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HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 4041. b 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 0 0 PLANNING COMMISSION RESOLUTION NO. 4041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT (ZCA 91- 05(A)) TO AMEND TITLE 21, CHAPTER 21 36, OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE DENSITY BONUS CHAPTER APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO: ZCA 9 1 -05 (A) WHEREAS, California State law requires that the Local Coastal Pro! General Plan and Zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, the City approved ZCA 91-05 (Density Bonus Chapter 21 $6 c Carlsbad Municipal Code) and amended it’s Local Coastal Programs (LCP) to adopt Ch 21.86 as the implementing zoning for the City’s LCP; and WHEREAS, on August 14, 1996, the Coastal Commission approved said amendment with “suggested modifications”; and WHEREAS, the City of Carlsbad has received “suggested modifications” the California Coastal Commission for the Density Bonus Chapter 21.86 of the Carl Municipal Code as set forth in this resolution; and WHEREAS, acceptance of the Coastal Commission’s “suggested modificati is necessary to comply with the California Coastal Act and California Administrative Code; s WHEREAS, the Planning Commission did on the 5th day of February 1 hold a duly noticed public hearing as prescribed by law to consider said request; and ... ... I ~ *.. r 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 I 0 0 WHEREAS, said application constitutes a request for a zone code amendm shown on Exhibit “X” dated February 5, 1997, attached hereto and made a part here provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f: relating to the Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commi RECOMMENDS APPROVAL of Zone Code Amendment, ZCA 91-0 according to Exhibit “X” dated February 5, 1997, which effectuates acceptance of the Coastal Commission’s “suggested modifications” based c following findings: Findings: 1. That the proposed Zone Code Amendment is required in order to accept sugg modifications approved by the California Coastal Commission. 2. That acceptance of the proposed “suggested modifications” is necessary by the in order to comply with California Administrative Code Sections 13544 and 135 3. The proposed amendment will retain consistency between Title 21 and implementation plan for the Local Coastal Program as approved by the Califc Coastal Commission. ... ... ... I I *.. ~ ... PC RES0 NO. 4041 -2- 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannir 2 Commission of the City of Carlsbad, held on the 5th day of February 1997, by the follc 3 4 vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 AYES: Chairperson Nielsen, Commissioners Compas, Heint Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None ... , , . ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 17 18 19 20 21 22 23 24 25 26 27 28 v MICHAEL J. HOLZMIL%R Planning Director PC RES0 NO. 4041 -3 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 0 e EXHIBI’ February 5, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING TITLE 21, CHAPTER 21.86 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTIONS 21.86.020(18), 21.86.030(d) AND 21.86.060(i) OF THE DENSITY BONUS CHAPTER TO ACCEPT THE SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 91-05(A) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1 : That Title 21 , Chapter 21.86 of the Carlsbad Municipal Cc amended by the amendment of Section 21.86.020(18) to read as follows: “21.86.020(18) Definitions “Maximum allowable residential yield” means the maximum number of residential permitted on the project site, which number of units is calculated by multiplying thc developable acreage of the project site times the growth management control point(s) fo project site’s applicable residential General Plan designation(s). Within the coastal zonc environmentally constrained lands identified pursuant to the coastal zoning ordinance5 local coastal programs are considered to be undevelopable and shall be deducted front total number of acres of a subjectproperty.” SECTION 2: That Title 21, Chapter 21.86 of the Carlsbad Municipal Co amended by the amendment of Section 21.86.030(d) to read as follows: “21.86.030(d) Regulations for new residential construction. In cases where a density increase of less than twenty-five percent (25%) is reque, including cases where a density increase is sought to satisfy inclusionary hou requirements, no reduction will be allowed in the number of target dwelling units required.” SECTION 3: That Title 21, Chapter 21.86 of the Carlsbad Municipal Cot amended by the addition of Subsection 21.86.060(i) to read as follows: “2 1.86.060(i) Density bonus, equivalent in-lieu incentives and additional incentives. In the coastal zone, any housing developmentprocessedpursuant to this Chapter 5 be consistent with all certified local coastal program provisions, with the exception of dens ~ I I 1 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 0 * EFFECTIVE DATE: This ordinance shall be effective thirty days af adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it published at least once in a publication of general circulation in the City of Carlsbad \ fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac Council on the day of 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the C Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I -2-