, restrictions and controls established by this chapter for major village review permits if the commission finds g 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 11 is located and is subject to any conditions necessary to assure compliance with this finding; 12 (3) The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; 13 (4) The variance is consistent with the general purpose and intent of the general plan and the Carlsbad village master plan and design manual; 14 (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 * s- 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 village review permit. (c) The planning commission may grant variances from the limits, restrictions and controls established by this chapter for minor review projects (or otherwise administrative projects consolidated or on appeal from a director decision), if the 19 commission makes the variance findings set forth in subsection (a) of this section. (d) The director may grant administrative variances in accordance with Section 20 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)o i 21.35.140 Compliance with other provisions of this code. 22 Projects developed pursuant to this chapter shall be subject to the provisions of the village master plan and design manual and all other applicable provisions of the 23 Carlsbad Municipal Code, including but not limited to those provisions of Titles 18,19 and 20. (Ord. NS-330 § 4 (part), 1995) 24 21.35.150 Amendments. ~<. Amendments to 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 2" of this code. Amendment of the village master plan and design manual by city council resolution, with a recommendation from the planning commission shall be deemed to 27 satisfy the requirements of Chapter 21.52 of this code, provided all other requirements are met. (Ord. NS-330 § 4 (part), 1995) 28 -6- Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the 2 Village outside of the Coastal Zone. For areas of the Village within the Coastal Zone, this ordinance is 3 not effective until approved by the Executive Director and/or California Coastal Commission. 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 -7- Exhibit "Y" (dated 3/30/09) 1 ORDINANCE NO. CS-038 2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 4 21.41.010 OF CARLSBAD MUNICIPAL CODE SECTION CHAPTER 21.41 (SIGN ORDINANCE) TO ADD/REMOVE LANGUAGE FROM 5 SECTION 21.41.010 OF CHAPTER 21.41 THAT REFERS TO THE CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO: 8 The City Council, does ordain as follows: Section I: That section 21.41.010 of Chapter 21.41 of the Carlsbad Municipal Code is i - amended to read as follows: 12 Chapter 21.41 SIGN ORDINANCE 13 21.41.010 Applicability. 14 21.41.010 Applicability. The provisions of this chapter shall apply generally to all zones established by this title. Properties and 15 Uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design 16 manual, by the provisions of this chapter. Signs on public property, both within the village review zone and other zones, are controlled by city council policy. 17 In those areas of the city where master plan or specific plan sign standards or sign programs were 18 adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs 19 and plans. 20 All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)), except that if any 21 such sign program is proposed for amendment to increase overall sign area allowed, then the sign program must be amended to conform with all development and design standards of this chapter. 79 Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, 23 procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS-606 § 1 (part), 2001)24 25 26 27 28 Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the 2 Village outside the Coastal Zone. The ordinance will not become effective in the Coastal Zone until 3 approved by the Executive Director and/or California Coastal Commission. 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 // Exhibit "Z" (dated 3/30/09) 1 ORDINANCE NO. CS-039 2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF 3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD 4 MUNICIPAL CODE CHAPTER 21.81 (COASTAL DEVELOPMENT PERMITS-VILLAGE DEVELOPMENT AREA) TO ADD/REMOVE 5 LANGUAGE FROM CHAPTER 21.81 THAT REFERS TO THE CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO: 8 The City Council, does ordain as follows: ,Q Section I: That Chapter 21.81 of the Carlsbad Municipal Code is amended to read as j ^ follows: 12 Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REVIEW 13 Z°NE 21.81.010 Definitions. 14 21.81.020 Permit required. 21.81.030 Development exempt from coastal development permit procedures. 21.81.035 Repair and maintenance activities requiring a coastal development permit. 17 21.81.040 Application. 18 21.81.050 Duties of housing and redevelopment director-Exemptions-Emergencv permits. 19 21.81.055 Administrative coastal development permits. 20 21.81.060 Transmittal to Planning Commission. 21.81.070 Planning commission action.21 21.81.080 Effective date of order-Appeal of Planning Commission decision. 22 21.81.090 City council action. 23 21.81.100 Public hearings. 21.81.110 Appeals to coastal commission. 25 21.81.115 Coastal development permits issued by the Coastal Commission. 26 21.81.120 Notice of final local action. 27 21.81.130 Effective date of permit. ~0 21.81.140 Review of recorded documents./o 21.81.150 Applications for emergency permits. 2 21.81.160 Expiration of coastal permits. 3 21.81.165 Amendment to coastal development permit. 4 21.81.010 Definitions. (a) Coastal Zone. "Coastal zone" means that portion of the Carlsbad coastal zone 5 located within the area of the city described in the Carlsbad village master plan and design manual and shown on the map entitled Carlsbad Village segment of Carlsbad 6 Coastal Zone dated and on file in the offices of Housing and Redevelopment and City Clerk. 7 (b) Coastal Commission. "Coastal Commission" means the California Coastal Commission. (c) Development. "Development" means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the subdivision map act and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, 12 including any facility of private, public or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, 13 and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 14 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone 5 line, and electric power transmission and distribution line. (d) Major Energy Facility. "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. i 7 (e) Major Public Works Project. "Major public works project" means any public works project as defined by Title 14 California Code of Regulations Section 13012 and exceeding one hundred thousand dollars in estimated cost of construction. (Amended during 2-04 supplement; Ord. NS-675 §§ 78 (part), 2003; Ord. NS-330 § 6 (part), 19 1995> 21.81.020 Permit required. 20 Unless a development is exempt from coastal development permit procedures pursuant to Section 21.81.030, no development shall occur in the coastal zone 21 without a permit having first been issued according to the provisions of this chapter. (Ord. NS-330 § 6 (part), 1995) 22 21.81.030 Development exempt from coastal development permit 23 procedures. (a) Categorical Exclusions. 24 (1) A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources 25 Code Section 30610, shall be exempt from the requirement of this chapter. (2) The city council may designate by resolution, after a public hearing, categories of 25 development which have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast. Development which has been so designated shall be categorically exempt from the provisions of this chapter. The designation of any categorical exemption shall not be effective until the exemption has been approved by the Coastal Commission. The housing and redevelopment director and planning director shall keep a record of all -2- -"• permits issued for categorically exempt projects as specified in subsection (a)(1) of this section. 2 (b) Exempt Projects. In addition to those projects categorically excluded pursuant to subsection (a), the following projects are exempt from the requirements of a coastal 3 development permit: (1) Improvements to existing single-family residential building except: 4 (A) On a beach, wetland or seaward of the mean high tide line where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; 5 (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide 6 of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, 7 improvement that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less o where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as " garages, fences, shoreline protective works or docks; (C) Any significant alteration of land forms including removal or replacement of 10 vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsection (b)(3) of this section. 11 For the purposes of this section an existing single-family residential building shall include all appurtenances and other accessory structures, including decks, directly 12 attached to the residence; accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences, 13 storage sheds but not including guest houses or self-contained residential units; landscaping on the lot. 14 (2) Improvements to existing structures other than a single-family residence or public works facility except: i 5 (A) On a beach, wetland, stream or lake; seaward of the mean high tide line; where the structure or improvement would encroach within fifty feet of the edge of the 1 ,- coastal bluff; (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide 1' of the sea where there is no beach, whichever is the greater distance, any improvement that would result in an increase of ten percent or more of internal floor 18 area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to 19 Public Resources Code Section 10610(a), or an increase in height by more than ten percent of an existing structure and/or any significant non-attached structure such as 20 garages, fences, shoreline protective works or docks; (C) Any improvement which changes the intensity of use of a structure; and 21 (D) Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of the edge 22 °fa coastal bluff or stream except as provided in subsection (b)(3) of this section. (3) The following improvements are exempt from the requirements of a coastal permit 23 regardless of location: (A) Landscaping on the lot unless the landscaping could result in erosion or damage ~4 to sensitive habitat areas; (B) Additions resulting in a cumulative increase of less than ten percent of the internal floor area of an existing structure; 25 (C) Repair or maintenance activities not described in Section 21.81.035; (D) Activities of public utilities as specified in the repair, maintenance and utility hook- 26 up exclusion adopted by the Coastal Commission, September 5,1978, and as modified from time to time. (Ord. NS-330 § 6 (part), 1995) 27 21.81.035 Repair and maintenance activities requiring a coastal 23 development permit. -3- (a) The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse environmental impact: 2 (1) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: 3 (A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; 4 (B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, on a beach or in coastal waters, streams, wetlands, 5 estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; 6 (C) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or 7 (D) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of ~ coastal waters or streams. (2) Any method of routine maintenance dredging that involves: (A) The dredging of one hundred thousand cubic yards or more within a twelve-month " period; (B) The placement of dredged spoils of any quantity within an environmentally 10 sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; 11 or (C) The removal, sale or disposal of dredged spoils of any quantity that would be 12 suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of 13 structures, coastal access or public recreational use. (3) Any repair or maintenance to facilities or structures or work located in an 14 environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal i c waters or streams that include: (A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, 1 fi sand or other beach materials or any other forms of solid materials; (B) The presence, whether temporary or permanent, of mechanized equipment or construction materials. All repair and maintenance activities governed by the above 1' provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing 18 administrative and emergency permits. The provisions of this section shall not be applicable to those activities specifically described in the document entitled repair, 19 maintenance, and utility hook-ups, adopted by the Coastal Commission on Septembers, 1978. 20 (b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, 21 revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership is not repair and maintenance under Section 30610(d) but instead 22 constitutes a replacement structure requiring a coastal development permit. (Ord. NS- 330 §6 (part), 1995) 23 21.81.040 Application. 24 Application for a coastal development permit shall be made in accordance with the procedures set forth in this section. (a) An application for a permit may be made by the record owner or owners of the 25 property affected or the authorized agent of the owner or owners. The application shall be filed with the director upon forms provided by the director and shall be 26 processed in accordance with Section 21.54.010 of this code. (b) At the time of filing the application the applicant shall pay a processing fee in an 27 amount specified by city council resolution. (c) If signatures of persons other than the owners of property making the application 28 are required or offered in support of, or in opposition to, an application, they may be -4- 1 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 2 case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. 3 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 4 appropriate fee or fees have been paid. (d) Whenever the development would require a permit or approval under the 5 provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all 5 permits or approvals under this title and the coastal permit may be consolidated into one application. 7 (e) The director may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into o the development to substantially lessen any significant effect on the environment which may be caused by the development. (Ord. NS-330 § 6 (part), 1995) 9 21.81.050 Duties of housing and redevelopment director-Exemptions- Emergency permits. (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 21.81.030. No permit shall be required for a project which is exempt from the requirements of this chapter. 12 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, 13 an indication that the project is located in the coastal zone, the location of the project, and a brief description of the project. The record shall also include the reason for 14 exemption. The director shall determine the exemption based on the certified local coastal 15 program, including maps, categorical exclusions and other exemptions, land use designations and zoning ordinances. The director shall inform the applicant whether the project is exempt (and whether in the "appealable area," if not exempt) within ten calendar days of the determination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with the determination, the applicant (or director) can request the opinion of the Coastal Commission's executive director in accordance 1 ° with 14 Code of California Regulations Section 13569. (b) The director may issue emergency permits in accordance with Section 21.81.150. 19 (Ord. NS-330 § 6 (part), 1995) 20 21.81.055 Administrative coastal development permits. (a) The director may issue all coastal development permits related to administrative 21 village review permits and administrative variances as defined in Sections 21.35.070 and 21.35.090(e) of this code. The coastal development permit shall be processed 22 concurrently with the administrative village review permit. If the project includes permits or other discretionary approvals outside the director's administrative permit 23 authority, the administrative permit aspects shall be consolidated with the other matters and submitted to the planning commission in accordance with Section 24 21.81.060. (b) If the project is in the non-appealable area of the coastal zone, the director shall give notice of pending development approval in writing, within ten calendar days after the application is complete, as follows: 2 , (1) Contents. The notice shall include all the matters required by 14 Code of California Regulations Section 13568 (b), including statement of a public comment period of at least ten calendar days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. (2) Recipients. The notice shall be sent by first class mail to: 28 (A) Any person requesting to be on the mailing list for the project or for coastal -5- decisions; and (B) All property owners and residents within one hundred feet of the project perimeter; 2 and (C) The Coastal Commission. 3 (c) The director may approve, approve with conditions, or deny the permit. The decision shall be based upon the requirements of, and shall include specific factual 4 findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation 5 policies of Chapter 3 of the Coastal Act). (d) The director's decision shall be the final local action and shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The director shall give notice of the final local decision in accordance with Section 21.81.120 of this code. (e) The effective date of the director's decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this code. The director shall give notice of final local decision on the appeal in accordance with Section 21.81.120. " (f) If the project is within the appealable area of the coastal zone, the director shall give notice of a public hearing to be held before the director to consider said 0 application in accordance with Section 21.81.100. The notice shall contain the matters and be mailed at the time and in the manner required by 14 CCR Section 11 13565. The director shall conduct the public hearing generally in the same manner as a public hearing before the planning commission. 12 Following the public hearing before the director, the director shall issue a written notice of the decision in the same manner and to the same persons as for a non- 13 appealable area decision set forth in subsections (c) and (d) of this section. The director's decision may be appealed in writing to the planning commission in the 14 same manner as for non-appealable area decision set forth in subsection (e) of this section. The director shall give notice of the final local decision in accordance with Section 21.81.120. (g) If the project does not qualify for an exemption, an administrative permit or an emergency permit then the director shall set the matter for a public hearing before the planning commission. The coastal permit may be set for hearing concurrently with any other discretionary permit or approval for the project. (Ord. NS-675 § 66, 2003;17 Ord. NS-330 § 6 (part), 1995) 13 21.81.060 Transmittal to planning commission. Unless the development is exempt, qualifies for an emergency permit, or qualifies for 19 an administrative village review/coastal development permit, the director shall transmit the application, together with a recommendation thereon, to the planning 20 commission and give notice for public hearing thereon in accordance with Sections 21.54.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and 21 processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary permit or approval required for 22 the project. (Ord. NS-330 § 6 (part), 1995) 21.81.070 Planning commission action.23 After a public hearing the planning commission may approve, conditionally approve or 24 deny the application, unless the application includes a major village review permit. If the application includes a major village review permit, the commission's action shall _ , be a recommendation to the city council. No recommendation for approval, approval or conditional approval shall be given unless the planning commission finds that the development is consistent with the provisions of the local coastal program for the 26 coastal zone and, if applicable, in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act. (Ord. NS-330 § 6 (part), 27 1995) 28 21.81.080 Effective date of order-Appeal of planning commission decision. (a) The effective date of the planning commission's decision and the method for appeal of such decision shall be governed by Section 21.54.150 of this code. (b) The decision of the city council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the development for which a coastal development permit also requires other 5 discretionary permits or approvals for which the planning commission is not given final approval authority, then the planning commission action on the coastal 6 development permit shall be deemed a recommendation to the city council. (Ord. NS- 675 § 67, 2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6 (part), 1995) 7 21.81.090 City Council action. 8 If the application for the coastal development permit is for a major village review/coastal development, is consolidated with other discretionary permits or 9 approvals, pursuant to this code for which the planning commission does not have final approval authority, or is a timely appeal, the city council shall hold a public 10 hearing on the coastal development permit application. At the public hearing, the city council shall consider the planning commission's action or recommendation, shall consider the evidence presented at the public hearing, review the matter, and shall approve, conditionally approve or disapprove the coastal development permit, 2 approval or appeal. No approval or conditional approval shall be given unless the city council finds that the development is consistent with the provisions of the Carlsbad , -, village master plan and design manual as certified by the Coastal Commission and which constitute the local coastal program, and, if applicable, with the public access . and recreation policies of Chapter 3 of the Coastal Act. The decision of the city 14 council is final. (Ord. NS-330 § 6 (part), 1995) 15 21.81.100 Public hearings. Whenever a public hearing is required by this chapter, notice of the hearing shall be 16 given as provided in Sections 21.54.060(1) and 21.54.061 of this code. When the hearing on a coastal development permit is consolidated with the hearing on a 17 tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. (Ord. NS-330 § 6 (part), 1995) 1 8 21.81.110 Appeals to coastal commission. 19 (a) The following developments, due to their type or location, are within the appeal jurisdiction of the Coastal Commission. Only decisions approving a coastal 20 development permit for these developments are appealable to the Coastal Commission, unless otherwise noted. Exhaustion of all local appeals must occur 2} before an application may be appealed to the commission. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning department. (1) Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance. 24 (2) Developments on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary 25 or stream. (3) Any decision approving or denying a development which constitutes a major public 26 works project or a major energy facility. (b) The appeal shall be filed at the local district office not later than twenty working 27 days after the date of the receipt of the noticed final local action by that district office. No city permit shall be issued or deemed approved until an appeal, if any, to the 28 Coastal Commission has been resolved. (c) Non-appealable Development. Decisions on applications for developments which -7- are not of the type described above are not appealable to the Coastal Commission. Decisions denying any Coastal Act permit for an appealable development described 2 above are not appealable to the Coastal Commission with the exception of decisions on major public works projects and major energy facilities. (Ord. NS-330 § 6 (part), 3 1995) 21.81.115 Coastal development permits issued by the Coastal Commission. 