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HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 4042b c .. 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. 4042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT (ZCA 91- 06(A)) TO AMEND TITLE 21, CHAPTER 21.85, OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE INCLUSIONARY HOUSING CHAPTER APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO: ZCA 91 -06(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 91-06 (Inclusionary Housing Chapter of the Carlsbad Municipal Code) and amended it’s Local Coastal Programs (LCP) to Chapter 21.85 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 Inclusionary Housing Chapter 2 1.85 of the Car Municipal Code as set forth in this resolution; and WHEREAS, acceptance of the Coastal Commission’s “suggested modificat is necessary to comply with the California Coastal Act and California Administrative Code; , 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 WHEREAS, said application constitutes a request for a zone code amendme ~ shown on Exhibit “Y” dated February 5, 1997, attached hereto and made a part herec ~ ~ provided by Chapter 21.52 of the Carlsbad Municipal Code; and II 0 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 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 Comm: RECOMMENDS APPROVAL of Zone Code Amendment, ZCA 91-0 according to Exhibit “Y” dated February 5, 1997, which effectuates acceptance of the Coastal Commission~s “suggested modifications” based o 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 Segments 13544 and 13 3. The proposed amendment will retain consistency between Title 21 ‘and implementation plan for the Local Coastal Program as approved by the Calif4 Coastal Commission. ... ... ... ... ... ~ ... I II .*. 26 27 28 ... PC RES0 NO. 4042 -2- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, held on the 5th day of February 1997, by the follc vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heinc Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None 6” ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOYZMILYER Planning Director PC RES0 NO. 4042 -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 * EXHIBIl February 5, ’ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING TITLE 21, CHAPTER 21.85 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTIONS 21.85.020(19), 21.85.120(k) OF THE INCLUSIONARY HOUSING 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 9 1 -06(A) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1 : That Title 21, Chapter 21 35 of the Carlsbad Municipal Cc amended by the amendment of Section 21.86.020(19) to read as follows: “21.85.020(19) Definitions “Net developable acreage (for base residential unit calculations)” means the total nu: of acres of a subject property minus those lands considered to be undevelopable, as listc Section 21.53.230 of this code. Within the coastal zone, all environmentally constrained 1 identified pursuant to the coastal zoning ordinances and local coastal programs are consider be undevelopable and shall be deducted fi-om the total number of acres of a subject property. SECTION 2: That Title 21, Chapter 21.85 of the Carlsbad Municipal Co amended by the addition of Section 21.85.120(k) to read as follows: “2 1.85.120(k) Affordable housing standards. In the coastal zone, any housing development processed pursuant to this Chapter sha consistent with all certified local coastal program provisions, with the exception of density.” EFFECTIVE DATE: This ordinance shall be effective thirty days aft€ adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it 1 published at least once in a publication of general circulation in the City of Carlsbad w fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Council on the day of 1997, and thereafter. 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 * 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) ~ -2-