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HomeMy WebLinkAbout2020-04-15; Planning Commission; ; AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) – VILLAGE AND BARRIO MASTER PLAN AMENDMENTSItem No. Application complete date: n/a P.C. AGENDA OF:April 15, 2020 Project Planner: Jennifer Jesser Project Engineer: n/a SUBJECT: AMEND 2020-0001/AMEND 2020-0002 (DEV 08014) – VILLAGE AND BARRIO MASTER PLAN AMENDMENTS - Request for a recommendation to approve amendments to the Village and Barrio Master Plan and Local Coastal Program to change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts (BP, BC and VBO) of the Village and Barrio Master Plan. The city planner has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments (a change of approval authority for development permits) does not have the potential to cause a significant effect on the environment. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7365 RECOMMENDING APPROVAL of Village and Barrio Master Plan Amendment AMEND 2020-0001 and Local Coastal Program Amendment AMEND 2020-0002, based on the findings contained therein. II.PROJECT DESCRIPTION AND BACKGROUND This project is city-initiated and consists of an amendment to the Village and Barrio Master Plan (Chapter 6, Section 6.4.3) to change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts (BP, BC and VBO) of the master plan. The Village and Barrio Master Plan is the Local Coastal Program for the Village and Barrio. Any amendment to the master plan requires an amendment to the Local Coastal Program. Background At its Dec. 10, 2019, meeting, the City Council directed staff regarding various potential amendments to the Village and Barrio Master Plan. The proposed amendment addresses one of the amendments requested by the City Council. Staff continues to work on the other amendments identified by the City Council. III.ANALYSIS Section 6.3.4 of the Village and Barrio Master Plan identifies the authority for approval of various development permits within the master plan area, as summarized in Table 1. 4 AMEND 2020-0001/AMEND 2020-0002 – VILLAGE AND BARRIO MASTER PLAN AMENDMENTS April 15, 2020 Page 2 TABLE 1: EXISTING VILLAGE AND BARRIO MASTER PLAN AUTHORITY FOR APPROVAL Master Plan Districts Permit Type Authority Average Permit Process Time1 All Minor Site Development Plan Minor Conditional Use Permit Minor Coastal Development Permit Minor Variance City Planner (authority for approval, conditional approval or denial) Four to Six Months Barrio Districts BP BC VBO Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for approval, conditional approval or denial) Six to Nine Months Village Districts VC VG HOSP FC PT Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for recommendation to City Council for approval, conditional approval or denial) Village Districts VC VG HOSP FC PT Site Development Plan Conditional Use Permit Coastal Development Permit Variance City Council (authority for approval, conditional approval or denial) Nine to 12 Months 1 The permit process times shown in this table are general averages and do not account for projects that require resolution to challenging issues or an environmental impact report. The Village and Barrio Master Plan was adopted by City Council in 2018. The 2018 master plan updated the previous Village Master Plan and Design Manual and expanded the boundaries of the master plan to include the Barrio area. The updated plan retained the previously existing approval authority for development permits. The Planning Commission had previously been the approval authority for site development plans, conditional use permits, coastal development permits, and variances in the Barrio area, and the City Council had been the approval authority for permits in the Village area. The proposed amendments change the approval authority from Planning Commission to City Council for site development plans, conditional use permits, coastal development permits, and variances in the Barrio districts of the master plan. This ensures that development permits are subject to an equivalent level of review and approval throughout all districts of the master plan. Also, the timing of permit review and approval will be the same throughout all districts. The change of approval authority from Planning Commission to City Council for permits in the Barrio districts will typically increase the review and approval process for those permits up to three additional months. The proposed authority for approval is summarized in Table 2. A strikeout/underline version of the proposed amendments is provided in Attachment 2. AMEND 2020-0001/AMEND 2020-0002 – VILLAGE AND BARRIO MASTER PLAN AMENDMENTS April 15, 2020 Page 3 TABLE 2: PROPOSED VILLAGE AND BARRIO MASTER PLAN AUTHORITY FOR APPROVAL Master Plan Districts Permit Type Authority Average Permit Process Time1 All Minor Site Development Plan Minor Conditional Use Permit Minor Coastal Development Permit Minor Variance City Planner (authority for approval, conditional approval or denial) Four to Six Months All Site Development Plan Conditional Use Permit Coastal Development Permit Variance Planning Commission (authority for recommendation to City Council for approval, conditional approval or denial) Six to Nine Months All Site Development Plan Conditional Use Permit Coastal Development Permit Variance City Council (authority for approval, conditional approval or denial) Nine to 12 Months 1 The permit process times shown in this table are general averages and do not account for projects that require resolution to challenging issues or an environmental impact report. If increasing the review and approval time for permits in the Barrio districts is a concern of the Planning Commission or the City Council, an alternative to the proposed amendments is to change the approval authority for permits in the Village districts from City Council to Planning Commission. This alternative would result in an equivalent level of review and approval throughout all districts of the master