5 The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, 6 whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), 7 and are shown on the post LCP certification map which is on file in the planning department. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain discretionary approvals required by this code prior to filing an application with the Coastal Commission for said coastal development permit. (Ord. NS-330 § 6 (part), 1995) 21.81.120 Notice of final local action. Within seven working days of a final local action on an application for any coastal development, or any approval which occurs by operation of law, the director shall provide notice of the action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting an 2 addressed, stamped envelope to the city. Such notice shall include any conditions of approval and written findings and, if the matter is appealable to the Coastal 13 Commission, procedures for appeal of the local action to the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 14 21.81.130 Effective date of permit. 15 Coastal development permits for projects which are not appealable to the Coastal Commission shall be valid upon the mailing of the notice of final local action unless the notice of final local action does not comply with the requirements of Section 21.81.120. Coastal development permits for projects which are appealable to the I 7 Coastal Commission shall be valid upon the expiration of twenty working days from the date of receipt at the local district office of the notice of final local action provided , g that the notice complies with the requirements of Section 21.81.120 and, further provided, that an appeal of the decision has not been filed with the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 21.81.140 Review of recorded documents. 20 (a) All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall not be effective until completion of the following procedures: (1) The city council shall review, revise if necessary, and accept the easement or land; (2) The city clerk shall record the requisite legal documents; 23 (3) The city clerk, upon recordation of the documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public 24 access and open space conditions, and a statement as to which private association, public agency or city department shall be responsible for the operation and 25 maintenance of the accessway or open space/conservation area, to the executive director of the Coastal Commission. 26 (b) All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to review 27 and approval by the executive director of the Coastal Commission. (1) Upon completion of permit review by the city and prior to the issuance of the 28 permit, the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Coastal •*• Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; 2 (2) The executive director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant 3 of recommended revisions if any; (3) The city may issue the permit upon expiration of the fifteen working day period if 4 notification of inadequacy has not been received by the city within that time period; and 5 (4) If the executive director has recommended revision to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director. (Ord. NS-330 § 6 (part), 1995) 7 21.81.150 Applications for emergency permits. _ (a) Applications in case of emergency shall be made by letter to the director or in person or by telephone, if time does not allow. Emergency means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. 10 (b) The following information shall be included in the request: 11 (1) Nature of the emergency; 12 (2) Cause of the emergency, insofar as this can be established; \ 3 (3) Location of the emergency; 14 (4) The remedial, protective or preventive work required to deal with the emergency; and (5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.16 (c) The director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. 18 (d) The director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. 19 (e) The director may grant an emergency permit upon reasonable terms and 20 conditions, including an expiration date and the necessity for a regular permit application later, if the director finds that: 21 (1) An emergency exists that requires action more quickly than permitted by the 22 procedures for administrative permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; (2) Public comment on the proposed emergency action has been reviewed, if time allows; and (3) The work proposed would be consistent with the requirements of the certified land use plan. (f) The director shall report, in writing, to the planning commission, at its first 26 scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the 27 meeting and shall be mailed to all persons who have requested such notification in writing. The report of the director shall be informational only; the decision to issue an 28 emergency permit is solely at the discretion of the director subject to the provisions of -9- this chapter. 2 (g) Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal 3 Commission for review and issuance. (Ord. NS-330 § 6 (part), 1995) 4 21.81.160 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals, but in no event shall this period exceed five years without extension of time, if a building permit has not been issued for the project. Should the project require no permits or approvals other than a coastal development 7 permit, the coastal development permit shall expire one year from its date of approval if a building permit has not been issued for the project during that time. 8 Not more than ninety or less than forty-five days prior to the expiration of a coastal 9 development permit the permittee may apply to the planning commission for an extension of the permit. The application for an extension shall be processed pursuant to the provisions of Sections 21.81.070, 21.81.100 and 21.81.110 of this chapter. An extension shall be approved only if it is found that there has been no change of i i circumstances in relation to coastal resources since the original granting of the permit. If the planning commission finds that there has been a change of circumstances in relation to coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally approved. The decision of the planning commission may be appealed pursuant to the provisions of Section 21.81.080. If a complete application for an extension has been timely filed, the planning commission or the city council on appeal may grant the extension after 14 the expiration date provided that the final decision is made not later than forty-five days after the expiration date. (Ord. NS-330 § 6 (part), 1995) 21.81.165 Amendment to coastal development permit. 16 An amendment to a coastal development permit issued by the city shall be processed in the same manner as an original application for a coastal development permit. (Ord. 17 NS-330 §6 (part), 1995) 18 19 20 21 22 23 24 25 26 27 28 -10- 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 Se California II n " II 11 11 II II II II II II II " // " II II II Section 2. This ordinance shall be effective upon approval by the Executive Director and/or -11- 1 INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council and Housing 2 and Redevelopment Commission of the City of Carlsbad on the 23rd day of June, 2009 3 PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City 4 of Carlsbad, California, held on the day of , 2009, by the following vote to 5 wit: 6 AYES: 7 NOES:8 ABSENT: 10 11 12 Approved as to form and legality 13 14 Ronald R. Ball, City Attorney 16 CLAUDE A. LEWIS, Mayor 18 19 ATTEST: 20 21 LORRAINE M. WOOD, City Clerk 22 23 24 25 26 27 28 -12- 1 CITY COUNCIL RESOLUTION NO. 2009-160 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENTS (TITLE 2, CHAPTERS 2.24 AND 2.26) TO 4 DISSOLVE THE DESIGN REVIEW BOARD AND TRANSFER DUTIES OF SAID BOARD TO THE PLANNING COMMISSION. 5 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 6 AMENDMENTS CASE NO. : LCPA9S-10faXlVZCA 95-10faXlVMCA 9S-01(axn 1 WHEREAS, the effectiveness date for the Village Redevelopment Project Area Plan will expire ° as of July 21, 2009 and the date shall not be extended; and Q WHEREAS, the City Council has determined that the Design Review Board will complete its , Q service upon expiration of the Village Redevelopment Project Area Plan, and the Council desires to dissolve said Design Review Board and transfer its duties to the Planning Commission of the City of Carlsbad; and 12 WHEREAS, the proposed amendments are set forth in Ordinance No. CS-QfrO ; a^j attached hereto; and 13 WHEREAS, the City Council did on the date of this resolution hold a duly noticed public 14 hearing to consider said amendments; and 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 submitted by staff, and considering any written comments received, the City Council considered all factors relating to the Municipal Code 1 „ Amendments. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 19 a. That the above recitations are true and correct. 20 b. That based on the evidence presented at the public hearing, the City Council hereby 21 APPROVES Municipal Code Amendments MCA 95-01(aXl) and INTRODUCES Ordinance No. cs-040 repealing Title 2, Chapter 2.26, in its entirety thereby dissolving the Design 22 Review Board and amending Title 2, Chapter 2.24 to transfer the duties of the Design Review Board to the Planning Commission of the City of Carlsbad. 23 c. The proposed amendments will be effective thirty (30) days after approval date, in all areas 24 of the Village. 25 26 27 28 LEGISLATIVE DRAFT Chapter 2.24 PLANNING COMMISSION* 2.24.010 Created. 2.24.020 Composition-Appointment. 2.24.030 Absence from meetings. 2.24.040 Regular and adjourned meetings.* 2.24.050 Officers-Rule adoption-Records. 2.24.060 Duties. 2.24.065 General plan conformance-Time for or waiver of report. 2.24.070 Quorum and vote. 2.2*1.080 Design review board designated as planning commission for certain purposes. * For statutory provisions directing the establishment of a planning agency and as to local planning generally, see Gov. Code § 65100 et seq. 2.24.010 Created. Under and pursuant to an act of the legislature of the state, known as the "conservation and planning law," a planning commission for the city is created and established. (Ord. 1020 § 1) 2.24.020 Composition-Appointment. The planning commission shall consist of seven members to be appointed by a majority vote of the council, and of four ex officio members who shall be the community development director, the city engineer, the city attorney and the planning director. Of the seven members of the commission first appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for three- year terms, and one shall be appointed for a four-year term. Their successors shall be appointed for terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment by a majority vote of the council for the unexpired portion of the term of the member so vacating. The terms of ex officio members shall correspond to their respective official tenures. No ex officio member shall be entitled to a vote. Each member shall hold office until he is reappointed or his successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1, 1982: Ord. 1200 § 1, 1977: Ord. 1157 § 1, 1973: Ord. 1020 § 2) 2.24.030 Absence from meetings. If a member of the planning commission is absent from three successive meetings of the commission without cause, the planning director shall inform the mayor of such absence, who may therewith remove the member from the commission without further notice. (Ord. NS-676 § 2 (part), 2003; Ord. 1261 § 2, 1983:Ord. 1020 §3) 2.24.040 Regular and adjourned meetings/ A regular meeting shall be held at least once a month, or more often if the planning commission may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may adjourn any regular meeting from time to time to meet at a time and place specified at the regular meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4) * For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this code. 2.24.050 Officers-Rule adoption-Records. The planning commission shall elect from among its appointed members a chairman and vice-chairman to serve for a term of one year. It shall adopt rules for the transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 1157 §2, 1973: Ord. 1020 §5) 2.24.060 Duties. In addition to the duties specified by this chapter, the planning commission shall perform the duties and have all the rights, powers and privileges specified and provided for by city or state law. For the village review area, the planning commission shall be responsible for the administration of, and shall carry out the duties specified in Chapter 21.35 and 21.81. (Ord. 9424 § 1, 1975: Ord. 1020 § 6) 2.24.065 General plan conformanee-Time for or waiver of report. (a) The planning commission shall report as to conformity to the general plan as required pursuant to Section 65402 of the Government Code. When such report is required as the result of a proposed division of land or some other project for which planning commission action is required, it may be included as part of and at the same time as the action taken by the planning commission on such proposed division of land or other project. (b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity to the general plan is not required for a proposed subdivision or other project which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widening, or alignment projects are of a minor nature. (Ord. 9424 § 2,1975) 2.24.070 Quorum and vote. (a) Four members of the planning commission shall constitute a quorum for the transaction of business. (b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any planning commission action, provided that a recommendation for approval of a general plan amendment shall be made by at least four affirmative votes. (c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission and is subject to further commission consideration. If the commission is unable to take action on a matter before it because of a tie vote, the matter shall be again considered at the next regular commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied. (d) Every commissioner should vote unless disqualified by reason of conflict of interest. A commission who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. (Ord. NS-135§ 1, 1991; Ord. 1247§ 1, 1982; Ord. 1244§ 1, 1982: Ord. 1159 § 1, 1973) 2.24.080 Design review board designated as planning commission for certain purposes. Whenever in Title 20 or Title 21 it is provided that an action or a decision on a project, permit, or tentative map shall be taken or made by the planning commission and such permit or project is processed according to Chapter 21.35 and consolidated in the redevelopment permit under Section 21.35.120, then the design review board shall act as the planning commission with respect to such project, permit or map. (Ord. NS863§ 1, 2007: Ord. NS 330 §1, 1095: Ord. 126/1 § 2, 1982) 5 6 7 8 9 10 11 12 13 14 18 19 20 21 25 26 27 28 ORDINANCE NO. CS-040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 2.26 IN ITS ENTIRETY TO DISSOLVE THE DESIGN REVIEW BOARD AND AMENDING CHAPTER 2.24 TO REMOVE LANGUAGE REFERRING TO THE DESIGN REVIEW BOARD AND TRANSFER DUTIES OF SAID BOARD TO THE PLANNING COMMISSION. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS CASE NO.: MCA 95-01 (AX1) That the City Council of the City of Carlsbad, does ordain as follows: Section I: That Chapter 2.26 of the Carlsbad Municipal Code is hereby repealed in its entirety resulting in dissolution of the Design Review Board. Section II: That Chapter 2.24 of the Carlsbad Municipal Code is amended to read as follows to transfer the duties of the Design Review Board to the Planning 15 Commission of the City of Carlsbad: 16 Chapter 2.24 PLANNING COMMISSION* 17 Sections: 2.24.010 Created. 2.24.020 Composition-Appointment. 2.24.030 Absence from meetings. 2.24.040 Regular and adjourned meetings. 2.24.050 Officers-Rule adoption-Records. 2.24.060 Duties. 2.24.065 General plan conformance-Time for or waiver of report. 2.24.070 Quorum and vote. * For statutory provisions directing the establishment of a planning agency and as to local planning generally, see Gov. Code § 65100 et seq. 2.24.010Created. 24 Under and pursuant to an act of the legislature of the state, known as the "conservation and planning law," a planning commission for the city is created and established. (Ord. 1020 § 1) 2.24.020 Composition-Appointment. The planning commission shall consist of seven members to be appointed by a majority vote of the council, and of four ex officio members who shall be the community development director, the city engineer, the city attorney and the planning director. Of the seven members of the commission first appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for three-year terms, and one shall be appointed for a four-year term. Their successors shall be 1 2 3 1982: Ord. 1200 § 1,1977: Ord. 1157 § 1,1973: Ord. 1020 § 2) 4 2.24.030 Absence from meetings. 5 If a member of the planning commission is absent from three successive meetings of the 6 7 8 9 10 11 12 13 14 23 appointed for terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment by a majority vote of the council for the unexpired portion of the term of the member so vacating. The terms of ex officio members shall correspond to their respective official tenures. No ex officio member shall be entitled to a vote. Each member shall hold office until he Is reappointed or his successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1, commission without cause, the planning director shall inform the mayor of such absence, who may therewith remove the member from the commission without further notice. (Ord. NS-676 § 2 (part), 2003; Ord. 1261 § 2, 1983: Ord. 1020 § 3) 2.24.040 Regular and adjourned meetings.* A regular meeting shall be held at least once a month, or more often if the planning commission may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may adjourn any regular meeting from time to time to meet at a time and place specified at the regular meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4) * For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this code. 2.24.050 Officers-Rule adoption-Records. The planning commission shall elect from among its appointed members a chairman and vice- chairman to serve for a term of one year. It shall adopt rules for the transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall15 , be a public record. (Ord. 1157 § 2,1973: Ord. 1020 § 5) 16 2.24.060 Duties. 17 In addition to the duties specified by this chapter, the planning commission shall perform the duties and have all the rights, powers and privileges specified and provided for by city or state law. For the village review area, the planning commission shall be responsible for the administration of, and shall carry out the duties specified in Chapter 21.35 and 21.81 of the Carlsbad Municipal Code 18 19 ( (Ord. 9424 § 1, 1975: Ord. 1020 § 6) 20 2.24.065 General plan conformance-Time for or waiver of report.21 (a) The planning commission shall report as to conformity to the general plan as required pursuant to Section 65402 of the Government Code. When such report is required as the result of a proposed division of land or some other project for which planning commission action is required, it may be included as part of and at the same time as the action taken by the planning commission on such proposed division of land or other project. 24 (b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity to the general plan is not required for a proposed subdivision or other project which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widening, or alignment projects are of a minor nature, (Ord. 9424 § 2, 25 26 27 1975) 28 " 1 2 ( business. 3 (b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any 4 amendment shall be made by at least four affirmative votes. 5 (c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.24.070 Quorum and vote. (a) Four members of the planning commission shall constitute a quorum for the transaction of planning commission action, provided that a recommendation for approval of a general plan and is subject to further commission consideration. If the commission is unable to take action on a matter before it because of a tie vote, the matter shall be again considered at the next regular commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied. (d) Every commissioner should vote unless disqualified by reason of conflict of interest. A commission who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. (Ord. NS-135 § 1,1991; Ord. 1247 § 1,1982; Ord. 1244 § 1,1982: Ord. 1159 §1,1973) 1 Section 2. This ordinance shall be effective thirty days after its adoption for all 2 areas of the Village. 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 " 1 CITY COUNCIL RESOLUTION NO. 2009-161 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING MINOR TEXT CHANGES TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO 4 ADDRESS MINOR HEADING AND/OR LANGUAGE MODIFICATIONS TO ALLOW CONTINUATION OF EXISTING LAND USE AND 5 DEVELOPMENT REGULATIONS AND RELATED POLICIES FOR SPECIAL REVIEW WITHIN THE VILLAGE AREA. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO : GPA 09-038 WHEREAS, the Carlsbad Redevelopment Agency, "Applicant" has filed a verified application with the City of Carlsbad regarding property known as the Carlsbad Village Area; and WHEREAS, said verified application constitutes a request for a General Plan Amendment GPA - 09-03 as provided in Government Code Section 65350 et. Seq. and Section 21.52,150 of the Carlsbad Municipal Code as shown on Exhibit "A" dated March 30, 2009, attached hereto and on file in the 12 Carlsbad Housing and Redevelopment and Planning Departments, and the Local Coastal Program as embodied in the Village Master Plan and Design Manual; and 13 WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public 14 hearing to consider said request and recommended approval of the proposed General Plan amendment GPA 09-03 to make minor heading and/or language modifications for consistencies with the Village Master Plan and Design Manual to address expiration of the Village Redevelopment Plan; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 1 „ the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA Guidelines. 19 WHEREAS, the City Council did on the date of this resolution hold a duly noticed public 20 hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of the Design Review Board; and 21 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 submitted by staff, and considering any ~,, written comments received, the City Council considered all factors relating to the General Plan Amendment. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 25 California as follows: 26 1 • That the foregoing recitations are true and correct. 27 28 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 City Council approves City Council Resolution No. 2009-161 and that the findings and conditions of the Design Review Board as set forth in Design Review Board Resolution Nos. 339, 340, and 341, on file with the City Clerk and made part hereof by reference, are the findings and conditions of the City Council. PASSED, APPROVED, AND ADOPTED at a joint meeting of the Housing and Redevelopment Commission and City Council of the City of Carlsbad, California, held on the 23rd day of June, 2009 by the following vote to wit: f^. AYES: Council Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: ATTEST: £±>&J\Ja (SEAL) -2- Land Use Element 2. VILLAGE The Villagejs, located in the "downtown" section of Carlsbad.,- hae boon established as a redevelopment projoct area. A Redevelopment Master Plan and Design with Implomonting Strategies along with tho present Village Design Guidelines Manual guides all development in the Village. Tbese-This documents provides an overall development strategy to create a strong identity for the Village, revitalize the area, enhance the economic potential of the Village and establish specific site development standards. The intent of the master plan and design manual is to preserve the village character of the area by creating a pedestrian scale environment of specialty shops, services, and restaurants complemented by residential and mixed-use development. The Redevelopment Master Plan and Design Manual should be referred to for more detailed information. Additional redevelopment project areas may be established in other areas of the City in the future. 