Loading...
HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 6842PLANNING COMMISSION RESOLUTION NO. 6842 6 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING A 4 DETERMINATION THAT THE PROJECT IS WITHIN THE 5 SCOPE OF A MITIGATED NEGATIVE DECLARATION PREVIOUSLY ADOPTED FOR THE 2005-2010 HOUSING ELEMENT (GPA 03-02) AND RECOMMENDING APPROVAL 7 OF A ZONE CODE AMENDMENT TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING ELEMENT PROGRAM 2.1 BY ALLOWING RESIDENTIAL USES AS A PERMITTED USE IN CERTAIN COMMERCIAL 10 ZONES. 11 CASE NAME: H.E. PROGRAM 2.1 - MIXED USE CASE NO: ZCA 10-05 13 WHEREAS, the Planning Director has prepared a proposed Zone Code 14 Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: to implement a 16 portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a 17 18 19 WHEREAS, the proposed amendment is set forth in the draft City Council 20 21 22 MIXED USE - ZCA 10-05; and 23 24 25 noticed public hearing as prescribed by law to consider said request; and " WHEREAS, at said public hearing, upon hearing and considering all testimony 27 2g and arguments, if any, of all persons desiring to be heard, said 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 tme and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of H.E. PROGRAM 2.1 - MIXED USE - ZCA 10-05, based on the following findings: permitted use in certain commercial zones; and Ordinance, Exhibit "X" dated, December 7, 2011, and attached hereto H.E. PROGRAM 2.1 - WHEREAS, the Planning Commission did on December 7, 2011, hold a duly Findings: 1 2 3 1. That the proposed Zone Code Amendment ZCA 10-05 is consistent with the General 4 Plan in that the proposed amendment does not conflict with any goal, objective or policy of the General Plan and implements Program 2.1 of the General Plan's 5 Housing Element. Furthermore, the proposed Zone Code Amendment is consistent g with the following Housing Element goals and policies: 7 Goal 2 - New housing developed with diversity of types, prices, tenures, densities and locations, and in sufficient quantity to meet the demand of anticipated City and g regional growth. 1^ Policy 2.1 - Ensure sufficient developable acreage in all residential densities to 11 provide varied housing types for households in all economic segments. 12 Policy 2.6 - Encourage increased integration of housing with nonresidential 13 development where appropriate. 14 15 2. That the proposed ZCA reflects sound principles of good planning in that it ensures internal consistency with other Zoning Ordinance procedures and standards that 16 are not proposed for amendment, as well as the General Plan and Local Coastal IJ Program. The Planning Commission has determined that: a. the project is a subsequent activity of the 2005-2010 Housing Element, for which a Mitigated Negative Declaration was previously adopted; 18 19 20 21 22 b. the project is consistent with the 2005-2010 Housing Element cited above; 23 the project has no new significant environmental effect not analyzed as significant 24 in the prior Mitigated Negative Declaration; and 25 none of the circumstances requiring a Subsequent EIR, Mitigated Negative 2^ Declaration or Negative Declaration imder CEQA Guidelines Sections 15162 27 exist. 28 PC RESO NO. 6842 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 7, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Schumacher, and Siekmann Commissioner Scully STEPHEfTmP" L'HElrREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6842 -3- Exhibit "X" December 7, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO IMPLEMENT A PORTION OF CARLSBAD GENERAL PLAN HOUSING ELEMENT PROGRAM 2.1 BY 4 ALLOWING RESIDENTIAL USES AS A PERMITTED USE IN CERTAIN COMMERCIAL ZONES. 5 CASE NAME: H.E. PROGRAM 2.1 - MIXED USE CASE NO.: ZCA 10-05/ LCPA 10-04 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION I: That the list of sections in Chapter 21.26 (C-1 Neighborhood Commercial Zone) is amended by the addition of the reference to 21.26.015. 21.26.015 Residential uses in the C-1 Zone. SECTION II: That the following "Use" in Table A of Section 21.26.010 (C-1 Neighborhood Commercial Zone, Permitted uses) is amended as follows: Use P CUP Acc Residential uses (subject to Section 21.26.015 of this title) X SECTION III: That Section 21.26.015 is added to Chapter 21.26 (C-1 Neighborhood Commercial Zone) as follows; 9 10 11 12 13 14 15 16 „ 21.26.015 Residential uses in the C-1 Zone. 17 Mixed use developments that propose residential uses in combination with commercial uses shall comply with the following requirements. 