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Home My WebLink About1999-11-03; Planning Commission; Resolution 46590 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 PLANNING COMMISSION RESOLUTION NO. 4659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ACKNOWLEDGE RECEIPT OF AND ACCEPT SUGGESTED MODIFICATIONS TO THE HILLSIDE DEVELOPMENT AND USES GENERALLY CHAPTERS APPROVED BY THE CALIFORNIA COASTAL COMMISSION. CASE NAME: HILLSIDE ORDINANCE AMENDMENT SUG- GESTED MODIFICATIONS CASE NO: LCPA 96-0 1 (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 LCPA 96-01 (Hillside Ordinance Amendmen amend Chapters 21.95 and 21.53 of the Carlsbad Municipal Code) to adopt the City’s Hills Development and Uses Generally 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 L amendment with “suggested modifications”; and WHEREAS, the City of Carlsbad has received “suggested modifications” fi the California Coastal Commission for the Hillside Development and Use Generally Chap 21.95 and 21.53 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; a1 WHEREAS, said application constitutes a request for a Local Coastal Prog Amendment to implement acceptance of the suggested modifications as shown on Ext “X” dated November 3, 1999, HILLSIDE ORDINANCE AMENDMENT SUGGEST MODIFICATIONS ZCA 96-04(A) attached to Planning Commission Resolution No. 4658 incorporated herein by reference, as provided by Public Resources Code Section 30574 I 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 Article 15 of Chapter 8, Subchapter 2, Division 5.5, Title 14 of the California Code Regulations (California Coastal Commission Administrative Regulations); and WHEREAS, the Planning Commission did on the 3rd day of November 19 hold a duly noticed public hearing as prescribed by law to consider said request; 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 fact relating to the Local Coastal Program Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 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, LCPA 96-01(A), which effectuates C acceptance of the Coastal Commission’s “suggested modifications” based on following findings: Findinm: - 1. That the proposed Local Coastal Program Amendment is required in order to acc suggested modifications approved by the California Coastal Commission. 2. That acceptance of the proposed “suggested modifications” is necessary by the C in order to comply with California Administrative Code Sections 13544 and 1355: 3. The proposed amendment will retain consistency between the City’s zone code i it’s Local Coastal Program as approved by the California 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; c. Negative Declaration ZCA 96-04LCPA 96-01 was approved in conned with the prior project; d. the project has no new significant environmental effect not analyzed significant in the prior Negative Declaration; PC RES0 NO. 4659 -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 1 0 0 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. HE=&, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZM~ELER Planning Director PC RES0 NO. 4659 -3- e 0 ATTACHMENT “A” CASE NAME: COASTAL COMMISSION MODIFICATIONS TO CARLSBAD HILLSIDE DEVELOPMENT AND USES GENERALLY CHAPTERS OF THE CARLSBAD MUNICIPAL CODE CASE NO.: ZCA 96-04(A) SECTION 1 : That Section 21.95.120Al of the Carlsbad Municipal Code is 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 the coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of the Carlsbad Municipal Code and the slope protection policies of the applicable local coastal program segment. Additionally, all hillside development processed pursuant to this chapter shall be consistent with all applicable provisions and policies of the certified local coastal program(s) and shall not result in significant adverse impacts to coastal resources. Within the coastal zone, in case of conflict between this section and any other provision of Chapter 21.95 Hillside Development Regulations, this section shall apply.” SECTION 2: That Section 21.95.120B2 of the Carlsbad Municipal Code is amended to read as follows: “21.95.120B2 Hillside develoDment and design standards Outside the coastal zone, projects which propose the development of natural slopes defined in Section 21.95.120(B)(l) shall nevertheless be allowed, only if the project qualifies as an exclusion or obtains a modification, pursuant to Sections 21.95.130 and 21.95.140, respectively.” SECTION 3: That Section 21.95.13OA of the Carlsbad Municipal Code is amended to read as follows: “2 1 .95.13 OA Exclusions Outside the coastal zone, the following are excluded from the Hillside Development and Design Standards of Section 21.95.120: 1. Hillside areas where a Circulation Element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards. 2. Grading volumes, slope heights and graded areas which are directly associated with Circulation Element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other City e 0 standards. necessitate corrective work that may require significant amounts of grading.” 3. Hillside areas that have unusual geotechnical or soil conditions that SECTION 4: That Section 21.95.130B of the Carlsbad Municipal Code is amended to read as follows: “21.95.130B Exclusions Within the coastal zone, grading for construction of Circulation Element roadways are excluded from Sections 21.38.1410(1)(a) and 21.203.04O(A)(l) of the Municipal Code.” SECTION 5: That Section 21.95.140A of the Carlsbad Municipal Code is amended to read as follows: “2 1.95.140A Modifications to the development and design standards Outside the coastal zone, the decision-making body or official may approve a modification to the Hillside Development and Design Standards of Section 21.95.120 if it finds that the proposed development complies with the Purpose and Intent provisions of Section 21.95.010 and makes one or more of the following findings: 1. The proposed modification will result in significantly more open space or 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 manufactured slopes which are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of Section 21.95.120. SECTION 6: That Section 21.53.230(d) of the Carlsbad Municipal Code is amended by the amendment of to read as follows: “21.53.230(d) Residential Density Calculations, Residential Development Restrictions on Ouen Space and Environmentally Sensitive Lands (a) For the purposes of Titles 20 and 21 of this code, residential density shall be determined based on the number of dwelling units per developable acre of property. (b) The following lands are considered to be undevelopable and shall be excluded from density calculation (1) Beaches; (2) Permanent bodies of water; (3) Floodways; (4) Natural slopes with an inclination of greater than forty percent except as permitted pursuant to Section 21.95.120B of this Code; (5) Significant wetlands; a 1 (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission (8) Land upon which other significant environmental (9) Railroad track beds. easements; features as determined by the environmental review process for a project are located; (c) No residential development shall occur on any property listed in subsection (b). Subject to the provisions of Chapters 21.33 and 21.1 10, the city council may permit limited development of such property if, when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. The planning commission or city council, whichever is the final decisionmaking body for a residential development may permit accessory facilities, including, but not limited to, recreational facilities, view areas, and vehicular parking areas, to be located in floodplains (subject to Chapter 21.1 10) and on land subject to major power transmission easements. (d) Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to minimize the amount of grading necessary to accommodate the project. For projects within the coastal zone, the grading provisions of the Carlsbad Local Coastal Program and Chapters 21.38 and 21.203 of the Municipal Code shall apply.”