Loading...
HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 4043e e - 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 PLANNING COMMISSION RESOLUTION NO. 4043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 04(A)) TO AMEND TITLE 21, CHAPTER 21.10, OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE SECOND DWELLING UNIT PROVISIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO: ZCA 92-04(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 92-04 (Second Dwelling Unit Provisic Chapter 21.10 of the Carlsbad Municipal Code) and amended its Local Coastal Programs ( to adopt the Second Dwelling Unit Provisions of Chapter 21.10 as the implementing zonil the City’s LCP; and APPROVAL OF A ZONE CODE AMENDMENT (ZCA 92- 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 Second Dwelling Unit Provisions of Chapter 21 the Carlsbad Municipal Code as set forth in this resolution; and WHEREAS, acceptance of the Coastal Commission’s “suggested modifica is necessary to comply with the California Coastal Act and California Administrative Code; WHEREAS, the Planning Commission did on the 5th day of February hold a duly noticed public hearing as prescribed by law to consider said request; and I 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 WHEREAS, said application constitutes a request for a zone code amendm shown on Exhibit “Z” 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 testj 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 Plz 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 924 according to Exhibit “Z” dated February 5, 1997, which effectuates acceptance of the Coastal Commission’s “suggested modifications” based ( 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 thc in order to comply with California Administrative Code Segments 13544 and 1: 3. The proposed amendment will retain consistency between Title 21 and implementation plan for the Local Coastal Program as approved by the Cali6 Coastal Commission. ... ,.. ~ -.* ... ... PC RES0 NO. 4043 -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 Plannir 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, Hein Monroy, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HXZMIYLER Planning Director PC RES0 NO. 4043 -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 2 1, CHAPTER 21.10 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION SECOND DWELLING UNITS TO ACCEPT THE SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 92-04(A) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1 : That Title 21, Chapter 21.10 of the Carlsbad Municipal Cc 21.1 0.015(~)(3)(C) OF THE R-1 CHAPTER PERTAINING TO amended by the amendment of Section 21.10.01 5(c)(3)(C) to read as follows: “21.10.01 5(c)(3)(C) Second dwelling unit by administrative permit. The second dwelling unit must meet the setback, lot coverage, and other develoF standards applicable to the zone, which are not addressed within this subsection. In the c( zone, any housing development processed pursuant to this Chapter shall be consistent wi certified local coastal program provisions, with the exception of density, or as othe specified within this subsection.” EFFECTIVE DATE: This ordinance shall be effective thirty days aft6 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 ... I ~ I.. ... ll 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 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-