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HomeMy WebLinkAbout2011-10-19; Planning Commission; Resolution 68361 PLANNING COMMISSION RESOLUTION NO. 6836 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND 4 THE SECOND DWELLING UNIT RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21.10 OF THE ZONING 5 ORDINANCE. CASE NAME: SOU RENT RESTRICTIONS 6 CASE NO: ZCA11-04 7 WHEREAS, the Planning Director has prepared a proposed Zone Code o Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend the second 9 dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance; and 10 WHEREAS, the proposed amendment is set forth in the draft City Council 11 Ordinance, Exhibit "X" dated, October 19, 2011, and attached hereto SDU RENT 12 RESTRICTIONS - ZCA 11-04; and 13 WHEREAS, the Planning Commission did on October 19, 2011, hold a duly 14 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 1 g relating to the Zone Code Amendment. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SDU RENT RESTRICTIONS - ZCA 11- 04, based on the following findings: 24 Findings; 25 1. That the proposed Zone Code Amendment ZCA 11-04 is consistent with the General 26 Plan in that the proposed amendment does not conflict with any goal, objective or policy of the General Plan and will not impede the city's future ability to meet its 27 share of regional housing needs. 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 2. That the proposed ZCA 11-04 reflects sound principles of good planning in consistent with the General Plan and with the procedures and standards of provisions of the Zoning Ordinance that are not proposed for amendment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the that it is the other Planning Commission of the City of Carlsbad, held on October 19, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Schumacher, Scully and Siekmann NOES: ABSENT: ABSTAIN: • tr\4ifc#$***^s^~ STEPttfe^HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ck*\ S (erf DON NEU Planning Director PC RESO NO. 6836 -2- Nygaard, Exhibit "X" October 19, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND THE SECOND DWELLING UNIT RENT RESTRICTIONS LOCATED WITHIN CHAPTER 21.10 OF 4 THE ZONING ORDINANCE. CASE NAME: SDU RENT RESTRICTIONS 5 CASE NO.: ZCA 11 -04/LCPA 11 -05 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION 1: That sub-section 21.10.030.D.7 (R-1 One Family Residential Zone, 8 Second dwelling units) is amended to read as follows: 9 7. An owner signed and notarized a Notice of Restriction, to be recorded against 10 the property, declaring that: a. The property owner(s) shall reside in either the main dwelling unit or the second 11 dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit; b. The obligations and restrictions imposed on the second dwelling unit per this 12 Chapter are binding on all present and future property owners. 13 SECTION 2: That sub-section 21.10.030.E.15 (R-1 One Family Residential Zone, 14 Second dwelling units) is hereby repealed. SECTION 3: That second dwelling units approved under section 21.10.030 prior to the 16 effective date of this ordinance shall be released from rental rate and/or tenant income 17 restrictions imposed as a condition of their approval; except however, that unit rental rate and/or 18 tenant income restrictions imposed on second dwelling units in accordance with chapter 21.85 19 (Inclusionary Housing) or other affordable housing assistance program, shall continue to be in 20 force and effect according to the terms of said program. 21 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 22 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. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 11-05 is approved by the California Coastal Commission.)26 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2011, and thereafter.28 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 13 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -2-