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HomeMy WebLinkAbout1981-10-06; City Council; 6760; Zone Code Amendment to modify density requirement.- 4~#- HTG. DEPT.PL CITW 3F CARLSBAD - AGENDA ALL TITLE: ZCA-138, CITY OF CARLSBAD - ZONE CODE AMENDMENT TO MODIFY DENSITY REQUIREMENTS IN THE R-3, R-3L, R-P, R-T AND R-W ZONES, ~ ~~~ ~~ ~ ~~ RECOMMENDED ACTION: DEPT. HD?L, CITY Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROVING ZCA-138, per Planning Commission Resolution No. 1866. ITEM EXPLANATION: This request is an amendment to the zoning ordinance to modify the density requirements in the above mentioned zones. Specifically, the Planning Commission recommends that 20 dwelling units per acre be allowed for all projects which do not require a discretionary permit and up to a maximum of 30 dwelling units per acre if certain criteria is met. A detailed description of the amendment and the actual wording is contained in the attached staff report. This amendment is a result of the City Council's mandate to bring the zoning ordinance into consistency with the General Plan. The Council, on April 14, 1981, directed staff to study the issue of Zoning/General Plan consistency and to adopt a program to implement same. Attached to the staff report is a memo outlining a three step program to implement the City Council's directive. If approved, this amendment would reduce the maximum allowable density for apartment projects. The precise reduction in each zone is detailed in the staff report. Density would be determined by the Planning Commission for all apartment projects requesting a density greater than 20 dwelling units per acre. this amendment would not preclude the allowance of density bonuses for low income housing projects. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated September 7, 1981, which was approved by the Planning Commission on September 23, 1981. A copy of the environmental documents is on file in the Planning Department. FISCAL-IMPACT: No direct fiscal impacts would result from this Zone Code Amendment. EXHIBITS : 1. PC Resolution No. 1866 w/Exhibit "A" (City Council Ordinance) , dated September 23, 198 1. 2. Staff Report, dated September 23, 1981 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1866 - --- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, SECTIONS 21.14.070 (R-3L), 21.16.070 (R-3), 21.18.050(2) (R-P), 21.20.100 (R-T), AND 21.22.080 (R-W) OF THE CARLSBAD MUNICIPAL CODE, TO MODIFY THE DENSITY REQUIREMENTS OF THE R-3L, R-3, R-P, R-T AND R-W ZONES. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-138 WHEREAS, the Planning Commission did, on the 23rd day of September, 1981, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA- 138, according to Exhibit "A", dated September 23, A98 1, attached hereto and made a part hereof, based on the following findings: Find ing s : 1) That the proposed amendment partially implements the City Council's direction to staff to bring the Zoning Ordinance and General Plan into conformance with each other. 2) That approval of this amendment will ensure that the determination of density for apartment projects in the R-3, R- 3L, R-P, R-T and R-W zones will be in compliance with the general plan. 3) That the project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director, dated August 7, 1981, and approved by the Planning Commission on September 9, 1981. ///I 1/11 d I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 23rd day of September, 1981, by the following vote, to wit: AYES : Chairman Jose, Commissioners Rombotis, Farrow, Schlehuber, and NOES : None. L'Heureux. ABSENT: Marcus. ABSTAIN: None. ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RES0 #1866 -2- 3 .J 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. 9606 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTIONS 21.14.070 (R-3L), 21.16.070 (R-3), 21.18.050(2) (R-P), 21.20.100 (R-T), AND 21.22.080 (R-W) OF THE CARLSBAD MUNICIPAL CODE TO MODIFY THE DENSITY REQUIREMENTS OF THE-R-3L,.R-3, R-P, R-T, AND R-W ZONES. . The City Council of the city of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapters 21.14, 21.16, 21.18, r 21.20, and 21.22 are amended by the amendment of Sections 21.14.070, 21.16.070, 21.18.050(2), 21.20.100 and 21.22.080 to read as follows: "Maximum-Allowable-Density. The maximum allowable density shall b e twenty units per acre. A density of up to thirty dwelling units per acre may be established by the Planning Commission or City Council, whichever is the final decision making body for a project requiring a discretionary permit or entitlement under this code, or the Planning Commission for all other projects, if said body finds that the density is consistent with the General Plan and the provisions of this code. Except when the City Council is the final decision making body for a project, a decision of the Planning Commission establishing density may be appealed to the City Council not later than ten days after the decision or not later than the time for appeal of the discretionary permit or entitlement for the project, whichever is later." 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 adopt ion. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 6th day of October , 198 and thereafter //// .. 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 meeting of said City Council held on the 26th day of October . I 1981 by the following vote, to wit: AYES : Council Phbers Packard, Casler, hear, Lewis and Kulchin NOES: None ABSENT: ME? ATTEST: GONALD C. 