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HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 4045* 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 PLANNING COMMISSION RESOLUTION NO. 4045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 02(A)) TO AMEND TITLE 2 1, CHAPTERS 2 1.06 AND 21.53, OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE DEVELOPMENT STANDARDS MODIFICATION PROVISIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS APPROVAL OF A ZONE CODE AMENDMENT (ZCA 92- CASE NO: ZCA 92-02(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 92-02 (Development Standards Modific Provisions of Chapters 21.06 and 21.53 of the Carlsbad Municipal Code) and amended it’s Coastal Programs (LCP) to adopt the Development Standards Modification Provisiol Chapter s 21.06 and 21.53 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 Development Standards Modification Provisic Chapters 21.06 and 21.53 of the Carlsbad Municipal Code as set forth in this resolution; anG 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 ... 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 WHEREAS, said application constitutes a request for a zone code amendmc shown on Exhibit “W” dated February 5, 1997, attached hereto and made a part here provided by Chapter 2 1.52 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 92-0 according to Exhibit “W” dated February 5, 1997, which effectuates acceptance of the Coastal Commission’s “suggested modifications” based c following findings: Findinrrs: 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 Cali5 Coastal Commission. ... ... ... ... ... PC RES0 NO. 4045 -2- 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 a 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 Y - ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4045 -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 a 0 EXHIBIT February 5, ’ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AMENDING TITLE 21, CHAPTERS 21.06 AND 21.53 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 21.06.090 OF THE QUALIFIED DEVELOPMENT (Q) OVERLAY CHAPTER AND SECTION 21.53.120(c) OF THE USES GENERALLY CHAPTER PERTAINING TO DEVELOPMENT STANDARDS MODIFICATIONS FOR AFFORDABLE HOUSING TO ACCEPT THE SUGGESTED MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: COASTAL COMMISSION MODIFICATIONS TO AFFORDABLE HOUSING ZONING PROVISIONS CASE NO.: ZCA 92-02(A) The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.06 of the Carlsbad Municipal Co amended by the amendment of Section 21.06.090 to read as follows: “21.06.090 Development Standards. Property in the Q zone shall be subject to the development standards required i: underlying zone and any applicable specific plans, except for Affordable Housing Projec expressly modified by the site development plan. The site development plan for Affor, Housing Projects may allow less restrictive development standards than specified ir underlying zone or elsewhere provided that the project is in conformity with the General and adopted policies and goals of the City, it would have no detrimental effect on public hc safety and welfare, and, in the coastal zone, any project processed pursuant to this Chapter be consistent with all certified local coastal program provisions, with the exception of densit addition, the Planning Commission or the City Council in approving a site development may impose special conditions or requirements which are more restrictive than the develop standards in the underlying zone or elsewhere that include provisions for, but are not limit the following:” SECTION 2: That Title 21, Chapter 21.53 of the Carlsbad Municipal Cc amended by the amendment of Section 21.53.120(c) to read as follows: “21.53.120(c) Affordable housing multi-family residential projects - Site develop plan required. Development Standards. The development (both for multi-family residential affordable housing) shall be subject to the development standards of the zone in whicl. development is located and/or any applicable Specific or Master Plan except for afforc housing projects as expressly modified by the site development plan. The site development for Affordable Housing Projects may allow less restrictive development standards than spec 4 0 0 1 2 3 4 5 in the underlying zone or elsewhere provided that the project is in conformity with the Gc Plan and adopted policies and goals of the City, it would have no detrimental effect on I health, safety and welfare, and, in the coastal zone, any project processed pursuant tc Chapter shall be consistent with all certified local coastal program provisions, with the excc of density. In addition, the Planning Commission or the City Council in approving : development plan may impose special conditions or requirements which are more restrictivt the development standards in the underlying zone or elsewhere that include provisions fo are not limited to the following:” 6 7 EFFECTIVE DATE: This ordinance shall be effective thirty days aft 8 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it 9 published at least once in a publication of general circulation in the City of Carlsbad v fifteen days after its adoption. 18 11 12 Council on the day of 1997, and thereafter. 13 PASSED AND ADOPTED at a regular meeting of the City Council of the C INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 14 15 16 17 18 Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: 19 11 ABSTAIN: 20 21 22 23 24 25 26 CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 27 11 (SEAL) 28 I1 -2-