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HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 46581 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 e 0 PLANNING COMMISSION RESOLUTION NO. 4658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 04(A)) TO AMEND TITLE 21, CHAPTERS 21.95 AND 21.53 APPROVAL OF A ZONE CODE AMENDMENT (ZCA 96- OF THE CARLSBAD MUNICIPAL CODE, TO ACKNOW- LEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFI- CATIONS TO THE HILLSIDE DEVELOPMENT AND USES NIA COASTAL COMMISSION. GENERALLY CHAPTERS APPROVED BY THE CALIFOR- CASE NAME: HILLSIDE ORDINANCE AMENDMENT SUG- GESTED MODICICATIONS CASE NO: ZCA 96-04(A) WHEREAS, California State law requires that the Local Coastal Progr General Plan and Zoning designations for properties in the Coastal Zone be in conformance; a WHEREAS, the City approved ZCA 96-04 (Hillside Ordinance Amendmen amend Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) and amended it’s LC Coastal Programs (LCP) to adopt Chapters 21.95 and 21.53 as the implementing zoning for City’s LCP; and WHEREAS, on June 10, 1999, the Coastal Commission approved said I amendment with “suggested modifications”; and WHEREAS, the City of Carlsbad has received “suggested modifications” f the California Coastal Commission for the Hillside Development and Use Generally Char 2 1.95 and 2 1.53 of the Carlsbad Municipal Code as set forth in this resolution; and WHEREAS, acceptance of the Coastal Commission’s “suggested modificatic is necessary to comply with the California Coastal Act and California Administrative Code; a WHEREAS, the Planning Commission did on the 3rd day of November 1’ hold a duly noticed public hearing as prescribed by law to consider said request; and ... ... e 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 26 27 28 1 WHEREAS, said application also constitutes a request for a zone cc amendment to implement acceptance of the suggested modifications, as shown on Exh “X” dated November 3, 1999, HILLSIDE ORDINANCE AMENDMENT SUGGEST MODIFICATIONS ZCA 96-04(A) attached hereto and made a part hereof, as provided Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, at said public hearing, upon hearing and considering all testimc and arguments, if any, of all persons desiring to be heard, said Commission considered all facl relating to the acceptance of the suggested modifications to the previously approved LC and its implementing Zone Code Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plam Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commiss RECOMMENDS APPROVAL of HILLSIDE ORDINANCE AMENDME SUGGESTED MODIFICATIONS, ZCA 96-04(A), based on the follow findings: Findinps: 1. That the proposed Zone Code Amendment is required in order to accept sugges 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 1355 3. That the proposed amendment will retain consistency between Title 21 and implementation plan for the Local Coastal Program as approved by the Califol Coastal Commission. 4. The Planning Director has determined that the project is a a. project for which a Negative Declaration was previously adopted [15162]. b. this project is consistent with the project cited above; PC RES0 NO. 4658 -2- 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 26 27 28 b c. Negative Declaration ZCA 96-04LCPA 96-01 was approved in connecti with the prior project; d. the project has no new significant environmental effect not analyzed significant in the prior Negative Declaration; e. none of the circumstances requiring a Subsequent Negative Declaration o Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 3rd day of November 1999, by the follow vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L”Heure Segall, Trigas, Welshons and Nielsen NOES: ABSENT: ABSTAIN: - COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4658 -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 e 0 EXHIBIT “x” November 3,1999 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS 21.95.120(A)(l), 21.95.120(B)(2), 21.95.130(A), 21.95.130(B), AND 21.95.140(A) OF THE HILLSIDE DEVELOPMENT CHAPTER AND SECTION 21.53.230(d) OF THE USES GENERALLY CHAPTER OF THE CARLSBAD MUNICIPAL, CODE INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGESTED MODIFICATIONS. CASE NAME: HILLSIDE ORDINANCE AMENDMENT CASE NO.: ZCA 96-04(A) The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Section 21.95.120Al of the Carlsbad Municipal Code SUGGESTED MODIFICATIONS amended to read as follows: “21.95.120Al Hillside development and design standards All development on natural slopes of twenty-five percent or greater within coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carlsl Municipal Code and the slope protection policies of the applicable local coastal progr segment. Additionally, all hillside development processed pursuant to this chapter shall consistent with all applicable provisions and policies of the certified local coastal program(s) ~ shall not result in significant adverse impacts to coastal resources. Within the coastal zone case of conflict between this section and any other provision of Chapter 21.95 Hills Development Regulations, this section shall apply.” SECTION 2: That