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HomeMy WebLinkAbout1970-04-01; City Council; 100; Public Hearing: Amendment to Ord.#9060THE CITY OF CARLSBAD, CALIF' ORNIA i» Agenda Bill No. /<?£> Date: APRI L 1 , 1970 -'Referred To: PLANNING DEPT. AND PLANNING COMMISSION Subject: Public Hearing: Recommendation of Submitted By.- Amendment to Ord. #9060 to create a Residential- PLANNING COMMISSION Density-Multiple Zone (RD-M) Statement of the Matter Due to the imbalance of growth throughout Carlsbad, it is necessary to stimulate more building activity in those dormant areas. The Beach Area as illustrated in the Hous ing Element (Pages 15 and 22, attached exhibits) has been inhibited to growth, due primarily to lot size and configurations that do not permit conformance to existing zoning, such as R~3- The RD-M zone is structured to allow these "substandard" lots to develop with a reasonable amount of flexibility and with adequate quality control. This flexibility (setbacks, etc.) is necessary due to the increased parking requirements. 4-7-79: Resolution #1705 adopted; First reading given Ord. #9251 Agenda Bill #100 adopted. Exhibit No. 1 No. 2 No. 3 No. 4 No. 5 No. 6 Staff - Page 15 of the Housincj Element of the General Plan - Page 22 " " " " " " " " - Memorandum from City Manager dated 2/25/70 - Planning Commission Resolution No. 656 of 2/10/70 - Council Res. #1705 to create an RD-M Zone. - Ord. #9251 amending #9060 to create an RD-M Zone. Recommendations It is the recommendation of the Planning Department and Planning Commission that subject amendment be approved, as set forth in referenced Resolution No. 656 from the Commission. AB No. to-^J Date: APR I L 1 , 1970 City Manager's Recommendation SEE EXHIBIT NO. 3 - Memo dated 2/25/70 from City Manager to council Council Action 4-7-70 Resolution #1705 adopted; First reading given Ord. #9251 Agenda Bill #100 adopted. 4-21-70 Second reading given Ord. #9251. Adopted. -2- XHI BIT 1 - 15 POP. POPULATION INCREASE 65 - 6O - 55 - 5O - 45 - 4o - 35 -co J0 1 QUltr 30 -oz x ™X £.J 20 i n — 5 - - - - - - - - - - _ - - - >./' jhsr-11" -'/' "23-$°^ — ""* -•"""" • ^*' Vs' ^F^4TRAL 2.7 _/2 BEACH .( °/o YEAR I960 f964 1969 Figure E BIT 2 - 22 NO OF HOUSING UNIT TRENDS HOUSING UNITS 20OO 1800 1600 WOO I2OO 1000 8OO 600 400 200 ----- X•// .'' '/f iI1II 1 '/ S I/ j 1 1' /// ''/ / ' YEAR 1939 1949 1959 1969 Figure \Q EXHIBM 3 - MEMORANDUM February 25, 1970 TO: FROM: Carlsbad City Council Acting City Manager SUBJECT: Reference: Planning Commission public hearing held 2/24/70 Recommendation of Amendment to Ordinance No.9060 To create a Residential Density-Multiple Zone As a result of public hearing held last evening, the attached Resolution No. 656 represents the final recommendation for creation of a Residential Density-Multiple Zone to City Ordinance No. 9060. This is a result of several work sessions in considering the original draft, prior to the resolution of intention and subsequent public hearing. W. r Acting Cit age WFP:nl cc: Planning Dept RISplUTION HO. 17jq§ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AttJiOUMCINi 3 FINDINGS ASCI DECISION RELATING TO THE PROPOSED AMENDMENT TO ORDINANCE NO. 9060, BY AOQIRt? THERETO SECTIONS 970 THROUSH 983 TO CREATE AH R0-H { RESIDENTIAL DENSITY - MULTIPLE) 7 WHEREAS, on the 10th dat of February, 1970, the Carlsbad City 8 Planning Commission adopted Resolution No. 656, which Is herewith 9 referred to and made a part hereof; and 10 WHEREAS, the Carlsbad City Council has published notice that a 11 hearing would be held on March 17, 1970, at 7:30 o'clock P.M.» at 12 which hearing the proposed amendment would be considered; and 13 WHEREAS, the City Council has received all recommendations and 14 heard all persons interested in or opposed to the proposed awendwen 15 HOW, THEREFORE, the City Council of the City of Carlsbad does 16 hereby find, and adopt as the findings of the City Council the recommendations of the Planning Commission as set forth in the 18 abov© referenced resolution of the Planning Commission. IT IS HEREBY CERTIFIED by the City Council that the approval 20 of the proposed amendment 1s necessary to carry out the general 21 purpose of Ordinance Ho, 9060 as amended. 22 IT IS HEREBY DECLARED by the City Council of the City of Carls- 23 bad that said City Council intends to adopt an ordinance to 24 ; effectuate the proposed amendment, 25 | IT IS HEREBY QRDEREB that th« City Attorney is instructed to 26 prepare an ordinance amending Ordinance Ho* 9060 to effectuate 27 the amendment, 28 XX XX 30 xx 31 ! XX 32 xx .