3. COASTAL ZONE PROGRAMS 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 General Plan Amendment 09-03 Legislative Draft Exhibit "A" 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, it only has authority to issue Coastal Development Permits within the Redevelopment segment. In the remaining five segments 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. 4, McCLELLAN-PALOMAR AIRPORT McClellan-Palomar Airport, a county-owned facility, is regulated by the Comprehensive Land Use Plan, McClellan-Palomar (CLUP) prepared by the San Diego Association of Governments (SANDAG). This is a state- required, long-range master plan, updated every five years, that reflects the anticipated growth of the airport over at least the next 20 years. The intent is "to provide for the orderly growth of each public airport and ... [to] safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general" (Section 21675, Public Utility Code). As required by State law, Carlsbad's General Plan must comply with the Airport's Comprehensive Land Use Plan. If the City chooses to overrule a finding of the Airport Land Use Commission as stated in the CLUP, it may do so by a two-thirds vote if it makes a specific finding that the General Plan and the CLUP are consistent. To limit noise impacts on noise sensitive land uses, the City has designated areas surrounding the Airport for predominately planned industrial uses. To accomplish this, a significant amount of Page 24 Amended September 13,2005 Vr 10 1 CITYCOUNCIL RESOLUTION NO. 2009-162 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO CITY COUNCIL POLICY NO. 65 - SIGNS ON PUBLIC PROPERTY TO 4 MAKE MINOR HEADING AND/OR LANGUAGE MODIFICATIONS AND/OR ADDITIONS TO SAID POLICY TO ADDRESS EXPIRATION 5 OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: AMENDMENTS TO CITY COUNCIL POLICY NO. 65 7 WHEREAS, on October 23, 2001, the City Council adopted a policy to address issues related to signs on public property; and8 WHEREAS, the Carlsbad Redevelopment Agency has requested that the City Council consider amendments to City Council Policy No. 65 to make minor text revisions to address expiration of the i Q Village Redevelopment Plan and to ensure consistency with the Village Master Plan and Design Manual, as revised; and WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public 12 hearing to consider said request and recommended approval of the proposed revisions to City Council Policy No. 65 - Signs on Public Property; and 13 WHEREAS, the City Council did on the date of this resolution hold a duly noticed public 14 hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of the Design Review Board; and 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 submitted by staff, and considering any written comments received, the City Council considered all factors relating to City Council Policy No. 65 Amendment. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 19 California as follows: 20 a) That the foregoing recitations are true and correct. 21 b) That based on the evidence presented at the public hearing and set forth in the Design Review Board Staff Report dated April 27, 2009, the Council hereby APPROVES the 22 amendments to City Council Policy No. 65 - Signs on Public Property, as set forth in the attached legislative draft. Z*3 24 25 26 27 28 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 Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission of the City of Carlsbad on the 23rd day of June 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None LORRAINE W\A/QiDD,<5Jty Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) ( o - CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date of Issue: Effective Date Cancellation Date Supersedes No. Page 2 of 9 65 65, dated 7/22/03 General Subject: Signs on Public Property Specific Subject: Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File SECTION FIVE: PUBLIC PROPERTY SIGN PERMITS; APPLICATION FORMS AND PROCEDURES The Community Development Director shall prepare and make available to the public a form for Application for a Public Property Sign Permit (Permit), which shall, when fully approved, constitute a Permit and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application, which shall not be refundable even If the application is denied, shall be the same as the fee for a sign permit under the sign ordinance. To each application form shall be attached a copy of this Policy Statement. The application form shall require the applicant to indicate that he or she has received a copy of this Policy Statement, and that they shall abide by its terms, as well as any special terms or conditions which may be stated on the Permit, and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. Any Public Property Sign Permit issued in error may be summarily revoked by any officer of the City, by simply informing the applicant of the nature of the error in issuance; any applicant whose permit Is revoked as issued in error may, at any time thereafter, submit a new permit application which cures any deficiencies In the original application. The application fee shall apply separately to each new application. Applications which fully comply with the terms and conditions of this Policy Statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as denials of sign permits, as described in the Sign Ordinance. SECTION SIX: EXEMPTIONS FROM PERMIT REQUIREMENT The following signs are exempted from the Permit requirement: Traffic control and traffic directional signs erected by the City or another governmental unit; official notices required by law; signs placed by the City in furtherance of its governmental functions; signs allowable under Section Four of this Policy. SECTION SEVEN: PERMITS FORA-FRAME SIGNS IN CARLSBAD VILLAGE REDEVELOPMENT REVIEW AREA. BEARING COMMERCIAL MESSAGES ONLY 1.INTENT AS TO PUBLIC FORUM The areas and times controlled by this section are designated to constitute a limited access, non public forum which is strictly limited to commercial messages, and which Is open only to those persons described in this section and on the terms stated in this section. 2.WHERE A-FRAMES MAY BE PLACED; PHYSICAL STANDARDS " A-Frame" signs, as that term is defined In the sign ordinance, may be placed in particular portions of the public right-of- way, within the Carlsbad Village area only, namely, on the public sideway directly In front of the store or other establishment displaying the sign. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 4 of 9 65 65, dated 7/22/03 General Subject: Signs on Public Property Specific Subject: Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 3. WHO MAY DISPLAY AN A-FRAME SIGN IN THE VILLAGE REDEVELOPMENT REVIEW AREA The A-Frame Signs allowed by this section may be displayed only by the operators of retail commercial establishments with ground floor frontage on streets within the Village Redevelopment' Zone, who hold a currently valid City business license, who ate not currently in violation of, or nonconformance with, any of the zoning, land use, environmental or business regulatory laws, rules or policies of the City. Each eligible business location is allowed a maximum of one A-Frame sign. However, when a business is located within a business arcade or courtyard area, In which case only one "tenant directory" sign, which lists all of the businesses within the arcade or courtyard, is allowed. The display area of the permitted A-Frame sign shall not count as part of the total signage for the business, which is allowed under the Sign Ordinance. 4. TRANSFER OF PERMIT The Permit attaches to the business at the location specified. If the business is sold or transferred, and remains at the same location, then the Permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions of the original Permit. However, if the business which first obtained the Permit moves to a different location, or if the location is then taken by a new business, a new application and Permit shall be required. 5. TERM OF CONSENT INDICATED BY PERMIT; REVOCATION AND RENEWAL The Permit Is revocable or cancelable at will by the City. However, the City will cancel a Permit without cause only when it does so to all permittees who are similarly situated. Any Permit may be revoked for noncompliance, 30 calendar days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health, safety or welfare, summarily. When a Permit is revoked, the owner of the sign must physically remove it from the public right of way within 24 hours of notice of revocation; upon failure to do so, the City may summarily remove the sign and hold it in storage until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no guarantee that the City will continue the policy stated herein. Permittees hold no expectation of renewal of any given Permit, acquire no vested right to continue displaying the sign on public land, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application. 6. TEMPORARY REMOVAL The City may give notice, by any reasonable means, that consent to display an A-frame Is or shall be withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation, dealing with, a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way, a civil disturbance, a parade, an election, or other special event. In urgent situations, the 1 2 3 4 5 6 7 8 9 10 11 12 13 16 17 18 19 20 21 22 23 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 339 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REVISIONS TO THE VILLAGE MASTER PLAN AND DESIGN MANUAL BY THE HOUSING AND REDEVELOPMENT COMMISSION AND CITY COUNCIL, AND APPROVAL BY THE CITY COUNCIL OF RELATED MINOR LOCAL COASTAL PROGRAM AMENDMENT AND MINOR HEADING/ LANGUAGE ADDITIONS AND REVISIONS TO CITY COUNCIL POLICY NO. 65 - SIGNS ON PUBLIC PROPERTY. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS CASE NO.: ZCA 95-10(Ax1)/LCPA 95-10fAx1) WHEREAS, amendments to the Village Master Plan and Design Manual originally adopted by the Housing and Redevelopment Commission are desired and necessary to make minor heading and/or language modifications and/or additions to address expiration of the Village Redevelopment Plan as of July 21, 2009, and to allow for continuation of existing land uses and development regulations and related policies within the boundaries of the Village Area, defined and set forth within the Map and legal description identified as Village Area and dated March 30, 2009; and 14 WHEREAS, the Village Master Plan and Design Manual adopted by the Housing 15 and Redevelopment Commission and implementing ordinances adopted by the City Council also serve as the implementation for the Local Coastal Program for the Village Segment of the City of Carlsbad's Coastal Zones; and the Carlsbad Redevelopment Agency, "Applicant", has filed a verified application for a minor amendment to the Local Coastal Program; and WHEREAS, the Carlsbad Redevelopment Agency has prepared proposed amendments to Carlsbad Municipal Code Title 21, Chapters 21.35, 21.41, and 21.81 relating to policies, processes, and procedures set forth within the V-R Village Review Zone for approval by the City Council; and WHEREAS, minor heading/language revisions to City Council Policy No. 65 - Signs on public property are desired to address expiration of the Village Redevelopment Plan on July 21, 2009 WHEREAS, the proposed zone code amendments to Chapter 21.35, 21.41 and 21.81 are set forth in the draft Ordinances, Exhibit "X", "Y" and "Z", respectively, dated 24 March 30, 2009, and set forth and attached to Design Review Board Resolution No. 338 for reference purposes; and WHEREAS, the Design Review Board did on the 27th day of April, 2009 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, analyzing the information DRB Resolution No.339 1 submitted by staff, and considering any written comments received, the Design Review Board considered all factors relating to the amendments to the Village Master Plan and 2 Design Manual, which also serves together with implementing ordinances as the Local Coastal Program for the Village segment of the Carlsbad Coastal Zone. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 5 6 7 9 following findings: n Findings: 12 13 14 15 as follows: a) That the foregoing recitations are true and correct. b) That based on the evidence presented at the public hearing, the Board hereby RECOMMENDS APPROVAL by the Housing and Redevelopment Commission and City Council of the amendments to the Village Master Plan and Design Manual, and by the City Council of the amendments to the Local Coastal Program and City Council Policy No. 65 LCPA 95-10(aX1) as set forth in the attached legislative drafts and, based on the 1. The proposed amendments are consistent with the General Plan, as revised, in that they provide implementing policies and strategies to facilitate development in the Village Area that helps to create a strong identity for the Village, revitalize the area, enhance the economic potential of the Village and establish specific site development standards. 2. The proposed amendments reflect sound principles of good planning in that they (a) ensure internal consistency with the procedures and standards for the Village Review Zone, as amended, set forth in Carlsbad Municipal Code Chapter 21.35, (b) implement the policies and programs of the General Plan, as revised, and (c) assist in the facilitation of high quality development within the Village that is consistent with the Vision for the area. 3. That the proposed minor 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, in that there are only minor heading and language modifications, integration of relevant information from the Village Redevelopment Plan into the Village Master Plan and Design Manual and minor clarification language, and no development or construction is proposed with this amendment and all future development projects located in the Carlsbad Village segment of the coastal zone that are processed pursuant to these revised standards would be subject to discretionary review and the appropriate Coastal Development Permits to ensure consistency with Local Coastal Program policies. 4. That the proposed amendments to the implementing ordinances (Chapter 21.35, 21.41, and 21.81) of the Carlsbad Local Coastal Program are required to bring it into consistency with the City's Zoning Ordinance and with the Village Master Plan and 17 18 19 20 21 22 23 24 25 26 Design Manual.27 28 DRB Resolution No.339 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of April, 2009, by the following vote, to wit: AYES: Baker, Prietto, Schumacher, and Whitton NOES: Lawson 9 ABSENT: None 18 19 20 21 22 23 24 25 26 27 28 5. The proposed amendments will be effective thirty (30) days after approval date, in all areas of the Village, except those areas of the Village which are located in the Coastal Zone. For properties in the Coastal Zone, the amendments will not be effective until approved and certified by the California Coastal Commission. 10 11 12 13 14 15 16 17 L^t-D^.t. FOtlNTAlN , Chairperson DESIGN REVIEW BOARD Housing and Redevelopment Director DRB Resolution No.339 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 340 1 2 3 4 5 6 7 8 9 10 11 WHEREAS, the Carlsbad Housing and Redevelopment Commission and the City Council desire to implement a seamless transition of land use regulations and permit 11 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ZONE CODE AMENDMENTS (CHAPTER 21.35, 21.41 AND 21.81)70 ADDRESS MINOR HEADING/LANGUAGE REVISIONS AND ADDITIONS/CLARIFICATIONS TO ALLOW CONTINUATION OF EXISTING LAND USE AND DEVELOPMENT REGULATIONS AND RELATED POLICIES FOR SPECIAL REVIEW WITHIN THE VILLAGE AREA FOLLOWING EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN IN JULY, 2009. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AND RELATED ORDINANCE AMENDMENTS CASE NO.: _ ZCA 95-10(Ax1VLCPA 95-10(Ax1) _ WHEREAS, the effectiveness date for the Village Redevelopment Project Area Plan will expire as of July 21 , 2009 and the date shall not be extended; and authority following expiration of the Village Redevelopment Project Area Plan; and WHEREAS, in accordance with Section 21.35.140 and 21.52.020 of the Carlsbad Municipal Code, amendments to Carlsbad Municipal Code Title 21, Chapters 21.35, 21.41 and 21.81 relating to policies, processes, procedures for the Village Area and the Village Master Plan and Design Manual, which sets forth the land use classifications, development standards and land use permits for the Village Zone shall be revised to remove references to the Village Redevelopment Plan and/or project area, to incorporate or integrate relevant information from the Village Redevelopment Plan into the Village Master Plan and Design Manual, and to provide clarification language to continue to allow special focus on the Village Area; and WHEREAS, the proposed amendments are set forth in the draft Ordinances, Exhibits "X, Y and Z," dated March 30, 2009, attached for reference and set forth hereto V-R VILLAGE REVIEW ZONE - ZCA 95-10(A); and WHEREAS, the Design Review Board did on the 27th day of April 2009 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any written comments received, the Design Review Board considered all factors relating to the Zone Code Amendments. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 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 b) That based on the evidence presented at the public hearing, the Board hereby RECOMMENDS APPROVAL of ZONE CODE AMENDMENTS ZCA 95-10(AX1) based on the following findings: 1. The proposed Zone Code Amendments, ZCA 95-10(aX1), are consistent with the revised General Plan language that provides for implementing policies and strategies to facilitate development in the Village Area that helps to create a strong identity for the Village, revitalize the area, enhance the economic potential of the Village and establish specific site development standards. 2. The proposed Zone Code Amendment, ZCA 95-10(aX1), reflects sound principles of good planning in that it (a) ensures internal consistency with the procedures and standards of the rest of the existing Zoning Ordinance, as amended, and the Village Master Plan and Design Manual, with proposed revisions thereto, and (b) implements the policies and programs of the General Plan, as revised to accommodate related language/heading revisions and/or language additions. 3. The proposed amendment will be effective thirty (30) days after approval date, in all areas of the Village, except those areas of the Village which are located in the Coastal Zone. For properties in the Coastal Zone, the amendment will not be effective until approved and certified by the California Coastal Commission. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 27th day of April, 2009, by the following vote, to wit: AYES: Baker, Prietto, Schumacher, and Whitton NOES: Lawson ABSENT: None ANTHONY LAWSON, Chairperson74 DESIGN REVIEW BOARD 25 26 27 28 DEBBIE'FOUNTA1 Housing and Redevelopment Director DRB Resolution No. 340 rf (3 DESIGN REVIEW BOARD RESOLUTION NO. 341 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO ADDRESS MINOR TEXT REVISIONS TO ALLOW CONTINUATION OF EXISTING LAND USE AND DEVELOPMENT REGULATIONS AND RELATED POLICIES FOR SPECIAL REVIEW WITHIN THE VILLAGE AREA. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL AMENDMENTS CASE NO: GPA 09-03 WHEREAS, the Carlsbad Redevelopment Agency, "Applicant" has filed a verified9 application with the City of Carlsbad regarding property known as the Carlsbad Village Area; 12 13 14 15 23 24 25 26 27 28 and WHEREAS, said verified application constitutes a request for a General Plan Amendment GPA 09-03 as provided in Government Code Section 65350 et. Seq. and Section 21.52.150 of the Carlsbad Municipal Code as shown on Exhibit "A" dated March 30, 2009, attached hereto and on file in the Carlsbad Housing & Redevelopment Department, and the Local Coastal Program as embodied in the Village Master Plan and Design Manual; and WHEREAS, the Design Review Board did on the 27th day of Apru*, 2009, hold a duly 18 noticed public hearing as prescribed by law to consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony and 20 arguments, if any, of persons desiring to be heard, analyzing the information submitted by staff, 21 and considering any written comments received, said Board considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: DRBRESONO. 341 -1- considerations. 10 " 27 28 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS that the City Council approve of the proposed General Plan Amendment to reflect the recommended revisions to the Village Master Plan and Design Manual and expiration of the Village Redevelopment Project Area Plan GPA 09-03, to the City Council based on the following findings: Findings: 1. The amendments are consistent with Section II of the Land Use Element of the General Plan, Subsection D (Special Planning Considerations) which allows the City to designate specific areas or land uses in the City for special planning 12 2009. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. The amendments are consistent with applicable City plans, ordinances, and other related documents as described in the Design Review Board report dated April 27, DRBRESONO. 341 -2- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review 2 " Board of the City of Carlsbad, California, held on the 27th day of April, 2009 by the following3»vote to wit: 27 28 AYES: Baker, Prietto, Schumacher, and Whitton ABSENT: None 7 " ABSTAIN: None 9 10 11 ANTHONY LAWSON, CHAIRPERSON12!!DESIGN REVIEW BOARD 13 14 ..ATTEST:II15 16 17 1 O " DEBBIE FOUNTAIN 19 " HOUSING AND REDEVELOPMENT DIRECTORII20 21 22 23 24 25 26 DRBRESONO. 