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HomeMy WebLinkAbout2005-05-10; City Council; NS-753; Amendment to Residential Density Calculation Provisions...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 ORDINANCE NO. NS-753 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE MUNICIPAL CODE BY AMENDING THE RESIDENTIAL DENSITY CALCULATION PROVISIONS IN THE ZONING ORDINANCE, AND BY AMENDING “TABLE A PERMITTED CODE FOR CONSISTENCY. CASE NAME: RESIDENTIAL DENSITY CLARIFICATION USES” IN CHAPTER 21.08 (R-A ZONE) OF THE MUNICIPAL CASE NO.: GPA 04-21/ZCA 04-1 1/LCPA 04-1 9 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1 : That Section 21.08.020 of the Carlsbad Municipal Code is amended by deleting “Agricultural labor housing” from TABLE A PERMITTED USES. SECTION 2: That Section 21.53.120(e) of the Carlsbad Municipal Code is deleted. SECTION 3: That Section 21.53.230(d) of the Carlsbad Municipal Code is amended to read as follows: (d) No more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density. Residential development on slopes with an inclination of twenty-five to forty percent, inclusive, shall be designed to 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 and Chapters 21.38 and 21.203 of the municipal code shall apply. SECTION 4: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Section 21.53.230(e) to read as follows: (e) The potential unit yield for a property, based on the minimum, growth management control point (GMCP), or maximum density of the applicable General Plan land use designation, shall be subject to the following: Equation used to determine unit yield: developable lot area (in acres) x density = unit yield. (A) “Density” used in this calculation is the minimum, GMCP, or maximum density of the applicable General Plan land use designation; (B) The resulting unit yield shall be subject to Table A, below. For purposes of this section: (A) “Rounded-up” means rounding the fractional unit yield up to the next whole unit; and (B) “Rounded-down” means rounding the fractional unit yield down to the previous whole unit, but not less than 1 unit. The information contained in Table A, below, shall not preclude the City from approving residential densities above the GMCP or maximum density of the applicable land use designation, subject to adopted City policies and regulations. (1) (2) (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 Unit Yield Includes a Density Used for Calculation Provisions for Unit Yield Rounding MINIMUM fractional unit of .5 or greater fractional unit below .5 fractional unit of .5 or greater fractional unit below .5 fractional unit GMCP SHALL be rounded-up.’ MAY be rounded-down.2 MAY be r~unded-up.~ SHALL be rounded-down. SHALL be rounded-down. ____~~~ MAXIMUM I Inlnee tha nmind Anncitlr ic allnrrtnA hnlnw thn minimiim nf thn dnncitv rannn niirciiant tn thn VI IICOO LI IG pl VJUVL UUI IGIIJ la CIIIVWIVU UbIVIv .I mu I I 111 111 I 1-8 I I VI LI IV UVI 8~8.~ I UI nyv, rum YUUU I. sv .I IV General Plan. Unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the General Plan. Subject to a fractional unit allocation from the “excess dwelling unit bank”, and provided the maximum density of the applicable land use designation is not exceeded. SECTION 5: That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 5847 constitute the findings of the City Council. EFFECTIVE DATE: This ordinance shall become effective thirty (30) 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not become effective within the City’s Coastal Zone until LCPA 04-19 is approved by the California Coastal Commission.) Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -2- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 It li 1E 15 2( 21 2; 2: 21 2: 2( 2’ 21 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of April , 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the loth day of May . 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY .$*//-or. CLAUDE A. LEWIS, Mayor MATT HALL, Mayor Pro-Tern ATTEST: (SEAL) -3-