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HomeMy WebLinkAbout1982-12-21; City Council; 7235; Zone Code Amendment-Densities in RDM Zone,. \B# 723 12/21/82 -- _- HTG. * gJ CITY IF CARLSBAD - AGEND~ --JILL TITLE: ZONE CODE AMENDMENT - SPECIFIC DENSITIES IN THE RDM ZONE; ZCA-151 - CITY OF CARLSBAD I !?JAN 3EPT. lcin MOR* Y RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. 9658 ITEM EXPLANATION This item is an amendment to the Zoning Ordinance to permit the Planning Commission or City Council to establish a maximum specific density in the RDM zone. For properties already zoned RDM, the Planning Commission or City Council would be able to establish a specific density when a plan for development of the property is submitted. The specific density would have to be consistent with the density of the general plan. For properties for which an application is submitted for a zone change to RDM, the City Council would be able to set a specific maximum density for those properties at the time of rezoning. For example, a zone change to RDM-(15) on a property would allow development on that property at a maximum of 15 dwelling units per acre. The areas where a specific maximum density would be appropriate are transitional areas between higher and lower density residential areas and between areas having different land uses. The Planning Commission and staff believe this amendment will ensure more compatible residential development in the RDM zone. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated October 20, 1982, which was approved by the Planning Commission on November 24, 1982. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACTS No fiscal impacts would be created as a result of this amendment. EXHIBITS 1. City Council Ordinance No. 76 &t?. (Exhibit 'A', dated November 24, 1982) 2. Planning Commission Resolution No. 2049 3. Staff Report, dated November 24, 1982 w/attachments 1 2 3 4 5 6 7 a 9 10 11 12 3.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" NOVEMBER 24, 1982 1 ORDINANCE NO. 9658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 21.24 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF 21.24.120 REGARDING DENSITY IN THE RD-M ZONE. CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER The City Council of the City of Carlsbad, California, jloes ordain as follows: SECTION 1: That Title 21, Chapter 21.24 of the Carlsbad Yunicipal Code is amended by the amendment of Section 21.24.120 to as follows: 21.24.120 Dwellina Units Per Lot (a) The number of dwelling units permitted on a lot shall be consistent with the density specified by the general plan. (b) Whenever the general plan establishes density in terms of ranges, the density for a project shall be the lowest density established by the range unless the Planning Commission or the City Council, whichever is the final decision making body for a project finds that a greater density within the rangc is justified under the provisions of the general plan. (c) Whenever property which is zoned or which is proposec to be zoned RD-M is located in a transitional area between existing residential neighborhoods and other uses, or in a transitional area between property zoned for residential uses and property zoned for higher density residential uses or other uses, the City Council may designate the maximum density permitted on the property at a point within the rang< established by the general plan. The density established for a project pursuant to subdivision (b) shall not exceed this maximum density. Designation of the maximum density shall be done at the time the property is zoned or, if the property has previously been zoned RD-M, then the designation shall be done in the same manner as a change of zone. Property which has a maximum density designation shall be subject to Subsection (b). * > 1 2 3 4 5 6 7 E 9 ZC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of February I 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of I_ February , 1983 - , by the following vote, to wit: AYES: NOES: Council IIenber Chick ABSENT: None Council I”mbers Casler, Lewis, Kulckin and Prescott I - MARY H. MASLER, Mayor ATTEST : (SEAL) .2 1 2 z 4 E U E 7 E 9 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.24, SECTION 21.24.120 OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.24.120(1) TO ALLOW THE DESIGNATION OF SPECIFIC DENSITY MAXIMUMS FOR PROPERTY IN THE RD-M ZONE. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA-151 WHEREAS, the Planning Commission did, on the 24th day of Jovemher, 1982, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons iesiring to be heard, said Commission considered all factors :elating to the zone code amendment. WHEREAS, THEREFORE, BE IT HEREBY RESOLVED by the Planning I) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-151, according to Exhibit "A", dated November 24, 1982, attached hereto and made a part hereof, based on the following findings: Find ing s : I) The proposed amendment is consistent with the General. Plan since the designated densities would provide for development that is within the range specified by the Land Use Element of the General Plan. !) The proposed amendment will provide for more compatible development patterns by providing for greater consistency between neighboring densities. I) The proposed amendment will not cause any significant environ- mental impacts, and a Negative Declaration has been issued by the Land Use Planning Manager on October 20, 1982, and approved by the Planning Commission on November 24, 1982. '/// &# ' 1- 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 '1 ann i ng :he 24th ITTEST: PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on day of November, 1982, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION IICHAEL J. HOLZMILLER, ,AND USE PLANNING MANAGER ?C RES0 NO. 2049 .2 _,__ . ^_. __._ .. ,....I .... . . ... ." .. STAFF REPORT DATE : November 24, 1982 TO: Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-151 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to provide for specific maximum developable densities in the RD-M zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2049, recommending APPROVAL of ZCA-151, based on the findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND Currently, the developable density of an RD-M lot is determined by the underlying General Plan designation for the subject property. The RD-M zone implements a density range, as established by the Land Use Element of the General Plan (for example, a property designated RMH would have a corresponding density range of 10-20 du/ac). Staff is proposing an amendment to the RD-M zone, which would permit the Planning Commission or City Council to establish specific density maximums. 111. ANALYSIS The proposed zone code amendment would allow the designation of a specific density maximum in instances where application of the full density range, of the land use classification, may not be appropriate. The designated density would be within the range established by the Land Use Element of the General Plan. This provision of the RD-M zone would be utilized to provide transitional densities between existing neighborhoods or other uses. This section would be applicable to instances where new development, within the full density range, would not be compatible with the character and development patterns of an existing neighborhood or use. The amendment would allow the Council to assign a more compatible density to certain properties to create a transition between existing single family neighborhoods and higher density developments where the General Plan is not specific in establishing such buffers. ~ .... ~--.. , . ' . ..... ..I_._ .. .. . - Staff .believes that the proposed amendment would further refine the provision of transitions and buffers, as intended by the Land Use Element of the General Plan, and provide for more compatible development patterns. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the project will not have a significant impact on the environment, and there- fore, has issued a Negative Declaration on October 20, 1982. ATTACHMENTS 1. PC Resolution No. 2049 2. Exhibit "A", dated November 24, 1982 3. Environmental Documents CDN: kb 11/19/82 -2- Carlsbad J Decreed a Legal Newspaper by the Superior Court of Sari Diego County 31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345 Proof of P STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of IOCCII news and intelligence of a general character, and which newspaper at all times herein mentioned hac1 and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice NOTICE OF PUBLIC HEARING ZCA 151 NOTKE Is HEREBY GIVEN that the City Council of the City of Carls- bad wilf hold a public hearing at the City Council Chambers, 1200 Elm Avenue. Carlsbad, California 2! 6 p %f&&esday, kcembe; 21 1982, to consider an application for a zone code amendment to pro- vide for specific maximum de- velopable density in the RD-M zone Applicant City of Carlsbad CJ W322 December 8, 1982 CARLSBAD CITY COUNCIL 2M-4i82 of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ...... pe.c.embe.r. .? ........... 1981. . ................................. 19 .... .............................. 19 .... .............................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on 8th___----- - day of ~____________ December 1982 - __ - - NOTICE OF PUBLIC HEARING ZCA-151 NOTICE IS HEFIEBY 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, December 21, 1982, to consider an application for a zone code amendment to provide for specific maximum developable density in the RD-M zone. APPLICANT: City of Carlsbad PUBLISH: December 8, 1982 CARLSBAD CITY COUNCIL d' .CE OF PUBLIC €EARI?!K; NOTICE IS HEREBY GIVEN that the Planning Curmission of tie City of'Carlsbad will hold a public hearirq at the City Council Cheers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednssday, November 24, 1982, to consider approval of a zone code amendment to provide for specific maximum developable density in the RD-M zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Use Plapning Office at 438-5591. If you have any questions please call the Land CASE FILE: ZCA-151 ApPI,IcANT: CITY OF CARLSBAD PUE3LISH : mvember 13, 1382 CITY OF CARLSBAD PLANNING COMMISSION