341 -3- •71 City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: N/A Environmental Review: Exempt Staff: Debbie Fountain, Housing and Redevelopment Director ITEM NO. 1 DATE: SUBJECT: April 27, 2009 RP/LCPA 95-10(aX1)/ZCA 95-1 OteXD/GPA 09-03 - Recommended revisions to the Village Master Plan and Design Manual Local Coastal Program, City Council Policy No. 65, and amendments to Carlsbad Municipal Code Chapters 21.35, 21.41, 21.81 and text of the General Plan to make minor modifications to address expiration of the Village Redevelopment Plan and to allow for continuation of existing land use and development regulations and related policies within the Village Area for continued revitalization purposes and special review. I. RECOMMENDATION That the Design Review Board hold a public hearing and ADOPT Design Review Board Resolution Nos.337, 338, and 339 recommending Housing and Redevelopment Commission and/or City Council approval of amendments to the Village Master Plan and Design Manual Local Coastal Program and City Council Policy No. 65 to allow for minor headings/language revisions, to incorporate relevant information from the expiring Village Redevelopment Plan into the Village Master Plan and Design Manual and to clarify various provisions, and amendments to Carlsbad Municipal Zone Code Chapters 21.35, 21.41 and 21.81 and the General Plan to address the same minor headings/language revisions and language integration and clarification to allow for continuation of existing land use and development regulations and related policies for special review within the Village Area following expiration of the Village Redevelopment Plan on July 21, 2009. II. PROJECT DESCRIPTION AND BACKGROUND In July, 1981, the City of Carlsbad adopted the Village Redevelopment Plan to create a Village Redevelopment Project Area. When prepared, the Village was suffering from physical decline and obsolescence as well as a declining residential fabric. There was significant physical, social and economic blight requiring redevelopment in the interest of the health, safety and general welfare of the people of the community. Due to these factors, the Carlsbad City Council decided to adopt the Village Area as a redevelopment project under California State Law, and to use the resources and authority available for redevelopment purposes. On July 21, 2009, the effectiveness date for the redevelopment plan will expire. At this time, therefore, there is a need to address the expiration of the plan and to allow for a seamless transition in terms of continuing policies and land use regulations for the Village Area. 73- MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGE 2 As noted above, the Village Redevelopment Area has enjoyed some great success to date which includes, but is not limited to: • Commercial vacancy rates reduced from over 50% (in 1981) to less than 5%. • Increased sales tax revenue (over 25% increase since 2001 when tracking began). • Increased assessed property values from $45 million (in 1981) to $285+ million. • New businesses, including several restaurants, have located to the Village. • New development has and is occurring in the Village. • Over $20 million in public infrastructure has been installed/improved in the Village. • Area has become much more attractive from a visual as well as a "spirit" or "experience" perspective. • Village consistently receives high marks in City Survey - 88% of those surveyed who indicated they visited the Village said they had a good (45%) or excellent (42%) experience. With the above said, there continues to be considerable community interest in continuing the effort to maintain a vibrant Village through focused attention and special review to ensure long term success of past and future redevelopment and/or revitalization programs/projects. Although the redevelopment plan and several related redevelopment authorities will expire on July 21, 2009, the City Council and the community has expressed its desire to provide for a seamless transition of land use regulations and related actions to continue revitalization efforts for the Village Area through unique review/regulations. As a result, staff is proposing to continue the existing zoning and land use designations for the Village Area as well as the existing development standards. Although staff is also proposing to allow for the seamless transition of process for implementation for land use regulation approvals, a change is proposed to sunset the Design Review Board and allow Planning Commission to take action on minor land use permits and appeals of Director decisions and to review and make recommendations as appropriate on major land use permits for the Village Review Area. The Housing and Redevelopment Commission will also transfer jurisdiction to the City Council over land use entitlements within the Area as set forth in the Village Master Plan and Design Manual and implementing ordinances. To allow for a continued special review focus on the Village Area and the applicability of current land use and development regulatory documents, staff is processing revisions or amendments to the Municipal Code and/or Carlsbad Village Master Plan and Design Manual to incorporate necessary information from the Village Redevelopment Plan and/or any other land use regulations. No substantial changes in policy, programs or process are being proposed at this time. The action to be taken at this time is to allow for heading changes and consolidation only, which includes document reference revisions and integration of relevant language from the Village Redevelopment Plan and language clarifications to maintain a special review focus on the area. This report outlines the revisions and amendments proposed to the General Plan, Village Master Plan and Design Manual/Local Coastal Program, Carlsbad Municipal Code Chapters 21.35, 21.41 and 21.81, and City Council Policy No. 65 - signs in the public right-of-way. The details of the actual language for the revisions to be made are noted in the attached exhibits, which include the legislative drafts. MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGE 3 As a final note, the Village Master Plan and Design Manual was originally adopted by the Housing and Redevelopment Commission and the Commission has had the authority for redevelopment plan implementation, including jurisdiction over the issuance of land use entitlements and related actions for properties within the Village Area. This authority and jurisdiction shall be transferred to the City Council with the recommended revisions. III. VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS The revisions proposed for the Village Master Plan and Design Manual are generally summarized below. 1. Remove "Redevelopment" from the title of the Village Master Plan and Design Manual, and remove this reference in all other areas of the document as well. 2. Incorporate the legal description of the Village Area and boundaries map within the Village Master Plan and Design Manual as Appendix A. 3. Integrate select program goals/objectives from the Redevelopment Plan into the Village Master Plan and Design Manual which are not currently included but appropriate to include in the Manual. 4. Incorporate language from the Redevelopment Plan into the Village Master Plan and Design Manual which indicates its legal regulatory standing, and that it takes precedence where it is in conflict with other plans, regulations or standards. 5. Clearly indicate/reconfirm the fact that the Village Master Plan and Design Manual together with other related codes and policies also serve as the Local Coastal Program for the Village Segment of the Carlsbad Coastal Zone. 6. Revise zoning/land use designation label for V-R zone from "Village Redevelopment" to "Village Review". 7. Revise land use permit label for RP from "Redevelopment Permit" to "Village Review Permit". 8. Add language to the Village Master Plan and Design Manual which provides definition of terms, as necessary and appropriate. 9. Revise Implementation Strategy chapter to read "Implementation Measures", and revise implementation program to remove references to redevelopment or the Redevelopment Agency. Responsibility for implementation of the noted measures will transfer to the City. IV. CHAPTER 21.35 - V-R ZONE In addition to the above-noted revisions to the Village Master Plan and Design Manual, some revisions are required to the implementing ordinance, Chapter 21.35 of the Carlsbad Municipal Code. The proposed revisions are summarized below. MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGE 4 1. Delete references to the Redevelopment Plan and term "redevelopment", as appropriate, and reaffirm the regulatory standing of the Village Master Plan and Design Manual. 2. Revise zoning and/or land use designation heading for V-R Zone from "Village Redevelopment Zone" to "Village Review Zone" 3. Revise land use permit heading for RP from "Redevelopment Permit" to Village "Review Permit". 4. Incorporate any other relevant revisions from the Village Master Plan and Design Manual. V. CHAPTER 21.41 - SIGN ORDINANCE In addition to the above-noted revisions, some minor language revisions are required to Chapter 21.41 of the Carlsbad Municipal Code. The proposed revisions are summarized below. 1. Delete references to the Redevelopment Plan and term "redevelopment" and reaffirm the regulatory standing of the Village Master Plan and Design Manual for sign regulation purposes. VI. CHAPTER 21.81 - Coastal Development Permits - Village Area In addition to the above-noted revisions, some revisions are required to the implementing Ordinance, Chapter 21.81 of the Carlsbad Municipal Code. The proposed revisions are summarized below. 1. Delete references to the Redevelopment Plan and term "redevelopment" and reaffirm the regulatory standing of the Village Master Plan and Design Manual and related policies as the local coastal program for the Village segment of the Carlsbad Coastal Zone. 2. Revise zoning and/or land use designation heading for V-R Zone from "Village Redevelopment Zone" to "Village Review Zone". 3. Revise land use permit heading for RP from "Redevelopment Permit" to "Review Permit". 4. Incorporate any other relevant revisions from the Village Master Plan and Design Manual. 5. Define the Village Area boundaries through reference to a map. VII. CHAPTER 2.24 (DESIGN REVIEW BOARD) AND CHAPTER 2.26 (PLANNING COMMISSION) Revisions to land use review and action related to the Design Review Board and Planning Commission will be processed directly to the City Council. For information purposes, however, the City Council at its workshops on March 18, 2009 indicated its wishes to sunset the Design Review Board as of June 30, 2009 and allow the Planning Commission to assume responsibility for review and action/recommendation on minor and major land use permits and applicable appeals for the Village Area as set forth in the Village Master Plan and Design Manual. MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGES VIM. LOCAL COASTAL PROGRAM The Village Master Plan and Design Manual and together with implementing ordinances, Chapters 21.35, 21.41 and 21.81 of the Carlsbad Municipal Code, represent the Local Coastal Program (LCP) for the Village Redevelopment Area. Because some of the proposed amendments will apply within the Village portion of the City's Coastal Zone and the Village Master Plan and Design Manual and implementing policies are being amended, a minor Local Coastal Program Amendment is also being processed at this time. The proposed revisions to the Village Master Plan and Design Manual and related revisions to the various chapters of the Carlsbad Municipal Code are not substantive and only involve reference changes, incorporate relevant information from the Village Redevelopment Plan into the Manual and provide clarification language. No construction or development is involved with the proposed amendment and there are no proposed revisions to development standards, guidelines or programs. Therefore, the changes will not adversely impact coastal resources, obstruct coastal views or otherwise damage the visual beauty of the coastal zone and are therefore consistent with Local Coastal Program policies. Projects processed in the Coastal Zone will continue to require a Coastal Development Permit and be required to comply with all applicable provisions and policies of the certified Local Coastal Program for the Village. The City Attorney has advised that the proposed local coastal program amendment may be designated by the Executive Director of the Commission as being minor in nature if the Executive Director determines that the proposed amendment would have no impact, either individually or cumulatively on coastal resources, is consistent with the policies of Chapter 3 and meets certain criteria including public noticing of the proposed amendments. If the proposed amendment is determined to be de minimis, the proposed amendment is required to be noticed in the agenda of the next regularly scheduled meeting of the Coastal Commission. Those amendments designated as de minimis take effect on the tenth (10th) day after the date of the Commission meeting unless appealed by three or more members of the Coastal Commission. IX. GENERAL PLAN AMENDMENT The Land Use Element of the City of Carlsbad's General Plan notes the Village as an area under "Special Planning Considerations". This originally was an appropriate designation because the Village was a redevelopment project area. Although the Village will no longer be a redevelopment project area under State Law as of July 21, 2009, it is staff's recommendation that the Village remain a "Special Planning Consideration" area because it will remain a special review area with its own unique standards that do not apply anywhere else within the City. The discussion on the Village refers to its establishment as a redevelopment project area. This reference will be removed from the General Plan language. The language/text regarding the "Village Master Plan" and "Village Design Guidelines Manual" will be revised to reflect that these two separate documents are now, and have been for some time, combined into one document known as the "Village Master Plan and Design Manual". These text changes are the only proposed revisions to the General Plan at this time. MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGE 6 X. CITY COUNCIL POLICY ON SIGNS IN THE PUBLIC RIGHT-OF-WAY City Council Policy No. 65 which addresses signs in the public right-of-way should likewise be revised to remove the reference to "redevelopment" and revise identification of the "Village Redevelopment Area" to simply "Village Area" for the purposes of display of A-Frame signs and banners within the public right-of-way. This represents a minor change in the heading for the Village, but not a policy change. XI. SUMMARY As noted above, there are a number of changes proposed to the V/7/age Master Plan and Design Manual, the related implementing ordinance(s), and the Council Policy on Signs in the Public Right-of-Way. These revisions are proposed to simply delete language/headings referencing the redevelopment plan and/or redevelopment project area due to the expiration of the Village Redevelopment Plan, to incorporate or integrate relevant language from the Village Redevelopment Plan to support continued special review focus in the Village Area, and to provide clarification or definitional language. These revisions will make appropriate references, change the headings for land use permits approved for the area, integrate information from the Redevelopment Plan into the Village Master Plan and Design Manual, and also reaffirm the regulatory standing of the Village Master Plan and Design Manual and implementing ordinances as the appropriate land use and development regulations and Local Coastal Program for the Village Area. The Village will now be designated as a special review area rather than a redevelopment project area. XII. ENVIRONMENTAL REVIEW An environmental review of the project has been conducted by the Planning Director pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Director has found the project to be exempt from environmental review pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA Guidelines. XIII. STAFF RECOMMENDATION It is recommended that the Design Review Board hold a public hearing to accept public testimony and approve the noted resolutions to recommend approval of amendments to the Village Master Plan and Design Manual Local Coastal Program to allow for minor heading/language revisions, incorporation of relevant information from the Village Redevelopment Plan into the Village Master Plan and Design Manual, to provide clarification and/or definitional language, and to amend Carlsbad Municipal Code Chapters 21.35, 21.41 and 21.81 to address said revisions/changes to allow for continuation of existing land use and development regulations and related policies within the Village Area following expiration of the Village Redevelopment Plan in July 21, 2009. EXHIBITS: 1. Design Review Board Resolution No.337 recommending approval of LCPA 95-10(aX1) for revisions required to the Village Redevelopment Master Plan and Design Manual Local Coastal Program and City Council Policy No. 65, to address expiration of the Village 77 MASTER PLAN REVISIONS - RP /LCPA 95-10(AXl)/ZCA 95-10(aXl)/GPA 09-03 APRIL 27, 2009 PAGE? Redevelopment Plan, with attachment of a map and legal description of Village Area Boundaries and attachment of legislative drafts (redline & strikeout) of modified pages. 2. Design Review Board Resolution No. 338 recommending approval of ZCA 95-10(aX1) for amendments to Chapters 21.35, 21.41 and 21.81 of the Carlsbad Municipal Code to make language/heading changes related to expiration of the Village Redevelopment Plan, with attachment of legislative draft (redline & strikeout) of proposed Zone Code Amendments (Chapters 21.35, 21.41 and 21.81). 3. Design Review Board Resolution No. 339 recommending approval of GPA 09-03 for minor text revisions, with attachment of legislative draft (redline & strikeout) of proposed General Plan Amendment. Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: APRIL 27, 2009 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Lawson called the Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE Chairperson Lawson asked Board Member Prietto to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Lawson proceeded with the roll call of Board Members. Present: Board Members: Julie Baker John Prietto Michael Schumacher Frank Whitton Chairperson: Anthony Lawson Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the January 26, 2009, as written. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Lawson asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms, Fountain said the item on the agenda tonight is related to the expiration of our Redevelopment Plan in the Village Area. In proceeding tonight, we will talk about the Redevelopment Plan itself and why we need to take the actions that we are taking tonight. Also, we will give you some information on the success of redevelopment to date and what happens next. The Village Redevelopment Plan was adopted originally in July of 1981. The reasons given for its adoption was physical decline in the Village Area, obsolescence in terms of building usage, buildings themselves and a declining residential fabric in the Village. At the time that we formed the Redevelopment Area, over 50% of the commercial buildings in the downtown area were vacant; either boarded up or completely vacant. There were declining property values, declining sales tax, there were a lot of disreputable businesses in the Village, and the Council decided at the time to take action related to trying to revitalize the Village from an infrastructure standpoint as well as a business revitalization standpoint. In 1981 they did adopt the Village Redevelopment Plan. At that time, it was a 25 year time limit on the plan. It would have expired in July of 2006, however, prior to the expiration of the plan, the State of California decided that it needed to take some money from the redevelopment agencies to help with the state financial issues. When they did take funding from the agencies, it was referred to as an ERAF payment or an Educational Revenue Augmentation Fund payment. The state was taking money from the redevelopment agencies to give to the school districts to help fund the mandate by the state in terms of the level of funding that is required for schools in the state of California. When they did that, they passed legislation that said, "redevelopment areas could automatically extend their redevelopment plans or effectiveness dates for the redevelopment plans without having to make any of the normal findings or go through the normal amendment process." We were allowed three year extensions on the plan. As of this year, however, there are no further extensions available; therefore, the plan is expected to expire on July 21, 2009. DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 2 of 14 As a result of that, we need to make some decisions on how to address the expiration of the different policy documents. The Redevelopment Plan itself is one policy document. It is a very general document that talks about what the tools of redevelopment are, what the authorities of a redevelopment agency are. We currently have two redevelopment areas in Carlsbad; the first one is the Village Area, and the second one is the South Carlsbad Coastal Redevelopment Area. It starts at the power plant property, and it goes south from there into the Ponto area. That area was formed in 2000. It is a fairly recent redevelopment area. It will still continue. We will still have a Redevelopment Agency, and there will still be activities related to redevelopment, but the Redevelopment Plan for the Village is expiring. In March, staff presented to the City Council in a workshop setting to find out what their ideas were on how to continue revitalization efforts in the Village Area. We made some assumptions when we went to Council, and those assumptions were that we wanted to continue to focus on the Village Area as a special review area so that we could ensure the long term success of what has happened with redevelopment so far and make sure that none of that is lost as we continue into the future. We wanted to have a seamless transition in terms of the land use regulations for the Village because they are unique and they are special. There are many standards and policies that are allowed from a land use standpoint in the Village Area that are not allowed anywhere else within the city. They are very unique. We did not want to process any zone changes in the Village. We wanted to keep the VR zoning. We wanted to maintain the development standards as they are because as you all know, only a couple of years ago we went forward with some fairly major revisions to our Development Standards and we wanted to ensure their continuation from a land use regulation standpoint. We also indicated we wanted to ensure a seamless transition for the process of land use permits and the cohesion of the land use regulations, and also look at the tax increment financing. There are regulations within redevelopment law that allow us to continue to fund projects for about the next ten years in the Redevelopment Area even though the Redevelopment Plan is expiring. I will talk a little bit more about that later. During the workshop, the Council indicated they accepted the staff assumptions in how to proceed. That resulted in what we are bringing forward to you tonight. Some reference and narrative changes are necessary, and to remove some references related to redevelopment and redevelopment plans and project areas are required. There is actually no program or policy changes within what we are giving you tonight, but it is to allow continuing policies and regulations for the Village and to continue to allow that seamless transition of process. Because the plan has been in effect since 1981, sometimes it is hard to remember that we have made positive change and that positive things have happened. It doesn't mean that there still might not be more that we want to do and more revitalization that needs to occur, but sometimes it is good to remind ourselves that there has been success. We have reduced vacancy rates in the Village Area. Even with the current economy, we are still at less than 5% vacancy. When we started the Redevelopment Plan in 1981, we were over 50% vacancy. We have increased sales tax nearly 25% in just the last few years. We have increased assessed property values for the Village. We started out at about $45 million dollars in assessed property values, specifically for the Village and within the Village boundaries. We are now well over $285+ million in assessed values. We have had new businesses that have come to the Village, new development, and over $20 million dollars in public infrastructure improvements. The area has become much more attractive, and we spent quite a bit of money on beautification projects in the area which have been positively received. The Village consistently receives high marks in the city survey whenever it is done in terms of the number of people visiting and what their assessment is of the Village. It almost nearly always receives a good or excellent rank when asked about the experience in the Village. Through Envision Carlsbad, we have heard a lot from the community that there is still an interest in village revitalization. Fairly consistently in all the workshops and various surveys, the Village continues to be of high interest to the community in terms of continuing that revitalization effort. There is a need for continued focused attention and special review; both