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HomeMy WebLinkAbout1983-01-04; City Council; 7257; Zone Code Amendment EstablisingClN-)F CARLSBAD - AGENDI-NLL AB#= 1/4/83 MTG. DEW. PLN /:A+- RD-H, RESIDENTIAL DENSITY - HIGH ZONE; ZONE CODE AMENDMENT ESTABLISHING THE ZCA-153 - CITY OF CARLSBAD C~T~ATP/ CITY MOR& RECOMMENDED ACTION: Both the Planning staff and Planning Commission recommend that this application be APPROVED and that the City Council introduce Ordinance No. 264 ITEM EXPLANATION: This item is an amendment to the Zoning Ordinance establishing the RD-H (Residential Density-High) zone. This zone would *be the implementing zone for the RVH (Residential-Very High Density - 30 to 40 du's/acre) General Plan designation that was adopted by the City Council in November, 1981. The Council's intent was to establish zoning to allow higher density development in limited areas of the city. For example, this zone may be appropriate near commercial core areas, the downtown area, or close to high employment centers. Also, this zone will provide for more affordable housing types. In terms of development standards, the RD-H zone is very similar to the existing RD-M zone. One feature of this amendment is that a development plan must accompany a request for a zone change. This provision will ensure that a project can feasibly build at the higher density allowed by this zone. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW: The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, there- fore, has issued a Negative Declaration, dated November 19, 1982, which was approved by the Planning Commission on December 8, 1982. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACTS: No fiscal impacts would be created by the approval of this zone code amendment. EXHIBITS: 1. Ordinance No. 9664 2. Planninq Commission Resolution No. 2054 3. Staff Report, dated December 8, 1982 . .... . _- -0I. . ,^ , . -. . . ... . . . . .. .. , .~ .~ 1 2 2 4 F: U E 7 E 9 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9664 AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF CARLSRAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD ESTABLISHING THE RD-H (RESIDENTIAL DENSITY-HIGH) ZONE. MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.23 The City Council of the City of Carlsbad, California oes ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal ode is amended by the addition of Chapter 21.23 to read as ollows: Chapter 21.23 RD-H Residential Densitv-Hish Zone ections 1.23.010 1.23.020 1.23.030 1.23.040 1.23.050 1.23.060 1.23.070 1.23.080 4.23.090 1.23.100 1,23.110 1.23.11 1 1 23.112 1.23.113 Purpose Permitted Uses Uses and Structures Permitted by Conditional Use Permit Applicability of Zone Maximum Allowable Density Building Height Front Yard Side Yard Rear Yard Rear Yard Accessory Buildings Setbacks - Parking Lot Area Lot Coverage Lot Width 21.23.010 Intent and Purpose. The purpose of the RD-H one is to implement the RVH, residential very high density 30-40 du/ac) designation of the Land Use Element of the General lan. ocations where higher densities are appropriate and desirable, uch as near the commercial core, in the downtown area or close o high employment centers, It is also the purpose of this zone o provide a higher density to facilitate the development of low nd moderate income ownership and rental housing. This zoning is only to be applied in very limited 21.23.020 Permitted Uses. The following uses only hall be permitted in the RD-H zze, subject to the provisions f Chapter 21.41 and 21.44, unless otherwise provided for in his chapter: 1 2 3 4 5 6 7 €? 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Single-family dwelling 2. Two-family dwellings 3. Multiple family dwellings 4. Accessory buildings 5. Signs subject to the provisions of Chapter 21.41 21.23.030 Uses and Structures Permitted by Conditional Use Permit. Subject to the provisions of Chapters 21.42 - ______ and 21.50, the following uses and structures are permitted by conditional use permit: 1. Residential care facilities serving more than six 2. Professional care facilities; 3. Public and private commercial parking lots and parking structures; 4. Child care Rurseries, if a single play lot not less than six-hundred square feet in area, plus an additional seventy-five feet of area for each child in excess of nine, is provided on the lot or adjacent to the premises. Such play lot shall not be located in any required front or side yard. persons; 21.23.040 Applicability of Zone. This zone is site specific and an application for a zone change to the RD-H zone must be accompanied by and processed concurrently with a site development plan for apartments or a planned development permit for ownership units. 21.23.050 Dwel1i.m Units Per Lot. (a) The number of dwelling units permitted on a lot shall (b) Whenever the general plan establishes density in terms be consistent with the density specified by the qeneral plan. of ranges, the density for a project shall be the lowest density established by the ranqe unless the Planning Commission or the City Council, whichever the final decision making body for a project is, finds that a greater density within the range is justified under the provisions of t.he general plan. to be zoned RD-H is located in a transitional area between existing residential neighborhoods and other uses, or in a transitional area between property zoned for residential uses or other uses, the City Council may designate the maximum density permitted on the property at a point within the range established by the qeneral plan. The density established €or 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 rezoned or, if the property has previously been zoned RD-H, then the desiqnation shall be done in the same manner as a change of zone. Property which has a maximurn density desiqnation shall be subject to Subsection (b). (c) Whenever property which is zoned or which is proposed 21.23.060 Building Height. The maximum allowable building height shall be thirty-five feet. 