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 29 30 31 32 PASSED, APPROVED AHD ADOPTED at a regular wetting of the City Council held on tht 17th day of March, 1970, by the following vote, to wit: AYES: Mayor Dunne, Coundlmen Nelswender, McComas, Jardlne and CastroHOES: None ABSENT:None 0. M. DUNHE, MayW of the City of Carlsbad, CaHfornlk ATTEST: 1 ORDINANCE HO^. 9251 2 AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE HO. 9060 BY ADDING SECTIONS 970 3 THROUGH 984 TO CREATE AN RD-M {RESIDENTIAL DENSITY -MULTI PU|. ZON_E.. 4 The City Council of the City of Carlsbad does ordain as 5 follows; 6 SECTIOri I. QRDl.HAHCE. NO. 9060 IS HEREBY AM|NO£D BY ADDIH6 7 SECTIONS 970 THROUGH 984 HHICH SECTIONS SHAIL. READ AS FOLLOMS:_ Q\Section 970: RD-M Residential Penalty-HuVtlpie Zone; This 9 Zone 1s created to provide means of development utilizing the 10 densities In the Los-Med1um density through the High density areas11!| delineated 1n the City of Carlsbad General Plan. The following uses 12 only shall be permlted In the RO-M {Residential Density-Multiple) 13 Zone, unless as may be otherwise provided for In this ordinance: 14 i A. Single Dwellings 15 B. Two-Family Dwellings C. Multiple Dwellings 16 D. Acessory Buildings, but not to Include guest houses of accessory living quarters. 17 Section 971: Specific Plati: The following uses shall be 181 perml tied only u~pon ap]?rovaT~bT~a Specific Plan: 19 A. Hotels or Hotils B. Rest Homes 20 c. Public and Private Commercial Parking Lots and ParUng Structures. 211 o. Child Care Nurseries, where 1s provided on the lot or adjacent to the premises, a single play lot not less than 22 six hundred (600) square ftet 1n area, plus an additional seventy-five {75} square feet of area for each child 1n 23! excess of nine (9). Such play lot shall not be located 1n any required front or side yard.24 Section Jj72: Building Height; Ho building shall exceed a height of thirty-five {38) feet, measured froro the top of a26 structure to the centerllne grade of the street upon which the27 structure fronts, unless a Specific Plan providing for a higher28i maximum height has been adopted. f~J v/ '• Section 973: Front Yard: There shall be a front yard of not less than twenty (20) feet 1n depth with exceptions as follows:oJL A. Fifteen (15) feet shall be permitted providing carport or32 1 2 3 4 5 6 7 8 A, Interior lots shall have a side yard on each side of the lot of not less than five (5) feet 1n width; 9 B. Corner lots and reversed corner lots shall have side yards as follows: 10 1) On the side lot line which adjoins another lot, the side 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 -2- garage openings do not face onto the front yard. Ten (10) feet shall be permitted providing carport or garage openings do not face onto the front yard and, that the re- maining front yard 1s landscaped with a combination of flower shrubs, trees, and Irrigated with a sprinkler system. Land- scape plans and Irrigation system plans shall be approved by the Planning Department prior to Issuance of a building perml for a proposed structure. Section 974: SideYard: Every lot shall have side yard as follows: yard shall be the same as that required on an Interior lot. 2) On any side of a lot which is adjacent to a street, the side yard shall be ten (10) feet, with exception that: a. The required 10-ft. side yard abutting a street may b reduced to five (5) feet, providing parking spaces do not open directly onto said street and, that said side yard 1s landscaped and maintained prescribed 1n Section 13.84, Item 8. C. A zero foot (0) side yard setback shall be permitted to one Interior side yard, provided: 1) That the owners of both lots common to the proposed zero sldeyard are in agreement with the concept: 2) That a Specific Plan 1s filed with the City of Carlsbad for approval, showing the proposed building locations, parking, and sideyard areas for both lots; 3) That the remaining sideyard shall be not less than twenty- five (25) percent of the total lot width measured at the front setback line. Section 975: Set Sacks-Subterranian Parking: Zero foot (0 ft setback for subterranian parking shall be permitted provided the required setbacks for the dwelling structure are landscaped anci main talned as prescribed in Section 13.84, Item B. Section 976: Rear Yard; There shall be a rear yard of not less than ten (10) feet 1n depth. Section 977: Yards, structures Over 35 Feet in Height: The above specified yard requirements apply only to those structures up to a height of thirty-five (35) feet. For any other structure which has had Its height increased by approval of a Specific Plan, the yards shall be increased at a ratio of one and one-half additional foot horizontally, for each eight (8) feet of vertical construction. 