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HomeMy WebLinkAbout2014-01-15; Planning Commission; Resolution 7029 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND THE CITY’S ZONING ORDINANCE TO IMPROVE THE DEFINITIONS OF ‘DWELLING UNIT’ AND ‘KITCHEN’ AND ADD A DEFINITION OF ‘WET BAR.’ THE PROPOSED AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA SECTION 15061(B). CASE NAME: DWELLING DEFINITIONS CASE NO: ZCA 13-02 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to: amend the city’s Zoning Ordinance to improve the definitions of ‘dwelling unit’ and ‘kitchen’ and add a definition of ‘wet bar;’ and WHEREAS, the proposed Zone Code Amendment is set forth in the draft City Council Ordinance, Exhibit “X” dated January 15, 2014, and attached hereto DWELLING DEFINITIONS—ZCA 13- 02; and Whereas, the Planning Commission did on January 15, 2014, hold a duly noticed public hearing as prescribed by law to consider said request for a proposed Zone Code Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony 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 of the City of Carlsbad 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 RECOMMENDS APPROVAL of DWELLING DEFINITIONS - ZCA 13-02, based on the following findings: Findings: 1. That the proposed Zone Code Amendment ZCA 13-02 is consistent with the General Plan in that the proposed amendments do not conflict with any goal, objective, or policy of the General Plan, and improving the city’s definitions of ‘dwelling unit,’ ‘kitchen,’ and adding the definition of ‘wet bar’ will further the goals and objectives of the General Plan. 2. That the proposed ZCA reflects sound principles of good planning. PLANNING COMMISSION RESOLUTION NO. 7029 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, held on January 15, 2014, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 9 NEIL BLACK, Chairperson 10 CARLSBAD PLANNING COMMISSION 11 ATIEST: 12 13 CJL& DON NEU 14 City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7029 -2- Exhibit “X” January 15, 2014 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 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE AMENDMENT TO AMEND THE CITY’S ZONING ORDINANCE TO IMPROVE THE DEFINITIONS OF ‘DWELLING UNIT’ AND ‘KITCHEN’ AND ADD A DEFINTION OF ‘WET BAR.’ CASE NAME: DWELLING DEFINITIONS CASE NO.: ZCA 13-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Section 21.04.120 of the Carlsbad Municipal Code is amended to read as follows: 21.04.120 Dwelling unit. "Dwelling unit" means a single unit providing a complete, independent living facility for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen. For the purposes of this section, provisions for sanitation include a toilet, sink and shower or bathtub. Section 2: That Section 21.04.200 of the Carlsbad Municipal Code is amended to read as follows: 21.04.200 Kitchen. A. "Kitchen" means any room or portion of a room used or intended or designed to be used for the preparation and storage of food and containing one or both of the following: 1 Cooking appliances or rough-in facilities for cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. Rough-in facilities may include, but not necessarily be limited to: built-in counter tops and cabinetry, gas lines or electrical wiring. 2. A refrigerator or rough-in space for a refrigerator. Section 3: That Section 21.04.378.1 of the Carlsbad Municipal Code is added to read as follows: 21.04.378.1 Wet bar. A. “Wet bar” means an area within a dwelling unit, notwithstanding a kitchen as defined in Section 21.04.200, designed for the purpose of preparing beverages and containing a small counter top and sink with running water. For the purposes of this section, a wet bar does not contain: ORDINANCE NO. -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 1. Gas lines or electrical wiring exceeding 110 volts that could power cooking appliances including, but not limited to: stoves or stovetops, built-in grills, ovens (gas or electric); microwave ovens or similar appliances. 2. A refrigerator exceeding six cubic feet in capacity or rough-in space for a refrigerator exceeding six cubic feet in capacity, (the typical dimensions of which are: a. Depth of twenty-five inches; b. Height of thirty-five inches; and c. Width of twenty-five inches). 3. A sink or rough-in space for a sink with a waste line drain exceeding one and a half inches in diameter, a depth of eighteen inches or an overall size of two square feet. 4. Cabinetry or counter space exceeding eight lineal feet. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2014, and thereafter. /// /// /// /// /// /// /// /// /// -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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk