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
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Amendment and Local Coastal Program Amendment pursuant to Section 21.52.020 of the
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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
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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
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consistency between the two documents; and
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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
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set forth in the draft City Council Ordinance, Exhibit ZCA 05-02(A)/LCPA 05-07(A) dated,
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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
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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:
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A) That the foregoing recitations are true and correct.
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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:
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Findings:
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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.
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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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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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."
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22 MAR'TELT'B. MONTGOMERY, OHFperson
CARLSBAD PLANNING COMMISSION
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24 ATTEST:
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DON NEU
27 Planning Director
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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)
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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
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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
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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.
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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:'
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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
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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:
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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
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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.
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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:
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14 APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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19 CLAUDE A. LEWIS, Mayor
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21 ATTEST:
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23 LORRAINE M. WOOD, City Clerk
24 (SEAL)
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