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HomeMy WebLinkAbout1985-08-13; City Council; 8282; Site Development plan for all multi-family project‘I AB#a MTG.-8/1[3/85 DEPT. P LN ZONE CODE AMENDMENT TO REQUIRE A SITE DEPTm “Dm DEVELOPMENT PLAN FOR ALL MULTI-FAMILY RESIDENTIAL PROJECTS. TITLE: CITY MGR. - Z&4-/f3 ITEM EXPLANATION This item is an amendment to the Zoning Ordinance to require a site development plan for any multi-family residential project. Presently, site plan review for multi-family projects is required only if: 1 - the project involves a subdivision of land (i.e, condominiums) and is then processed under the subdivision ordinance (Title 20) and the planned development ordinance (Chapter 21.45); or 2 - the project is an apartment project and is proposed at a density that is above the minimum designated by the General Plan in which case it requires a Planning Commission Determination (PCD). Apartment projects that are proposed at or below the minimum density, regardless of their size, do not require site development plan review and only need a building permit to be constructed. This ordinance amendment would require all apartment projects over 4 units, not otherwise processed under the subdivision ordinance or planned development ordinance, to be reviewed by the Planning Commission. For apartment projects with more than 50 units, final approval would be needed from the City Council. A site development plan will be required to allow the city to review items in addition to the normal development standards of the zone in which the project is located such as compatibility, and additional setbacks, landscaping and parking. For additional information on this amendment, please refer to the attached staff report to the Planning Commission, dated July 24, 1985. 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 amendment will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated July 10, 1985, which was approved by the Planning Commission on July 24, 1985. 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 amendment. EXHIBITS 1. City Council Ordinance No. 976.7 2. PC Resolution No. 2467 3. Staff Report, dated July 24, 1985 t 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 EXHIBIT "A" JULY 24, 1985 ORDINANCE NO. 9767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDfTION OF SECTION 21.44.220 TO REQUIRE A SITE DEVELOPMENT PLAN FOR ALL MULTI-FAMILY RESIDENTIAL PROJECTS The City Council of the City of Carlsbad, California, does ,rdain as follows: SECTION 1: That Title 21, Chapter 21.44 of the Carlsbad lunicipal Code is amended by the addition of Section 21.44.220 to read as follows: 21.44.220 Multi-family residential projects - site (a) Notwithstanding anything to the contrary in this Code levelopment plan required. 10 building permit or other entitlement shall be issued for any multi-family residential development having more than four dwelling inits unless a site development plan has been approved for the )reject. The site development plan shall be processed pursuant to :hapter 21.06 (Q-Overlay Zone) of this Code. A site development )lan shall not be required for any project processed pursuant to :hapter 21.45 of this Code. (b) The Planning Commission shall have the authority to ipprove, conditionally approve or deny site development plans for xojects with 50 dwelling units or less. The Planning Commission's iecision may be appealed to the City Council as provided in Chapter t1.06. For projects with more than 50 units the Planning :ommission shall hold a public hearing and make a report and recommendation to the City Council. The City Council, after public learing noticed as provided in Section 21.54.060(1) of this Code, shall approve, conditionally approve or deny the site development )lan. (c) The development shall be subject to the development standards of the zone in which the development is located and/or iny applicable specific or master plans. In addition, the Planning :ommission or City Council may impose special conditions or requirements addressing any of the following items : (1) Density of use; (2) Compatibility with surrounding properties and (3) Parking standards; (4) Setbacks, yards, open space, and onsite (5) Height and bulk of buildings; (6) Fences and walls; (7) Signs; (8) Additional landscaping; Land uses; recreational facilities; 3 # 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 (9) Grading, slopes, and drainage; (10) Time period within which the project or any (11) Points of ingress and egress; ,(12) Such other conditions as deemed necessary to >bases of the project shall be completed; Snsure conformity with the general plan and other adopted policies, loals or objectives of the City. In addition the Planning Commission or City Council may require that the developer provide public improveinents either on or )ff the subject site as are needed to service the proposed ievelopment or to mitigate public facilities needs or impacts :reated by the project. EFFECTIVE DATE: This ordinance shall be effective thirty lays after its adoption, and City Clerk- shall certify to the idoption of this ordinance and cause it to be published at least )rice in the Carlsbad Journal within fifteen days after its idoption. INTRODUCED AND FIRST READ at a regular meeting of the :arlsbad City Council held on the 13th day of Au-st I 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Zouncil held on the 20th day of August , 1985 by the iollowing vote, to wit: AYES: Council lkmbers Casler, IeWis, Kulchin, Chick and Pettine NOES: Nom ABSENT: None MARY 13. /CASLER, Mayor I, iTTEST : &cGL 8! LcLA&LL- iLETHA L. RAUTENKRANZ, City klerk [SEAL) 2 3 1 2 3 4 5 6 7 e 9 IC 11 12 12 14 15 1E 17 1€ 1s 2c 21 22 22 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2467 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.44.220 TO REQUIRE A SITE DEVELOPMENT PLAN FOR ALL MULTI-FAMILY RESIDENTIAL PROJECTS APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-183 WHEREAS, the Planning Commission did, on the 24th day Df July, 1985, hold a duly noticed public hearing as prescribed 3y law to consider said request; and WHEREAS, at said public hearing, upon hearing and zonsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors- c relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2ommission as follows: 4) 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-183, according to Exhibit "A", dated July 24, 1985, attached hereto and made a part hereof, based on the following findings: Findings: 1) The proposed amendment will help ensure that all apartment projects are reviewed for adequate site design. 