2 3 4 5 6 7 8 9 10 11 12 13 14 22 23 24 25 26 27 28 30 31 32 -3- Section 978; Rear Yard, Acessory Bull dings; Mo accessory building more than one (1) story In height and no accessory living quarters shall occupy any part of a required rear yard. Accessory buildings within a rear yard may be located to one side lot line and to the rear lot line, providing the distance from any property line adjacent to a street 1s not less than five (§) feet and further pro- vided, the distance between buildings used for human habitation and accessory buildings shall be not less than ten (10) feet. Section 979: Lot Area Requ 1 retaent; The minimum lot area shall not be less than specified below, except that the Joining of the two smaller lots shall be permitted although their total area does not equal the required lot area Densities Low-Medium Density 6,000 square feet Medium Density through High Density 10,000 square feet15 Section 980; Permissible Lot Coverage; All buildings, Includ-16 1ng accessory buildings and structures, shall cover no snore of the lot than permitted 1n the density areas specified as follows:18 19 20 n 01. w«v^.«.. *«.. Swelling Units Per Lot: The number of dwellings*-L i ~~ " r'L per lot shall be 1n conforraance with those densities specified 1n the A, Low-Medium Density Fifty (50) Percent B. Medium Density through High Density Sixty (60) Percent General Plan, excepting upon approval of a Specific Plan for a hotel or motel, the density factor may be multiplied by two (2). Section 932: Lot 'width; Every lot shall have a width of not less than sixty (60) feet at the rear line of the required front yard. Section 983: Park1ng Requ1rements; Parking requirements, per living unit, for the RO-M Zone shall be as follows: A. Efficiency Unit (Studio Apartments One Space a. One aedroow 1.25 Spaces C. Two Bedroom 1.50 Spaces 0. Three Sedrooms or More 2.00 Spaces Tandem parking within the front yard setback shall be permitted for those substandard frontage lots with a width of 45 feet or less, >rov1ded there is a minimum cf ona (1) parking space per dwelling m1t provldad for within the required setback lines and, that the 'ront yard building setback be no loss than twenty (20) feet. 8 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -4- Section 334:Prior to an occupancy ertalt being Issued by the 3u1ld1ng Department for .ay new units constructed In the RO-M Zone, 1t shall be necessary for the developer to upgrade or Install those public Improvements deerned necessary for »ubl1c convenience and necessity. Improvements as may be required y tha City Engineer shall be constructed to City standards and pedf Icatlons. In such case where there are not adjacent Iraprove- or official street grade has not be established, the City ngineer may recomaed to the City Council that a future street approvement agreement be entered Into. ACTION 2. EFFECTIVE DATE. This ordinance shall take effect and e 1n force on the thirty-first day from and after Its passage, SECT I Oft JK PUBLICATION. The City Clerk of the City of Carlsbad Is fiereby directed to cause this ordinance to be published once 1n the Carlsbad Journal, a newspaper published and of general clrcualtlon In said City of Carlsbad. First rea£ at a regular meeting of, the City Council of the City Cfois-fof Carlsbad held on the %7th <iay of-lw^Hi, 1970, and finally passed, approved and adopted at a regular meeting of said Council held on the^l/t^'day of April, 1970, by the following vote, to wit: AYES: Mayor Dunne, Coundlinen McComas, Nelswender, Jardlne and Castro. NOES: None ABSENT: None W. M. ITU City of Carlsbad ATTEST; MA CUy CIerk (SEAL* 8 10 PLANNING COMMISSION RESOLUTION NO. 656 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMEND- MENT TO ORDINANCE NO. 9060, CREATING AN RD-M (RESIDENTIAL DENSITY-MULTIPLE) ZONE _ The Planning Commission of the City of Carlsbad does hereby resolve as follows: UHtBEAS, the Planning Commission did on the 27th day of January, 1970, adopt Resolution of Intention No. 69 to amend Ordinance No. 9060, thereby creating an RD-M (Residential Density Multiple) Zone, by adding Article 13.80 to the ordinance. WHEREAS, said Planning Commission did on the 10th day of February, 1970, hold a duly advertized public hearing as prescribed by law, to consider an amendment to Ordinance No. 9060, by adding 11 j12 i: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 rticle 13.80, creating an RD-M (Residential Density-Multiple) Zone, o read as follows: RESIDENTIAL DENSITY-MULTIPLE ZONE.Section 1, Ordinance No. 9060 is ereby amended by adding Article 13.80, which article shall read as ollows: ection 13.81: RD-M (Residential Density-Multiple) Zone; This zone s created to provide means of development utilizing the densities ir he Low-Medium density through the High density areas delineated in he City of Carlsbad General Plan. The following uses only shall be erroitted in the RD-M (Residential Density-Multiple) Zone, unless as may be otherwise provided for in this ordinance: A. Single Dwellings B. Two-Family Dwellings C. Multiple Dwellings D. Accessory Buildings, but not to include guest houses or accessory living quarters. Section 13.82; Specific Plan: The following uses shall be permittee only upon, spprovaT of a: Spedif i'c-Ptan: A. Motels or Hotels B. Rest Homes C. Public and Private Commercial Parking Lots and Parking Structures. D. Child Care Nurseries, when there is provided on the lot or adjacent to the premises, a single play lot not less than six hundred (600) square feet in area, plus an additional seventy-five (75) square feet of area for each child in excess of nine (9). Such play lot shall not be located in any required front or side yard. XX 1 2 5 4 5 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28| 29J 30 31 32 -2- ection 13.83: Building Height: .No building shall exceed a height of thirty-five (35) feet, measured from the top of the structure to the ground line located at the centerline of said building. The centerline shall be established by bisecting the total distance, measured from the front to the rear, of said structure. No structur shall exceed said maximum height unless a Specific Plan providing !or a hiaher heiaht has been adopted. Section 13.84: Front Yard: There shall be a front yard of not less than twenty (20) feet in depth with exceptions as follows: A. Fifteen (15) feet shall be permitted providing carport or garage openings do not face onto the front yard; B. Ten (10) feet shall be permitted providing carport or garage openings do not face onto the front yard and, that the re- maining front yard is landscaped with a combination of flowers shrubs, trees, and irrigated with a sprinkler system. Land- scape plans and irrigation system plans shall be approved by the Planning Department prior to issuance of a building permit for a proposed structure. Section 13.85: Side Yard: Every lot shall have side yard as follows A. Interior lots shall have a side yard on each side of the lot of not less than five (5) feet in width; B. Corner lots and reversed corner lots shall have side yards as follows: 1) On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot. 2) On any side of a lot which is adjacent to a street, the side yard shall be ten (10) feet, with exception that: a. The required 10-ft. side yard abutting a street may be reduced to five (5) feet, providing parking spaces do not open directly onto said street and, that said side yard is landscaped and maintained prescribed in Section 13.84, Item B. C. A zero foot (0 ft.) side yard setback shall be permitted to one interior side yard, provided: 1) That the owners of both lots common to the proposed zero sideyard are in agreement with the concept; 2) That a Specific Man is filed with the City of Carlsbad for approval, showing the proposed building locations, parking, and sideyard areas for both lots; 3) That the remaining sideyard shall be not less than twenty- five (25) percent of the total lot width measured at the front setback line. ection 13.86: Set Backs-Subterraniajn Parking; Zero foot (0 ft.) setback for subterranian parking shall be permitted provided the required setbacks for the dwelling structure are landscaped and main tained as prescribed in Section 13.84, Item B. Section 13.87: Rear Yard: There shall be a rear yard of not less than ten (10) feet in depth. XX XX XX 1 2 3 4 5 6 7 8 9 10 11 12 13! 