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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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)
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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
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wit:
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AYES:
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NOES:8
ABSENT:
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12 Approved as to form and legality
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Ronald R. Ball, City Attorney
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CLAUDE A. LEWIS, Mayor
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19 ATTEST:
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21 LORRAINE M. WOOD, City Clerk
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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.
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c. The proposed amendments will be effective thirty (30) days after approval date, in all areas
24 of the Village.
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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)
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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
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1982: Ord. 1200 § 1,1977: Ord. 1157 § 1,1973: Ord. 1020 § 2)
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2.24.030 Absence from meetings.
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If a member of the planning commission is absent from three successive meetings of the
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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,
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28 "
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business.
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(b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any
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amendment shall be made by at least four affirmative votes.
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(c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission
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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.
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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.
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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)
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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.
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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
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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
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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
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WHEREAS, the Village Master Plan and Design Manual adopted by the Housing
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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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
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following findings:
n Findings:
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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
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Design Manual.27
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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
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ABSENT: None
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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.
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, Chairperson
DESIGN REVIEW BOARD
Housing and Redevelopment Director
DRB Resolution No.339
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DESIGN REVIEW BOARD RESOLUTION NO. 340
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WHEREAS, the Carlsbad Housing and Redevelopment Commission and the City
Council desire to implement a seamless transition of land use regulations and permit
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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.
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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
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DEBBIE'FOUNTA1
Housing and Redevelopment Director
DRB Resolution No. 340
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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;
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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
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of persons desiring to be heard, analyzing the information submitted by staff,
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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.
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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
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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-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
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Board of the City of Carlsbad, California, held on the 27th day of April, 2009 by the following3»vote to wit:
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AYES: Baker, Prietto, Schumacher, and Whitton
ABSENT: None
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ANTHONY LAWSON, CHAIRPERSON12!!DESIGN REVIEW BOARD
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" DEBBIE FOUNTAIN
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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.
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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
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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
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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.
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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
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APRIL 27, 2009
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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
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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.
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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
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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.
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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)