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HomeMy WebLinkAbout2005-03-02; Planning Commission; Resolution 58471 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. 5847 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO CLARIFY THE PROVISIONS FOR CALCULATING RESIDENTIAL DENSITY, AND TO AMEND “TABLE A PERMITTED USES” FOR CONSISTENCY. CASE NAME: RESIDENTIAL DENSITY CLARIFICATION IN CHAPTER 2 1.08 (R-A ZONE) OF THE MUNICIPAL CODE CASE NO.: ZCA 04-1 1 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code (Zoning Ordinance) relating to residential density calculations; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “X,” dated March 2, 2005, and attached hereto RESIDENTIAL DENSITY CLARIFICATION - ZCA 04-21; 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, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of RESIDENTIAL DENSITY CLARIFICATION - ZCA 04-11, based on the following findings: Findings: 1. The proposed Zone Code Amendment, ZCA 04-11, is consistent with the General Plan in that the amendments will clarify how to calculate residential unit yields based on 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 General Plan density requirements, which will ensure consistency with and implementation of the residential density policies of the General Plan; and 2. The proposed Zone Code Amendment, ZCA 04-11, reflects sound principles of good planning in that it: a) ensures consistency with the General Plan and Zoning Ordinance; and b) provides clarity in how to implement City policies and regulations that pertain to residential density. 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: 1 JEFFRE N. SEGAL , hairperson CARLSBAD PLANNING COMMISSION AXTEST: DON NEU Assistant Planning Director PC RES0 NO. 5847 -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 Exh i bi t “X March 2,2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE BY AMENDING THE RESIDENTIAL DENSITY CALCULATION PROVISIONS IN THE ZONING ORDINANCE, AND BY AMENDING “TABLE A PERMITTED CODE FOR CONSISTENCY. CASE NAME: RESIDENTIAL DENSITY CLARIFICATION USES” IN CHAPTER 21.08 (R-A ZONE) OF THE MUNICIPAL CASE NO.: GPA 04-21/ZCA 04-1 IlLCPA 04-19 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1 : That Section 21.08.020 of the Carlsbad Municipal Code is amended by deleting “Agricultural labor housing” from TABLE A PERMITTED USES. SECTION 2: That Section 21.53.120(e) of the Carlsbad Municipal Code is deleted. SECTION 3: That Section 21.53.230(d) of the Carlsbad Municipal Code is amended to read as follows: (d) No more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. 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. SECTION 4: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Section 21.53.230(e) to read as follows: (e) The potential unit yield for a property, based on the minimum, growth management control point (GMCP), or maximum density of the applicable General Plan land use designation, shall be subject to the following: Equation used to determine unit yield: developable lot area (in acres) x density = unit yield. (A) “Density” used in this calculation is the minimum, GMCP, or maximum density of the applicable General Plan land use designation; (B) The resulting unit yield shall be subject to Table A, below. For purposes of this section: (A) “Rounded-up” means rounding the fractional unit yield up to the next whole unit; and (B) “Rounded-down” means rounding the fractional unit yield down to the previous whole unit, but not less than 1 unit. The information contained in Table A, below, shall not preclude the City from approving residential densities above the GMCP or maximum density of the applicable land use designation, subject to adopted City policies and regulations. (1) (2) (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 Density Used for Calculation MINIMUM GMCP MAXIMUM Unit Yield Includes a fractional unit of .5 or greater SHALL be rounded-up.’ fractional unit below .5 MAY be rounded-down.’ fractional unit of .5 or greater MAY be r~unded-up.~ fractional unit below .5 SHALL be rounded-down. fractional unit SHALL be rounded-down. Provisions for Unit Yield Rounding ’ * Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. Unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the General Plan. Subject to a fractional unit allocation from the “excess dwelling unit bank”, and provided the maximum density of the applicable land use designation is not exceeded. SECTION 5: That the findings of the Planning Commission as set forth in 3 Planning Commission Resolution No. 5847 constitute the findings of the City Council. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become effective within the City’s Coastal Zone until LCPA 04-79 is approved by the California Coastal Commission.) .. ... ... ... ... ... ... ... ... -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of . 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAl N: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -3-