Section 21.95.120B2 of the Carlsbad Municipal Cod< amended to read as follows: “21.95.120B2 Hillside development and design standards Outside the coastal zone, projects which propose the development of natl slopes defined in Section 21.95.120(B)(l) shall nevertheless be allowed, only if the pro, qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.130 21.95.140, respectively.” SECTION 3: That Section 21.95.130A of the Carlsbad Municipal Cod( amended to read as follows: “21.95.130A Exclusions Outside the coastal zone, the following are excluded from the Hill: 1. Hillside areas where a Circulation Element roadway or a collector st Development and Design Standards of Section 21.95.120: must be located provided that the proposed alignment(s) are environmentally preferred j e 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 26 27 28 1 comply with all other City standards. 2. Grading volumes, slope heights and graded areas which are direc associated with Circulation Element roadways or collector streets, provided that the propos alignment(s) are environmentally preferred and comply with all other City standards. 3. Hillside areas that have unusual geotechical or soil conditions tl necessitate corrective work that may require significant amounts of grading.” SECTION 4: That Section 21.95.130B of the Carlsbad Municipal Code amended on to read as follows: “2 1.95.130B Exclusions Within the coastal zone, grading for construction of Circulation Elem1 roadways are excluded from Sections 21.38.141(C)(l)(a) and 21.203.040(A)(l) of the Munici: Code.” SECTION 5: That Section 21.95.140A of the Carlsbad Municipal Code amended to read as follows: “21.95.140A Modifications to the development and design standards Outside the coastal zone, the decision-making body or official may approvc modification to the Hillside Development and Design Standards of Section 21.95.120 if it fir that the proposed development complies with the Purpose and Intent provisions of Sect: 21.95 .O 10 and makes one or more of the following findings: 1. The proposed modification will result in significantly more open space undisturbed area than would a strict adherence to the requirements of Section 21.95.120. 2. The proposed modification will result in the development of manufactu slopes which are more aesthetically pleasing and natural appearing than would a strict adherel to the requirements of Section 21.95.120. SECTION 6: That Section 21.53.230(d) of the Carlsbad Municipal Code amended to read as follows: “21.53.230(d) Residential Density Calculations, Residential Developm (a) For the purposes of Titles 20 and 21 of this Code, residential density shall (b) The following lands are considered to be undevelopable and shall be exclul Restrictions on Open Space and Environmentally Sensitive Lands determined based on the number of dwelling units per developable acre of property. from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways; (4) Natural slopes with an inclination of greater than forty percent excep. (5) Significant wetlands; (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; ~ permitted pursuant to Section 21.95.120B of this Code; I n I -L- 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 26 27 28 (8) Land upon which other significant environmental features as detennin (9) Railroad track beds. by the environmental review process for a project are located; (c) No residential development shall occur on any property listed in subsection ( Subject to the provisions of Chapters 21.33 and 21.1 10, the City Council may permit limii development of such property if, when considering the property as a whole, the prohibiti against development would constitute an unconstitutional deprivation of property. The Planni Commission or City Council, whichever is the final decisionmaking body for a resideni development may permit accessory facilities, including, but not limited to, recreational faciliti view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.1 : and on land subject to major power transmission easements. (d) Residential development on slopes with an inclination of twenty-five to forty perce inclusive, shall be designed to minimize the amount of grading necessary to accommodate . project. For projects within the coastal zone, the grading provisions of the Carlsbad local coas program and Chapters 21.38 and 21.203 of the Municipal Code shall apply.” EFFECTIVE DATE: This ordinance shall be effective thirty days after adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to published at least once in a publication of general circulation in the City of Carlsbad wit1 fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendm effectuates a Local Coastal Program Amendment, and shall not be effective until Ordinance 1 is approved by the Coastal Commission (or by its Executive Director as a de minin amendment). INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Cow held on the day of , 1999, and thereafter Ill/ llll I/// /Ill Ill1 /I// e l -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 ~ , e e PASSED AND ADOPTED at a regular meeting of said City Council held on t day of , 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I -4-