the staff and the community have indicated they would like to see that. You can do that without a redevelopment plan. There are a number of cities around us that have done this without redevelopment plans in place. It is just different tools that are used. It is possible. We did, as I mentioned, want to continue the existing zoning, which is VR, and the existing land use designations. We do still want to accommodate a special review permit process for the Village. There was a decision made by the Council, however, they would like to sunset the Design Review Board and turn over the responsibilities to the Planning Commission for review and acting or recommending on land use permits. The permits they would act on would remain the same and that process would remain the same. Rather than having the Design DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 3 of 14 Review Board acting on those, it is proposed to have the Planning Commission. That particular ordinance revision is not in front of you tonight. That is something that would go directly to the City Council. In the Master Plan document there are revisions that relate to this in changing it from Design Review Board to Planning Commission. We also will be transferring the jurisdiction from the Housing and Redevelopment Commission or the Redevelopment Agency to the City Council for review of permits. Currently the Design Review Board makes a recommendation to the Housing and Redevelopment Commission; if approved by the City Council that will now be Planning Commission to the City Council. The City Council and the Housing and Redevelopment Commission are the same body so the people that are making the decision will not change. They just have a different legal jurisdiction or name when they are acting as the Redevelopment Agency. As we continue our special review, the proposal that is before you tonight is to make revisions or amendments to the Municipal Code and/or the Carlsbad Village Master Plan and Design Manual, to maintain special review focus, to incorporate necessary information from the Village Redevelopment Plan. Also if there was some language in the Redevelopment Plan that we thought was important to include in the Village Master Plan, we have incorporated that and integrated it into the changes thai we are proposing to the Village Master Plan. All in all, when you look at the revisions that we are making, there are no substantial changes in policy programs or the process proposed other than mentioning about the Design Review Board. It is mostly heading changes and consolidation. There are document reference revisions, integration of relevant language and language clarifications. The types of revisions within the Carlsbad Village Master Plan and Design Manual as well as the related ordinances are primarily to remove references to "redevelopment" and to the Redevelopment Plan and Project Area. We are incorporating the legal description that was in the Village Redevelopment Plan which means the boundaries that will be covered by the Village Master Plan will stay the same. We are not changing any of the mapping boundaries. We have incorporated a few extra goals and objectives that we thought were relevant from the Redevelopment Plan into the Village Master Plan. They don't really change our goals and objectives that much. It was just an additional focus on the Village that we thought had some good language in it. We want to confirm the legal regulatory standing of the Village Master Plan and Design Manual and restate that whenever there is a conflict between the Village Master Plan and any other chapters of the Municipal Code, then the Village Master Plan will always stand in precedence. We are reconfirming that the Carlsbad Village Master Plan serves as the local coastal program for the Village. We are changing the term "Village Redevelopment Zone" to "Village Review Zone" so we can keep the initials VR. In this case, we don't have to change any of our maps. We will change "Village Redevelopment Permit" to "Village Review Permit." Again, our RP initials will stand so we don't create confusion over previous redevelopment permits that were issued. Anything for the Village will still have an RP designation in terms of the permit. We have provided some clarification through better definitions in what the Village Master Plan is, what types of permits there are. We had a small change to our implementation section; rather than calling it a strategy, we are just referring to it as measures. Again, we are removing references to the Redevelopment Agency in the implementation section. Other documents that are being revised are the Carlsbad Municipal Code Chapters 21.35 and 21.41; 21.35 is the specific code that establishes the Village Area and sets forth the Village Master Plan as the regulatory document; 21.41 is related to signs, and there are small changes in that code to remove references to redevelopment; and, 21.81 is the coastal development permit section for the Village Area, making similar changes. The local coastal program is being revised with these changes as well. There is not a separate local coastal program document. The Village Master Plan and Design Manual and the implementing ordinances are the local coastal program. We have a small General Plan amendment, which is changing references to the "Redevelopment Area." We are still going to consider it a special planning consideration in the General Plan so it can have its unique development standards. The City Council Policy number 65, which is related to signs in the public right-of-way such as our A-frame signs, our banners on the street poles, is to remove references to "Redevelopment." In summary, the revisions to the Village Master Plan and Design Manual and implementing ordinances and policies are before you tonight to delete the references to the Redevelopment Plan or the project area, SI DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 4 of 14 incorporate relevant language from the Redevelopment Plan, and continue special focus in the Village Area. One of the biggest concerns that I hear on a regular basis is what will happen to the Village if nobody is paying attention to it, if nobody is giving it special focus. The message that we want to send with what we are doing tonight is there will continue to be a special focus on the Village. Some of the techniques and tools that we use for that and some of the staffing that we use may change over time, but there still will be a special focus and the City Council still feels it is a special area and it needs special attention. Through redevelopment, we are changing the message about the Village Area and what it is. As we speak about the Village in a positive way, positive things will happen to the Village. As we speak about the Village in a positive way, positive things will happen to the Village. I am providing you with some of the positive statements we have come up with recently through different business groups. The Village is a vibrant commercial center that attracts new and exciting, unique businesses and helps existing businesses to grow and prosper. We want to provide a platinum shopping experience for all who visit. People really believe they get top quality customer service when they come to the Village, and we want it to be better than just good. We have an abundance of free parking, more than plenty for all who live, work and play in Carlsbad. We want to keep encouraging people to come visit all the different uses that are in the Village; not just retail, but the services and the restaurants. We want to make sure the message is that we have an incredible gift for Carlsbad through the Village and the opportunities it provides for shopping, eating, and entertainment. We want it to be a fun place to be so we want to add entertainment. We want to add more art venues and culture and be a place where people know they can come and have a good time, but that it is also family oriented. This last point is really important, that we are focused on continuous improvement enhancement We are not saying that everything has been done that could possibly be done. Retail areas really need to continue to grow and change to be prosperous in the future. As noted earlier, we can continue that revitalization effort even without the Redevelopment Plan in place. The recommendation for you tonight as the Bpard is to accept public testimony on the proposed revisions, accept the CEQA exempt determination, and then you have several resolutions to adopt, 337, 338, and 339. These will recommend to the Housing and Redevelopment t«Qmmission and the City Council the approval of the amendments or the revisions that we have made to the Villagfe Master Plan and Design Manual, the local coastal program, and City Council Policy Number 65. Also, we recommend the approval of the amendments to the different chapters of the Municipal Code that we mentioned, 21,35, 21.41, and 21.81. Also the General Plan amendment to address the expiration of the Village Redevelopment Plan. That is staffs recommendation and report. Board Member Whitton asked Chairperson Lawson if we could poll the Board to see what their opinion is. This is really a straight forward document where we are just simply changing verbiage and titles and transferring them over to the City Council and the Planning Commission. It is nothing substantive has been changed at all. Unless anyone has any serious questions, perhaps we could ask the Board if they could just vote. Chairperson Lawson said he personally has a lot of questions. I would not be in favor of that. I think first of all we need to follow a certain procedure here this evening. I would not be supportive of that. Unless you have a group that wants to do that, then by all means. I don't understand what the purpose is of needing to jump past this. Board Member Whitton said it is really a straight forward document. You are not making any substantial changes. You are just moving things over in the appropriate documents with the Planning Commission and the Master Plan and changing the verbiage so they fit in there. There are no real significant changes other than just reference material and narrative changes. I suggest simply that perhaps the Chairman might want to ask the Board Members how they feel. If you have questions, I don't have a problem with that. I am just offering. Chairperson Lawson said he has some significant questions that he wants to put out there and straighten out. I would like to make sure I get those on the record and through the process. Board Member Whitton asked if Chairperson Lawson would like to poll the Board. Chairperson Lawson said he would prefer to not poll the Board because he wants to move forward with this. Board Member Baker said Board Member Whitton is just asking to poll the Board, not make the decision. DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 5 of 14 Chairperson Lawson said then I'll poll the Board. Board Member Prietto, would you like to rubber stamp this or would you like to discuss this. Board Member Prietto said it is administrative, just housekeeping, in terms of changing it. But I do have some questions on some of these other issues. Board Member Schumacher agreed. It is mostly administrative, but I have a couple of questions. Chairperson Lawson said he agrees there is a lot of administrative aspects of all this that I would agree to, but I would still like to go through. Board Member Baker said it doesn't matter. Chairperson Lawson asked if there are any specific questions of staff at this time. Board Member Prietto said generally when a company consolidates, it is to save money. Can you tell me if we are saving money by disbanding the Design Review Board? Ms. Fountain said we did complete an analysis to compare what we think the administrative costs are related to the Design Review Board and the Planning Commission. It is not necessarily being doti'efor cost savings purposes. Actually, our administrative support of the Design Review Board is only about a.third of what we project to be for the Planning Commission. I think based on the City Council's feedback, it was related to the city moving toward build out. The Planning Commission will be dealing more and more with infill development like what is happening in the Village Area. The thought was if the Planning Commission is moving more towards that and that is similar to what the Design Review Board, then wouldn't it be more appropriate just to have one body looking at it all? Obviously, I can't speak entirely for all of the City Council as to what their thinking was on that, but I don't think it was so much as cost cutting as an efficiency of process in terms of having one board looking at land use permits rather than two separate boards. Board Member Prietto said he hopes the process doesn't create a further disconnect with the people in the Village. I live and work in the Village, and there are a lot of shop owners that really don't participate because of the disconnect. I just hope it doesn't get further by pushing these decisions further away from the Village. I think the Design Review Board has the opportunity to be a little closer to the shop owners. They are very delicate in their lives in being able to be successful. I think part of our job here is not just to follow the rules and regulations, but to help them to become successful. If the City Council closes down the Design Review Board, I hope they will at least invest in the VIP or some organization to make that connection. Ms. Fountain said that information will be captured as part of the minutes as well. I know the City Council does read the minutes from the different boards and commissions so they will hear your concern. Board Member Schumacher said he has similar concerns. I echo Board Member Prietto's comments. I think that regardless of whether it is the Design Review Board or the Planning Commission that has jurisdiction over the Redevelopment Area, my bigger concern is that from a staff level going through and interpreting the redevelopment and the code and coming up with creative solutions is something that is special to the Redevelopment Area as opposed to new development we have seen throughout the rest of the city. That is where the rubber meets the road, and I would hope the city, Redevelopment Agency or staff I hope it is stated in the Redevelopment Agency on a staff level so those negotiations for those unique properties that the Village has plenty of continues to have that ability to have flexibility at a staff level. Board Member Schumacher asked Ms. Fountain to talk a little bit more about "another 10 years funding can be spent in the Village." Can you talk a little bit more about that. When redevelopment plans expire, contracts or certain agreements can be approved continuing implementation of projects or programs. We have a ten year window where we can continue to pay for those projects and programs with redevelopment tax increment monies. Tax increment is a portion of property taxes that are specifically identified within your Redevelopment Area that are used to repay debt. We have a lot of debt in the Village Area. We have debt for bonds that we previously issued for the Streetscape Program, infrastructure projects, etc. We also have city loans taken for a variety of different programs and DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 6 of 14 projects. We have the ability to continue to pay for any programs or projects that we have in place at the time that the plan expires. We have previously had the City Council take action to identify other projects or programs they would like to continue to implement in the Village Area, and those would have to be implemented within the next ten years or ten years after the expiration of the plan effectiveness date. We can continue to pay for them with redevelopment monies. The City Council has already said they would like to do that, but we still have to have them take formal action on the contract between the Redevelopment Agency and the city, basically saying the city will implement those projects for the Redevelopment Area over the next ten years. The projects include more streetscape improvements, a public parking garage potentially on North County Transit property, and other programs that could continue such as administration of the Redevelopment Office, paying for its staff, paying for the continuing programs that we have been working like business development and improvement programs. It could potentially fund the VIP or other types of programs like that. Board Member Schumacher asked then at the end of ten years, in year eleven, the Redevelopment Agency will have the funds already spent or they are no longer eligible to be spent, then the Redevelopment Agency really doesn't have a presence in the Village anymore? Ms. Fountain said the Redevelopment Agency will continue to exist as long as we have a Redevelopment Plan that is still effective, which we will have the South Carlsbad Redevelopment Plan, it is a 30 year plan. So a Redevelopment Agency will still be in place. What the Redevelopment Agency can pay for in the Village Area, will change on that eleventh year. Then it will have to go into more General Fund type projects and it will be the same CIP, Capital Improvement Program, that the city uses for the remainder of the City. Board Member Baker asked Ms. Fountain is it for certain that redevelopment cannot be renewed? Because I have had several conversations with people down in the Village who have put together some plans and have looked at some long term ideas. Their idea is that it can be extended and renewed. All you have to do is get our local legislators to ask for it to be extended or renewed. I have heard you say many times over the year that it is a question of blight findings. I am just asking for some clarification on that question. I think you know who I am talking about and what the issue is. Ms. Fountain said we have had that question come up a number of times. Staff understands it is hard to let the plan expire. To extend a redevelopment plan or even to create a new redevelopment plan, the process is the same. You have to be able to determine that you have substantial blight in an area to either form a redevelopment area or to extend the effectiveness date. To try and make the findings in our current Village Area that we still have substantial blight are almost impossible to make. We may still have pockets of areas that we feel are blighted and that can still meet the test, but when you have increasing sales tax or at least your sales tax is holding, you have increasing property values, you have reduced vacancy rates, it is very hard to make both the economic and the physical blight findings that you need to make to extend a redevelopment area. I think what some people might be thinking about is that the legislature could just pass legislation that says you can just extend like they did when they took money from us. Just to pass legislation that says a redevelopment plan can extend without having some circumstances for doing that, I just don't think is realistic. There have been various proposals that have been submitted to the state. I know the City of Industry has actually submitted a proposal to the state to allow all redevelopment areas to automatically extend for 30 years and then the state could take 5% off the top for their financial crisis. But the California Redevelopment Association is a major advocacy group and would not support that type of proposal because under the state constitution, the state is not allowed to take money from redevelopment. There is a lawsuit that is going on right now over that whole issue. It is not realistic to think the state is going to pass legislation to do it, especially for ope city. I am speaking on my own opinion of what I think. We haven't asked the legislature to pass a resolution to allow the City of Carlsbad to extend its Redevelopment Plan. Just understanding redevelopment, understanding what the purpose of .redevelopment is, it would be hard to see why it would have any benefit to the state and that they would be willing to do that. There comes a point in time that you have to declare victory and say that you have done what redevelopment intended for you to do. Redevelopment is all about blight elimination, and if you have blight or blighting influences, redevelopment is supposed to help you resolve those. It is not a program specifically to say we wanted a bigger, better development project than we got or we wanted a city hall to be built in our downtown area and it wasn't. That is not really what redevelopment is for. When you can start saying you have addressed a lot of what your blight determination was when you originally formed your redevelopment area, it would be very difficult then to make findings that say you need to continue. If you have been doing redevelopment for 28 years and you can still say you have substantial blight in an area, somebody has to ask the question: What have you been DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 7 of 14 doing for 28 years? It is a tough one. It is hard to let go sometimes and to say we have done what we can with this part, but there is still more to do that we can do through other programs. Because we have this ten year window where we can continue to implement some programs and projects with the redevelopment funding, I think it serves the same purpose as would be for extending the Redevelopment Plan for another ten years. Board Member Baker said she has two more questions. Some decisions the Planning Commission makes are final. Am I to understand from your presentation and the staff report that every village project is only advisory to the Council, that the Council would have the final decision? Ms. Fountain said we are not actually proposing to make any changes to the type of permits that we have so that structure will remain the same. If we have a new major redevelopment project, regardless of whether it could have been something the Planning Commission could have approved (Because it was 50 units or less of residential or something similar to that; it would still have to go to City Council. So the Planning Commission would still only be a recommending body to the City Council. Minor redevelopment permits can be approved by the Design Review Board so they could be approved by the Planning Commission. Appeals for administrative decisions that currently go to the Design Review Board would go to the Planning Commission and could be final, unless obviously appealed to the City Council. So that structure will all remain the same. Board Member Baker said to follow up on that question, will the Redevelopment Director's title change? Is your office still going to be the point of contact for projects in the Village or do they all gd to Faraday now? Will the Planning Director be the one you can appeal his decision to or how is that going to work? Ms. Fountain said currently we are not making any changes in staff assignments so we will continue as we are. That would mean the Redevelopment Director or our Redevelopment Planner would be making the presentations to the Planning Commission. That is always subject to change in the future. That may be something that is changed. It is not written into the Village Master Plan as to what staff serves. We would need to make changes eventually if you eliminated the Housing and Redevelopment Director and where it said Housing and Redevelopment Director would make the decision, an administrative decision, and that needs to be changed to the Planning Director. That might be something that would have to come back at a later date if that type of decision was made. It doesn't mean that it couldn't be made in the future. Board Member Baker said her last question concerns the Coastal Commission. Have they agreed to sign off on the changes or what is their position on it? Ms. Fountain said she has spoken with the Coastal Commission and they feel it would be a minor or a de minimus action and I will be sending them a copy of the report that you are seeing tonight