HomeMy WebLinkAbout1999-11-03; Planning Commission; Resolution 46581
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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
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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-
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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-
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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
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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;
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(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
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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)
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