2) The proposed amendment will eliminate the possibility of a large multi-family residential project being constructed without Planning Commission or City Council approval. 3) This amendment will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 10, 1985 and approved by the Planning Commission on July 24, 1985. 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, APPROVED AND ADOPTED at a regular meeting of the 'lanning Commission of the City of Carlsbad, California, held on :he 24th day of July, 1985, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, NOES: None. Smith, Rombotis & Hall. ABSENT: None. ABSTAIN: None. CLARENCE SCHLEHUBE R, Chairman CARLSBAD PLANNING COMMISSION LTTE ST : IICHAEL J. ' ?€bLZM$mER JAND USE PLANNING MANAGER ?C ESO NO. 2467 2 STAFF REPORT .J DATE : JULY 24, 1985 TO : PLANNING COMMISSION FROM: LAND USE PLACTNING OFFICE SUBJECT: ZCA-183 - CITY OF CARLSBAD - AN AMENDMENT TO THE ZONING ORDINANCE TO REQUIRE PLANNING COMMISSION OR CITY COUNCIL APPROVAL (SITE DEVELOPMENT PLAN) FOR MULTI-FAMILY RESIDENTIAL PROJECTS. I. RECOMMENDAT ION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2467, recornmending APPROVAL of ZCA-183, based on the findings contained therein. c 11. DISCUSS ION This item is a city-initiated amendment to the Zoning Ordinance to require a site development plan for any multi-family . residential project. Presently, site plan review and discretionary approval for multi-family projects is required only if: 1 - the project involves a subdivision of land (i.e, condominiums) and is then processed under the subdivision ordinance (Title 20) and the planned development ordinance (Chapter 21.45); or 2 - the project is an apartment project and is proposed at a density that is above the minimum designated by the general plan in which case it requires a Planning Commission Determination (PCD) . Apartment projects that are proposed at or below the minimum density, regardless of their size, do not require site development plan review and only need a building permit to be constructed. An apartment project of say 500 units could be approved without any review by the Planning Commission or City Council if it was proposed at the minimum end of the density range. Staff believes that all apartment projects over 4 units should require a site development plan and review by the Planning Commission. For projects with more than 50 units, final approval should be given by the City Council. Staff is therefore recommending that the Zoning Ordinance be amended to require all multi-family projects not otherwise processed under the subdivision ordinance or planned development ordinance to require approval of a site development plan pursuant to the provisions of the Q-Overlay Zone. Requiriny a site development plan will allow the city to review the following items in addition to the normal development standards of the zone in which the project is located: Density of use; Compatibility with surrounding properties and land uses: Parking standards; Setbacks, yards, open space, and onsite recreational facilities; Eleight and bulk of buildings; Fences and walls: Signs: Additional landscaping; Grading, slopes, and drainage: Time period within which the project or any phases 6 of the project shall be completed: Points of ingress and egress; 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this amendment will not have a significant impact on the environment and, therefore, issued a Negative Declaration on July 10, 1985. EXHIBITS 1. PC Resolution No. 2467 2. Exhibit "A" dated July 24, 1985 (City Council Ordinance) 3. Environmental Document MJH/ar 2 7 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication 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 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: August 3 85 ................................. 19 .... - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing.at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 1300 P.H. w Tnadey. irulU.t 13, ZCA-183 1985, to conrider mn application for a2oyCd.Ad.ldmWte-e Planning Commlsslon oyCi(yCoun- cil approval for multi-family resi- dentid projects. If you eballenee the zone code amendment in court. you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice. or in written correspond- ence delivered to the City of Carls- bad at or prior to the public hearing Applicant. City of Carlsbad CJ 4423. Adgust 3. 1985 CARLSBAD CITY COL'NCIL ................................. 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 he 3 r d Clerk of the Printer ,- NOTICE IS HExEE NOTICE OF PUBLIC HEARING ZCA-183 GIVEN that the City Council of the C,ty of CarlSdad w 11 hold a public hearing at the City Council -&a&ers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, August13, 1985, to consider an application for a Zone Code Amendment to require Planning canmission or City Council approval for multi- family residential projects. If you challenge the zone code aaenhnt in court, you my be limited to raising only those issues you or mne else raised at the public hearing desaiked in this notice, or in written correspndence delivered to the City of Carlsbad at or prior to the public hearing, APPLICA": City of Carlsbad PUBLISH: August 3, 1985 cA€usm CITY COUNCIL NOTICE IS €IFREBY GIVEN that the Planninq Commission 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 Wednessay, July 24, 1985, to consider approval of a Zone Code Amendment to require Planning Conmission or City Council approval for multi-f amily residential projects. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Office a.t 438-5591. If you have any questions please call the Land Use Planning If you challenge the zone code mendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspndence delivered to the City of Carlsbad at or prior to the public heariq. CASE FILE: ZCA-183 APPLICANT: CITY OF CARISBAD PUBLISH: July 13, 1985 CITY OF CAFLSBAD FLIL;”.;TNIIX; WMISSION