so they can determine that for sure. Based on what we have shared with them, they feel it probably is not significant because we are not changing any policies or programs, but it does need to go to them because we are changing those local coastal program documents. Chairperson Lawson said he would like to get a clarification. In the Design Manual, you have a new goal. I was just trying to understand it. I understand most of the administrative changes where you are just cleaning things up, but there is goal 1.10, which says: Establish the Village Center Area as the San Diego North County's focus for specialty goods and services. Is that a new one? Ms. Fountain said actually 1.9 and 1.10 are new ones; those that are underlined. This is an integration from the Redevelopment Plan into the Village Master Plan. These were some goals that were in that document that we didn't think was clearly stated in the goals and objectives that we already had so we added them. It is similar to the goals I had put up on the slide that we have always wanted the Village Area to serve that purpose as being a specialty retail center so that it was different than a mall or it was different than other retail centers we have in Carlsbad and other surrounding cities. We had unique businesses, we had special focus types of areas, and if we look at the Business Development Plan that was developed a couple of years ago when we brought Kennedy Smith in as our consultant, she reinforced that in the Business Development Plan; try to attract unique businesses to your Village Area. Don't try to be a copycat of some other area in trying to get the national chains or the same stores that are other places; try to be unique, try to be different and try to be a focus area to show that you are special in some way. This message in this goal just reiterated what we had in the Business Development Plan so it made sense to incorporate it. DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 8 of 14 Chairperson Lawson asked would it allow for a business that would be unique to where it may not fit within the so-called guidelines and zoning ordinances and codes outside of the Village Area or is it an emphasis that we are trying to maintain uniqueness? Are there any types of businesses that this would help to perpetuate? Ms. Fountain said it wasn't so much in saying it is a unique business that doesn't necessarily fit somewhere else. It was more the type of product that is sold might be unique or it might be something that you don't see everywhere else or you might get a group of stores in the Village Area that found a niche that is not being met somewhere else. Chairperson Lawson said to Ms. Fountain in her presentation in the beginning she talked about the successes that we have met. Could you go back to that slide? Would it be correct to interpret that those successes took place because of the Redevelopment designation or could they also have taken place through time? With time, businesses come in and economics change. Are all of those attributable primarily just because and would not have happened if there wasn't the redevelopment designation? Ms. Fountain said most areas the economy effects a lot of what happens. Specifically in the Village Area if there hadn't been a focus, if there hadn't been a designated effort that the Council decided to do in 1981, and it actually started back as early as the mid 70's as the community started thinking about the Village Area and what needs to happen. I don't think if that focused effort hadn't been there, that we would have seen the type of change that is more directive. I think what you might have seen happen is whatever the economy would support would be the types of uses that might come in to the area. I think because it was more directive, there were specific goals and objectives of what was trying to be accomplished. But I think the final success was better. It wasn't just filling spaces. It was filling spaces with the types of businesses that the community wanted to see and not just be attractive to the outside but attractive to its own residents and visitors. I think because it was directive and it was specific in terms of what was trying to be accomplished, we had a better result than we would have if we had just let the economy decide what was going to happen in the Village. Chairperson Lawson said he would agree. Also, when you met with the City Council at the workshop that you made reference to, is it true that the first recommendations as you presented to the Council at that time did not address the issue of sun setting the Design Review Board or did it? Ms. Fountain said we gave the City Council several options related to the current process and the Design Review Board. One of the options was sun setting it. It was not staff's initial recommendation, but it was one of the options that was listed. We had about four options listed and one of them was sun setting the Design Review Board. Chairperson Lawson said as it being not your initial recommendation, what might have been some of the reasons in that staff initial thought that the Design Review Board had a role. Ms. Fountain said initially because one of our assumptions was that we wanted to allow for a seamless transition from Redevelopment Plan expiration to a new day, we were making an assumption that everything would stay the same. The process would all stay the same, the Design Review Board would all stay the same to continue that special focus. The City Council, once they were reviewing all those options, felt that because of the change in the whole community, this may be the right time to make that change and to sunset the Design Review Board. It was going into it with some different assumptions. Chairperson Lawson said that he had heard that during the discussion with the City Council at that workshop that it was suggested that the past and or present Design Review Board members had been polled for their opinion on this. Can you elaborate on if that is true or not? Ms. Fountain said during the discussion around the Design Review Board, there was reference to one of the Council members talking to some of the past Design Review Board members and Planning Commission to bounce the idea off of them as to if this made any sense. There was feedback that it seemed to make sense to do it. Chairperson Lawson opened public testimony. Mario Monroy who resides at 749 Magnolia Avenue, Carlsbad: I support what is being proposed mostly because I think things have really changed over the years. Probably one of the most important things is that DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 9 of 14 the real estate value of the area from Buena Vista to Agua Hadianda has gotten so pricey that unless a wide revision to densities and design is changed, the pedestrian traffic for the Village is never going to materialize, especially in the winter. One of the things that I learned by looking at the Barrio, for example, is that 60% of the people who own real estate in the Barrio are absentee owners. When you hold a meeting, none of those people show up. With the changes that have taken place and with the fact that Carlsbad is approaching build out and all those things together, I think the area, and one of the things we discussed when the VIP was formed was that when you say Village, you mean from Agua Hadianda to the Buena Vista Lagoon. So the Redevelopment Area being called the Village detracts from the surrounding areas as well. Look at the densities that are north of the Village on Jefferson. The Redevelopment Area never looked beyond those boundaries. They don't have the slightest idea what densities they can place, what the economics are, and the economics have been studied by the city for the Redevelopment Area all apply to the north side and to the south side because without change, there is absolutely no incentive. Since those properties were developed prior to the Village, the Redevelopment Area, the densities are very high. When we changed things in 1986, nobody paid attention to what happened to the Village going from lagoon to lagoon. Now things are happening because of more interest. I think it is time to look beyond those boundaries. With that I support what is being proposed. Ms. Fountain said on the Design Review Board Resolution 339, we originally had this set for the Design Review Board to make a recommendation to the Planning Commission on the General Plan amendment. We have since that time, determined that this would not need to go to the Planning Commission. It can go directly from the Design Review Board to the City Council and the Housing and Redevelopment Commission. We will need to take out the reference that it is recommending to the Planning Commission. It will be just recommending directly to the City Council. Chairperson Lawson said thank you because that was confusing. Ms. Fountain said when we first prepared this, we had a different thought on how this would get processed and we changed it and we forgot to change the resolution. Chairperson Lawson closed the public testimony. He has one follow up question. As it is probably apparent through the topics that I have been raising and some other comments that have been raised or questions asked of staff, is it possible to move everything forward as a recommendation without transferring the reviewing authority or the issue of sun setting the Design Review Board. That all of the other recommendations, the changing of the documents and references to the process and such, they could be done with still having the Design Review Board be a body that reviews the applications within this designated area. Is that possible and if so, could that be done? Ms. Mobaldi said we could do that. If you wanted to do that, I would recommend that you vote and if the majority is in favor, make a minute motion on that one issue, then recommend approval of the other resolutions as proposed. Board Member Baker said just a clarification. Do you mean a minute motion or an amendment to the motion? Ms. Mobaldi said it would actually be both. You would make a minute motion that the Design Review Board not be sun setted and then you would amend the other resolution to that affect as well. Chairperson Lawson said this is still just a recommendation and nothing more. Obviously it is a suggestion not final by any means. Ms. Mobaldi answered yes, it still has to go to the City Council. Chairperson Lawson asked if there are any discussion items or issues or topics that anyone would like to bring up before moving on this. Board Member Baker said she would like to say between working on the Chamber's Downtown Task Force and CVIP and the Design Review Board, I have spent a lot of time with Ms. Fountain and her staff, and I would like to say you have all done a really great job. I know it has been frustrating because people in the Village like to whine about as much as they like to raise a toast. I think you all have done a really great job DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 10 of 14 with working down there. Something to consider and something I have thought about is if it is determined that the Planning Commission will be the review body, I think we might want to think about hiring a Downtown Chief or Czar or somebody down there whose job is partly to think about building and projects but partly to think about marketing and the overall focus of the Village. I know your office has tried to do that, but in certain ways it has been hard because there are a lot of rules down there. If we just had a person such as the Village Chief or the Village Czar or whoever it is. I think North Park has had a model similar to that that if people wanted to develop something in the area, they would go into that office and they would help the person with what the plans are and what the ideas are and what they can do and what they can't do. They can help them negotiate through the Planning Department and process. They have also acted as the marketing consultant and chief with a budget of advertising to sell and be a coordinator of activities that go on in the area. I am wondering if maybe the time hasn't come to do that kind of thing. We talk about funding the CVIP or the CVA, but maybe if it is a city employee that has connections with the city and knows how to get things done, then it might go a long way to solving some of the problems ttjat you all have expressed tonight about losing the connection with the Village. Really at the end of the day the Design Review Board as well as the Planning Commission are land use deciders. We are not marketing people. That is why it does make some sense, in my opinion, to move the review process to the Planning Commission because the bodies are land use issues, and they are not overall making the Village a better place kind of issues. I just wanted to say that maybe it is time to hire someone whose function is a little different than Ms. Fountain's has been but has some of the abilities to do marketing, tourism and planning and business development; even going so far as going out and trying to recruit businesses and form ideas. Thank you and it has been great being a part of this body and working with all of you. Chairperson Lawson said he would like to further elaborate about that topic. Would you then be suggesting that is part of the recommendation moving forward? Are you recommending that be added to these recommendations in lieu of the loss of local representation and it is important to have that or is this just an opinion being offered? Board Member Baker said she is not suggesting that we make this a recommendation. I am just using this ability to bully pulpit and hoping the City Council Will read this and the powers that be will think that is an idea work pursuing. Maybe it is and maybe it isn't. Maybe it is just something that people who are knowledgeable about this get together and hammer out how that happens. It just seems like a lot happens in the Village and there are just so many rules and maybe it is time to think about hiring the person whose job it is to get by the rules or solve the problem or make things work rather than strictly enforce rules. I am just wondering if it is time to move to that kind of model. I do support sun setting the Design Review Board. Ms. Fountain, you have done an admirable job. I don't want you to think that is a reflection. Board Member Whitton said he agrees with that comment that Board Member Baker just made. I think that an advocate of that sort, so long as there are perimeters drawn around it so as not to conflict with the Chamber of Commerce, and focus on the downtown area or the Redevelopment Area only would be a good idea. It has lots of potential. Again, not to minimize anything Ms. Fountain has done, she has done a great job for this city. Board Member Schumacher agreed with the kudos to the Redevelopment Agency. I agree with having somebody that can play that role going forward. I think there is a lot of unfinished business that the city has already spent energy and money, not least the Kennedy Smith report that exists on paper and needs to be implemented. Without somebody in that role, I am concerned it will just founder. Board Member Prietto said if the job of the Design Review Board is to check boxes and follow rules and regulations, I agree. Push it up to corporate somewhere, and let them follow the rules. The people who are downtown that are self-employed that don't have the 3% at 30, that don't have the 401K, that don't have the sick days, that don't have the holidays, and they live and breathe by virtue of how well they do and it is so delicate, it requires a depth touch. I think the Council hasn't been able to really make that connection. You see it in the eyes of the proprietors downtown that have that "aw shucks" attitude and they are not willing to toast because they see it again and they see it again and they see it again. Somehow, there has to be a connection. I don't have the answer, but I can see the frustration in the shop owners. Maybe a Czar or somebody, a player, somebody who understands being self-employed and maybe have some self- employment experience that can empathize with not having the ability to stay home because the doors have to be open. Maybe the VIP is the answer. DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 11 of 14 Ms. Mobaldi wanted to remind the Design Review Board that these ideas are fine and sharing them is fine, but there is nothing on the agenda about whether or not there is going to be somebody hired to manage the Village. That is not before you tonight. You are not voting on that. Chairperson Lawson said he hopes the Board understands that. Board Member Baker said she knows that but just wanted to take the opportunity. Chairperson Lawson said he considers himself the senior person on the Design Review Board. I think I have been here a little bit beyond two terms. I have always found as a business owner who is in the Village, I have the best view on the Village than anybody sitting up above State Street, and I see everybody that comes and goes. I walk the streets just about every day and am down in there, and there Is an extreme important value in the fact that you do have a connection to it. I have always prided myself and this body that is what we do. We look at the interest and the merits of things within the Village, not just whether they meet height requirements and setbacks, but how they are complimentary to promoting things down in the Village. It does concern me. I have not been on the Planning Commission. I have spent my amount of time watching them and presenting to them and for 20 or 30 years I have been politically active in Carlsbad. It is a different body, I think, than the Design Review Board. I am saddened to think this entity will not continue to move forward. Maybe even the makeup could be slightly changed. Without doing as Ms. Mobaldi mentioned, changing and introducing something different, but maybe the makeup of this entity could slightly be tweaked or whatever to be more loaded with the people that are indeed in the Village or have some interest in that, I might be a minority opinion of this group, but I think the Design Review Board actually plays a very, very valuable roll that is different than the Planning Commission. I think at some point, obviously when the boundaries of the area no longer exists, than there is no reason to have a separate group. I think there is a lot of merit. I have taken pride in all of the things we have done and looked at and entertained and tried to promote through the different things with working with a number of different staff as well that have all been fabulous contributions to the city. Frankly, I think a message should be sent to the City Council before they sunset this board, they need to think about how they are truly going to be able to accomplish those things. The suggestions that were brought up by those that are in favor of supporting it, I think are testimony to why they should be thinking about that before they actually do the sun setting and how we are going to maintain that level of representation. I hope everyone here and it is clear in the record I think this group has performed admirably in representing and furthering all of the goals that have been mentioned and have been part of the successes that have been stated in the presentation. With that, ram not in favor of supporting the recommendations here as long as it is in support of sun setting the Design Review Board. It is not out of personal interest because I don't think I will be on here much longer anyway, even it was to continue. I need to move on because I have been on for two terms. I can support all of the other clean up issues that have to be done, but I would not be supportive of sun setting the Design Review Board without a true plan that replaces the uniqueness that it offers. With that unless there are any other comments, I will entertain a motion. Board Member Baker moved that the Design Review Board adopt Design Review Board Resolutions number 339, 440 and 441 recommending Housing and Redevelopment Commission and or City Council approval of the amendments to the Village Master Plan and Design Manual, Local Coastal Program and City Council Policy number 65 to allow for minor headings/language or revisions, to incorporate relevant information from the expiring Village Redevelopment Plan into the Village Master Plan and Design Manual and to clarify various provisions and amendments to the Carlsbad Municipal Code Chapters 21.35, 21.41, and 21.81 and the General Plan to address the same minor headings, language or revisions and language integration and clarifications to allow for continuation of existing land use and development regulations and related policies for special review within the Village Area following expiration of the Village Redevelopment Plan on July 21, 2009. Board Member Whitton seconded. He continued that he tends to favor the Design Review Board per se, however, I think I agree we have to reach beyond the boundaries of downtown and start incorporating a vision of these other areas that are contiguous to the boundaries of the Redevelopment Area. Chairperson Lawson said if that is true, the boundaries still exist. Board Member Whitton said he knows the boundaries still exist. DESIGN REVIEW BOARD MINUTES APRIL 27,2009 PAGE 12 of 14 Chairperson Lawson continued that all of this documentation pertains only to areas within that so that is not precluded, is it not from still happening? Your Planning Commission could take all of these very same things and try to be incorporating them outside of the boundary. There is nothing that stops that from happening. Board Member Whitton said he agrees. Board Member Baker said yes there is. Chairperson Lawson asked what that is. Board Member Baker said a lot of the City of Carlsbad's rules are different for properties that are within the Redevelopment Area then are outside of the Redevelopment Area. You can't take what is in that and apply it to areas outside of the Redevelopment Area because the rules are different in many cases as far as parking, building height, recreational spaces, all kinds of issues. Board Member Whitton said he is going to withdraw his comment and,leave it as it is. I second the motion. VOTE: 4-1 AYES: Baker, Prietto, Schumacher, and Whitton NOES: Lawson ABSTAIN: None ABSENT: None Ms. Mobaldi asked Chairperson Lawson if he is opposed to the entire motion or just to the expiration of the Design Review Board. Chairperson Lawson said he is opposed to the expiration of the Design Review Board. DIRECTOR'S REPORT Ms. Fountain said she was not going to technically say this was the last meeting of the Design Review Board because until the City Council takes action on the changes to sunset the DRB, then it wouldn't be official. So there is still a potential that tf something happens between now and then, we may still need to have another Design Review Board Meeting. We may or may not have any additional projects to bring forward to the Design Review Board. If we don't and the City Council does sunset the Design Review Board, we will at least have a celebration dinner or something so we can honor all of you for all of the work you have done on the Board. We will let you know how things progress. We will take all of your comments forward to the City Council in the form of the minutes so they will be aware of what your concerns were and we'll continue to try and address those as we move forward. Chairperson Lawson asked Mrs. Fountain when you would anticipate knowing that information. Ms. Fountain asked as to when it would go to Council? Chairperson Lawson said yes. Ms. Fountain answered at this time we are not sure because the budget is starting to get processed for the city and that tends to take up a lot of time on each agenda. It may not be until the end of June before we are able to go to the Council but we will let you know. Chairperson Lawson said seeing that there is a possibility we may not meet again, is it possible to get a very brief update on some of the big projects that we voted on