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HomeMy WebLinkAbout2009-02-18; Planning Commission; Resolution 65441 PLANNING COMMISSION RESOLUTION NO. 6544 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT AND LOCAL 4 COASTAL PROGRAM AMENDMENT TO MODIFY THE 5 STANDARDS IN MUNICIPAL CODE CHAPTER 21.45 (PLANNED DEVELOPMENTS) AND CHAPTER 21.82 6 (BEACH AREA OVERLAY ZONE), THEREBY RECOMMENDING ACCEPTANCE AND ADMINISTRATION 7 OF THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED 8 DEVELOPMENT REGULATION AMENDMENTS. 9 CASE NAME: CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE 10 PLANNED DEVELOPMENT REGULATION AMENDMENTS 11 CASE NO: ZCA 05-02(A)/LCPA 05-07(A) 12 WHEREAS, the Planning Director has prepared a proposed Zone Code 13 Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the 14 Carlsbad Municipal Code to:15 jr Modify the standards in Municipal Code Chapter 21.45 (Planned Developments) and Chapter 21.82 (Beach Area 17 Overlay Zone), pursuant to the California Coastal Commission's suggested modifications; and 18 WHEREAS, the Zoning Ordinance is the implementing ordinance for the City of 2Q Carlsbad Local Coastal Program; and 21 WHEREAS, California State law requires that the Local Coastal Program and 22 Zoning Ordinance be in conformance, and therefore, an amendment to the Local Coastal 23 Program is required in conjunction with an amendment to the Zoning Ordinance to ensure 24 consistency between the two documents; and 25 WHEREAS, a Local Coastal Program may be amended pursuant to California26 27 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 28 14, Division 5.5; and WHEREAS, the proposed Zone Code and Local Costal Program Amendment is 2 set forth in the draft City Council Ordinance, Exhibit ZCA 05-02(A)/LCPA 05-07(A) dated, 3 February 18, 2009, and attached hereto CALIFORNIA COASTAL COMMISSION'S4 5 SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT 6 REGULATION AMENDMENTS - ZCA 05-02(A)/LCPA 05-07(A); and 7 WHEREAS, the Planning Commission did on the 18th day of February, 2009, o hold a duly noticed public hearing as prescribed by law to consider said request; and 9 WHEREAS, at said public hearing, upon hearing and considering all testimony 10 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code and Local Coastal Program Amendment, and 13 WHEREAS, State Coastal Guidelines requires a six-week public review period 14 for any amendment to the Local Coastal Program. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 17 A) That the foregoing recitations are true and correct. 18 B) At the end of the State-mandated six-week review period, starting on January 30, 19 2009 and ending on March 13, 2009, staff shall present to the City Council a 20 summary of the comments received. 21 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALIFORNIA COASTAL 22 COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED 23 DEVELOPMENT REGULATION AMENDMENTS - ZCA 05-02(A)/LCPA 05-07(A), based on the following findings: 24 Findings: 25 1. That the proposed Zone Code Amendment (ZCA 05-02(A)) is consistent with the 2" General Plan in that it provides flexibility in development standards, which is 27 necessary to: (a) achieve minimum and Growth Management Control Point densities of the General Plan, (b) accommodate clustered development projects in 28 order to preserve open space consistent with the City's Habitat Management Plan, and (c) enable the achievement of the City's Regional Housing Needs Assessment for lower- and moderate-income housing. PC RESO NO. 6544 -2- 1 2. That ZCA 05-02(A) and Local Coastal Program Amendment (LCPA 05-07(A)) reflect 2 sound principles of good planning in that the amendments: (a) implement the policies and standards of the General Plan, and (b) ensure internal consistency with the 3 procedures and standards of the of the other provisions of the Zoning Ordinance that are not proposed for amendment. 4 3. That LCPA 05-07(A) meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal g Program not being amended by this amendment, in that the modified standards: (a) enable residential projects to achieve the density requirements of the LCP, (b) will 7 not cause development to adversely impact coastal resources; and (c) the revised standards will accommodate clustered residential development in order to preserve 8 open space consistent with the City's Habitat Management Plan. 4. That the proposed amendment to the Carlsbad Local Coastal Program is required to j Q ensure it remains consistent with the Zoning Ordinance. 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 12 Commission of the City of Carlsbad, held on February 18, 2009, by the following vote, to wit: 14 AYES: Commissioners Baker, Boddy, Cardosa, Whitton, and Chairperson 15 Montgomery 16 NOES: ABSENT: Commissioners Dominguez and Douglas 18 ABSTAIN: 19." 