HomeMy WebLinkAbout1986-06-03; City Council; 9795; CMC 21.53.230/.240 add - Open space areas development restrictionI. - : .
3
2
2
4
E
E
'i
E
s
1c
11
12 n
5 18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 9795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER 21.53
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTIONS 21.53.230 AND 21.53.240 TO RESTRICT DEVELOPMENT
ON CERTAIN OPEN SPACE AREAS IDENTIFIED IN THE GENERAL
PLAN AND TO EXCLUDE CONSIDERATION OF OPEN SPACE LAND
FROM DENSITY CALCULATIONS.
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.53 of the Carlsbad
Municipal Code is amended by the addition of Section 21.53.230 to
read as follows:
21.53.230 Residential Density Calculations, Residential
(a) For the purposes of Title 20 and Title 21 of this
(b) The following lands are considered to be
Development Restrictions on Open Space and Environmentally
Sensitive Lands.
code, residential density shall be determined based on the number of dwelling units per developable acre of property.
undevelopable and shall be excluded from density calculations: (1) beaches (2) permanent bodies of water (3) floodways
(4) slopes with an inclination of greater than 40%
(5) significant wetlands
(6) significant riparian or woodland habitats (7) land subject to major power transmission
(8) land upon which other significant
(9) railroad track beds
or more
easements
environmental features as determined by the environmental review
process for a project are located
(c) No residential development shall occur on any
property listed in Subsection (b). Subject to the provisions of Chapter 21.31 and 21.33, the City Council may permit limited
development of such property if, when considering the property as a whole the prohibition against development would constitute an unconstitutional deprivation of property. The
Planning Commission or City Council, whichever the final
discretionary body for a residential development may permit accessory facilities, including but not limited to, recreational facilities, view areas, and vehicular parking areas, to be
located in floodplains (subject to Chapter 21.31) and on land
subject to major power transmission easements.
inclination of 25 to 40 percent inclusive shall be designed to
(d) Residential development on slopes with an
.. 4. .'L 0
minimize the amount of grading necessary to accommodate the
project. For projects within the coastal zone, the grading provisions of the Carlsbad Local Coastal program shall apply.
approvals under the provisions of Title's 20 and 21 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 tentative 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 of the tentative map, the standards
of this ordinance shall apply to the property.
the provisions of Title's 20 and 21 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.
(e) Projects which have received all discretionary
(f) Projects with all discretionary approvals under
SECTION 2: That Title 21, Chapter 21.53 of the Carlsbad
Municipal Code is amended by the addition of Section 21.53.240 to
read as follows:
21.53.240 Non-residential development restrictions on
Non-residential develoDment shall be desianed to avoid Open Space and Environmentally Sensitive Lands.
development on lands identified- in Section 21.53.230.
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
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 27th day of May I
1986, and thereafter
1
2
3
4
5
6
7
e
9
1c
11
12
t 0 1E
1:
2(
2:
2:
2;
2L
2!
2t
2'
21
PASSED AND ADOPTED at a regular meeting of said City
"unci1 held on the 3rd day of June , 1986, by the
following vote, to wit:
AYES :
NOES :
Council Members Lewis, Kulchin and Pettine
Council Members Casler and Chick
ABSENT: None
ASLER, Mayor
ATTEST :
LL527L 4.6- ALETHA L. RAUTENKRANZ, City C#rk
- 3-