14 i 15j 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -3- Sectlon 13.88: Yards. Structures Over 35 Feet in Height: The above specified yard requirements apply only to those structures up to a height of thirty-five (35) feet. For any other structure which has had its height Increased by approval of a Specific Plan, the yards shall be increased at a ratio of one and one-half additional foot horizontally* for each eight (8) feet of vertical construction. Section 13.89: Rear Yard, Accessory Buildings: No accessory build- ing more than one (1) story in height and no accessory living quar- ters shall occupy any part of a required rear yard. Accessory build ings within a rear yard may be located to one side lot line and to the rear lot line, providing the distance from any property line adjacent to a street is not less than five (5) feet and further pro- vided, the distance between buildings used for human habitation and accessory buildings shall be not less than ten (10) feet. Section 13.90: Lot Area Requirement: The minimum lot area shall no »e less than specified below, except that the joining of two smaller lots shall be permitted although their total area does not equal the required lot area. Densities 6,000 square feet 10,000 square feet Section 13.91: Permissible Lot Coverage: All buildings, including {2Med;|uitefiinsfi$y;J!thr0ugt)r net acrt; Density accessory buildings and structures, shall cover no more of the lot than permitted in the deesity areas specified as follows: A. Low-Medium Density Fifty (50) Percent B. Medium Density through High Density Sixty (60) Percent Section 13.92: Dwelling Units Per Lot: The number of dwellings per lot shall be in conformance with those densities specified 1n the General Plan, excepting upon approval of a Specific Plan for a hotel or motel, the density factor may be multiplied by two (2). XX XX XX XX XX 5 6 7 8 9| 10 i 11! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -4- Sectlon 13.93: Lot Width; Every lot shall have a width of not less than s1xty)(60) feet at the rear line of the required front yard. Section 13.94: Parking Requirements; Parking requirements, per living unit, for the RD-M Zone shall be as follows: A. Efficiency Unit (Studio Apartments) One Space B. One Bedroom 1.25 Spaces C. Two Bedroom 1.50 Spaces D. Three Bedrooms or More 2.00 Spaces Tandem parking within the front yard setback shall be permitted for those substandard frontage lots with a width of 45 feet or less, provided there is a minimum of one (1) parking space per dwelling unit provided for within the required setback lines and, that the front yard building setback be no less than twenty (20) feet. Section 13.96; Improvements Required: Prior to an occupancy permit being issued by the Building Department for any new units construc- ted in the RD-M Zone, it shall be necessary for the developer to up- grade or install those public improvements deemed necessary for pub- lic convenience and necessity. Improvements as may be required by the City Engineer shall be constructed to City standards and specifications. In such case where there are not adjacent improve- ments or official street grade has not been established, the City Engineer may recommend to the City Council that a future street im- provement agreement be entered into." WHEREAS, at said public hearing the said Plannind Commission received the recommendations, objections, protests and comments of all individuals and parties who desired to be heard; WHEREAS, said Planning Commission did find the following facts and reasons to exist which make said amendment necessary to carry ou the provisions and general purpose of Ordinance No. 9060: . That the passage of this recommended amendment to Ordinance No.90 is required by public necessity, convenience, and general welfare 1, This zoning amendment will enhance the General PJan regarding Residential Density-Multiple zones; and This amendment is in conformance with the General Plan for the Ci -5- 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 S7 28 29 30 31 32 NOW, THEREFORE, BE IT RESOLVED that said Amendment to Ordinance No. 9060, by adding Article 13.80, is hereby recommended to be approved. AND FINALLY RESOLVED, that a copy of this resolution be forwarded to the City Council for its attention, in the manner pre- scribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 10th day of February, 1970, by the following vote, to wit: ABSTAINED: Commissioner Little. AYES: NOES: ABSENT: Commissioners Forman, Palmateer, Dewhurst, and Jose, None Commissioners Gullett and Hermsen ATTEST: it, JR., Chairman /L D. K. DEWHURST, Secretary