and approved and were anticipating moving forward; on whether or not they are moving forward, such as the Lumiare and there was another hotel. Just something confirming whether it is moving forward or not. Ms. Fountain asked if he would like to have another meeting for that. Chairperson Lawson said no, just some brief additional insight. We could take advantage of this potential last time to hear from you. DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 13 of 14 Ms. Fountain commented it won't be the last time you hear from me but maybe in a different capacity. We don't have a lot of information on some of the projects that have been approved in the past. I did just receive an e-mail today though on the Springhill Suites Project that is on Carlsbad Boulevard where the Surf Motel is and they are moving forward on their working drawings on their project, and they actually are looking at making it a leed-certified hotel so they are looking for funding to help with that. That was the purpose of their e-mail today. It was nice to hear they are working on their drawings and still plan to go forward. The Lumiare Project, we understand, is on hold right now. That is not any surprise with the current economy in terms of the fact that project included condominiums as well as hotel rooms and a restaurant. They will wait for the right time. I think eventually that project will move forward. The project that is right next to us has just recently completed construction, the Roosevelt Center. They went forward, as you remember, to get a tentative map approved for their project so they could possibly sell some of their space. They are moving forward to get their space leased up and sold. We do have a restaurant that has been proposed with retail wine sales. The restaurant is called Per Se. It is going to be a French American Restaurant and wine sales. They are moving forward and they have had somebody already move in to one of their residential units. One of the staff people in our office took a tour of their whole project and was impressed. The views from the residential units are very nice. We have quite a few projects on the books that right now we haven't seen working drawings for. Whether or not they will come in the future, I'm not sure. We are watching them to make sure that if they have permits that are expiring or if they have maps that are expiring, that we are helping them to process extensions so they don't have to restart their whole process over again. Board Member Whitton asked Ms. Fountain about Ponto Beach. Board Member Baker said that is coming before the Planning Commission in the next month. Ms. Fountain said we have our first application going forward for a hotel, the Hilton Hotel Resort. That will be May 6, 2009, and it is the first project. With the Coastal Commission we are still trying to get approval of the Vision Plan, but we are still moving forward with the projects. We did resolve the lawsuit that we had on the EIR, thanks to our Attorney's Office. We don't have any other formal applications. Chairperson Lawson said he wants to thank staff immensely. It has been a real pleasure working with Ms. Mobaldi, Ms. Crescent! and Mr. Silva and all of the staff over the years. I greatly appreciate it. It has been a great experience and I greatly appreciate everything that you all have done. Ms. Fountain said thank you. We plan right now that the process will continue as it is for a while. Obviously there is always change that is possible in the future, but I think the City Council is focused on the area as a special area. I think they are looking to continue that effort and all of you have a part to play in that in whatever capacity that might be as board members of the VIP or as developers or business owners in the Village. Even if the Design Review Board does sunset, there is still a role for everybody to play and our office will continue to play our role in that as long as it serves the purpose. Board Member Baker announced that the Carlsbad Village Improvement Partnership along with the Business Association is sponsoring an event on Friday, May 1st. It is Art Surf. It is free. It is not a fund raiser. It is just fun. It started because we wanted to make the Village alive and so we found some empty storefronts and they are being painted by artists and the galleries will be open and the wine stores will be open. The idea is just to wander through the Village, drink some wine, look at art and have some fun. ADJOURNMENT By proper motion, the Design Review Board of April 27, 2009, was adjourned at 7:27 p.m. Respectfully submitted, Debbie Fountain DESIGN REVIEW BOARD MINUTES APRIL 27, 2009 PAGE 14 of 14 Housing and Redevelopment Director PATRICIA CRESCENTI Minutes Clerk NOTE: Due to a clerical error, the Design Review Board Resolutions were changed from 337, 338 and 339 to now reflect 339, 340, and 341. HOUSING AND REDEVELOPMENT COMMISSION AND CITY COUNCIL JOINT PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Housing and Redevelopment Commission and City Council of the City of Carlsbad will hold a joint public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 23, 2009, to consider the following: LCPA 95-10fAXlVZCA 95-10faXlVMCA 95-01(axl)/GPA 09-03 -Village Master Plan and Design Manual Amendments - Recommendation to approve a Local Coastal Program Amendment, Zone Code Amendment, a Municipal Code Amendment as well as a General Plan Amendment consisting of minor label and language modifications to address expiration of the Village Redevelopment Project Area Plan and to allow for continuation of existing land use and development regulations and related policies for special review within the Village Area following expiration of the Village Redevelopment Plan on July 21, 2009. Environmental review for the project was completed pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Director has found the project to be exempt from environmental review pursuant to Section 15061(b)(3) (The General Rule) of the State CEQA guidelines. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the proposed amendments are available for review at the Housing and Redevelopment Department, 2965 Roosevelt Street, Suite B, Carlsbad, California 92008 during regular business hours from 7:30am to 5:30pm, Monday through Thursday and 8:00am to 5:00pm on Friday. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available from the Housing and Redevelopment Department on Friday, June 19, 2009. If you have any questions, please contact Debbie Fountain, Housing and Redevelopment Director, at (760) 434-2935 or dfoun@ci.carlsbad.ca.us. Village Redevelopment Project Area PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA 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 arn the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 13th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 15fv day of Jur' . ____ Jane Alllhouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of COMI NOTICE IS HEREBY GIVEN to you, becauseyour Interest may be affected, that the Housing andRedevelopment Commission and City Council of theCity of Carlsbad will hold a joint public hearing at theCouncil Chambers, 1200 Carlsbad Village DriveCarlsbad, California, at 6:00 p.m. on Tuesday, June23, 2009, to consider the following: LCPt 5-10(1)/Z •10fa3PA 09-03 -Village MasterAmendments - Recommendatjc ilo approveZone Code l(ax'Manual ... .. ._.a Local Coastal Program Amendi.Amendment, a Municipal Code Aimas a General Plan Amendment coi.label and language modifications totion of the VilTage Redevelopment Project Area Planand to allow for continuation of existing land use anddevelopment regulations and related policies for spe-cial review within the Village Area following expirationof the Village Redevelopment Plan on July 21, 2009. Environmental review for the project was completedpursuant to the Guidelines for Implementation of theCalifornia Environmental Quality Act and the Environ-mental Protection Ordinance of the City of Carlsbad.As a result of said review, the Planning Director hasfound the project to be exempt from environmentareview pursuant to Section 15061(b)(3) (The GeneralRule) ofthe State CEQA guidelines If you challenge this project in court, you may be lim-ited to raising only those issues you or someone elseraised at the public hearing described in this notice orin written correspondence ed at the public hearing de-scribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: City Clerk'sOffice, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing. Copies of the proposed amendments are available for -jular business hours from7:30am to 5:30pm, Monday through Thursday and8:00am to 5:00pm on Friday. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesr"-- Staff report will be available from the Housingirtment on Friday, June 19,1 e contact Deb-iment Director,id.ca.us. Publish: June 13, 2009 NCT 2216301 Chapter 2 1.35 Legislative Draft (dated March 30,2009) Chapter 21.35 V-R VILLAGE -REVIEW ZONE 24.35.01 0 Intent and ourcase. 21.35.020 Incorporation of ~villa~e master plan and desian manual by reference. 21.35.030 Land affected bv this chader. 21.35.040 Permitted uses. 21.35.050 Provisional uses. 21 35.060 General reaulations. 21 -35.070 ~Villaae Review permit. 21 -35.080 Rdw&me&Villane Development ~roiects. 21.35.085 Permit application. 21.35.090 Housin~ and redevelopment director action. 21.35.1 00 -Planning commission action. 21.35.1 10 Effective date of order-&peat of -1annin~ commission decision. 21.35.115 j . . Citv Counril -ction. 21.35.1 19 Notice of Dublic hearinas. 21.35.120 Consolidation of other permits and discretionary a~provals--Findinas reauirements. 21.35.130 Variances. 21.35.140 Compliance with other ~rovisions of this code. 21.35.1 50 Amendments. 21.35.01 0 Intent and purpose. The village veview zone is intended to establish land use classifications and develop standards and procedures for that uniaue area of the city described in he Cadsbad village -aster ~lan and desinn manual and accordinn to the map a~~roved and on file in the Housinn and Redevelopment and Citv Clerk ofices. This zone adopts the land use classifications and development standards of the Carlsbad village gaster plan and design manual is the zoning for the area designated. (Ord. NS-330 § 4 (part), 1 995) 21.35.01 5 Viltaae Redevelopment Plan Expiration Adopted on Julv 21. I 981. the Carlsbad Villane area redevelopment plans has sewed together with the Villase master plan and desian manual to reaulate land use and development in the Villane area for the purpose of sliminatins blinht and bliqhtinn influences. and to revitalize the area. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment nl-n fir( Julv 2 1,2009 +he Carlsbad Vill-e Redevelopment Pmi=f Fa- +n-ifiafd and the ad Redeveloor it A~ency's authorrty to act pursuar jevetoament alan exGre with exception of the reauirements to wav ~reviouslv incurred indebtedness. to com~lv with Section 33333.8 of the California Health and Safetv Code Ifor provision of affordable housinal and to enforce existins covenants. contracts or other obliaations ard tn an0 And u-nl pro~ertv. Modifications to the Villase master ~lan and desinn manual Carlsbad Housinn and Redevelopment Commission on i and herebv incornorated by reference into this chap& - transfer land use and development authority within the Village area frc.. . . .- Redevelopment Commission to the Citv of Carlsbad. The City Council has reaffirmed that Carlsbad Villane master ~lan and desian manual to~ether with irn~lementing ordinances ar policies shall continue to serve as the land use and develo~ment renulatory document for mls unique Villane Area to continue the revitalization effort. 21.35.020 Incorporation of -village master plan and design manual by reference, themvillage 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 rndified by Carlsbad housing and redevelopment commission Resolution No. 2007-273 on November 6, 2007 and modified bv Carlsbad housina and redevelopment commission Resolution No. on . 2009 are hereby adopted by reference and incorporated into this chapter. (Ord. NS-703 § 2,2004: Ord. NS-439 3 I 1, 1998: Ord. NS-371 5 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 5 4 (part), 1995) 21.35.030 Land affected by this chapter. This chapter shall apply only to lands located within the boundaries of the area known 8s the Carlsbad village area, the boundaries of which are described in the Carlsbad village afea -aster ~lan and desian manual and accordina to map ao~roved and on file in the Housina and Redevelopment and Citv Clerk offices. (Ord. NS-330 5 4 (part), 1995) 21.35.040 Permitted uses. Only those ]anduses specified in the Carlsbad avillage master plan and design manual as permitted uses for particular property in the viltage -review area shall be permitted. (Ord. NS-330 5 4 (part), f 995) 21.35.050 Provisional uses. Uses permitted as provisional uses by the Carlsbad village area vhgemaster plan and design manual shalt be permitted upon issuance of a Awebpwt villaae review permif 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 bvillage 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) Unless othemise 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 --. review permit. (Ord. NS-330 5 4 (part), 1995) 21.35.080 FVi t laqe review projects. (a) Exempt Projects. No wvillaqe review 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 .&I .030; and requires no -village review 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; andlor (2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal floor area; andlor (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; andlor (4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; andlor (5) Repair or maintenance activities which are exempt from a coastal development permit; andlor (6) Activities of public utilities regulated by a government agency; andlor (7) A project that requires no variance of any type; andlor (8) Demolition of a structure, unless such a demolition activity has the potential to have an adverse impact on coastal resources andlor access to the coast. (b) Nonexempt Projects. There are three types of -villaae review permits required for nonexempt projects. One permit for each type of wdevelopment project described as follows: (1) Administrative -Villaae Review Project. An administrative villane review project is one which involves development with an estimated permit value of less than sixty thousand dollars, and requires no other discretionary approvals, except an administrative variance within the authority of either the director of planning or the director, including, but not limited to: (A) New construction of building(s) or addition(s) to the building footprint; andlor (B) Interior or exterior improvements to existing structures which result in an intensity of use; andlor (C) Provisional land uses, where a minor or major WviHase review permit is not required; andlor (D) Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issueslproblems; andlor (E) Signs for existing businesses or facilities; andlor (F) Repair or maintenance activities which are not exempt projects. (2) Minor FVillase Review Project. A minor dedqwmtvillaae review project is one which does not qualify as an administrative -villaae review proiect and involves development with an estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. (3) Major YVillane Review Project. A major villa~e review project is one which involves development 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 --permit for a non-exempt develowment 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 precessed in accordance with the provisions of Section 21.54.01 0 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 -Planning Commission and the . . qity Council. (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 5 4 (part), 1995) 21.35.090 Housing ancl 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 dap 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 appliwnt's name, an indication that the project is located in the viltage 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 --. review permits for the villaqe as defined in Section 21 -35.080, subject to appeal to the d8si.g~ wwewbadPlanninq Commission. (c) After all necessary reports and recommendations have been received the director shall transmit the application for a minor or major -villaae review permit together with the reports and the recommendations of the appropriate departments to the &S&WWIW WPlanninn Commission for a public hearing. (d) The director shall transmit to the -planninn commission 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 &&we&w -lamina commission shall serve as the appropriate approving bodies for projects within the village dwdqme&~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 -plannins commission. (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 S4.140 of this code. (Ord. NS-675 5 33,2003; Ord. NS-330 § 4 (part), 1995) 21.35.1 00 -Planninq commission action. (a) The -lamina commission shall hold a public hearing on: (1) Appeals of decisions made by the director on administrative pvillaqe review permits for the villaae area as defined in Section 21.35.080 or administrative variances; (2) Minor or major dwe@mwkvillase review permits; and (3) Nonadministrative variances for which the board has final decision-making autfiority pursuant to Section 21.35. t 30(b). (b) For major w&AqmwLvillane review projects, the ~mmission shall consider the evidence and by resolution report and recommend to the -itv council approval, conditional approval, or denial of the project. Such resolution shall state, among other things, the facts and reasons why the baA-commission 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 -unciI. (c) The BeaFECcommission shall have sole authority to consider the . evidence . and by resolution report and recommend to the nity council approval, condition approval, or denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village Master Plan and Design Manual andlor other policy documents specifically related to activities which benefit andlor otherwise impact the Village Area.-=(Ord. NS-675 5 34,2003: Ord. NS-330 5 4 (part), 1995) 21.35.1 0 Effective date of order--Appeal of rlac;lrnplanning comrnision decision. The effective date of the -plannitlo commission decision and method for appeal of such decision shall be governed by Section 21 S4.150 of this code. (Ord. MS-675 5 35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-330 $4 (part), 1995) 21.35.115 1 . . itv Council action. The C . . ih, council shall hold a public hearing on: (a) Any major ~villaqe review permit for which the 7- commission has filed a report and recommendation with the city clerk; or (b) Any other matter made appealable to the ~ouncil by this chapter and which has been timely appealed. (Ord. NS-330 5 4 (part), 1995) 21.35.1 17 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 5 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 andlor Title 20 notwithstanding this chapter, the -villaae review permit shall be deemed to satisfy the requirements for such permit or approval; provided, however, that in considering the -village review permit for said project the director, -planning commission and the . . itv council shall apply the provisions of this ~hapter and the provisions of this title otherwise applicable to such other permit or approval for the project. (b) Whenever a project consists only of exemption determinations andlor 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 4dgweWw Wplannina commission 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 andlor administrative variance aspects shall be consolidated with the other matters and submitted to the -1annina commission. (d) No variance, determination of exemption or administrative, minor or major dew@m~4 villase review 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, grid the village master plan and design manual. (Ord. NS-330 5 4 (part), 1995) 21 -35.1 30 Variances. . . (a) The city nmmlcclnn~jt~cncil may grant variances from the limits, restrictions and controls established by this chapter for major ~villaae review 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? Garkba4 -nd the Carlsbad village vaster 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 coastat program and that the variance does not reduce or in any manner adversely affect he protection of coastal resources as specified in the zones included in this title, and that the varianoe implements the purposes of zones adopted to implement the local coastal program land use plan. (b) An application for a varianoe shall be processed in the same manner established by this chapter for a w&wbpw&villase review permit. (c) The -planninn commission may grant variances from the limits, restrictions and controls established by this chapter for minor veview projects (or otherwise administrative projects consolidated or on appeal from a director decision), if the boat4 commission 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 5 36, 2003: Ord. NS-330 5 4 (part), 1995) 21.35.1 40 Compliance with other provisions of this code. Projects developed pursuant to this chapter shall be subject to the provisions of the €ad&& -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 3 4 (part), 1995) 21.35.1 50 Amendments. AmendmenfS to kthe 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 bwhg-ad . . pity council resolution, with a recommendation from the &6@+www Wplanning commission 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) Chapter 2 1.4 1 Legislative DraR Excerpt (dated 3130109) Chapter 21.41 SIGN ORDINANCE 21.41 .010 Applicabilitv. 21.41 .010 Applicability. The provisions of this chapter shall apply generally to all zones established by this title. Properties and uses in the village dw&pe&,eview(VR) zone are regulated first by the sign standards of the Carlsbad village vaster plan and design manual, and then, to the extent not covered by said master plan and desian manual, by the provisions of this chapter. Signs on public property, both within the village -review zone and other zones, are controlled by city council policy. In those areas of the city where master plan or specific plan sign standards or sign programs were adopted by ordinanoe as special zoning regulations, those sign standards or sign programs shall apply; however, the "substitution" provisions of this chapter, section 21 .41.025(2), shall apply to such programs and plans. All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)), except that if any such sign program is proposed for amendment to increase overall sign area allowed, then the sign program must be amended to conform with all development and design standards of this chapter. Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS-606 3 I (part), 2001) Chapter 2 1.8 1 Legislative DraR (dated 3/30/09) Chapter 21.81 COASTAL DEVELOPMENT PERMITS--VILLAGE REVIEW ZONE 21.81 -01 0 Definitions. 21.81.020 Permit required. WDeveloDment from coastal deveto~ment wermit procedures. 21 -81.035 Re~air and maintenance activities rewiring a coastal develo~ment permit. 2'1.81.040 Awnlication. 21.81.050 Duties of housinn and redevelowment director--Exemptions--Emeraencv osmits. 21 -81 -055 Administrative coastal development permits. 21 -81 -060 Transmittal to -PIannin~ Commission. 21.81.070 -Planning commission action. 21.81.080 Effective date of order--Appeal of -Plannina Commission decision. 21 -81 -090 0 . . City council action. 21.81.100 Public hearings. 21.81.1 I0 A~Deals t0 coastal commission. 21 -81 .I I 5 Coastal development permits issued bv the Coastal Commission. 21.81 -120 Notice of final local action. 21.81 .I 30 Effective date of wermit. 22.81 -1 40 Review of recorded documents. 21.81 .I 50 A~olications for emeraencv oennits. 21.81 -1 60 Ex~iration of coastal permits. 21 -81 ,165 Amendment to coastal develo~ment ~ermit. 21.81.01 0 Definitions. (a) Coastal Zone. 'Coastal zone" means that portion of the Carlsbad coastal rone located within the area of the city described &fithe Carlsbad village master plan and desian manual and shown on the map entitled Carlsbad Villaae senment of Carlsbad Coastal Zone dated and on file in he offices of Housinq and Redevelopment and Citv Clerk.