HomeMy WebLinkAbout1997-02-05; Planning Commission; Resolution 4045*
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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
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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.
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PC RES0 NO. 4045 -2-
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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
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4045 -3-
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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
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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:”
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EFFECTIVE DATE: This ordinance shall be effective thirty days aft
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adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
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published at least once in a publication of general circulation in the City of Carlsbad v
fifteen days after its adoption. 18
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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
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Carlsbad on the day of 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
19 11 ABSTAIN:
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
27 11 (SEAL)
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