'PACKARD, Mayor I (SEAL) STAFF REPORT DATE : September 23, 1981 . ' TO : Planning Commission FROM: Planning Department SUBJECT: ZCA-138 CITY OF CARLSBAD - An amendment to the Zoning Ordinance to modify density requirements in the R-3, R-3L, R-P, R-T and R-W zones. I. PROJECT-DESCRIPTION AND BACKGROUND This amendment to the zoning ordinance would modify the density requirements in the R-3, R-3L, R-P, R-T and R-W zones. This amendment results from the City Council's mandate to,bring the zoning ordinance into consistency with the General Plan. The City Council, on April 14, 1981, directed staff to study the issue of Zoning/General Plan consistency and to adopt a program to implement same. Attached for your review is a memo to the Planning Director outlining a three (3) step program to make the two (2) planning documents consistent with each other. Step 1, which is before you tonight, would reduce the maximum permitted density of the R-3L, R-3, R-P, R-T, and R-W zones so that they are consistent with the density allowed by the General Plan. Step 2, is a potential General Plan Amendment to establish a new residential land use designation permitting 30 to 40 du/acre in limited cases. If such an amendment is approved, then Step 3 would be the creation of a new zone to implement the new land use designation. 11. ANALYSIS Presently, two (2) methods exist for determining density for residential projects in Carlsbad. The first method is the density ranges specified in the General Plan. These density ranges are established for all residentially designated property within the city and apply to all single family subdivisions, planned unit developments and condominium projects. The second method is the establishment of density based on a designated minimum lot area per dwelling unit established in the R-3, R-3L, R-P, R-T and R-W zones. This method only applies to apartment projects and allows a maximum density which is considerably higher than that presently allowed by the General Plan. The following table illustrates the allowable density for apartments in these zones: S . ZONE MIN. SQ. FT/UNIT ALLOWABLE DU's/AC R- 3 850 R- 3L 850 R- P 800 R- T **600-1000 R- W 800 51 -25 51.25 54.45 43.56-72.6 54.45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . 4 ** Depends on lot size. To alleviate the problems associated with the method for computing density for apartments in the R-3, R-3L, R-P, R-T and R-W zones, staff is recommending amendments to each of these zones. Specifically, staff is recommending that 20 dwelling units per acre be allowed for apartments and up to a-maximum of 30 dwelling units per acre if the criteria listed in the Land Use Element of the General Plan is met. This amendment would ensure that densities allowed for apartments would not exceed the maximum allowed by the General Plan. The actual wording would be as follows: "Maximum Allowable.Density. The maximum allowable density shall' b e twenty units per'acre. A density of up to thirty dwelling units per acre may be established by the Planning Commission or City Council, whichever is the final decision making body for a project requiring a discretionary permit or entitlement under this code, or the Planning Commission for all other projects, if said body finds that the density is consistent with the General Plan and the provisions of this code. Except when the City Council is the final decision making body for a project, a decision of the Planning Commission establishing density may be appealed to the City Council not later than ten days after the decision or not later than the time for appeal of the discretionary permit or entitlement for the project, whichever is later." Staff is presently developing more objective criteria to evaluate the density of projects. A draft proposal of this criteria was presented to the Planning Commission at your last workshop meeting. This criteria will be used to evaluate the merit of each project to determine the allowable density. 111. ENVIRONMENTAL REVIEW The Planning Department has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on September 7, 1981. - 2- -. . IV. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1866 recommending APPROVAL of ZCA-138 to the City Council based on the findings contained Eherein. ATTACHMENTS 1. Planning Commission Resolution No. 1866 2. Exhibit "A", dated September 9, 1981 3. Memo to Planning Director, dated July 21, 1981 4. Environmental Documents BH/ar 9/15/81 - 3- . : I .. ., .. .., . .. . .. .. DATE : July 21, 1981 ., TO: James Hagaman, Planning Di.rc?ctar .I .. :- ..* STEP 3: February 1982 - If General P3,an Arne1~6mmt fc nppmvcd, amend the Zuriiflg Ordinance to create a new zone to imp~cment.. the new residential land use designaticn, : : . .. MJH:wL cc: Tom Hagernan Charles Grim Ran Bechian Vince Bi~nda .. .. - '. NOTICE OF PUBLIC HEARING ZCA-138 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, October 6 *1981, to consider an applicatior for an amendment to the Zoning Ordinance to modify the density requirements of the R-3L, R-3, R-P, R-T and R-W zones. APPLICANT: City of Carlsbad PUBLISH : September 26, 1981 CARLSBAD CITY COUNCIL AOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M, on Wednesday, September 23, 1981, to consider approval of an amendment to the Zoning Ordinance to modify the density requirements of the R-3L, R-3, R-P, R-T and R-W zones, Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. CASE FILE: ZCA-138 APPLICANT: CITY OF CARLSBAD PUBLISH : SEPTEMBER 12, 1981 CITY OF CARLSBAD PLANNING COMMISSION