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HomeMy WebLinkAbout2005-03-02; Planning Commission; Resolution 58461 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 PLANNING COMMISSION RESOLUTION NO. 5846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO CLARIFY RESIDENTIAL DENSITY POLICIES IN THE LAND USE ELEMENT. CASE NAME: RESIDENTIAL DENSITY CLARIFICATION CASE NO. : GPA 04-21 WHEREAS, the City of Carlsbad, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as Citywide (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “A” dated March 2, 2005, on file in the Carlsbad Planning Department RESIDENTIAL DENSITY CLARIFICATION - GPA 04-21 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of March 2005, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RESIDENTIAL DENSITY CLARIFICATION - GPA 04-21, based on the following finding: ... 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 FindinP: 1. Th P oposed amendment to the General Plan, as shown on Exhibit “A,” is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated March 2,2005, and as follows: a. The proposed amendment will not significantly change any existing policy, but will clarify the intent of policies pertaining to residential density. The proposed amendments are consistent with existing policies in the Land Use Element and will not create any inconsistencies with other policies of the General Plan not being amended. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of March 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, and Montgomery NOES: ABSENT: Commissioner Whitton ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5846 -2- d. e. Medium-Hiqh Density (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. Hiah Density (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. c. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. Table 2: Land Use Growth Control Point The residential land use designations indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a sinale. one-familv dwellinn is constructed on a lenal lot that existed as of October 28,2004. ab. When a w, cr whe~ sinale, one-familv dwellinn is constructed on a lot that was created bv consolidating lint0 one lot lthis onlv amlies to lots that are nonconforming in lot areal. two legal nonconforminn lots &. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized Page 14 Amended September 21,2004