HomeMy WebLinkAbout1986-06-03; City Council; 9794; Ord 9570/9694/9706/9708/9735/9778 amend - Land use element densities1
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ORDINANCE NO. 9794 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778, 9708,
9706, 9735, 9570 AND 9694 TO APPLY THE LAND USE ELEMENT
DENSITY RANGES AS ADOPTED ON DECEMBER 17, 1985 AND NEW
OPEN SPACE PROTECTION MEASURES TO EXISTING MASTER PLANS
WITHIN THE CITY OF CARLSBAD
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: (a) That the Batiquitos Lagoon Educational
Park Master Plan as adopted by Ordinance No. 9778, the Rancho
Carillo Master Plan as adopted by Ordinance No. 9706, the
Calavera Hills Master Plan as adopted by Ordinance No. 9708, the
Kelly Ranch Master Plan as adopted by Ordinance No. 9735, the La
Costa Master Plan as adopted by Ordinance No. 9570, and the Hosp
Grove Master Plan as adopted by Ordinance No. 9694, are amended
to apply the residential density ranges established by the
General Plan Amendment adopted by the City Council on December
17, 1985 as follows: RL 0 - 1.5 dwelling units/acre, RCM 0 - 4
dwelling units/acre, RM 4 - 8 dwelling units/acre, RMH 8 - 15
dwelling units/acre, RH 15 - 23 dwelling units/acre.
(b) Residential developments within each master plan
area which have not received final discretionary approval
pursuant to the provisions of the master plan prior to the
effective date of this ordinance shall be subject to these
density ranges.
(c) Whenever a master plan establishes a development
permit process whereby a minimum density is guaranteed, the
density is reduced so that the guaranteed density maintains the
same relationship to the density range established by this
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ordinance as it had to the previous density range; provided,
however, that the guaranteed density shall not exceed the
midpoint density of the density ranges established by this
ordinance. Where no specific density is assigned by a master
plan, the density shall be the lowest density established on the
range. The Planning Commission or the City Council, whichever is
the final discretionary body for a project, may allow a project
to be built at a density greater than the minimum if it finds
that a greater density is justified under the provisions of the
Master Plan.
(d) Whenever a master plan establishes a specific number
of dwelling units which may be built in a portion or portions of
the master plan and the specific number exceeds the midpoint
density of the range established by this ordinance that number
shall be reduced, if necessary, to correspond to a number which
is the midpoint of the density range established by this
ordinance unless the Planning Commission or City Council,
whichever is the final discretionary body finds that a greater
density is justified under the provisions of the Master Plan, but
in no event shall the top of the density range established by
this ordinance be exceeded.
(e) Projects which have received final discretionary
approval under a master plan prior to the effective date of this
ordinance, may obtain a final map without complying with this
section for a period of two years from the date of the tenative
map approval. Any time during which approval of the final map is
prohibited by Ordinance No. 9791, or any other growth management
ordinance shall be added to the two year period. Upon expiration
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of the tentative map, the standards of this ordinance shall apply
to the property.
(f) Projects with all discretionary approvals under the
provisions of a master plan and with a final map approved prior
to the effective date of this ordinance or approved pursuant to
Subsection (e), or for which a subdivision map is not required,
may obtain building permits without complying with this section
for a period of two years from the effective date of this
ordinance, Once building permits are obtained, construction must
be diligently pursued to completion or the provisions of this
section will apply. Upon expiration of the two year period or
the building permits , the standards of this ordinance shall apply
to the property.
SECTION 2: (a) Notwithstanding anything to the contrary
in any of the master plans identified in Section 1 of this
ordinance, residential density shall be determined based on the
number of dwelling units per developable acre of property.
Development within master plans shall be subject to the
provisions of Sections 21.44.230 and 21.44.240 of the Carlsbad
Municipal Code.
(b) The provisions of this section shall
apply to projects in the same manner and subject to the same
limitations as set forth in Section l(b) and (e) of this
ordinance.
SECTION 3: The City Council finds that application of
the density range and open space regulations as stated in this
ordinance are necessary for the following reasons:
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(a) Since January 1985, the City of Carlsbad has been
undertaking a comprehensive review of theLand Use Element of its General Plan. As part of that review a Council appointed
Citizens Committee prepared a comprehensive report and
recommendation to the City Council. That report was subject to
public hearings by both the Planning Commission and City Council. Included in the recommendations of the Land Use Committee, were recommendations concerning development on open space and slope areas.
(b) On August 6, 1985, the City Council adopted Interim
Ordinance No. 9766, imposing certain temporary land use controls on property within the city, consistent with the recommendation
of the Citizens Committee which reviewed the Land Use Element. On September 3, 1985, the City Council adopted Interim Ordinance
No. 9771 which extended the restrictions of Ordinance No. 9766
until July 20, 1986. On December 10, 1985, the City Council
approved in concept several land use proposals not contained in the Citizens Committee report. The Council finds that it is necessay to amend the Land Use Element of the General Plan and appropriate sections of Title 21 of the Carlsbad Municipal Code to impelement the Open Space policies previously approved by the
Council.
(c) This action of the City Council is consistent with
long standing policies and objectives of the City to protect significant open space areas within Carlsbad to enhance the
environment of the City by protecting those significant open
space areas and to improve the quality of life within the City b]
ensuring that a sufficient balance between open space and developed areas continues to exist within the City. This action will protect the public health, safety and welfare of the citizens of Carlsbad by preserving significant environmental
features and by preserving natural and manmade open space buffers between and within urbanized areas of the City. Further, protection of open space areas will ensure both passive and active recreational opportunities for the citizens of Carlsbad.
This action will also protect the rights of property owners by clearly delineating those properties which are not developable,
allowing the property owner a better opportunity to assess the
development potential of their property. This action will also result in more accurate density calculations since nondevelopable
open space areas may not be included in density calculations.
(d) This action is consistent with the City's policy to
provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the City even though the absolute number
of housing units which may ultimately be constructed will be reduced. Reduction of residential densities and protection of open space will ensure the quality of life and the environment within the City of Carlsbad. In addition, development of housing for low and moderate income persons and families would most likely occur in areas of the City already designated for higher density residential development. These areas will be affected by
this action only to a limited extent.
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(e) The Council determines that there is no reason to
treat undeveloped areas of existing master plan communities any
differently than undeveloped areas within the remainder of the
City. All of the existing master plans acknowledge that the City
has the right and the obligation to amend the Master Plan to
address change circumstances within the community. Application
of the density range and open space regulations as stated in this
action are necessary to protect the public health, safety and
welfare by assuring that public facilities which have been
required for Master Plan areas, will be sufficient to serve
residents in the master plan area and the surrounding community
and by ensuring that the quality of life and of the environment in the Master Plan area and the surrounding community will be
protected. This action will not affect areas of the Master Plan
for whch development rights have already vested. the Master Plans affected by this action specifically recognize that
development of one portion of the Master Plan does not vest
development rights to the remainder of the Master Plan. The City Council has been presented with no evidence that this action will
unconstitutionally deny any master plan developer of any property
right.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion .
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 27th day of May I
19 86, and thereafter ...
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 3rd day of June , 1986, by the
Dllowing vote, to wit:
AYES:
NOES:
ABSENT: None
Council Members Lewis, Kulchin and Pettine
Council Members Casler and Chick
+dL
MARY H CASLER, Mayor
1TTEST:
b?.
ALETHA L.. RAUTENKRANZ
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