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Home My WebLink About1992-06-03; Planning Commission; Resolution 3390I 0 0 1 2 3 4 5 PLANNING COMMISSION RESOLUTION NO. 3390 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE, CHAPTERS 21.53 AND 21.04, TO ENABLE AFFORDABLE HOUSING PROJECTS TO BE CONSIDERED USING SITE DEVELOPMENT PLAN PROCEDURES. 6 CASE NAME: CITY OF CARLSBAD CASE NO: ZCA 92-2 7 11 WHEREAS, the Planning Commission did on the 3rd day of June, 1992, hold 8 9 a duly noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, at said public hearing, upon hearing and considering all testimony 11 and arguments, if any, of all persons desiring to be heard, said Commission considered all 12 factors relating to the Zone Code Amendment. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 14 15 16 17 18 as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 92-2, according to Exhibit "X, dated June 3, 1992, attached hereto and made a part hereof, based on the following findings. 19 1; Findings: I 20 21 22 23 1. The Zone Code Amendment is consistent with the General Plan and assists in the implementation of the City's Housing Element by providing more opportunities for the development of affordable housing projects. ... 24 ... 25 26 *.. ... 27 28 ... ... 1 0 0 I. I1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planrl 2 Commission of the City of Carlsbad, California, held on the 3rd day of June, 1992, by I 3 following vote, to wit: 4 5 AYES: Commissioners: Schramm, Noble, Welshons, Savary & Hall NOES: Chairman Erwin. ABSENT: Commissioner Schlehuber. 6 7 8 9 ABSTAIN: None. 10 11 12 CAFUSBAD PLANNING COMMISSION l3 ATTEST: 14 15 16 17 MICHAEL J. HOLZMILLER v Planning Director 18 19 20 21 22 23 24 25 26 27 /I 28 1) PC RES0 NO. 3390 -2- Ij w 0 I I/ EXHIBIT I1Y1l ORDINANCE NO. June 3, 1992 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CONSIDERATION OF STANDARDS FOR AFFORDABLE HOUSING PROJECTS. 5 11 SECTION 1 : That Title 21, Chapter 21.04 of the 6 7 a 9 10 11 12 Carlsbad Municipal Code is amended by the addition of Section 21.04.021 to read as follows: 8121.04.021. Affordable Housinq. IIAffordable HousingJ1 means housing for which the allowable housing expenses for a for-sale or rental dwelling unit paid by a household would not exceed 30 percent of the gross monthly income for target income levels, adjusted for household size. (I SECTION 2 ! That Title 21, Chapter 21 - 04 of the 13 15 21.04.186 to read as follows: 14 Carlsbad Municipal Code is amended by the addition of Section the median income for San Diego County as determined annually by gross income is at least 50 percent but less than 80 percent of 16 I1Low-Income Household'! means those households whose 1121.04.186. Household - Low-Income. 18 the U.S. Department of Housing and Urban Development.Il 17 SECTION 3 : That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.187 to read as follows: 19 I 2o i 21 22 23 t121.04.187. Household - Moderate Income. "Moderate-Income Householdt1 means those households whose gross income is at least 80 percent but less than 120 Percent of the median income for San Diego County as determined annually by the U.S. Department of Housing and Urban Development. If 24 11 SECTION 4 : That Title 21, Chapter 21.04 of the 25 26 21.04.188. Carlsbad Municipal Code is amended by the addition of Section 27 Il21.04.188. Household - Very Low-Income. Very Low-Income Household1' means a household earning 28 a gross income equal to 50 percent or less of the median income I/ 0 0 Ii for San Diego County as determined annually by the U.S. 1 Department of Housing and Urban Development,tf 2 SECTION 5: That Title 21, Chapter 21.04 of the 3 5 21.04.189 to read as follows: 4 Carlsbad Municipal Code is amended by the addition of Section 1121.04.189. Income Level - Tarset. "Target Income Level" means the incc.;le standards for 6 very low, low and moderate income levels within San Diego County Urban Development and adjusted for family size." 7 as determined annually by the U.S. Department of Housing and a SECTION 6 : That Title 21, Chapter 21.53 of the 9 Carlsbad Municipal Code is amended by the amendment to Section 10 11 2L53J20 to read as follows: "21.53.120. Affordable housinq multi-family residential Droiects - site develoDment plan required. code, no building permit or other entitlement shall be issued for 13 dwelling units or an affordable housing project of any size any multi-family residential development having more than four underlying zone provided that the project is in conformity with 27 less restrictive development standards than specified in the site development plan for Affordable Housing Projects may allow 26 projects as expressly modified by the site development plan. The applicable Specific or Master Plan except for affordable housing 25 of the zone in which the development is located and/or any affordable housing) shall be subject to the development standards 24 The development (both for multi-family residential and (c) Development Standards. development plan. 23 this code, shall approve, conditionally approve or deny the site public hearing noticed as provided in Section 21.54.060(1) of 22 and recommendation to the City Council. The City Council, after Planning Commission shall hold a public hearing and make a report 21 Chapter 21.06. For projects with more than fifty units, the decision may be appealed to the City Council as provided in 20 with fifty dwelling units or less. The P1,anning Commissionls approve, conditionally approve or deny site development plans for The Planning Commission shall have the authority to 18 Determination. (b) Multi-family residential and affordable housinq - 17 processed pursuant to Chapter 21.45 of this code. project (not affordable) shall not be required for any project 16 A site development plan for a multi-family residential 21.06 (Q-Overlay Zone) of this code. 15 The site development plan shall be processed pursuant to Chapter unless a site development plan has been approved for the project. 14 12 (a) Notwithstanding anything to the contrary in this 19 a multi-family residential project or affordable housing projects 28 the General Plan and adopted policies and goals of the City, and ll 2 II e a it would have no detrimental effect on public health, safety and 1 welfare. In addition, the Planning Commission or the City conditions or requirements which are more restrictive than the 2 Council in approving a site development plan may impose special development standards in the underlying zone that include 3 provisions for, but are not limited to, the foilowing; 4 5 uses; 6 7 recreational facilities; (5) Height and bulk of buildings: 8 (6) Fences and walls; (7) Signs; 9 (8) Additional landscaping; (9) Grading, slopes and drainage; 10 (10) Time period within which the project or any phases 11 (11) Points of ingress and egress; (12) Such other conditions as deemed necessary to 12 ensure conformity with the General Plan and other adopted policies, goals or objectives of the City. 13 (d) In addition the Planning Commission or City Council may require that the developer provide public improvements either 14 on or off the subject site as are needed to serve the proposed development or to mitigate public facilities needs or impacts l5 created by the project. (e) No more than fifty percent of the portion of a site 16 containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. Residential 17 development on slopes with an inclination of twenty-five to forty percent inclusive shall be designed to minimize the amount of 18 grading necessary to accommodate the project, For projects within the coastal zone, the grading provisions of the Carlsbad 19 Local Coastal Program shall apply.!$ 20 SECTION 7: That Title 21, Chapter 21.04, Section 21 21.04.210 of the Carlsbad Municipal Code is amended to read as (1) Density of use; (2) compatibility with surrounding properties and land (3) Parking standards; (4) Setbacks, yards, active and passive open space required as part of the entitlement process, and on-site of the project shall be completed: 22 23 24 25 26 27 28 follows: 1121.04.210 Lot. rrLotll means a parcel of record legally created by subdivision map, adjustment plat, certificate of compliance, or a parcel legally in existence prior to incorporation of the lot into the jurisdiction of the City. Any parcel created prior to May 1, 1956, shall be presumed to be lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created. A lot shall have frontage that allows usable access on a dedicated public street or a public dedicated easement accepted by the City. This street or easement shall have a minimum width of thirty feet. Special lot and street II 3 I1 // 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 configurations for Affordable Housing projects may be allowed subject to the provisions of Section 21.53.120 of this code.!' SECTION 8: That Title 21, Chapter 21.06, Section 21-06.090 Of the Carlsbad Municipal Code is amended to read as follows: t121.06.090 Development standards. Property in the Q zone shall be subject to the applicable specific plans, except for Affordable Housing Projects as expressly modified by the site development plan. . The site development plan for Affordable Housing Projects may allow less restrictive development standards than specified in the underlying zone provided that the project is in conformity with the General Plan and adopted policies and goals of the City, and 'it would have no detrimental effect on public health, safety and 'council in approving a site development plan may impose special conditions or requirements which are more restrictive than the development standards in the underlying zone that include lprovisions for, but are not limited to, the following: development standards required in the underlying zone and any welfare. In addition, the Planning Commission or the City ~ (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Special setbacks, yards active or passive open space: required as part of the entitlement process : Special height and bulk of building regulations; Fences and walls: Regulation of signs: Additional landscaping: Special grading restrictions Requiring street dedication and improvements (or posting of bonds) ; Requiring public improvements either on or off the subject site that are needed to service the Time period within which the project or any phases of the project shall be completed; Regulation of point of ingress and egress; Such other conditions as deemed necessary to insure conformity with the General Plan and other adopted policies, goals or objectives of the City. proposed development; However, it is not intended that the review of the' Site Development Plan shall include aesthetic aspects such as: ( 1) Color: (2) Texture: (3) Materials: (4) Adornments. VI ... If 4 m 0 I/ EFFECTIVE DATE: This ordinance shall be effective '(1 thirty days after its adoption, and the City Clerk shall certify 2/1 to the adoption of this ordinance and cause it to be published at 3 11 least once in the Carlsbad Journal within fifteen days after its 4 // adoption. 5 6 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of I 7 I/ 1992, and thereafter 8 9 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of I lo 1992, by the following vote, to wit: 11 12 AYES : NOES: - 13 14 ABSENT: 6 15 APPROVED AS TO FORM AND LEGALITY 16 l7 18 RONALD R. BALL, Acting City Attorney 19 I 20 I CLAUDE A. LEWIS, Mayor I 21 22 ATTEST: 23 24 25 ALETHA L. RAUTENKRANZ, City Clerk 26 II 27 28 I 5