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HomeMy WebLinkAbout2012-02-14; City Council; CS-171; H E PROGRAM 2.1 MINIMUM DENSITIES...EXHIBIT 1 1 ORDINANCE NO. CS-171 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE 3 AMENDMENT TO AMEND CHAPTER 21.53 OF THE ZONING ORDINANCE TO IMPLEMENT A PORTION OF HOUSING 4 ELEMENT PROGRAM 2,1 OF THE ADOPTED 2005-2010 HOUSING ELEMENT (GPA 03-02) AND THEREBY 5 ESTABLISHING A NEW MINIMUM DENSITY IN THE RESIDENTIAL MEDIUM-HIGH DENSITY (RMH) AND 6 RESIDENTIAL HIGH DENSITY (RH) LAND USE DESIGNATIONS. 7 CASE NAME: H.E. PROGRAM 2.1 - MINIMUM DENSITIES CASE NO.: ZCA 10-04 1 25 26 27 28 The City Council ofthe City of Carisbad, California, does ordain as follows: SECTION 1: That sub-section 21.53.230(e) (Uses Generally, Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) is amended to read as follows: 9 10 11 12 .. (e) The potential unit yield for a property, based on the minimum, growth 13 management control point (GMCP), Regional Housing Needs Assessment (RHNA) Base, or maximum density of the applicable general plan land use designation, shall be subject to the 14 following: 15 (-)) Equation used to determine unit yield: developable lot area (in acres) x density = unit yield. 16 ^ (A) "Density" used in this calculation is the minimum, GMCP, RHNA Base, or ^'^ maximum density of the applicable general plan land use designation; (B) The resulting unit yield shall be subject to Table A, below. ' ^ (2) For purposes of this section: 20 (/i^j "Rounded-up" means rounding the fractional unit yield up to the next whole unit; 21 (B) "Rounded-down" means rounding the fractional unit yield down to the previous whole unit, but not less than one unit. 23 The information contained in Table A, below, shall not preclude the city from approving residential densities above the GMCP, RHNA Base, or maximum density of the applicable land use designation, subject to adopted city policies and regulations. /// /// /// 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 TABLE A UNIT YIELD ROUNDING Density Used for Calculation Unit Yield Includes a Provisions for Unit Yield Rounding MINIMUM fractional unit of .5 or greater SHALL be rounded-up. ^ MINIMUM fractional unit below .5 MAY be rounded-down. ^ GMCP fractional unit of ,5 or greater MAY be rounded-up. ^ GMCP fractional unit below .5 SHALL be rounded-down. RHNA Base" fractional unit of .5 or greater SHALL be rounded-up. ^'^ RHNA Base" fractional unit below .5 SHALL be rounded-down. ^ MAXIMUM fractional unit SHALL be rounded-down. Notes: 1) Unless the project density is allowed below the minimum of the density range, pursuant to the General Plan. 2) Unit yields rounded-down pursuant to this provision that result in a density below either the minimum density or the RHNA Base density of the applicable land use designation shall be considered consistent with the General Plan. See footnote 4 forthe limitations on applying the RHNA Base density. 3) Subject to a fractional and/or whole unit allocation from the "excess dwelling unit bank" and provided the maximum density of the applicable land use designation is not exceeded. 4) The RHNA Base section in Table A does not apply to RH General Plan land use designations in the Beach Area Overiay Zone. In the Beach Area Overiay Zone, the minimum and GMCP densities shall apply. 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 a publication of general circulation in the City of Carisbad within fifteen days after its adoption. {Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 24'^ day of January, 2012, and thereafter. /// /// /// /// -2- 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the 14*^^ day of February 2012, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackbum, Douglas, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY R. BALL, City Attorney MATT IflALL, Mayor ATTEST: j/tp^RAI (SEAL) M. wooavcaty-oi^ri^ -3- CERTIFICATION OF POSTING AND PUBLCATION OF ORDINANCE NO. CS-171 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS-171 is to be considered at the City Council Meeting to be held on the 14th day of February, 2012. 2.) That a certified copy of the full text of Ordinance No. CS-171 was posted in the City Clerk's Office on the 3rd day of February, 2012. 3.) That a summary of the Ordinance was published in the Coast News, on the 3rd day of February, 2012. Donna K. Heraty, Depu1 ity Clerk Dated: _c2y (Seal) D(ated: 2-17-12 FREISING7eputy Clerk Certification of Posting and Publication of Ordinance No. CS-171 Page 2 4.) That Ordinance No. CS-171 was adopted on the 14th day of February 2012. 5.) That a certified copy of the full text of Ordinance No.CS-171, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 17th day of February 2012. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News on the 24th day of February 2012. (Seal)