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Home My WebLink About1992-07-21; City Council; NS-207; CMC 21.04/.53 amends - Affordable housing projects standards...1 2 3 4 a 0 ORDINANCE NO. NS-207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 21.53 AND 21.04 OF THE CARLSBAD MUNICIPAL CODE TO ALLOW THE CONSIDERATION OF STANDARDS FOR AFFORDABLE HOUSING PROJECTS. 5 6 SECTION 1 : That Title 21, Chapter 21.04 of 1 Carlsbad Municipal Code is amended by the addition of Sect: 7 I/ 21.04.021 to read as follows: 8 9 10 11 12 8121.04.021. Affordable Housinq. IIAffordable Housingt1 means housing for which t allowable housing expenses for a for-sale or rental dwelling ur paid by a household would not exceed 30 percent of the grc monthly income for target income levels, adjusted for househc size. It ~ SECTION 2 : That Title 21, Chapter 21.04 of 1 13 14 Carlsbad Municipal Code is amended by the addition of Sect: 21.04.186 to read as follows: 15 1f21.04.186. Household - Low-Income. "Low-Income Householdr1 means those households whc gross income is at least 50 percent but less than 80 percent l6 17 the median income for San Diego County as determined annually 18 the U.S. Department of Housing and Urban Development." 19 SECTION 3 : That Title 21, Chapter 21.04 of 1 Carlsbad Municipal Code is amended by the addition of Sect: 20 /I 21.04.187 to read as fonows: 21 I 1121.04.187. Household - Moderate Income. "Moderate-Income Household" means those househo: whose gross income is at least 80 percent but less than : 22 percent of the median income for San Diego County as determir Development. It 23 annually by the U.S. Department of Housing and Url 24 SECTION 4: That Title 21, Chapter 21.04 of 1 25 Carlsbad Municipal Code is amended by the addition of Sect: 26 21.04.188. 27 8121.04.188. Household - Verv Low-Income. Itvery Low-Income HouseholdIt means a household earn: 28 a gross income equal to 50 percent or less of the median incc 0 0 for San Diego County as determined annually by the U 1 Department of Housing and Urban Development.11 2 I/ SECTION 5: That Title 21, Chapter 21.04 of ' 3 21.04.189 to read as follows: 4 Carlsbad Municipal Code is amended by the addition of Sect 5 6 7 Urban Development and adjusted for family size.Il 1121.04.189. Income Level - Tarset. "Target Income Level" means the income standards very low, low and moderate income levels within San Diego Cou: as determined annually by the U. S. Department of Housing l 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ ~ ~ i ~ SECTION 6 : That Title 21, Chapter 21.53 of ' Carlsbad Municipal Code is amended by the amendment to Sect 21.53.120 to read as follows: "21.53.120. Affordable housins multi-fam residential proiects - site development plan remired. (a) Notwithstanding anything to the contrary in tl code, no building permit or other entitlement shall be issued : any multi-family residential development having more than fc dwelling units or an affordable housing project of any s. unless a site development plan has been approved for the projec The site development plan shall be processed pursuant to Chap1 21.06 (Q-Overlay Zone) of this code. A site development plan for a multi-family resident: project (not affordable) shall not be required for any projc processed pursuant to Chapter 21.45 of this code. (b) Multi-family residential and affordable housinc Determination. The Planning Commission shall have the authority approve, conditionally approve or deny site development plans : a multi-family residential project or affordable housing projec with fifty dwelling units or less. The Planning Commissiol decision may be appealed to the City Council as provided Chapter 21.06. For projects with more than fifty units, 1 Planning Commission shall hold a public hearing and make a rep( and recommendation to the City Council. The City Council, afl public hearing noticed as provided in Section 21.54.060(1) this code, shall approve, conditionally approve or deny the s: development plan. (c) Development Standards. The development (both for multi-family residential i affordable housing) shall be subject to the development standa~ of the zone in which the development is located and/or i applicable Specific or Master Plan except for affordable hous: projects as expressly modified by the site development plan. : site development plan for Affordable Housing Projects may al: less restrictive development standards than specified in 1 underlying zone or elsewhere provided that the project is conformity with the General Plan and adopted policies and go: I/ 2 ll 0 a II 1 2 3 1 of the City, and it would have no detrimental effect on pub1 health, safety and welfare. In addition, the Planning Commissi or the City Council in approving a site development plan m impose special conditions or requirements which are mo restrictive than the development standards in the underlying zo or elsewhere that include provisions for, but are not limited t 1 the following: 4 (1) Density of use; 5 (2) Compatibility with surrounding properties and la 6 (3) Parking standards; (4) Setbacks, yards, active