18 A. Residential uses shall be located above the ground floor of a multi-storied commercial building with one or more of the non-residential uses permitted by Section 19 21.26.010 of this title located on the ground floor. B. Residential uses shall be subject to the requirements of the Chapters of this title, 20 which include but are not limited to, 21.26, 21.44, and in the case of airspace subdivisions, 21.47. 21 C. At the minimum, residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on 22 Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan processed in accordance with Chapter 21.06 of this title. 23 1. Density and yield of residential uses shall be determined consistent with the residential density calculations and residential development restrictions in Section 21.53.230 of 24 this title and shall be based on 25% of the developable area. Unit yield in excess of the minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation 25 preclude the development of at least one dwelling unit in a mixed use development. 2. Residential uses shall be secondary and accessory to the primary commercial 26 use of the site. Compliance with this provision shall be evaluated as part of the Site Development Plan. 27 28 1 SECTION IV: That Section 21.26.020 of Chapter 21.26 (C-1 Neighborhood Commercial 2 Zone) is amended as follows: 3 21.26.020 - Limitations on permitted uses in C-1 zone. Every non-residential use permitted shall be subject to the following conditions and 4 limitations: (1) All uses shall be conducted wholly within a building except such uses as gasoline 5 stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in the open; 6 (2) Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing, processing 7 and treatment of products penmitted herein; (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. 9 SECTION V: That the list of sections in Chapter 21.28 (C-2 General Commercial Zone) 10 is amended by the addition of the reference to 21.28.015. 11 21.28.015 Residential uses in the C-2 Zone. 12 SECTION VI: That the following "Use" in Table A of Section 21.28.010 (C-2 General 13 Commercial Zone, Permitted uses) is amended as follows: Use P CUP Acc Residential uses (subject to Section 21.28.015 of this title) X 14 15 SECTION VII: That Section 21.28.015 is added to Chapter 21.28 (C-2 General jy Commercial Zone) as follows: Ig 21.28.015 Residential uses in the C-2 Zone. Mixed use developments that propose residential uses in combination with commercial j9 uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-storied 20 commercial building with one or more of the non-residential uses permitted by Section 21.28.010 of this title located on the ground floor. 21 B. Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to, 21.28, 21.44, and in the case of airspace subdivisions, 22 21.47. C. At the minimum, residential uses shall be constructed at the RHNA Base density 23 for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan 24 processed in accordance with Chapter 21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the 25 residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the 26 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 27 2. Residential uses shall be secondary and accessory to the primary commercial 28 -2- 1 use of the site. Compliance with this provision shall be evaluated as part of the Site Development Plan. 10 11 12 13 14 15 16 17 18 19 20 SECTION VIII: That Section 21.28.020 of Chapter 21.28 (C-2 General Commercial Zone) is amended as follows: 21.28.020 - Limitations on permitted uses. 5 Every non-residential use permitted in the C-2 zone shall be subject to the following conditions and limitations: 6 (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, horticultural nurseries and other enterprises 7 customarily conducted in the open. (2) Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products. 9 (3) Storage shall be limited to accessory storage of commodities sold at retail on the premises. SECTION IX: That the list of sections in Chapter 21.31 (C-L Local Shopping Center Zone) is amended by the addition of the reference to 21.31.065. 21.31.065 Residential uses in the C-L Zone. SECTION X: That the following "Use" in Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) is amended as follows: Use P CUP Acc Residential uses (subject to Section 21.31.065 of this title) X SECTION XI: That the footnotes of Table A of Section 21.31.030 (C-L Local Shopping Center Zone, Permitted uses) are amended as follows: Notes: 1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use within or on the same structure or parcel of land. 21 2. Educational facilities, other. No individual educational facility shall occupy more than ten thousand square feet of gross leasable floor area within any local shopping center. 