HomeMy WebLinkAbout1987-04-14; City Council; 9829; CMC 21.90 amend - Prop E provisions conformanceORDINANCE NO. 9829
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
21.90 OF THE CARLSBAD MUNICIPAL, CODE TO CONFORM
WITH THE PROVISIONS OF PROPOSITION E APPROVED BY THE CITIZENS OF CARLSBAD ON NOVEMBER 4, 1986.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.90 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.90.010(a) (3) to read as follows:
"(3) To implement the provisions of Proposition E
adopted by the citizens of Carlsbad on November 4, 1986, to require that public facilities and improvements meeting City standards are available concurrently with the need created by ne1
developments and to limit the number of residential dwelling units which can be approved or constructed in the City."
SECTION 2: That Title 21, Chapter 21.90 of the Carlsbac
Municipal Code is amended by the addition of Section 21.90.045
to read as follows:
"21.90.045 Growth Management Residential Control Point
Established. In order to ensure that residential development
does not exceed those limits established in the General Plan,
the following growth management control points are established
for the residential density ranges of the Land Use Element.
ALLOWED DWELLING UNITS PER ACRE
General Plan
Density Ranges
RL 0 - 1.5
RLM 0 - 4.0
RM 4.0 - 8.0
RMH 8.0 - 15.0
RH 15.0 - 23.0
Growth Management
Control Point
1.0
3.2
6.0
11.5
19.0
No residential development permit shall be approved
which density exceeds the growth management control point for
the applicable density range unless the following findings are
made : 1. The project will provide sufficient additional
public facilities for the density in excess of the control point
to ensure that the adequacy of the City's public facilities
plans will not be adversely impacted; and
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2. There have been sufficient developments approved in
the quadrant at densities below the control point to cover the
units in the project above the control point so that approval
will not result in exceeding the quadrant limit; and
3. All necessary public facilities required by this
chapter will be constructed or are guaranteed to be constructed
concurrently with the need for them created by this development
and in compliance with the adopted City standards.
For the purposes of this paragraph the term "quadrant"
means those quadrants established by the intersections of El
Camino Real and Palomar Airport Road as set forth in the map
amending the General Plan and as required by Proposition E
adopted November 4, 1986.
SECTION 3: That Title 21, Chapter 21.90 of the
Carlsbad Municipal Code is amended by the deletion of Section
21.90.180.
SECTION 4: That Title 21, Chapter 21.90 of the
Carlsbad Municipal Code is amended by the addition of new
Section 21.90.180 to read as follows:
"21.90.180 Public-facility reductions. Notwithstandin!
any previous sections of this chapter, the City Council shall no1
materially reduce or delete any pbblic facilities or improvement!
without making a corresponding reduction in residential density
unless such a reduction or deletion of public facilities is
ratified by a vote of the citizens of Carlsbad."
SECTION 5: That Title 21, Chapter 21.90 of the Carlsbac
Municipal Code is amended by the addition of Section 21.90.185
to read as follows:
"21.90.185 Residential dwelling unit caps.
Notwithstanding any previous sections of this chapter, the
number of residential dwellings to be approved or constructed
after November 4, 1986, shall not exceed the following:
Northwest quadrant 5,844; Northeast quadrant 6,166; Southwest quadrant 10,667; Southeast quadrant 10,801, without an
affirmative vote of the citizens of Carlsbad."
SECTION 6: The City Council makes the following
findings:
1. On November 4, 1986, the citizens of Carlsbad
approved the passage of Proposition E, which establishes the
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maximum number of residential dwelling units to be approved or
constructed in each of the four quadrants, as defined in Section
21.90.045, after November 4, 1986 as follows: Northwest quadrant
5,844; Northeast quadrant 6,166; Southwest quadrant 10,667;
Southeast quadrant 10,801.
2. This ordinance is consistent with the City's policy
to provide housing opportunities for all economic sectors of the
community because sufficient opportunities for new housing exist
within the City and Chapter 21.90 complies with Proposition E anc
is consistent with the General Plan and zoning of the City. In
addition, development of housing for low and moderate income
persons and families would most likely occur in areas of the Cit:
which are designated for the highest development priority. By
encouraging development of inf ill areas first, where the
infrastructure is already existing, the cost of housing may be
reduced.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the 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 on the 7th day of April 1987
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 14th day of April , 1987 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
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Page 3 of Ordinance No. 9P29
APPROVED AS TO FORM AND LEGALITY
ATTEST:
Page 4 of Ordinance No. 9p2 9