- (b) Coastal Commission. "Coastal Commission" means the California Coastal Commission. (c) Development. 'DevelopmenP' means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; . change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the subdivision map act and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of private, public or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 451 1 ). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. (d) Major Energy Facility. 'Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. (e) Major Public Works Project. 'Major public works projecr means any public works project as defined by Title 14 California Code of Regulations Section 1301 2 and exceeding one hundred thousand dollars in estimated cost of construction. (Amended during 2-04 supplement; Ord. MS- 675 93 78 (part), 2003; Ord. NS-330 § 6 (part), 1995) 21.81.020 Permit required. Unless a development is exempt from coastal development permit procedures pursuant to Section 21 -81.030, no development shall occur in the coastal zone without a permit having first been issued according to the provisions of this chapter. (Ord. NS-330 § 6 (part), 1995) 21.81.030 Development exempt from coastal development permit procedures. (a) Categorical Exclusions. (1) A permit issued for a development which is mtegorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610, shall be exempt from the requirement of this chapter. (2) The city council may designate by resolution, after a public hearing, categories of development which have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast. Development which has been so designated shall be categorically exempt from the provisions of this chapter. The designation of any categorical exemption shall not be effective until the exemption has been approved by the Coastal Commission. The housina and redevelowment director andplanning director shall keep a record of all permits issued for categorically exempt projects as specified in subsection (a)(l ) of this section. (b) Exempt Projects. In addition to those projects categorically excluded pursuant to subsection (a), the following projects are exempt from the requirements of a coastal development permit: (1 ) Improvements to existing single-family residential building except: (A) On a beach, wetland or seaward of the mean high tide line where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff; (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of ten percent or more of internal Root area of an existing structure or an additional improvement of ten percent or less where an improvement to the shcture had previously been undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by more than ten percent of an existing structure andlor any significant nonattached structure such as garages, fenws, shoreline protective works or dwks; (C) Any significant alteration of land forms including removal or replacement of vegetation on a beach. wetland. or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsection (b)(3) of this section. For the purposes of this section an existing single-family residential building shall include all appurtenanoes and other accessory structures, including decks, directly attached to the residence; accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences, storage sheds but not including guest houses or selfcontained residential units; landscaping on the lot. (2) Improvements to existing shctures other than a single-family residence or public works facility except: (A) On a beach, wetland, stream or lake; seaward of the mean high tide line; where the structure or improvement would encroach within f@ feet of the edge of the coastal bluff; (B) On property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, any improvement that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the slmcture had previously been undertaken pursuant to Public Resourcss Code Section 1061 0(a), or an increase in height by more than ten percent of an existing structure andlor any significant nonattached structure such as garages, fences, shoreline protective works or docks; (C) Any improvement which changes the intensity of use of a structure; and (D) Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune. or within one hundred feet of the edge of a coastal bluff or stream except as provided in subsection (b)(3) of this section. (3) The following improvements are exempt from the requirements of a coastal permit regardless of location: (A) Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas; (B) Additions resulting in a cumulative increase of less than ten percent of the internal floor area of an existing structure; (C) Repair or maintenance activities not described in Section 21.81.035; (D) Activities of public utilities as specified in the repair, maintenance and utility hook-up exclusion adopted by the Coastal Commission, September 5.1978, and as modified from time to time. (Ord. NS-330 § 6 (part), d 995) 21 "81.035 Repair and maintenance activities requiring a coastal development permit. (a) The following repair and maintenance activities require a coastal development permit bmuse they involve a risk of substantial adverse environmental impact: (1 ) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: (A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surFace or subsuece structures; (B) The placement, whether temporary or permanent, of rip-rap, artificial hms of sand or omer beach materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; (C) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or (D) The presence, Wether temporary or permanent, of mechanized construction equipment or construction materials on any sandy area or bluff or within twenty feet of coastal waters or streams. (2) Any method of routine maintenance dredging that involves: (A) The dredging of one hundred thousand cubic yards or more within a twelve-month period; (B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or (C) The removal, sale or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. (3) Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within filly feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that indude: (A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; (B) The presence, whether temporary or permanent, of mechanized equipment or construction materials. AH repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to those activities specifically described in the document entitled repair, maintenance, and utility hook-ups, adopted by the Coastal Commission on September 5,1978, (b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. (Ord. NS-330 § 6 (part), 1995) 21.81.040 Application. Application for a coastal development permit shall be made in accordance with the procedures set forth in this section. (a) An application for a permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the director upon forms provided by the director and shall be processed in accordance with Section 21.54.01 0 of this code. (b) At the time of filing the application the applicant shall pay a processing fee in an amount specified by city council resolution. (c) 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 evidenoe of notice having been served upon them of the pending application, or as evidenoe of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers wity council. 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. (d) Whenever the development would require a permit or approval under the provisions of this title, notwithstanding this chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal permit may be consolidated into one application. (e) The director may require that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantially lessen any significant effect on the environment which may be caused by the development. (Ord. NS-330 5 6 (part), 1995) 21.81.050 Duties of housing and redevelopment di rector--Exemptions-Emergency permits. (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 21.81.030. No permit shall be required for a project which is exempt from the requirements of this chapter. 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 coastal zone, the location of the project, and a brief description of the project. The record shall also include the reason for exemption. The director shall determine the exemption based on the certified local coastal program, including maps, categorical exclusions and other exemptions, land use designations and zoning ordinances. The director shall inform the applicant whether the project is exempt (and whether in the "appealable area," if not exempt) within ten calendar days of the determination that the application is complete. The written notice to the applicant shall include advice that, if dissatisfied with the determination, the applicant (or director) can request the opinion of the Coastal Commission's executive director in accordance with 14 Code of California Regulations Section 13569. (b) The director may issue emergency permits in accordance with Section 21.81.1 50. (Ord. NS- 330 5 6 (part), 1995) 21.81 -055 Administrative coastal development permits. (a) The director may issue all coastal development permits related to administrative &w&pwW+villane review permits and administrative variances as defined in Sections 21.35.070 and 21.35.090(e) of this code. The coastal development permit shall be processed concurrently with the administrative mdw&pw&villaae review permit. If the project includes permits or other discretionary approvals outside the director's administrative permit authority, the administrative permit aspects shall be consolidated with the other matters and submitted to the -anninn commission in accordance with Section 21.81.060. (b) If the project is in the nonappealable area of the coastal zone, the director shall give notice of pending development approval in writing, within ten calendar days after the application is complete, as follows: (1 ) Contents. The notice shall include all the matters required by 14 Code of California Regulations Section 13568 (b), including statement of a public comment period of at least ten calendar days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. (2) Recipients. The notice shall be sent by first class mail to: (A) Any person requesting to be on the mailing list for the project or for coastal decisions; and (B) Afl property owners and residents within one hundred feet of the project perimeter; and (C) The Coastal Commission. (c) The director may approve, approve with conditions, or deny the permit. The decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program (and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act). (d) The director's decision shall be the final local action and shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision or determination. The director shall give notice of the final local decision in accordance with Section 21.81.1 20 of this code. (e) The effective date of the director's decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this code. The director shall give notice of final local decision on the appeal in accordance with Section 21 -81 .120. (f) If the project is within the appealable area of the coastal zone, the director shall give notice of a public hearing to be held before the director to consider said application in accordance with Section 21 -81 .I 00. The notice shall contain the matters and be mailed at the time and in the manner required by 14 CCR Section 13565. The director shall conduct the public hearing generally in the same manner as a public hearing before the -planninq commission. Following the public hearing before the director, the director shall issue a written notice of the decision% the same manner and to the same persons as for a nonappealable area decision set forth in subsections (c) and (d) of this section. The director's decision may be appealed in writing to the vplanninn commission in the same manner as for nonappealable area decision set forth in subsection (e) of this section. The director shall give notice of the final local decision in accordanoe with Section 21.81 .I 20. (g) If the project does not qualify for an exemption, an administrative permit or an emergency permit then the director shall set the matter for a public hearing before the Mplanning commission. The coastal permit may be set for hearing concurrently with any other discretionary permit or approval for the project. (Ord. NS-675 § 66,2003; Ord. NS-330 5 6 (part), 1995) 21.81.060 Transmittal to -planninq commission. Unless the development is exempt, qualifies for an emergency permit, or qualifies for an administrative -villaae reviewlwastal development permit, the director shall transmit the application, together with a recommendation thereon, to the bdplannina commission and give notice for public hearing thereon in accordance with Sections 21.54.060(1), 21 -54.061, and, if applicable, 21 S4.070 when all necessary reports and processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary permit or approval required for the project. (Ord. NS-330 5 6 (part), 1995) 21.81.070 -PIanninq commission action. After a public hearing the rt,,;,,_,,,,;,.,tannina commission may approve, conditionally approve or deny the application, unless the application includes a major &w&pwW-viIIaae review permit. If the application includes a major villase review -permit, the bead6 commission's action shall be a recommendation to the -itv council. No recommendation for approval, approval or conditional approval shall be given unless the vplannina commission finds that the development is consistent with the provisions of the local coastal program for the coastal zone and, if applicable, in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act. (Ord. NS-330 § 6 (part), 1995) 21.81.080 Effective date of order--Appeal of -planning commission decision. (a) The effective date of the -~lannin~ commission's decision and the method for appeal of such decision shall be governed by Section 21 -54.1 50 of this code. (b) The decision of the . . ity council shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the development for which a coastal development permit also requires other discretionary permits or approvals for which the -plannin~ commission is not given final approval authority, then the -plannina commission action on the coastal development permit shall be deemed a recommendation to the hitv council. (Ord. NS-675 5 67,2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6 (part), 1995) 21.81.090 0 . . Citv Council action. If the application for the coastal development permit is for a major mvillaae reviewlcoastal development, is consolidated with other discretionary permits or approvals, pursuant to this code for which the -plannim commission does not have final . . approval authority, or is a timely appeal, the hitv muncil shall hold a public hearing on the coastal development permit application. At the public hearing, the . . itv council shall consider the Wlannins commision's action or r~ommendation, shall consider the evidence presented at the public hearing, review the matter, and shall approve, conditionally approve or disapprove the coastal development permit, approval or appeal. No approval or conditional approval shall be given unless the . . itv council finds that the development is consistent with the provisions of the Carlsbad village master plan and design manual as certified by the Coastal Commission and which constitute the local wastal program, and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. The decision of then . . itv council is final. (Ord. NS-330 5 6 (part), 1995) 21.81 .I 00 Public hearings. Whenever a public hearing is required by this chapter, notice of the hearing shall be given as provided in Sections 21.54.060(1) and 21 S4.061 of this code. When the hearing on a coastal development permit is consolidated with the hearing on a tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. (Ord. NS-330 5 6 (part), 1995) 21.81 .I 10 Appeals to coastal commission. (a) The following developments, due to their type or location, are within the appeal jurisdiction of the Coastal Commission. Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless otherwise noted. Exhaustion of all local appeals must occur before an application may be appealed to the commission. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning department. (1) Developments on property located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance. (2) Developments on property located within three hundred feet of the top of the seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream. (3) Any decision approving or denying a development which constitutes a major public works project or a major energy facility. (b) The appeal shall be filed at the local district office not later than twenty working days after the date of the receipt of the noticed final local action by that district office. No city permit shall be issued or deemed approved until an appeal, if any, to the Coastal Commission has been resolved. (c) Nonappealable Development. Decisions on applications for developments which are not of the type described above are not appealable to the Coastal Commission. Decisions denying any Coastal Act permit for an appealable development described above are not appealable to the Coastal Commission with the exception of decisions on major public works projects and major energy facilities. (Ord. NS-330 5 6 (part), 1995) 21.81.1 15 Coastal development permits issued by the Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal development permits for development on tidelands, submerged lands and public tmst lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to Public Resources Code Section 30519(b), and are shown on the post LCP certification map which is on file in the planning department. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain discretionary approvals required by this code prior to filing an application with the Coastal Commission for said coastal development permit. (Ord. NS-330 5 6 (part), 1995) 21.81 .I20 Notice of final local action. Within seven working days of a final local action on an application for any coastal development, or any approval which occurs by operation of law, the director shall provide notice of the action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting an addressed, stamped envelope to the city. Such notice shall include any conditions of approval and written findings and, if the matter is appealable to the Coastal Commission, procedures for appeal of the local action to the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 21.81 .I 30 Effective date of permit. Coastal development permits for projects which are not appealable to the Coastal Commission shall be valid upon the mailing of the notice of final local action unless the notice of final local action does not comply with the requirements of Section 21.81.120. Coastat development permits for projects which are appealable to the Coastal Commission shall be valid upon the expiration of twenty working days from the date of receipt at the local district office of the notice of final local action provided that the notice complies with the requirements of Section 21.81 .I 20 and, further provided, that an appeal of the decision has not been filed with the Coastal Commission. (Ord. NS-330 § 6 (part), 1995) 21.81 .I 40 Review of recorded documents. (a) All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall not be effective until completion of the following procedures: (1) The city council shall review, revise if necessary, and accept the easement or land; (2) The city clerk shall record the requisite legal documents; (3) The city clerk, upon recordation of the documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or city department shall be responsible for the operation and maintenance of the accessway or open spacelconservation area, to the executive director of the Coastal Commission. (b) All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to review and approval by the executive director of the Coastal Commission. (1) Upon completion of permit review by the city and prior to the issuance of the permit, the city shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (2) The executive director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (3) The city may issue the permit upon expiration of the fifteen working day period if notification of inadequacy has not been received by the city within that time period; and (4) If the executive director has recommended revision to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director. (Ord. NS-330 5 6 (part), 1995) 21.81.1 50 Applications for emergency permits. (a) Applications in case of emergency shall be made by letter to the director or in person or by telephone, if time does not allow. Emergency means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (b) The following information shall be included in the request: (1) ~ature of the emergency; (2) Cause of the emergency, insofar as this can be established; (3) Location of the emergency; (4) The remedial, protective or preventive work required to deal with the emergency; and (5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. (c) The director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. (d) The director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. (e) The director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the director finds that: (1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the pemit; (2) Public comment on the proposed emergency action has been reviewed, if time allows; and (3) fhe work proposed would be consistent with the requirements of he certified land use plan. (f) The director shall report, in writing, to the vplannins commission, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the director subject to the provisions of this chapter. (g) Any request for an emergency pemit within the Coastal Commission area of original jurisdiction as defined in Section 21 -81 .I 15 shall be referred to the Coastal Commission for review and issuance. (Ord. NS-330 3 6 (part), 1995) 21.81 .I 60 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals, but in no event shall this period exceed five years without extension of time, if a building permit has not been issued for the project. Should the project require no permits or approvals other than a coastal development permit, the coastal development permit shall expire one year from its date of approval if a building permit has not been issued for the project during that time. Not more than ninety or less than forty-five days prior to the expiration of a coastal development permit the permittee may apply to the -lamins commission for an extension of the permit. The application for an extension shall be processd pursuant to the provisions of Sections 21.81.070, 21 .81.100 and 21 -81 .I 10 of this chapter. An extension shall be approved only if it is found that there has been no change of circumstances in relation to coastal resources since the original granting of the permit. If the -plannina commission finds that there has been a change of circumstances in relation to coastal resources since the original granting of the permit the application for the extension shall be denied or conditionally approved. The decision of the -lannina commission may be appealed pursuant to the provisions of Section 21 -81.080. If a complete application for an extension has been timely . . filed, the -~lannina commission or the m& council on appeal may grant the extension after the expiration date provided that the final decision is made not later than forty-five days after the expiration date. (Ord. NS-330 § 6 (part), 1 995) 21.81 .I 65 Amendment to coastal development permit. An amendment to a coastal development permit issued by the city shall be processed in the same manner as an original application for a coastal development permit. (Ord. NS-330 5 6 (part), 1995)