20 21 22 MAR'TELT'B. MONTGOMERY, OHFperson CARLSBAD PLANNING COMMISSION 23 " 24 ATTEST: 25 26 DON NEU 27 Planning Director 28 PC RESO NO. 6544 -3- Exhibit "ZCA 05-02(A)/LCPA 05-07(A)" February 18, 2009 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE 3 AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 4 21.45 (PLANNED DEVELOPMENTS) AND CHAPTER 21.82 (BEACH AREA OVERLAY ZONE), THEREBY ACCEPTING AND 5 ADMINISTERING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE PLANNED 6 DEVELOPMENT REGULATION AMENDMENTS. CASE NAME: CALIFORNIA COASTAL COMMISSION'S 7 SUGGESTED MODIFICATIONS TO THE PLANNED DEVELOPMENT REGULATION 8 AMENDMENTS CASE NO.: ZCA 05-02(A)/LCPA 05-07(A) 9 WHEREAS, the Planning Commission did on October 18, 2006 and December 6,10 2006, hold a duly noticed public hearings as prescribed by law to consider Zone Code Amendment (ZCA 05-02) and Local Coastal Program Amendment (LCPA 05-07) to amend the standards in the Planned Development, Parking, and Beach Area Overlay Zone chapters of the Zoning Ordinance to facilitate the development of high quality residential projects consistent with the residential density policies of the Carlsbad General Plan, and to clarify ambiguities and correct inconsistencies; and16 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6140, 6141, and 6142 recommending to the City Council adoption of the project lo Negative Declaration, and approval of ZCA 05-02 and LCPA 05-07; and WHEREAS, the City Council did on February 20, 2007, hold a duly noticed public hearing as prescribed by law to consider said ZCA 05-02 and LCPA 05-07, and introduced 22 Ordinance No. NS-834 to approve ZCA 05-02, and adopted Resolution No. 2007-036, approving LCPA 05-07, the effective date of which was subject to the California Coastal 24 Commission's approval of said LCPA; and 25 WHEREAS, the City Council did on March 6, 2007, adopt Ordinance No. NS- 834, approving ZCA 05-02, the effective date of which was subject to the California Coastal 27 Commission's approval of LCPA 05-07; and 28 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 WHEREAS, on January 8, 2009, the California Coastal Commission approved LCPA 05-07 with suggested modifications; and WHEREAS, the Planning Commission did on February 18, 2009, hold a duly noticed public hearing as prescribed by law to consider Zone Code Amendment (ZCA 05-02(A)) and Local Coastal Program Amendment (LCPA 05-07(A)) to amend the Planned Development and Beach Area Overlay Zone chapters of the Zoning Ordinances, pursuant to the California Coastal Commission's suggested modifications; and WHEREAS, the City Council did on March_, 2009, hold a duly noticed public hearing as prescribed by law to consider said ZCA 05-02(A) and LCPA 05-07(A), and WHEREAS, accepting and administering the California Coastal Commission's suggested modifications, as set forth in this ordinance, is necessary to comply with the California Coastal Act and California Administrative Code; NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Row C.7 of Table C of Section 21.45.060 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: C.7 Location of Visitor Parking On Private/ Public Streets On-street visitor parking is permitted on private/public streets, subject to the following: • The private/public street is a minimum 34-feet wide (curb- to-curb) • There are no restrictions that would prohibit on-street parking where the visitor parking is proposed • The visitor parking spaces may be located: o Along one or both sides of any private/public street(s) located within the project boundary, and o Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary In parking bays along public/private streets within the project boundary, provided the parking bays are outside the minimum required street right-of-way width. -2- 1 2 3 4 5 0o 0J 1 n1U 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 7• ' i cont. 1 oration of^WVsdllwl 1 wl \/icitr\rVIollUl Parking, cont. On Private/ Public Streets, cont. On Drive-aisles On avyi i d Driveway When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. Outside the Beach Area Overlay Zone WithinV V 1 LI III 1 thpLI IG ReachLJWdwl 1 Area*\l WO Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more! One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 1 00% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). SECTION 2: That Row C.11 of Table C of Section 21 .45.060 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is deleted. SECTION 3: That Row D.8 of Table D of Section 21.45.070 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows:' -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 D.8 Minimum Setback from a Drive-Aisle(4) Residential structure Garage Projects of 25 units or