HomeMy WebLinkAbout1981-10-06; City Council; 6760; Zone Code Amendment to modify density requirement.-
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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,
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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
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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.
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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-
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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
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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
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(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
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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.
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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
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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,
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MJH:wL cc: Tom Hagernan
Charles Grim Ran Bechian Vince Bi~nda
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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