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21.23.070 Front Yard. Every lot in the RD-H zone shall have a front yard of not less than ten feet in depth. No carports or garages shall face onto this front yard. The front yard shall be heavily landscaped with a combination of flowers, shrubs and trees, and irrigated with a permanent irrigation system. La.ndscape plans and irrigation system plans shall be approved by the Land Use Planning Office prior to issuance of a building permit for a proposed structure. 21 -23.080 Side Yard. Every lot shall have a side yard 1. Interior lots shall have a side yard on each side of the 2. Corner lots and reversed corner lots shall have side as follows: lot of not less than five feet in width; yards as follows: A. On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot. the side yard shall be ten feet. B. On any side of a lot which is adjacent to a street, 21.23.090 Rear Yard. There shall be a rear yard of not less than ten feet in depth. 21 .23.100 Rear Yard - Accessory Buildings. No accessory buildings more than one 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 is not less than five feet, and further provided, the distance between buildings used for human habitation and accessory buildings shall be not less than ten feet. 21.23.110 Setbacks - Parking. The side yard setback of uncover&- off street parking may be reduced up to zero feet provided that a six-foot high masonry wall is built along the property line adjacent to the setback area. A zero-foot setback may be permitted for subterranean parking, provided the required setbacks for the dwelling structure are landscaped and maintained. .21.23.111 Lot Area. The minimum lot area shall not be less than one-half acre. 21.23.112 Lot Coverage. All buildings, including accessorybuildings and structures, shall cover no more than seventy percent of the lot. 21.23.113 Lot Width. Every lot shall be a width of not less than seventy-five feet at the rear line of the required front yard. 1 c 4 F 8. E 7 € 9 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council hereby declares that t would have passed this ordinance phrase by phrase, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to t.he 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 day of F*.marlr I Zarlsbad City Council held on the 1st 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Zouncil held on the 15th day of F&- 1983 , by the Eollowing vote, to wit: AYES : COUnCi1 Nernbers Casler , his, Kulcl~, Chick and Prescott NOES: None , ABSENT: None XdYZ// e,,, MARY H. ASLER, Mayor ITTEST: :SEAL) 4 .4 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PLANNING COMMISSION RESOLUTION NO. 2054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.23 ESTABLISHING THE RD- H, RESIDENTIAL DENSITY-HIGH ZONE. APPLICANT: CITY OF CARLSBAD CASE NO. : ZCA-153 WHEREAS, the Planning Commission did, on the 8th day of ,ecember, 1982, hold a duly noticed public hearing as prescribed by .aw to consider said request; and WHEREAS, at said public hearing, upon hearing and !onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors *elating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: L) That the above recitations are true and correct. I) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL OF ZCA-153 according to Exhibit "A" dated November 19, 1982, attached hereto and made a part hereof, based on the following findings: 'indinas ) The proposed amendment will establish a zone to implement the RVH, residential very high density (30-40 du/ac) general plan designation. !) The proposed amendment will adequately control the location of very high density projects so that they will be located in close proximity to commercial cores, downtown vicinity and high employment centers. and moderate income ownership and rental housing. . 1) The proposed amendment will facilitate the development of low '/// '/// '/// '/// .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 39 20 21 22 23 24 25 26 27 28 L 4) The project will not cause any significant environmental . impacts and a Negative.Declaration has been issued by the Land Use Planning Manager on November 19, 1982 and approved by the Planning Commission on December 8, 1982. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 8th ATTEST: day of December, 1982, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Marcus, Rombotis, Schlehuber; Jose, Friestedt and Rawlins. NOES: None. VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER, LAND USE PLANNING MANAGER PC RES0 NO. 2054 Y STAFF REPORT 13\ t DATE : December 8, 1982 TO: Planning Commission FROM : Land Use Planning Office SUBJECT: ZCA-153 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to establish the RD-H, Residential Density- High 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. 2054 recommending APPROVAL of ZCA-153 to the City Council based on the findings contained therein. 