less within the RMH and RH general plan designations 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 3 feet Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. SECTION 4: That Row D.11 of Table D of Section 21.45.070 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: D.11 Maximum Building Height/ Number of Stories Same as required by the underlying zone (5) (8) SECTION 5: That Table D of Section 21.45.070 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to add the following footnote: (8) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. SECTION 6: That Row E.4 of Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: E.4 Maximum Building Height Same as required by the underlying zone, and not to exceed three stories (1) (7) Projects within the RH general plan designation (1}(7) 40 feet, if roof pitch is 3:12 or greater 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories -4- 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 SECTION 7: That Row E.5 of Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: E.5 Minimum Building Setbacks From a private or public street(2)(3) From a drive- aisle(4) Residential structure Direct entry garage Residential structure (all floors, except as specified below) Residential structure - 2nd & 3rd floors directly above a garage Garage Projects of 25 units or less within the RMH and RH general plan designations Balconies/decks (unenclosed and uncovered) 10 feet 20 feet 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) 0 feet when projecting over the front of a garage. 3 feet Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) Garages facing directly onto a drive- aisle shall be equipped with an automatic garage door opener. Ofeet May cantilever over a drive-aisle, provided the balcony/deck does not impede access and complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department requirements From the perimeter Jhe buj|djng setback from an interjor side or property lines or tne regr perjmeter property |ine snaN be tne sameoroiect site • , , v^ , , • r, ; J. . . as required by the underlying zone for an(not adjacent to a .^r side Q\ rear d syet*ack public/private street) ' SECTION 8: That Row E.8 of Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: -5- 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.8 Private Recreational Space One-family, two-family, and multiple- family dwellings One-family and two- family dwellings Multiple- family dwellings Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. Minimum total area per unit Projects not within the RMH or 400 square RH general plan designations feet Projects within the RMH or RH 200 square general plan designations feet May consist of more than one recreational space. May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. If provided at ground level If provided as a deck/ balcony on a 2nd/3rd floor or roof Not within the RMH or RH 15 Minimum general plan designations feet dimension Within the RMH or RH 10 general plan designations feet Shall not have a slope gradient greater than 5%. Attached solid patio covers and second story decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). Minimum dimension 6 feet Minimum area 60 square feet Minimum total area per unit (patio, f porch, or balcony) b° square Teet Minimum dimension of patio, porch R , . or balcony ° Teel -6- 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 Projects of 11 or more units that are within the RH general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. SECTION 9: That Table E of Section 21.45.080 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to add the following footnote: (7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. SECTION 10: That Section 21.82.050 of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. NS-834, is modified to read as follows: 21.82.050 Building height. A. No newly constructed, reconstructed, altered or enlarged residential structure within the beach area overlay zone shall exceed thirty feet if a minimum 3/12 roof pitch is provided or twenty-four feet if less than a 3/12 roof pitch is provided. -7- 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 2 after its adoption but not until certified by the California Coastal Commission, and the City Clerk 3 shall certify to the adoption of this ordinance and cause it to be published at least once in a 4 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the day of 2009, and thereafter. 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 8 Carlsbad on the day of 2009, by the following vote, to wit: 9 AYES: 10 NOES: 11 ABSENT: 12 ABSTAIN: 13 14 APPROVED AS TO FORM AND LEGALITY 15 16 ii RONALD R. BALL, City Attorney 18 19 CLAUDE A. LEWIS, Mayor 20 21 ATTEST: 22 23 LORRAINE M. WOOD, City Clerk 24 (SEAL) 25 " 26 27 28 -8-