plan; yet would not increase the permit review and approval time for permits in the Barrio districts. This alternative would reduce the permit review and approval time for permits in the Village districts; however, such permits would not be subject to City Council review, unless the Planning Commission’s decision were appealed. IV.ENVIRONMENTAL REVIEW The proposed amendments to the Village and Barrio Master Plan are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments (a change of approval authority for development permits) does not have the potential to cause a significant effect on the environment. ATTACHMENTS: 1.Planning Commission Resolution No. 7365 a.Exhibit 1 – Draft City Council Ordinance adopting Village and Barrio Master Plan Amendment AMEND 2020-0001 and Local Coastal Program Amendment AMEND 2020-0002 2.Village and Barrio Master Plan Amendment (Strikeout/Underline) 3.Meeting Minutes Item 16 of the Dec. 10, 2019 City Council Meeting ATTACHMENT 2 Village and Barrio Master Plan Amendments (Amend 2020-0001/Amend 2020-0002) Strikeout/Underline Version of Amendments 6.3.4 Authority for Approval A.In all districts, the City Planner shall: 1.Be responsible for determining whether or not a project is exempt from the permit requirements, and, for a project exempt from a coastal development permit, maintaining a record of exemption. 2.Have the authority to approve, approve with conditions, or deny minor site development plans, minor conditional use permits, minor coastal development permits, and minor variances. The city planner may approve minor conditional use permits up to the square footage and dwelling unit limitations for minor site development plans specified in Section 6.3.3.A. The City Planner’s decisions are final unless appealed to the Planning Commission. B.In all districts, Tthe Planning Commission shall: 1.Have the authority to approve, approve with conditions, or deny site development plans, conditional use permits, coastal development permits, and variances in the BP, BC and VBO districts. 12.Have the authority to recommend to the City Council approval, approval with conditions, or denial of site development plans, conditional use permits, coastal development permits, and variances, in the VC, VG, HOSP, FC and PT districts unless determined exempt as provided in Section 6.3.2 or subject to city planner authority as provided in Section 6.3.4.A. 23.Act upon appeals from decisions made by the City Planner. Planning Commission decisions are final unless appealed to the City Council. C.In all districts, Tthe City Council shall: 1.Have the authority to approve, approve with conditions, or deny projects in the VC, VG, HOSP, FC, and PT districts site development plans, conditional use permits, coastal development permits, and variances, except for projects unless determined exempt as provided in Section 6.3.2 or projects subject to city planner authority as provided in Section 6.3.4.A. 2.Act upon appeals from decisions made by the Planning Commission. 3.Be the final decision-making authority on actions specified in paragraphs C.1 and C.2 above, as well as on legislative actions, such as amendments to this Master Plan. Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Mayor Pro Tem Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance. She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tem Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city’s short-term vacation rental ordinance should be amended without reviewing a comprehensive analysis of comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn – No). ACTION: Council received the report. 16.VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE – Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20, 2019, City Council action on the Village and Barrio Master Plan and, based on that discussion, direct staff to return to City Council for confirmation of the project scope, work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community & Economic Development) City Manager’s Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. ATTACHMENT 3 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 9 TJ Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used. She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city’s street tree program. In response to an inquiry from Council Member Schumacher, Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn, City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Schumacher, to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall – Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer’s Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained several of the amendment items may not be feasible to implement within the timeframes cited due to state laws and guidelines as well as other challenges. In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick shared the potential timeline and constraints to complete the tasks in a timely manner, including securing contractors and finalizing other pending projects. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the timeline and various projects planned to utilize SB 2 funds, including hiring consultants, setting objective standards, and revising both the municipal code and the Village and Barrio Master Plan. Council Member Schumacher explained her support of establishing objective standards to ensure future developments include residents’ input. She also stated that she would prefer a design review board that is ad-hoc in nature, assisted by consultants, using previous drafts of architectural designs to create a tool box, and receive residents’ final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council’s direction. Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tem Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn – No, Hall – Absent). Substitute Minute Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall – Absent). Mayor Pro Tem Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tem Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m.