and passive open spa 7 required as part of the entitlement process, and on-si 8 9 10 11 l2 ensure conformity with the General Plan and other adopt 13 policies, goals or objectives of the City. (d) In addition the Planning Commission or City Counc may require that the developer provide public improvements eith l4 on or off the subject site as are needed to serve the propos development or to mitigate public facilities needs or impac l5 created by the project. (e) No more than fifty percent of the portion of a si l6 containing twenty-five to forty percent slopes may be utiliz for calculating allowable residential density. Residenti I' development on slopes with an inclination of twenty-five to for percent inclusive shall be designed to minimize the amount l8 grading necessary to accommodate the project. For projec within the coastal zone, the grading provisions of the Carlsk I' Local Coastal Program shall apply.I1 uses; recreational facilities; (5) Height and bulk of buildings: (6) Fences and walls: (7) Signs; (8) Additional landscaping; (9) Grading, slopes and drainage; (10) Time period within which the project or any phas (11) Points of ingress and egress; (12) Such other conditions as deemed necessary of the project shall be completed; 20 SECTION 7: That Title 21, Chapter 21.04, Secti 21 21.04.210 of the Carlsbad Municipal Code is amended to read 22 jl follows: 23 24 25 26 27 28 1121.04.210 Lot. rtLotlt means a parcel of record legally created subdivision map, adjustment plat, certificate of compliance, a parcel legally in existence prior to incorporation of the 1 into the jurisdiction of the City. Any parcel created prior May 1, 1956, shall be presumed to be lawfully created if t parcel resulted from a division of land in which fewer than fj parcels were created. A lot shall have frontage that allc usable access on a dedicated public street or a public dedicat easement accepted by the City. This street or easement shz 3 /I e 0 have a minimum width of thirty feet. Special lot and strt 1 configurations for Affordable Housing projects may be allo? 2 subject to the provisions of Section 21.53.120 of this code.'' 3 SECTION 8: That Title 21, Chapter 21.06, Sect 4 21.06.090 of the Carlsbad Municipal Code is amended to read 5 follows: 7 applicable specific plans, except for Affordable Housing Projec development standards required in the underlying zone and i 6 Property in the Q zone shall be subject to 1 "21.06.090 Development standards. the following: 13 or elsewhere that include provisions for, but are not limited t l2 restrictive than the development standards in the underlying zc impose special conditions or requirements which are mc I' or the City Council in approving a site development plan x health, safety and welfare. In addition, the Planning Commissj lo of the City, and it would have no detrimental effect on pub: conformity with the General Plan and adopted policies and go; 9 underlying zone or elsewhere provided that the project is restrictive development standards than specified in 1 8 development plan for Affordable Housing Projects may allow 1( as expressly modified by the site development plan. The s: 14 15 16 17 18 19 20 I 21 i 22 23 ( 1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Special setbacks, yards active or passive 01 space: required as part of the entitlemc process ; Special height and bulk of building regulation Fences and walls; Regulation of signs; Additional landscaping: Special grading restrictions Requiring street dedication and improvements ( posting of bonds) : Requiring public improvements either on or off t subject site that are needed to service t proposed development: Time period within which the project or any phas of the project shall be completed; Regulation of point of ingress and egress: Such other conditions as deemed necessary insure conformity with the General Plan and 0th adopted policies, goals or objectives of the Cit However, it is not intended that the review of the Si 24 I/ Development Plan shall include aesthetic aspects such as: 25 26 27 (1) Color: (2) Texture; (3) Materials; (4) Adornments. I' 2811 . 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o I 0 * EFFECTIVE DATE: This ordinance shall be effecti thirty days after its adoption, and the City Clerk shall certi to the adoption of this ordinance and cause it to be published least once in the Carlsbad Journal within fifteen days after i adoption. INTRODUCED AND FIRST READ at a regular meeting of t Carlsbad City Council on the 14th day of JULY 1992, and thereafter PASSED AND ADOPTED at a regular meeting of the Ci Council of the City of Carlsbad on the 21st day of JULY 1992, by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Nygaard NOES : None ABSENT: Council Members Larson, Stanton APPROVED AS TO FORM AND LEGALITY n /"=e. L RONALD R. BALL, Actins City AttorneK / /.> - 7.22*7&,& 2 // J/\.-. ///? ///- / /$? p ,/ I/ ;, / /'hi %$$f !y /? i 2, , ,L !\ !.;$42/,/< i. LEWIS-, Mayor CLZUDE 'A. 21 22 ATTEST: 23 24 25 26 27 28 & $e- R- .- , ALETHA L. RAUTENKRANZ, City Cl$rk ~ 5