11. PROJECT DESCRIPTION AND BACKGROUND This is an amendment to the Zoning Ordinance to establish the RD- H, Residential Density-High Zone. The purpose of this zone is to implement the RVH, residential very high density (30-40 dwelling units per acre) designation of the Land Use Element of the General Plan. This amendment is part of a three-step program which the City Council directed staff to proceed with in 1981. Part I, approved by the City Council in mid-1981, was a Zone Code Amendment which reduced the maximum permitted density of the R- 3L, R-3, R-P, R-T and R-W zones to make them consistent with the present density ranges of the General Plan. Part 2, approved by the City Council in November, 1981, was a General Plan Amendment to establish the RVH, residential very high density (30-40 du/ac) designation. This designation would only be applied in very limited areas of the City. Part 3, before you tonight, establishes'the RD-H zone to implement the RVH general plan designation. ANALY S I S The standards of the proposed RD-H, Residential Density-High Zone are basically similar to the standards of the existing RD-M zone; however, three significant differences exist between the RD-H zone and the RD-M zone. First, the RD-H zone provides for residential development at a density of 30-40 dwelling units per acre. Second, the RD-H zone is site specific and will only be applied in very limited areas where it can be found that higher densities are appropriate and desirable, such as near the commercial core, in the downtown area or close to high e- employment centers. Third, this new zone will also provide a higher density to facilitate the development of low and moderate income ownership and rental housing. An application for a zone change to RD-H must be accompanied by and processed concurrently with a site development plan for apartments or a planned development permit for ownership units. This is to ensure that a site being rezoned to RD-H could be developed at a density of 30-40 du/ac. Staff feels the proposed RD-H zone adequately implements the RVH General Plan designation and, therefore, recommends approval of ZCA- 1 53. 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on November 19, 1982. ATTACHMENTS - 1. PC Resolution No. 2054 2. Exhibit "A", dated November 19, 1982 3. Environmental Documents 11/30/82 MH : bw -2- DE~~ELOPMENTAL SERVICES Assistant City Manager Building Deparlment (714) 438-5596 (714) 238-5525 Engineering Departmenl Housing & Redevelopment Departmenl (714) 438-5541 3096 Harding St. (714) 438.561 1 L3' Planning Department (714) 438-5591 PUBLIC hWICE OF PREPARATION .. PLEASE TPJE NOTICE: 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 The Land Use Planning Office of the City of Carlsbad intends to prepare a Negative Declaration for the following project: Project Description: Zone Code Anendrent to create the DH (Residential Iknsity High, 30-40 du/ac) zone. Project addressllocat ion: Anticipated significant impacts: None City of Carlsbad We need to hod your ideas abut the effect this project might have on the environment md your suggestions for ways the project could ke revised to reduce or avoid any significant envirormntal damage. Your ideas will help us decide what issues to analyze in the environ- mental revim of this project. Your ccmmnts on the environmental impact of the proposed project may be sub-nitted in writkg to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than Novercber 17, 1982. CAS No: ZCA-153 APPLICANT: City of CcTlsbad .Land Use Planning Manager puf?LIEH DATE: N0ve-r 3, 1982 ! ND3 5/81 7 . .. .- .. .~.. .. .. .- I. . ...,. ..-....---. _- -..- .... .. .. .... ' .- .. ~ -... ._,. ". II, ... . .,." DEVELOPMENTAL SERVICES 0 Asslstant Clty Manager (714) 438-5596 0 Bullding Department 0 Engineering Department (714) 430-5525 (714) 438-5541 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 El Housing ?i Redevelopment Department 3096 Harding St. v14) 438-5611 a Planning Department (714) 438-5591 J!J%GATIVE DECLARATION PROJECT ADDRESS/WATIoN: City of Carlsbad. PROJECT. DESCARIPTION: Zone Code Amendment to create the RD-H (Residential Density High, 30-40 du/ac) zone. The City of Carlsbad has cocducted an environmental review of the abve described project pursuant to the Guidelines for Implementation of the California Environnental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project.wil1 not have a significant irnpact on the environment) is hereby issued for the subject project. kmd Use Planning Office. As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supprtive docurrents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments frm the public are invited. Please submit con-mnts in writing to the Land Use Planning Office within ten ( 10) days of date of issuance. . DATED: NovelnbGr 19, 1982 CASE Nc): ZCA-153 Land Use Planning -hanager APPLICANT: City of Carlsbad PUBLISH DATE: Kbveinber: 27, 1982 ND-4 5/8 1 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publicat ion STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, .a ' kOTICE OF PUBLIC HEARING ZCA-153 *. e City of Carlsbad Applicant. City of Carlsbad CJ W343: December 22,1982 CARLSBAD CITY COUNCIL 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 local news and intelligence of a general character, and which newspaper at all times herein mentioned had 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 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: ............... .Cec.e~ber. 22.. .. 19 32. ................................. 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 t.hf 33nd day of Parr n:hnv 1 clL2 ') \ L -$L#L€aa a -42) Clerk of ihe Printer 2M-4/82 NOTICE OF PUBLIC HEARING ZCA-153 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, January 4, 1983, to consider an application for a zone code amendment to establish the RD-H Residential Density - High Zone on property generally located in the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH: December 22, 1982 CARLSBAD CITY COUNCIL c NOTICE IS will hold Carlsbad , - -\ - Nc OF PUBLIC HEJ.wNG ... , HEREBY GIVEN that the Planning Commission of the City of Carlsbad a public hearing at the City Council Chambers, 1200 Elm Avenue, California, at 7:OO p.m. on Wednesday, December 8, 1982, to consider approval of a zone code amendment to establish the RD-H esidential Density - High Zone on property generally located in the City of Carlsbad. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Use Planning Office at 438-5591. If you have any questions please call the Land CASE FILE: ZCA-153 APPLICANT: CITY OF CARISBAD PUBLISH: December 4, 1982 CITY OF CARLSBAD PLANNING COMMISSION . I