22 3. Offices. The total floor area of an office uses shall not exceed forty percent of the gross leasable floor area within any local shopping center. 23 4. Retail sales may also include those types of goods and services that are typically offered by "community" retail establishments. When "community" retail establishments are 24 included in a local shopping center, they shall be subject to the following: the definition of a local shopping center, Section 21.31.020, and the function of the local shopping center land use 25 class as described in the Carlsbad general plan. 5. Any use meeting the definition of an entertainment establishment, as defined in 26 Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 27 " 28 -3- 1 SECTION XII: That Section 21.31.065 is added to Chapter 21.31 (C-L Local Shopping 2 Center Zone) as follows: 3 21.31.065 Residential uses in the C-L Zone. Mixed use developments that propose residential uses in combination with commercial 4 uses shall comply with the following requirements. A. Residential uses shall be located above the ground floor of a multi-storied 5 commercial building with one or more of the non-residential uses permitted by Section 21.31.030 of this title located on the ground floor. 6 B. Residential uses shall be subject to the requirements of the Chapters of this title, which include but are not limited to, 21.31, 21.44, and in the case of airspace subdivisions, 7 21.47. C. At the minimum, residential uses shall be constructed at the RHNA Base density for the Residential High (RH) General Plan designation of 20 units per acre as described on Table 2 of the General Plan Land Use Element, subject to approval of a Site Development Plan 9 processed in accordance with Chapter 21.06 of this title. 1. Density and yield of residential uses shall be determined consistent with the 10 residential density calculations and residential development restrictions in Section 21.53.230 of this title and shall be based on 25% of the developable area. Unit yield in excess of the 11 minimum shall be subject to the finding in subsection 2 below. In no case shall the calculation preclude the development of at least one dwelling unit in a mixed use development. 12 2. Residential uses shall be secondary and accessory to the primary commercial use of the site. Compliance with this provision shall be evaluated as part of the Site 13 Development Plan. 14 SECTION XIII: Section 21.31.070 of Chapter 21.31 (C-L Local Shopping Center 1^ Zone) is proposed to be amended as follows: 17 18 19 20 1^ 21.31.070 - Limitations on permitted uses in C-L zone. Every non-residential use permitted shall be subject to the following conditions and limitations: A. Conduct Uses in Buildings. All uses shall be conducted wholly within a building, except such uses as gasoline stations, nurseries for sale of plants and flowers, uses set out in Section 21.31.060, and other enterprises customarily conducted in the open or othenwise as identified and permitted in a site development plan. The planning director is authorized to make any necessary interpretations of this subsection; B. On-Site Manufacture of Goods. Products made incident to a permitted use shall .... be sold only at retail on the premises, and not more than five persons may be employed in the manufacturing of products penmitted herein; C. Storage shall be limited to: 1. Accessory storage of commodities to be sold at retail on the premises; and 22 2. Materials to be recycled. 24 SECTION XV: Section 21.42.140{B)(130) of Chapter 21.42 (Minor Conditional 25 Use Permits and Conditional Use Permits) is proposed to be amended as shown: 130. Reserved. /// 26 27 28 -4- 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carisbad within 4 fifteen days after its adoption. {Notwithstanding ttie preceding, ttiis ordinance shall not be 5 effective until LCPA 10-04 is approved by the California Coastal Commission.) 6 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City 7 Council on the day of 2012, and thereafter. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2012, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 9 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM AND LEGALITY 10 RONALD R. BALL, City Attorney 11 12 13 14 15 MATT HALL, Mayor ATTEST: 1^ LORRAINE M. WOOD, City Clerk 17 (SEAL) -6-